EXETER CITY COUNCIL
REGULAR MEETING AGENDA
February 24, 2026, 6:30 PM
City Hall, 137 North F Street
Exeter, California 93221
Mayor
Jacob Johnson
Mayor Pro Tem
Jeff Wilson
Council Members
Vicki Riddle
Frankie Alves
Bobby Lentz
Notice is hereby given that the Exeter City Council will hold a Regular Meeting on Tuesday, February 24, 2026, at 6:30 p.m. in person at Exeter City Hall located at 137 N. F St. in Exeter California, 93221.
Staff Reports related to items on the agenda are available on the City’s website at https://cityofexeter.ca.gov/ and available for viewing at City Hall. 6:30 p.m.
A. CALL TO ORDER CLOSED SESSION
B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
Comments from the public are limited to items listed on the closed session matters (GC 54954.3a). Speakers will be allowed three (3) minutes. Please begin your comments by stating your name and providing your City of residence.
C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S)
1. GC 54956.9(d)(2) – Conference with Legal Counsel
Re: Anticipated Litigation/Significant Exposure to Litigation – One (1) Case:
2/13/26 Letter from Attorney M. Tsai
2. 54956.9(d)(1) Conference with Legal Counsel
Re: Existing Litigation – Two (2) Cases:
Hall v. City of Exeter, et al. , U.S. District Court No. 1:25-cv-01877-KES-EPG Martinez v. Lujan et al., U.S. District Court No. 1:25-cv-01494-SAB 7:00 p.m.
D. CALL TO ORDER REGULAR SESSION
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
E. INVOCATION
F. PLEDGE OF ALLEGIANCE
G. PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda that are within the jurisdiction of the Exeter City Council. In compliance with public meeting laws, Council cannot discuss topics that are not included on the published agenda. This is also the time for citizens to comment on items listed on the Consent Calendar or to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar Items and all Individual Business or Public Hearing Items that are listed on this agenda will be heard at the time that item is discussed or at a time the Public Hearing is opened for comment.
In fairness to all who wish to speak tonight, comments shall be limited to five (5) minutes for each individual, ten (10) minutes for an individual representing a group, and thirty (30) minutes overall for the entire public comment period, unless otherwise indicated by the Mayor. Although not required, speakers are asked to begin their comments by stating their name and city of residence.
H. CONSENT CALENDAR
Items listed under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Approval of February 10, 2026, Regular Meeting Minutes (pp. 5 – 8)
2. Approval of the Payment of Bills for February 6, 2026, and February 9, 2026 (pp. 9 – 19)
3. Approval of Payroll for the Period of January 26, 2026, to February 8, 2026 (pp. 20 – 27)
4. Approval of a Facility Use Request, Street Closure Request and a Special Event Fee Waiver in the Amount of $274.00 for the Exeter Mural Committee’s Annual Garden Party Fundraiser on May 3, 2026 (pp. 28 – 35)
5. Approval of the Request for Qualifications (RFQ) for On-Call Professional Engineering Services for Federal and State Funded Projects and Authorize Staff to Release the RFQ Pending Final Review and Approval from the State of California (pp. 36 – 108)
6. Authorizing the Purchase of a Crack Seal Maintenance Trailer from KM International for Street Preventative Maintenance (pp. 109 – 112)
7. Adoption of Resolution No. 2026-06, A Resolution of the City Council of the City of Exeter, Authorizing the City Administrator to Apply for and Administer the ZeroEmission Landscaping Equipment (Zele) Voucher Program through the San Joaquin Valley Air Pollution Control District (SJVAPCD) (pp. 113 – 119) February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
I. INDIVIDUAL BUSINESS ITEMS
Comments related to Individual Business and Public Hearing Items are limited to three (3) minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
1. Conduct a Public Hearing and Consider Adoption of Resolution No. 2026-05, A Resolution of the City Council of the City of Exeter Updating the City of Exeter Fee Schedule to Establish and Align Animal Control–Related Fees Consistent with Ordinance No. 717 and the City’s Animal Control Services Agreement with the City of Visalia (pp. 120 – 177)
Presented by Jason Ridenour, City Administrator
2. Consider Partnership with the Exeter Chamber of Commerce in the 2026 Summer Concert Series and Sponsorship Contribution in the Amount of $1,500, as Requested by the Chamber of Commerce (pp. 178 – 181)
Presented by Jason Ridenour, City Administrator
3. Consider Adoption of Resolution No. 2026-07, A Resolution of the City Council of the City of Exeter, Authorizing the City Administrator to Apply for Transportation and Parks Grant Funding Opportunities (pp. 182 – 186)
Presented by Javier Andrade, Contract City Engineer
4. Consider Continued Membership in League of California Cities (pp. 187 – 207) Presented by Jason Ridenour, City Administrator
J. CITY COUNCIL ITEMS OF INTEREST
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
L. REGULAR MEETING ADJOURNMENT
State of California )
County of Tulare ) ss.
City of Exeter )
I declare under penalty of perjury that I am employed by the City of Exeter, in the Administrator’s Office; and that I posted this Agenda on the bulletin board outside of City Hall 137 N. F St. Exeter CA 93221 on February 6, 2026, and online on the City of Exeter website. _______________________________________________
Francesca Quintana, City Clerk
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
In compliance with the Americans with Disabilities Act, and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the City Clerk (559)592-9244. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet. (28 CFR 35.102-35. 104 ADA Title II).
Materials related to an item on this Agenda submitted to the legislative body after distribution of the agenda packet are available for public inspection at City of Exeter, Administration Office 314 W. Firebaugh, Exeter CA 93221 during normal business hours.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
EXETER CITY COUNCIL
REGULAR MEETING AGENDA
ACTION MINUTES
February 10, 2026, 6:00 PM
City Hall, 137 North F Street
Exeter, California 93221
Mayor
Jacob Johnson
Mayor Pro Tem
Jeff Wilson
Council Members
Vicki Riddle
Frankie Alves
Bobby Lentz
Notice is hereby given that the Exeter City Council will hold a Regular Meeting on Tuesday, February 10, 2026, at 6:00 p.m. in person at Exeter City Hall located at 137 N. F St. in Exeter California, 93221.
Staff Reports related to items on the agenda are available on the City’s website at https://cityofexeter.ca.gov/ and available for viewing at City Hall. 6:00 p.m.
A. CALL TO ORDER CLOSED SESSION
Mayor called the closed session to order at 6:00 p.m.
B. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
No public comments were presented.
C. ADJOURN TO CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION(S)
1. GC 54956.9(d)(2) Conference with Legal Counsel
Re: Anticipated Litigation – Significant Exposure to Litigation: Two (2) Cases (facts not known to potential plaintiffs)
2. 54956.9(d)(1) Conference with Legal Counsel
Re: Existing Litigation – One (1) Case:
City of Exeter v. Sandra Kay Bumgarner, et al., Tulare County Superior Court No.
VCU323368
3. 54956.9(d)(4) Conference with Legal Counsel
Re: Potential Initiation of Litigation: One (1) Case
7:00 p.m.
D. CALL TO ORDER REGULAR SESSION
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Mayor called the regular session to order at 7:00 p.m. City Attorney noted that there was no reportable action out of closed session.
E. INVOCATION
Led by Mayor Johnson.
F. PLEDGE OF ALLEGIANCE
Led by Council Member Alves.
G. PUBLIC COMMENTS
Public comment was received from Kirk Gilles. Mr. Gilles informed the City Council and members of the public that he attended the Measure P meeting in his capacity as the Measure P representative and noted that the committee is requesting the City’s second quarter reports. He also provided an update from the Exeter Cemetery District.
Public comment was received from Sandy Blankenship. Ms. Blankenship stated that she will be attending City Council meetings on behalf of the Exeter Chamber of Commerce and expressed her enthusiasm about working collaboratively with the City.
H. CONSENT CALENDAR
Items listed under the Consent Calendar are considered routine and will be enacted by one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Approval of January 27, 2026, Regular Meeting Minutes (pp. 5 – 9)
2. Approval of the Payment of Bills for January 23, 2026 (pp. 10 – 16)
3. Approval of Payroll for the Period of January 11, 2026, to January 25, 2026 (pp. 17 – 24)
4. Adoption of Resolution No. 2026-04, A Resolution of the City Council of the City of Exeter Approving an Updated Salary Schedule to Include the Code Enforcement Officer Classification (pp. 25 – 38)
5. Approval of a Two-Year School Resource Officer Agreement Between the City of Exeter and the Exeter Unified School District for Fiscal Years 2026–2028 (pp. 39 - 62)
6. Authorizing a Project Cost Increase for Replacement of the Clarifier Gearbox at the Wastewater Treatment Plant (pp. 63 – 65)
7. Authorize the Purchase of Eight Fire Hydrants from Pace Supply and Appropriating the Necessary Funds (pp. 66 – 68)
8. Authorize an Agreement for the Installation of Replacement Fire Hydrants with Charles Testerman General Engineering (pp. 69 – 80)
Approval of Consent Calendar
1st 2nd Result JONHSON WILSON ALVES RIDDLE LENTZ
WILSON RIDDLE (5-0) AYE AYE AYE AYE AYE
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
I. INDIVIDUAL BUSINESS ITEMS
Comments related to Individual Business and Public Hearing Items are limited to three (3) minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
1. Consider Approval of Dedication Plaque Text and Design for the Mike Germaine Bark Park (pp. 81 – 87)
Presented by Jason Ridenour, City Administrator
City Administrator provided a report for the City Council and members of the public.
Mayor opened the item up for public comment. No public comment was received.
Approval of Dedication Plaque Text and Design for the Mike Germaine Bark Park 1st 2nd Result JONHSON WILSON ALVES RIDDLE LENTZ
WILSON RIDDLE (5-0) AYE AYE AYE AYE AYE
2. Authorize the Replacement of the Fire Department Roof and Authorize the City Administrator to Execute an Agreement with M&M Roofing of Tulare, CA and any Documents Thereto, and Appropriate the Necessary Funds (pp. 88 – 94) Presented by Zachary Boudreaux, Public Works Director
Public Works Director provided a report for the City Council and members of the public.
Mayor opened the item up for public comment. No public comment was received.
Authorization of the Replacement of the Fire Department Roof and Authorizing the City Administrator to Execute an Agreement with M&M Roofing of Tulare, CA and any Documents Thereto, and Appropriate the Necessary Funds
1st 2nd Result JONHSON WILSON ALVES RIDDLE LENTZ
ALVES JOHNSON (5-0) AYE AYE AYE AYE AYE
3. Consider Approval of Agreement for Professional Services with A&M Consulting Engineers for Contract City Engineer Services for the City of Exeter, Appointing the City Engineer, and Authorizing Execution of the Agreement (pp. 95 – 153) Presented by Zachary Boudreaux, Public Works Director
Public Works Director provided a report for the City Council and members of the public.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Mayor opened the item up for public comment. No public comment was received.
Approval of Agreement for Professional Services with A&M Consulting Engineers for Contract City Engineer Services for the City of Exeter, Appointing the City Engineer, and Authorizing Execution of the Agreement
1st 2nd Result JONHSON WILSON ALVES RIDDLE LENTZ
JOHNSON RIDDLE (5-0) AYE AYE AYE AYE AYE
J. CITY COUNCIL ITEMS OF INTEREST
Council Member Alves announced that rain is expected early next week. He shared that sandbags and sand are available for the community at Public Works. He also noted that the World Ag Expo began today and will run through Thursday and encouraged the community to attend. He shared that folks from around the world attend the expo.
Mayor Pro Tem Wilson announced that there is an upcoming Water Board meeting. He reported ongoing discussions with the City Administrator and Public Works Director regarding transitioning to in-house landscaping services.
Council Member Riddle reported attending the Water Commission meeting. She also announced the upcoming Chili Cook-Off community event. Council Member Riddle shared her interest in developing a program to provide City pins to EUSD staff and graduating students to share the city’s motto. Additionally, she attended the Downtown Merchants meeting. Water Commission calendars were made available to the public by Council Member Riddle.
Council Member Lentz had no report.
Mayor Johnson reminded the public of the upcoming Annual Chamber of Commerce Awards Dinner.
K. CITY ADMINISTRATOR/DEPARTMENT COMMENTS
City Administrator, Public Works Director, Chief of Police, Finance Director, City Attorney and City Clerk/Human Resources Manager provided comments/reports.
L. REGULAR MEETING ADJOURNMENT
Mayor adjourned the meeting at 7:32 p.m.
_______________________________________________
Francesca Quintana, City Clerk
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Approval of the Payment of Bills for February 6, 2026, and February 9, 2026.
Submitting Department:
Finance
Contact Name:
Eekhong Franco, Finance Director
Staff recommends that the City Council approve the payment of bills in the following amount. • $333,988.63 dated February 6, 2026
• $27.60 dated February 9, 2026
The Finance Department has reviewed and compiled invoices and expenses for city operations for approval by the City Council, which are summarized and attached to this report. This action authorizes the disbursement of funds for routine and approved expenditures necessary to continue city services.
The payment of bills is a recurring action presented to the City Council to ensure transparency and fiscal oversight of city expenditures. The item reflects payments made for various city services, supplies, utilities, and obligations incurred in the normal course of business. All bills have been reviewed by the Finance Department and are within budgeted appropriations. • Total amount: $334,016.23 dated February 6, 2026, and February 9, 2026 • Funding sources: Various city departmental budgets
For action by:
☒City Council
Regular Session:
☒Consent Calendar
☐Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
__J.R___
Agenda Item Number: H.2.
Department Recommendation:
Summary:
Background:
Fiscal Impact:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
• Budget implications: All payments are within the approved Fiscal Year 2025–2026 budget. No additional appropriations are necessary.
The City Council routinely approves payment of bills during regular meetings. This item is part of the standard financial reporting and authorization process. • Payments for Publication Report dated February 6, 2026 • Payments for Publication Report dated February 9, 2026 I move to approve the payment of bills in the amount of $334,016.23 dated February 6, 2026 and February 9, 2026.
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
02/05/2026 14:52:44 Payments for Publication GL050S-V08.23 COVERPAGE GL335R
Report Selection:
Run Group... 020626 Comment... CHECK RUN 02/02/2026
Approval Date for Report........... 02 06 2026
Payments Through Date.............. 02 06 2026
Cutoff Amount to be Used........... 0000000
RUN GROUP... 020626 COMMENT... CHECK RUN 02/02/2026
DATA-JE-ID DATA COMMENT
-------------- ------------------------
D-02062026-591 CHECK RUN 02/06/2026
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L 01 LASERHP4 Y S 6 066 10
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/05/2026 14:52:44 Payments for Publication GL335R-V08.23 PAGE Approved on 2/06/2026 for Payments Through 2/06/2026
Vendor Name Description Amount
ASBURY ENVIRONMENTAL SERVICES USED OIL SERVICE CHARGE 68.00 BLUE SHIELD OF CALIFORNIA 2/1/26-2/28/26 32,773.50
BOUDREAUX/ ZACHARY D3 DISTRUB OP CERT REIMB 90.00
BRIGHTVIEW LANDSCAPE SERVICES FEB 2026 CITY PARK MAINT 12,395.00 C.L.E.A. FEB 2026 LT DISABILITY 128.00
CAL APPAREL INC 2026 YTH BSKTBALL JERSYS 5,562.20
CALIFORNIA BUSINESS MACHINES ADMI 12/1-12/31/25 OVERA 874.48 CALIFORNIA TURF EQUIPMENT HELIX TRIMMER LINE 151.53
CENTRAL VALLEY BUSINESS FORMS ENVELOPES 263.07
CITY OF EXETER 10/3/25-1/18/26 YKHL FIL 1,031.53
CITY OF VISALIA FEB 2026 ANIMAL SERVICES 19,649.73
COUNTY OF TULARE RADIO INSTALL EDP 02 105.00
COZADAMS CLEANING LLC JAN 2026 CLEANING SERVIC 910.00
CRUZ/ ALEX UB REFUND DEPOSIT 33.03
CULLIGAN JAN FD WTR SERVICE 153.75
DEPT OF JUSTICE DEC BLOOD ALCHOL 35.00
DEPT OF TRANSPORTATION OCT-DEC 2025 SIGNALS 827.58
EMPLOYMENT DEVELOPMENT DEPT OCT-DEC 2025 UI BENEFITS 1,137.00 ERMA 2Q26 BILLING PRGM YR 25 991.50
EWING IRRIGATION PRODUCTS INC IRRITROL ELEC VAL-DOBSON 188.64 EXETER IRRIGATION & SUPPLY HIGH CAPACITY AIR VENT 523.87 EXETER PLUMBING CO. 37 HAZARD ASSMNT 2,035.00
EXETER VETERANS PHOTOS-YOUTH BASKETBALL 150.00
FERGUSON US HOLDINGS, INC 1 X 60 K SOFT COP TUBE 18,656.09 FUSION CONNECT, INC 0966-1/18/26-2/17/26 636.99
GOVERNMENT REVENUE SOLUTIONS JAN 2026 APP HOSTING 3,564.77 JACK GRIGGS INC JAN 2026 GAS 10,547.37
LUENGAS AVILA/ OSCAR UB REFUND DEPOSIT 9.59
MAJOR LEAGUE PAINTING RIGID SIGN-SCROTH/BARK P 603.56
MARTINEZ/ DANIEL UB REFUND DEPOSIT 146.03
MID VALLEY DISPOSAL, LLC JAN 2026 MID VALLEY 123,410.21 MOORE TWINING ASSOCIATES, INC TOTAL NITROGEN 10 DAY 2,100.00 PENA'S DISPOSAL INC ADMIN JAN 2026 SHRED 102.70
QUAD KNOPF ENGINEERING 25008 25 GEN ENG SERVICE 6,666.92 SELF-HELP ENTERPRISES NOV 98-CDBG/STBG AT 8.60 3,751.90 SEQUOIA APPAREL, INC CITY COUNCIL POLOS SHIRT 365.54
SERVIAM BY WRIGHT LLP DEC 2025-333 PALM 1,486.52
SIERRA SANITATION, INC 1/26-2/22/26 SCROTH PARK 1,121.51 SOUTHERN CALIFORNIA EDISON 9143-12/10/25-1/9/26 41,524.02 SOUTHERN CALIFORNIA GAS CO. 0891-12/29/25-1/27/26 1,882.41 STANDARD INSURANCE CO. FEB 2026 LIFE INSURANCE 1,986.78 STAPLES, INC. PPR TOWEL ROLL 6CT 339.01
T-MOBILE PD 11/21/25-12/20/25 CEL 2,773.69
THE BANK OF NEW YORK MELLON 1/23/26-1/22/27 TRST FEE 1,375.00 TORRES/ MARIBEL UB REFUND DEPOSIT 95.75
TPG PROPERTIES INC PARKS IRRIGATION REPAIR 18,870.00
TULARE CO CHIEFS ASSOCIATION 2026 ANNUAL MEMBERSHIP 250.00 UNIVAR SOLUTIONS USA INC JAN SOD HYPO 1906 W MYER 4,747.58 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/05/2026 14:52:44 Payments for Publication GL335R-V08.23 PAGE Approved on 2/06/2026 for Payments Through 2/06/2026
Vendor Name Description Amount
VAST NETWORKS FEB 2026 FD INTERNET 2,500.00
WARREN & BAERG MANUFACTURING EMERG REP SCRW PUMP-WWTP 4,397.28 ** Final Totals... 333,988.63
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/05/2026 14:52:44 Payments for Publication GL335R-V08.23 PAGE TOTAL NUMBER OF RECORDS PRINTED 266
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
02/05/2026 14:52:44 Payments for Publication GL060S-V08.23 RECAPPAGE GL335R
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
104 GENERAL FUND 32,446.05
105 WATER FUND 43,944.71
106 SANITATION FUND 123,912.02
107 SEWER FUND 27,280.76
109 GAS TAX FUND 10,221.34
111 CDBG REVOLVING FUND 2,396.10
116 LOW/MODERATE HOUSING FUND 388.05
117 FTHB PROGRAM INCOME FUND 894.40
121 INSURANCE FUND 36,888.78
128 GRANTS 73.35
140 LANDSCAPE AND LIGHTING DISTR 1,037.61
141 MEASURE P 54,505.46
TOTAL ALL FUNDS 333,988.63
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
BANK BANK OF THE SIERRA 333,988.63
TOTAL ALL BANKS 333,988.63
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
02/10/2026 12:06:34 Payments for Publication GL050S-V08.23 COVERPAGE GL335R
Report Selection:
Run Group... 020926 Comment... CHECK RUN 02/09/2026
Approval Date for Report........... 02 09 2026
Payments Through Date.............. 02 09 2026
Cutoff Amount to be Used........... 0000000
RUN GROUP... 020926 COMMENT... CHECK RUN 02/09/2026
DATA-JE-ID DATA COMMENT
-------------- ------------------------
D-02092026-646 CHECK RUN 02/09/2026
Run Instructions:
Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L 01 LASERHP4 Y S 6 066 10
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/10/2026 12:06:34 Payments for Publication GL335R-V08.23 PAGE Approved on 2/09/2026 for Payments Through 2/09/2026
Vendor Name Description Amount
SOUTHERN CALIFORNIA EDISON GOLF ES 12/17/25-1/15/26 27.60 ** Final Totals... 27.60
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
2/10/2026 12:06:34 Payments for Publication GL335R-V08.23 PAGE TOTAL NUMBER OF RECORDS PRINTED 34
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
AVENU FINANCIAL SYSTEM CITY OF EXETER
02/10/2026 12:06:34 Payments for Publication GL060S-V08.23 RECAPPAGE GL335R
FUND RECAP:
FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
104 GENERAL FUND 13.09
140 LANDSCAPE AND LIGHTING DISTR 14.51
TOTAL ALL FUNDS 27.60
BANK RECAP:
BANK NAME DISBURSEMENTS
---- ----------------------------
BANK BANK OF THE SIERRA 27.60
TOTAL ALL BANKS 27.60
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Approval of Payroll for the Period of January 26, 2026, to February 8, 2026.
Submitting Department:
Finance
Contact Name:
Eekhong Franco, Finance Director
Staff recommend that the City Council approve payroll for the period January 26, 2026, to February 8, 2026, in the following amounts.
• $85,734.00 for January 26, 2026, to February 8, 2026, period with a check date of February 13, 2026.
This item requests City Council approval of payroll expenditures incurred during the pay period of January 26, 2026, to February 8, 2026. Timely approval ensures the city remains compliant with labor obligations and continues uninterrupted compensation to employees.
The City of Exeter processes payroll on a biweekly basis. City Council approval is required for each payroll cycle as part of the city’s fiscal oversight procedures. The current payroll covers all regular full-time, part-time, and temporary employees for the specified pay period. • Total payroll amount: $85,734.00 (for January 26, 2026, to February 8, 2026, payroll period period)
• Funding source: Approved departmental salary budgets
For action by:
☒City Council
Regular Session:
☒Consent Calendar
☐Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
__J.R. __
Agenda Item Number: H.3.
Department Recommendation:
Summary:
Background:
Fiscal Impact:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
• Budget implications: Payroll is within the adopted Fiscal Year 2025-2026 budget; no additional funds are required.
Payroll approval is a standing item brought to the City Council regularly to ensure accountability and continuity of operations.
• Payroll Register for the period January 26, 2026, to February 8, 2026 I move to approve payroll for the period of $85,734.00 for January 26, 2026, to February 8, 2026.
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
PAYROLL........S BI-WEEKLY RUN-02/12/2026 12.18.08 PAGE 1 CHECK FORM..CHEK CHECK REGISTER PR311R-V14.25 Paymate
PERIOD 1 DATING 1/26/2026- 2/08/2026 CHECK DATE 2/13/2026
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
1799 63.69 CA STATE DISBURSEMENT UN 2 1 VENDOR CHECK
1800 128.77 LANDEROS/SAVANNAH KAYLE 782 1
1801 195.09 MCALLISTER/JAYDIN JAMES 783 1
1802 415.57 PATTISON/LESLIE ALDENE 781 1
1803 202.89 SHIPMAN/LEVI J 778 1
1804 721.34 CREECH/JACE W 777 1
TOTALS FOR CHECK FORM: CHEK
NEGOTIABLE CHECKS COUNTS
1,663.66 *EMPLOYEE CHECKS 5
63.69 *VENDOR CHECKS 1
0.00 *BANK CHECKS 0
1,727.35 **TOTAL NEGOTIABLE CHECKS 6
OTHER CHECKS
0.00 *MANUAL CHECKS 0
0.00 *CANCELLED CHECKS 0
1,727.35 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
0.00 *DIRECT DEPOSIT STUBS 0
0.00 *VENDOR DIR DEP STUBS 0
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
PAYROLL........S BI-WEEKLY RUN-02/12/2026 12.18.08 PAGE 2 CHECK FORM..STUB CHECK REGISTER PR311R-V14.25 Paymate
PERIOD 1 DATING 1/26/2026- 2/08/2026 CHECK DATE 2/13/2026
DIRECT DEPOSIT IS TURNED ON
CHECK CHECK EMPLOYEE/BANK/VENDOR CHECK
NUMBER AMOUNT NAME CODE SEQ
54572 156.00 CLOCEA 4 1 VENDOR STUB ONLY
54573 308.00 EXETER POLICE OFFICER AS 3 1 VENDOR STUB ONLY 54574 192.94 EXETER POLICE OFFICER AS 3A 1 VENDOR STUB ONLY 54575 2,245.57 ARIAS/CHRISTINA 730 1 STUB ONLY
54576 2,706.61 QUINTANA FRANCESCA N 742 1 STUB ONLY
54577 4,709.32 RIDENOUR/JASON CHARLES 763 1 STUB ONLY
54578 1,481.25 CARTER/AMY JO 502 1 STUB ONLY
54579 3,656.06 FRANCO/EEKHONG 304 1 STUB ONLY
54580 538.43 HERNANDEZ/XOCHITL 306 1 STUB ONLY
54581 1,811.04 MILLER/CATHEY RENE 734 1 STUB ONLY
54582 1,488.11 RAMOS LEON/YOSENIA 776 1 STUB ONLY
54583 1,746.65 TOBIAS/ANTHONY JORDAN 746 1 STUB ONLY
54584 561.86 VEGA/ASHLEY MAKAYLA 753 1 STUB ONLY
54585 2,374.79 BROWN/ANDREW EUGENE 762 1 STUB ONLY
54586 2,747.80 BRYANT/EZRA JOSEPH 752 1 STUB ONLY
54587 1,710.73 CARRETERO/VANESSA 402 1 STUB ONLY
54588 2,246.16 GREEN GROVE/BRAYDEN TAY 767 1 STUB ONLY
54589 3,366.25 HEINKS/RYAN DAVID 765 1 STUB ONLY
54590 1,662.90 HERNANDEZ/ANDY 780 1 STUB ONLY
54591 1,322.11 HILL/HANNAH GRACE 747 1 STUB ONLY
54592 1,587.90 LINARES/FRANCISCO JR 772 1 STUB ONLY
54593 2,185.84 MAGANA MARTINEZ JOEL 773 1 STUB ONLY
54594 3,449.46 MOORE/ROBERT HARRY 764 1 STUB ONLY
54595 1,833.84 MORALES/SKYLEENA ROSE 779 1 STUB ONLY
54596 2,416.86 PRIDEAUX/TRACI 448 1 STUB ONLY
54597 4,363.36 SCHIMPF/ROBERT BRIAN 766 1 STUB ONLY
54598 3,266.33 SHIELDS/ZION 708 1 STUB ONLY
54599 2,203.40 VILLARREAL/ISIDRO 707 1 STUB ONLY
54600 2,013.70 ALDRIDGE/GARY 618 1 STUB ONLY
54601 3,548.17 BOUDREAUX/ZACHARY MICHA 756 1 STUB ONLY
54602 113.17 GOLDSTROM/NORMAN 629 1 STUB ONLY
54603 1,845.52 HUGGINS/KYLE AARON 621 1 STUB ONLY
54604 2,512.36 MILLAN/MARCUS 622 1 STUB ONLY
54605 1,738.95 RIVERA/RYAN 733 1 STUB ONLY
54606 865.46 WENDT/EDDIE 626 1 STUB ONLY
54607 374.57 ALANIZ/WYATT BLAIN 757 1 STUB ONLY
54608 117.05 ARIAS/KAYLA OLIVIA 774 1 STUB ONLY
54609 316.05 BARSS/TYLER ANN 758 1 STUB ONLY
54610 1,798.84 GARVER/ELIJAH 712 1 STUB ONLY
54611 66.34 RUBIO/IVAN 750 1 STUB ONLY
54612 1,808.88 ARROYO/MARIE 623 1 STUB ONLY
54613 1,528.31 QUIROZ/PATRICK P 512 1 STUB ONLY
54614 1,871.78 RAMIREZ/GABRIEL GRACILI 761 1 STUB ONLY
54615 1,564.02 RAMIREZ/JUAN 608 1 STUB ONLY
54616 721.34 RANGEL/JOSE A 775 1 STUB ONLY
54617 2,862.57 HIFNER/CHRISTOPHER 736 1 STUB ONLY
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
PAYROLL........S BI-WEEKLY RUN-02/12/2026 12.18.08 PAGE 3 CHECK FORM..STUB CHECK REGISTER PR311R-V14.25 Paymate
PERIOD 1 DATING 1/26/2026- 2/08/2026 CHECK DATE 2/13/2026
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
0.00 *VENDOR CHECKS 0
0.00 *BANK CHECKS 0
0.00 **TOTAL NEGOTIABLE CHECKS 0
OTHER CHECKS
0.00 *MANUAL CHECKS 0
0.00 *CANCELLED CHECKS 0
0.00 **TOTAL FOR CHECK FORM
NON-NEGOTIABLE CHECKS
83,349.71 *DIRECT DEPOSIT STUBS 43
656.94 *VENDOR DIR DEP STUBS 3
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
PAYROLL........S BI-WEEKLY RUN-02/12/2026 12.18.08 PAGE 4 RECAP BY FUND CHECKS/STUBS/MANUAL/CANC'D PR311R-V14.25 Paymate PERIOD 1 DATING 1/26/2026- 2/08/2026 CHECK DATE 2/13/2026
EMPLOYER FUND HOME WORKED WORKED
CODE CODE TOTALS TOTALS DIR DEP
1 104 73,935.13 52,593.27 51,650.95
1 105 8,215.67 15,238.00 14,877.32
1 106 .00 1,007.55 1,007.55
1 107 .00 11,240.72 10,880.06
1 121 .00 2,071.26 2,071.26
1 141 2,862.57 2,862.57 2,862.57
NOTE--"HOME TOTALS" CHECK AMOUNT CAN BE RECONCILED TO THE FIGURES OF THE FOLLOWING REPORTS:
#1 CALCULATION TOTALS BY HOME FUND (NET PAY + REIMB. EXP.) #2 PAYROLL REGISTER (CHECK AMOUNT)
NOTE--"WORKED TOTALS" CHECK AMOUNT CAN BE RECONCILED TO THE FIGURES OF THE FOLLOWING REPORTS:
#1 CALCULATION TOTALS BY FUND WORKED (NET PAY + REIMB. EXP.) #2 LABOR DISTRIBUTION (NET PAY + REIMB. EXP.)
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
PAYROLL........S BI-WEEKLY RUN-02/12/2026 12.18.08 PAGE 5 RECAP BY DEPT CHECKS/STUBS/MANUAL/CANC'D PR311R-V14.25 Paymate PERIOD 1 DATING 1/26/2026- 2/08/2026 CHECK DATE 2/13/2026
EMR FUND DEPT HOME FULL PART TEMP FEMALE
CODE CODE CODE TOTALS EMPLOYEE COUNTS
1 104 402 ADMINISTRATION 9,661.50 3 2
1 104 403 FINANCE 11,283.40 5 1 1 6
1 104 421 POLICE 36,737.73 15 4
1 104 431 STREET 12,637.33 5 2
1 104 471 RECREATION 3,615.17 1 8 4
1 105 461 WATER 8,215.67 4 2 1
1 141 421 POLICE 2,862.57 1
TOTAL 85,013.37 34 13 1 17
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
PAYROLL........S BI-WEEKLY RUN-02/12/2026 12.18.08 PAGE 6 RECAP BY DEPT CHECKS/STUBS/MANUAL/CANC'D PR311R-V14.25 Paymate PERIOD 1 DATING 1/26/2026- 2/08/2026 CHECK DATE 2/13/2026
EMPLOYER FUND HOME WORKED WORKED
CODE CODE TOTALS TOTALS DIR DEP
GRAND TOTALS
NEGOTIABLE CHECKS COUNTS
1,663.66 *EMPLOYEE CHECKS 5
63.69 *VENDOR CHECKS 1
0.00 *BANK CHECKS 0
1,727.35 **TOTAL NEGOTIABLE CHECKS 6
OTHER CHECKS
0.00 *MANUAL CHECKS 0
0.00 *CANCELLED CHECKS 0
1,727.35 ***GRAND TOTAL
NON-NEGOTIABLE CHECKS
83,349.71 *DIRECT DEPOSIT STUBS 43
656.94 *VENDOR DIR DEP STUBS 3
84,006.65 **TOTAL NON-NEGOTIABLE CHECKS 46
NEGOTIABLE CHECKS/NON-NEGOTIABLE CHECKS
1,663.66 *EMPLOYEE CHECKS 5
63.69 *VENDOR CHECKS 1
0.00 *BANK CHECKS 0
83,349.71 *DIRECT DEPOSIT STUBS 43
656.94 *VENDOR DIR DEP STUBS 3
85,734.00 ***TOTAL NEGOTIABLE & NON-NEGOT 52
0.00 *OTHER CHECKS 0
85,734.00 ***TOTAL NEG, NON-NEG, OTHER CHECKS
TOTAL SEQ 1 FEMALES 17
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Approval of a Facility Use Request, Street Closure Request and a Special Event Fee Waiver in the Amount of $274.00 for the Exeter Mural Committee’s Annual Garden Party Fundraiser on May 3, 2026.
Submitting Department:
Public Works
Contact Name:
Marie Arroyo, Senior Administrative Assistant
Staff recommends the City Council approve of a facility use request, street closure request and a special event fee waiver in the amount of $274.00 submitted by the Exeter Mural Committee for their annual Garden Party Fundraiser.
The Exeter Mural Committee is requesting approval of a facility use permit for Mixter Park, along with a street closure of E Street to the public parking lot adjacent to 121 South E Street.
The event is scheduled for Sunday May 3, 2026, with the street closure requested between the hours of 12:00 p.m. and 9:00 p.m.
The Garden Party Fundraiser will take place from 5:00 p.m. to 8:00 p.m., with additional time requested event setup and cleanup.
The Exeter murals continue to enhance the downtown area and attract visitors from outside the community, providing a significant benefit to the City. For this reason, the Exeter Mural Committee is requesting a waiver of the associated special event permit fees.
City staff will post street closure notifications at least 72 hours in advance and will provide barricades for the closure.
For action by:
☒City Council
Regular Session:
☒Consent Calendar
☐Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
___J.R.__
Agenda Item Number: H.4.
Department Recommendation:
Summary:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Conditions of Approval:
Approval of the event is subject to the following conditions:
1. Insurance: The event organizer must provide a Certificate of Liability Insurance naming the City of Exeter as an additional insured with the required limits prior to the event.
2. Amplified Sound: Amplified sound is allowed consist with approved permit.
3. Event organizers are responsible for post event clean-up and debris removal.
4. All terms and conditions outlined by the California Department of Alcoholic Beverage Control (ABC) must be followed. A permit from ABC must be approved by Exeter Police Department for a minimum of 60 days prior to event.
Background:
Each Spring, the Exeter Mural Committee hosts an annual fundraiser to support the City’s mural program. Although the event begins in the early evening, the street is typically closed earlier in the day to allow for placement of tables and chairs and for caterers to set up food service areas.
Because the event occurs on a Sunday, many downtown businesses are closed, and those that remain open have historically been supportive of the fundraiser.
The total estimated permit fee associated with the event is $274.00, as outlined below:
• Special Event Permit: $171.00
• Street Closure Permit: $103.00
If approved, the city will forgo this revenue through the requested fee waiver.
The most recent approval of this event by the City Council was on March 25, 2025. • Facility Use Request
• Street Closure Request
• Approved Amplified Sound Permit
• Fee Waiver Request
I move to approve the facility use request, street closure request, and special event fee waiver in the amount of $274.00 submitted by the Exeter Mural Committee for their annual Garden Party Fundraiser.
Fiscal Impact:
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
1/1/2026
Mixter Park Sunday, May 3rd
Annual Mural Fundraiser - Garden Party
Noon 9PM
5PM 8PM
Exeter Mural Committee
119 S. “E” Street
Exeter CA 93221
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Dear City of Exeter,
We would like to sincerely thank you for your continued support of our organization, The Exeter Mural Committee, and your ongoing efforts to enhance and celebrate downtown Exeter.
We are currently planning our annual mural fundraiser garden party. The event builds funds for our continued efforts to continue to bring residents and visitors into our downtown.
These events have consistently shown positive impact, including increased attendance, greater foot traffic, and added visibility for downtown businesses and public spaces. They also help foster community pride and connection—something Exeter does so well.
With that in mind, we respectfully request consideration for fee waivers for the following associated costs for this event:
• Special Event Permit: $171.00
• Street Closure Permit: $103.00
We truly appreciate the City’s partnership and support in helping us create welcoming, community-focused events for Exeter. Please feel free to reach out if you need any additional information or documentation.
Thank you for your time and consideration.
All the best,
Katie Ringel
Exeter Mural Committee Member
(559) 302-0207
[email protected]
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Approval of the Request for Qualifications (RFQ) for On-Call Professional Engineering Services for Federal and State Funded Projects and Authorize Staff to Release the RFQ Pending Final Review and Approval from the State of California.
Submitting Department:
Administration
Contact Name:
Jason Ridenour, City Administrator
Staff recommend that the City Council authorize staff to release the draft Request for Qualifications (RFQ) for On-Call Professional Engineering Services for Federal and State Funded Projects pending technical revisions based on final comments from the State of California to establish a list of on-call professional engineering and design firms.
Staff is requesting City Council approval to release a Request for Qualifications (RFQ) to establish an on-call list of qualified professional engineering firms to assist the City with federaland state-funded infrastructure projects.
The City is currently working on and pursuing multiple improvement projects that require specialized engineering, environmental review, surveying, design, and construction management services. Due to the complexity of federal and state funding requirements and limited in-house staffing capacity, the City must retain qualified consultants through a competitive RFQ process consistent with Caltrans Local Assistance Procedures Manual (LAPM) requirements.
The draft RFQ is currently under review by the State of California, and staff will incorporate any required revisions prior to final issuance. An agenda item will be brought before the City Council for approval of the top-rated firms resulting from the RFQ proposals.
For action by:
☒City Council
Regular Session:
☒Consent Calendar
☐Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
___J.R.___
Agenda Item Number: H.5.
Department Recommendation:
Summary:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
The City of Exeter is awarded and administers several construction and improvement projects each year that are supported by federal and/or state funding sources. These projects may involve coordination with agencies such as Caltrans, the Federal Highway Administration (FHWA), the California Department of Water Resources (DWR), and the State Water Resources Control Board.
To ensure compliance with all applicable funding regulations and audit requirements, the City is preparing to solicit Statements of Qualifications (SOQs) from experienced firms to provide oncall professional engineering services on an as-needed basis through task orders.
The RFQ outlines the general scope of services that may be required, including but not limited to:
• Preliminary engineering and design
• Environmental compliance (CEQA/NEPA support)
• Right-of-way and surveying services
• Construction engineering and inspection
• Project management and grant coordination
• Support during Caltrans and federal audits
City staff have submitted the draft RFQ to the State of California for review to ensure consistency with LAPM procurement standards. If revisions are requested, staff will make the necessary updates prior to issuing the final RFQ.
There is no immediate fiscal impact associated with approval and release of the RFQ. Future costs will depend on the scope and number of task orders issued under any resulting on-call professional services agreement(s). All consultant services will be funded through individual project budgets and applicable federal, state, and local funding sources.
None associated with this action.
• DRAFT RFQ – On-Call Professional Engineering Services for Federal and State Funded Projects (RFQ No. 2026-01) with Exhibits
I move to authorize the release of a Request for Qualifications (RFQ) for On-Call Professional Engineering Services for Federal and State Funded Projects and authorize staff to release the Background:
Fiscal Impact:
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
RFQ pending final review and approval from the State of California, including any revisions required by the State prior to issuance to establish a list of qualified firms.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
City of Exeter
Request for Qualifications (RFQ) for Professional Services Federal/State Funded
RFQ No. 2026-XX
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Table of Contents
SECTION 1. REQUEST FOR QUALIFICATIONS SUMMARY
NOTICE TO PROPOSERS
Request for Qualifications (RFQ) project information summary.
Issue Date [INSERT DATE]
Due Date and Time for
Proposals [INSERT DATE]
Contract Manager
Zachary Boudreaux, Public Works Director
[email protected]
(559)592-3318
Project Name(s) ON-CALL PROFESSIONAL ENGINEERING SERVICES FOR FEDERAL AND
STATE FUNDED PROJECTS
Project Number(s) VARIOUS
Work Description
General civil, transportation engineering, land surveying, preliminary engineering/design, right of way, environmental services, and construction management/engineering.
Inquiries Deadline
All RFQ questions are due no laterthan [INSERT NUMBER] working days prior to the RFQ due date. Written responses to the inquiries shall be issued no later than seven (7) calendar days prior to the RFQ due date.
RFQ Proposal Submittal [SPECIFY - (e.g. Hand Delivered, email, etc.)] Funding Source(s) Federal, State, Local
Disadvantaged Business
Enterprises (DBE)
The City of Exeter has calculated a DBE goal of (15%) for this contract.
The City encourages the participation of DBEs as defined in 49 CFR Part 26, to the fullest extent possible.
Department of Industrial
Relations (DIR)
This project is subject to compliance monitoring and enforcement by the California DIR. Prevailing wages are required on the Proposal to the extent applicable. The State DIR Director determines the general prevailing wage rates which can be obtained at the DIR website at https://www.dir.ca.gov/.
All deadline times are [INSERT TIME]unless otherwise noted. Proposals must be received priorto or on the date due. Proposals received after the due date and time or received at the wrong location are considered nonresponsive and shall be rejected.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
SECTION 2. GENERAL INFORMATION
Purpose of RequestforQualifications(RFQ)
The City of Exeter (hereinafter “City”) is soliciting sealed Statements of Qualifications (SOQ) fromqualified and experienced firmsto provideOn-Call Professional Engineering Servicesfor activities associated with Federal and State funded projects, including, but not limited to Federal Highway Administration (FHWA), California Water Boards, California Department of Water Resources (DWR). Additional details and requirements are provided in Section 3 “Scope of Work” of this RFQ.
The City, is awarded several construction and improvement projects every year that are state and/or federal funded. In order to comply with local, state and federal regulations and due to limited staffing and expertise, certain services are to be contracted out to one or more selected consultants. The selected consultant(s) will be responsible for providing the City professional services on an as-needed basis (on-call). The Consultant shall only perform work that is assigned or requested in an authorized Task Order. This Contract does not guarantee that a Task Order will be issued.
The Consultant shall provide services to the City including, but not limited to; CEQA/NEPA coordination or compliance documentation, program/project management, feasibility studies, preliminary engineering, design, engineering, surveying (right of way engineering), mapping, landscape architecture, or architectural related services, construction management/engineering, as well as incidental services connected to and for the purpose of development and implementation of Federal-aid, and State funded projects. Successful firm willrepresent the City at allstate, local or federal project audits.
The firm(s) selected must demonstrate experience of federally funded projects administered through Caltrans Local Assistance District 9 and the Local Assistance Procedures Manual.
The City project(s) will require coordination with DWR, Caltrans, FHWA, and/or other state, local and federal agencies.
The firm(s) selected must demonstrate experience in providing professional services, and must be exceptionally capable of producing the desired services in a highly professional and cost- conscious manner.
For the purpose of this RFQ, the term "Consultant" and "Firm" and “Proposer” are interchangeable and refer to the qualified firm hired to provide the services.
For the purpose of this RFQ/Agreement, the following definition shall apply:
OWNER is the City of Exeter.
PROPOSER is a firm which submits a proposal in response to this RFQ.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
CONSULTANT is a firm hired by the City to provide the services described in this RFQ.
LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Taft that are charged with the review and approval of the project within the city limits.
STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the project design and/or construction.
FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and/or construction.
1. Tentative Timeline and Schedule of Events
RFQ Release Date [INSERT DATE]
Submission of Questions & Requestsfor Clarification Due [INSERT DATE] SOQ Submission Deadline [INSERT DATE]
Review and Evaluation of SOQ [INSERT DATE]
Interviews with finalist firms (if held)/ Cost Negotiation [INSERT DATE] Recommended firm presented to Caltransfor approval [INSERT DATE] Recommended firm presented to City Council for approval [INSERT DATE] The City reserves the right to modify this timeline at any time. Any changes will be issued via Addendum to this RFQ.
A. Disadvantaged Business Enterprise (DBE) Participation The City of Exeter has established a DBE Goal of 15% for this Contract.
Refer to Attachment 1 Exhibit 10-I Notice to Proposers DBE Information.
B. Contract Period
This Scope of Services will include on-call engineering services to the City for projects with Federal- aid, and/or State funds for a period not to exceed five (5) years.
C. Method of Payment
1. Consultant shall be paid based on Specific Rates of Compensation.
2. Specific projects will be assigned to Consultant through issuance of Task Orders.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
3. After a project to be performed under this contract is identified by the City; The City will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate the City’s Project Coordinator. The draft Task Order will be delivered to Consultant for review.
Consultant shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both the City and Consultant.
4. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other ratesset forth in Consultant’s approved Cost Proposal.
5. The City anticipates to enter into up to [INSERT NUMBER] task order contracts for performance of the Scope of Servicesidentified in Section 3 ofthis RFQ. The total amount payable by the City for all Task Order Contracts must not exceed a cumulative maximum total value of _________________________ Dollars ($___,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this contract through Task Orders. Each time a Task Order is awarded under any of the Task Order Contracts, the City may send written notification to Consultant. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Consultant acknowledges and agrees that City will not pay any amount under this Agreement that would exceed the NTE Sum, and Consultant must not enter into a Task Order that exceeds the NTE Sum.
6. Any extensions, changes, amendments or contract price revisions are subject to City Council approval. DIR requirements are to be met by the consultant. A copy of the Consultant Agreement is included.
2. Questions and Request for Clarification
Any questions or requestsfor clarification about this RFQ must be submitted in writing to Zachary Boudreaux, Public Works Director, at [email protected] .
For the benefit of all proposers, no questions can be accepted after [INSERT TIME] on [INSERT DATE]. A summary of any questions received and their responses will be sent to all consultants/agencies who have requested an RFQ. No oral question or inquiry about this RFQ shall be accepted.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
SECTION 3. SCOPE OF WORK/SERVICES
This solicitation is not for specific projects, but for specific services. All work performed under this contract will require approval by the City’s Contractor Administrator and issued through a Task Order. A task order shall be requested from the Consultant to identify and refine the scope of services prior to issuing the task orders. The task order shall detail the tasks required for particular projects, schedule, and projected costs. The costs will be based on the specified rates of compensation in the contract. The Contract Administrator shall confer with the consultant to establish the maximum fee, including expenses, for the specific project and to establish the completion date.
A. Sample Scope of Work/Services
Projects and services are unique, and the exact scope of work will vary between services and projects. However, typical professional services for projects might include but not be limited to the following general scope:
1. Project Management
a. The City Administrator will serve as the contract manager and direct liaison between the Consultant and Caltrans District 9 Division of Local Assistance. The consultant shall be responsible for project management activities throughout the life of the contract and the scope of activities includes but is not limited to, coordinating and being responsible for scheduling meetings, managing the project schedule, preparing and distributing minutes, field reviews, tracking action items for the City and consultant sub-contractors, and preparing all submissions for the City to submit to Caltrans Local Assistance and/or other agencies. b. Due to the fact that many of the City’s current and future projects are funded by Federal and State grants, the selected consulting firm must have excellent knowledge of the requirements of Caltrans’ Local Assistance Procedures Manual requirements.
c. Preliminary Engineering Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Preliminary Engineering package using procedures outlined in the Caltrans Local Assistance Procedures Manual.
d. Prepare and submit progress invoicesto Caltransfor reimbursement.
2. Environmental Compliance
a. Coordinate with Caltrans Dist. 6 and schedule a field review of the site, as needed.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
b. Perform the site review, survey and study. Prepare and supply all reporting, presentations, documents, and mitigation requirements, etc. necessary to meet current NEPA environmental compliance requirements. Note: Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion. City staff will prepare the CEQA document. c. Coordinate with Caltrans Dist. 9 to determine if special studies will be required, i.e. cultural, archeological etc.
d. Prepare, submit, correct, edit and add information for the Exhibit 6-A Preliminary Environmental Study (PES) document and Area of Potential Effects (APE) map, as necessary. Contracting City is not obligated to proceed with final design for any alternative, all reasonable alternatives will be evaluated and given appropriate consideration, and the firm may not proceed with final design until the relevant CEQA/NEPA decision documents have been issued (e.g., CE, FONSI, or ROD).
3. Preliminary Engineering
a. Scope includes: Civil Engineering / Architectural / Field Survey / Soils & Materials Testing
b. Coordinate with City Manager, Public Works Director, City Project Coordinator and/or Street Superintendent for initial concept and direction.
c. Surveys and Mapping – review aerial photos, mapping and perform preliminary surveying necessary for preliminary engineering, design, cost estimates, and the level of environmental clearance. The scope of comprehensive base mapping and surveying includes but is not limited to Control Surveys, Aerial Photogrammetry, Limited Design Level Topographic Surveys, Right-of-Way Retracement, and a Record of Survey.
d. Prepare a right-of-way certification per Caltrans LAPM Exhibit 13-A or 13-B, as applicable.
e. Preliminary Engineering Studies – Develop general project locations and design concepts and related activities needed to establish the parameters for final design such as Geometrics, Hydraulics, Geotechnical, Bridge, Landscape Architecture, Traffic Operations, Electrical, ITS Elements, etc.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
f. Develop concept and design drawings for submission to regulatory or funding bodies for approvals including, but not limited to: FHWA, and their corresponding California State agencies.
g. Submit preliminary design and preliminary construction cost estimate to the City for review and comment.
h. Prepare exhibits, renderings, drawings and prepare presentations to City Staff and/or City Council.
i. Utility Coordination – Submit improvement plans to utility companies in accordance with their requirements. Coordinate utility relocations, if any, including relocation of utility poles, as needed.
j. Provide geotechnical evaluations and recommendations services with field investigation borings, field samples, lab testing, as needed, for pavement design section, driveways, curb & gutter, cross gutters, footings, slabs, etc.
k. Provide civil engineering and/or architectural design for complete roadway geometric design, demolition, asphalt and base improvements, drainage, grading, curb, gutter, sidewalks, cross gutters, ADA access ramps, street signage, street striping/markings, electrical improvements, landscaping, irrigation, waste water, sewer improvements, water improvements, site improvements, structure/bridge design, building design, etc.
l. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project.
m. Coordination with Adjacent Properties – Coordinate with adjacent property to establish driveway locations and other modifications required in front of their property such as fence relocations, mailbox relocation, or tree removal.
n. Assist City in applying for and obtaining utility services and/or relocation of existing utilities necessary for project(s) to be constructed and functional.
o. Prepare construction plans, specifications and bidding documents for construction.(utilizing the Caltrans Standards and/or AASHTO Geometric Design guidelines, current edition). The Construction Plans, Specifications, Special Provisions and Bid Documents shall be adequate February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
for obtaining construction bids in accordance with all applicable regulations and requirements of the pertinent Local/Federal/State funding entities.
p. Prepare a final detailed Construction Cost Estimate for the project based on the final design report. The Preliminary Construction Cost Estimate shall be an itemized estimate, including all of the components necessary for the complete construction of the project.
q. The CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT. r. Provide an electronic copy of the final approved plans and specifications.
The electronic copy of the plans shall be provided as both AutoCAD files and PDF files, and the electronic copy of the specifications shall be provided in both Microsoft Word format and PDF format.
s. Construction Phase Authorization - Consultant shall prepare the Request for Authorization to Proceed with Construction package to advance project to construction using procedures outlined in the Caltrans Local Assistance Procedures Manual.
4. Bid Process
a. Assist the City in all aspects of the bidding process with construction and engineering firms, including but not limited:
1) Distribute plans and specifications to Contractors and Plan Rooms 2) Keep Plan holders list
3) Prepare addendums
4) Perform design revisions, additions, answersto questions, RFI’s, etc. 5) Attend and conduct pre-bid and site walk meetings
6) Review three lowest bids and their good faith DBE efforts 7) Prepare bid summary
8) Verify low bidder’s qualifications
9) Make recommendationsfor awarding the construction contract
5. Construction Engineering/Management/Inspection/ Soils and Materials Testing:
a. Provide Construction Engineering/Management and/or inspection services. b. Review and approve contract’sshop drawings,schedules, insurance, submittals andmake recommendation for Notice toProceed. c. Coordinatewith utility companiesfor connections,service,relocations, etc. d. Perform construction surveys/staking asneeded.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
e. Perform contract administration paperwork, including, but not limited to, review contractor’s payment requests and make recommendation for payment, conflict resolution, check certified payroll, releases,bonds,finalpayrequests certificate of completion, etc.
f. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documentsfor approval.
g. Perform inspection services, RE’s daily reports, materials, subcontractors, equipment, manpower, weather, activities, etc.
h. Responsible for ensuring that all work is built to standards defined by the contract documents.
i. Perform materials and soils testing per City’s Quality Assurance Program.
Materialstesting services includes:
• Engage third-party testing and inspection firm.
• Samplingand testingofsoils, asphalt concrete, concrete,steel, andother construction materials.
• Evaluation of results and furnishing of testing reports. • Additionaltestingas applicableto ensureproject expectationsaremet. (i.e.,qualityassurance testing).
j. Prepare and maintain as-built drawings and construction documentation for review by any auditing City.
k. Preparethefinalpunchlist and oversee punchlistitemresolution. l. Project CloseOut.
m. RepresenttheCityat all local,stateorfederalproject audits.
B. Deliverables
As agreed upon by the City and consultant in a Task Order for each project.
C. Schedule
As agreed upon by the City and consultant in a Task Order for each project.
SECTION 4. STATEMENT OF QUALIFICATIONS
A. Submission Requirements
These guidelines are provided for standardizing the preparation and submission of February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
the SOQ’s by all consultants. The intent of these guidelines is to assist consultants in preparation of their proposals, to simplify the review process, and to help assure consistency in format and content. Proposals should be prepared in a concise and economic manner. Proposals shall be prepared on 8 ½” x 11” paper in at least 11- point font. Use of 11” x 17” foldout sheets for large tables, charts, or diagrams is permissible but should be limited.
SOQ’s shall contain the following information in the order listed:
1. Introductory Letter
The introductory (or transmittal) letter shall be addressed to:
City of Exeter
[INSERT CONTACT AND TITLE]
[INSERT ADDRESS]
Exeter, CA 93221
The letter shall be on Consultant letterhead and include the Consultant’s contact name, mailing address, telephone number, facsimile number, and email address.
The letter shall address the Consultant’s understanding of the services being requested and any other pertinent information the Consultant believes should be included. All addendums received must be acknowledged in the transmittal letter.
The letter shall be wet-signed in blue ink by the individual authorized to bind the Consultant to the proposal.
2. Organization andApproach
The consultant's staff working on this project shall be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the scope of work and satisfy all the requirements as described in this RFQ and shall include the following information:
1. Background of your firm.
2. Name of project manager who is a Registered Civil Engineer in the State of California.
3. Identification ofsub-consultant(s) and respective project manager(s) assigned to the project.
4. An organization chart depicting the relationships between the prime consulting firm’s team members and the sub-consultants. The organization chart shall include every person whose resume is submitted.
5. Describe your project and management approach. Provide a detailed February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
description of how the team and scope of work will be managed.
6. Describe the roles of key individuals on the team. Provide resumes for all key team members. Resumes shall show relevant experience, for the Scope of Work, as well as the length of employment with the proposing Consultant.
Key members, especially the Project Manager, shall have significant demonstrated experience with this type of scope of work.
3. Consultant Information, Qualifications & Experience
The City will only consider submittals from Consultants that demonstrate they have successfully completed comparable projects. These projects must illustrate the quality, type, and past performance of the project team. Submittals shall include a detailed description of a minimum of three (3) projects within the pastfive (5) years which include the following information:
1. Contracting City
2. Contracting City Project Manager
3. Contracting City contact information
4. Contract amount
5. Funding source
6. Date of contract
7. Date of completion
8. Consultant Project Manager and contact information
9. Project Objective
10. Project Description
11. Project Outcome
4. Scope ofWork
1. Include a detailed Scope of Work Statement describing allservicesto be provided.
2. Describe project deliverablesfor each phase of your work.
3. Describe your cost control and budgeting methodology for this project.
5. Certificates ofInsurance
A statement of proposer's current insurance coverage signed by a company official. Do not submit a certificate of insurance in lieu of this statement. The City requires a minimum of Two Million Dollars ($2,000,000) per claim and in the aggregate Professional Liability Insurance; Two Million dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) general aggregate (per project or location), and Two Million Dollars ($2,000,000) products and completed operations aggregate General Liability Insurance; One Million Dollars ($1,000,000) each accident Automobile Liability Insurance; and Workers' Compensation Insurance and One Million Dollars ($1,000,000) each accident or disease Employer’s Liability Insurance. Additional insured, Primary and Non-Contributory, and Waiver of Subrogation endorsements will be required for specific associated coverages. If the current coverage does not meet the City's minimum requirements, a statement of proposer's ability and intent to obtain the required coverage must be included.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
6. Conflict of Interest Statement
Include a statement describing any potential or known conflict of interest regarding this proposal and/or the City of Exeter, or affirm that you do not have a conflict of interest.
Throughoutthe term of the awarded contract, any person, firm orsubsidiary thereof who may provide, has provided or is currently providing Design Engineering Services and/or Construction Engineering Services under a contractual relationship with a construction contractor(s) on any local project listed in this Scope of Work must disclose the contractual relationship, the dates and the nature of the services. The prime consultant and its subconsultants shall also disclose any financial or business relationship with the construction contractor(s)who areworking on the projectsthat are assigned for material Quality Assurance services through task orders on the contract.
Similar to the disclosures regarding contractors, all firms are also required to disclose throughout the term of the awarded contract, any Design Engineering services including claim services, Lead Project Management services and Construction Engineering Services provided to all other clients on any local project listed in this Scope of Work.
In addition to the disclosures, the Consultant shall also provide possible mitigation efforts, if any, to eliminate or avoid any actual or perceived conflicts of interest.
The Consultant shall ensure that there is no conflict before providing services to any construction contractor on any of the City’s projects’ listed in this Scope of Work.
The submitted documentation will be used for determining potential conflicts of interest.
If a Consultant discovers a conflict during the execution of an assigned task order,the Consultant must immediately notify the Contract Manager regarding the conflicts of interest. The Contract Manager may terminate the Task Order involving the conflict of interest and may obtain the conflicted servicesin any way allowed by law. Failure by the Consultant to notify the Contract Manager may be grounds for termination of the contract.
7. Litigation
Indicate if the proposing Consultant was involved with any litigation in connection with prior projects. If yes, briefly describe the nature of the litigation and the result.
8. Contract Agreement
Indicate if the proposing Consultant has any issues or needed changes to the proposed contract agreement included as Attachment 2.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
The Consultant shall provide a brief statement affirming that the proposal terms shall remain in effect for ninety (90) days following the date proposal submittals are due.
A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 31 and 2 CFR Part 200.
9. Federal-Aid Provisions
The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. Special attention is directed to Attachment 1 – Local Assistance Procedures Manual Exhibit (LAPM) 10-I, Notice to Proposers DBE Information. The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are provided for the proposer in Attachment 1. • Local City Proposer DBE Commitment (Consultant Contracts); (LAPM10-O1).
The City has established a DBE Goal of 15% for this Contract. • DBE Information - Good Faith Effort (LAPM 15-H) – Required only if DBE goal is not achieved. Itis recommended that proposer prepare and submit a GFE irrespective of meeting the DBE goal.
• Disclosure of Lobbying Activities (LAPM 10-Q).
This solicitation is financed in whole or in part and therefore subject to Title 49, Code of Federal Regulations, Part 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. To ensure equal participation for Disadvantaged Business Enterprise (DBE) groups specified in 49 CFR 26.5, a DBE participation is required. Only participation by certified DBEs will count toward the contract goal for this solicitation. In order to count toward a contract goal, a firm must be certified by the California Unified Certification Program (CUCP) and possess the work codes applicable to the type of work the firm will perform on the Agreement by the SOQ submittal due date. For a list of work codes, go to https://caltrans.dbesystem.com/.
It is the proposer’s responsibility to verify that the DBE firm is certified as a DBE by the specified SOQ submittal due date and time. For a list of DBEs certified by the CUCP, go to: https://caltrans.dbesystem.com/.
Reference “Statement of Qualifications Submittal Requirements” for detailed information and references to the required forms. Required forms will be made part of the agreement. Failure to meet the DBE goal or Good Faith Effort requirements and provide required DBE participation at due date and time of SOQ submittal may result in the SOQ submittal being rejected as non-responsive.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Federal and/or State prevailing wage rates may apply. This requirement, if applicable, will be specified in the draft Agreement. All contractors and subcontractors who bid or work on public works projects must register with the Department of Industrial Relations (DIR).
Upon award and through completion of the project, the successful proposing Consultant will be requiredto follow applicable federal-aid requirements and shall complete and submit with the agreement the following forms at the time of award:
• Local City ProposerDBE Information (Consultant Contracts) (LAPM10-O2) • Any other relevant formsrequired during the project.
Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual.
Exhibits can be found in the LAPM manual at https://dot.ca.gov/programs/localassistance/forms/local-assistance-procedures-manual-forms.
B. Submission Instructions
Proposersresponding to this RFQ must include in their submittal package the following items:
• Five (5) hard copies of the firm's SOQ.
• One (1) electronic copy in PDF format of the original document, except the cost proposal, on a USB Flash Drive containing one (1) PDF file of the full response that is clearly labeled with the firm’s name.
• Signed copy of PROPOSER's ACKNOWLEDGEMENT of the draft contract agreement (refer to Section 8 of this RFQ and Attachment 2).
The above submittal items must be placed into a sealed envelope bearing proposer's name and the words:
RFQ – On-Call Professional Engineering Services for Federal and State Funded Projects, City of Exeter.
The submittal package must be delivered to:
City of Exeter
Attn: Zachary Boudreaux, Public Works Director
[INSERT ADDRESS]
Exeter, CA 93221
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
The above submittals can be mailed or hand delivered but regardless of the postmark date, must be received by the City by [INSERT TIME AND DATE].
Electronic transmissions either by fax or email will NOT be accepted.
The City assumes no responsibility for non-receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the proposer's responsibility to meet the deadline stated above.
Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non-responsive and rejected without evaluation.
Submittals received after the deadline or at the wrong location will be considered non-responsive. Fax or email copies will not be accepted. Allsubmittals become the property of the City of Taft and will not be returned.
SECTION 5. QUALIFICATIONS EVALUATION PROCESS AND CRITERIA A. Evaluation Process
All submittals will be evaluated by the City of Exeter Selection Committee. The Committee may be composed of City’sstaff and other partiesthat may have expertise or experience in the services described herein. The Committee will review the submittals and will rank the proposers. The evaluation of the proposals shall be within the sole judgment and discretion of the Committee. All contacts during the evaluation phase shall be through the City Manager only. Proposers shall neither contact nor lobby evaluators during the evaluation process. Attempts by proposer to contact members of the Committee may jeopardize the integrity of the evaluation and selection process and risk possible disqualification of proposer.
The Committee will evaluate each submittal meeting the qualification requirements set forth in this RFQ. Proposers should bear in mind that any submittal that is unrealistic in terms of the technical or schedule commitments may be deemed reflective of an inherent lack of technical competence or indicative of a failure to comprehend the complexity and risk of the City’s requirements as set forth in this RFQ.
The selection process may include oral interviews. The consultant will be notified of the time and place of oral interviews and if any additional information that may be required to be submitted.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Upon completion ofthe evaluation and selection process, only the cost proposalfrom themost qualified consultant will be opened to begin cost negotiations. If agreement cannot be reached,then negotiation proceeds to the next most qualified consultant.
All unopened cost proposals will be returned at the conclusion of the procurement process. Upon acceptance of a cost proposal and successful contract negotiations, staff will recommend a contract be awarded.
B. Evaluation Criteria
The City will evaluate the submissionsreceived based on criteria including the following:
No. Criteria Weight
1 Understanding of the work to be done 25
2 Design Engineering experience ofstate/federal
funded projects
20 3 Construction Engineering/Management experience of
state/federal funded projects 20
4 Qualifications of individual within the Consultant's
organization directly responsible for the work
15 5 Familiarity with local,state and federal
procedures/requirements
15 6 DBE Participation 5
SECTION 6. PROTEST PROCESS
If a proposer desires to protest the selection decision, the proposer must submit by emailing a written protest within five (5) business days after the delivery of the decision notice. The written protest should be submitted to the City’s Public Works Director as outlined below. Protests received after the deadline will not be accepted. Protests must be in writing, must include the name and address of the proposer and must state the specific reason(s) for the protest. A protest that merely addresses a single aspect of the selected proposal (for example, comparing the cost of the selected proposal in relation to the non--- selected proposal) is not sufficient to support a protest. A successful protest will include sufficient evidence and analysis to support a conclusion that the selected proposal, taken as a whole, is an inferior proposal. Protest procedures and dispute resolution processes should be in accordance with 2 CFR 200.318(k) and 23 CFR 172.5(c)(18).
The City’s Public Works Director will respond to a protest within ten (10) business days of receipt, and City representatives may, at its election, set up a meeting with the proposer to February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
discuss the concerns raised by the protest. The decision of the City representatives will be final. The protest letter may be Emailed to:
Zachary Boudreaux, Public Works Director
[email protected]
SECTION 7. CONFIDENTIALITY OF RESPONSES
While the City cannot guarantee the confidentiality of information submitted by the City, it will make reasonable efforts to protect the information to the extent possible, as permitted by law. If sensitive information, such as personal financial statements, is necessary for support of capacity of Proposer, contact the City for further direction.
SECTION 8. CONTRACT DOCUMENTS
A sample copy of the City's CONSULTANT CONTRACT is included with this RFQ as Attachment 2. Please review the agreement carefully. This is the contract the CONSULTANT will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that RFQs are due. If approved, the City will then issue the changes to all prospective PROPOSERs prior to the due date.
As part of its submittal package, an officer of the firm must sign and return a copy of the sample agreement. The signature indicates that the firm accepts the clauses of the contract, as stated in the enclosed sample copy ofthe City's agreement and anymodificationsthereto issued by the City during this solicitation of SOQs.
An "Acknowledgment Line" which reads as the following will be found below the signature line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement.
"PROPOSER's ACKNOWLEDGEMENT: "I have received and reviewed the sample CONSULTANT CONTRACT. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ.
The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's SOQ. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and the retaining of a different consultant by the City.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance and endorsements) as specified in the agreement.
Selected Consultant shall comply with Chapter 10.4 of the Local Assistance Procedures Manual regarding the A&E Oversight Program and Process Review.
A contract will not be awarded to a consultant without an adequate financial management and accounting system as required by 24 CFR Part 85.20 “Standards for Financial Management Systems” and which is in conformance with OMB Circular A-87, “Cost Principles for State and Local Governments.”
SECTION 9. MISCELLANEOUS INFORMATION
A. Issuance of this RFQ does not constitute a commitment by the City to award a contract, to pay any costsincurred in the preparation of a proposal for thisrequest, or to procure or contract for services.
B. The City reserves the right to reject any or all proposals received in response to this RFQ, or to cancel this RFQ if it is in the best interest of the City to do so.
C. The City will select only one Professional firm to carry out the work described in this RFQ.
D. The firm submitting a proposal agrees that by submitting a proposal it authorizes the City to verify any or all information and/or references given in the proposal.
E. The City reserves the right to approve all subcontractors proposed by the primary contractor.
F. The prospective Consultant is advised that should this RFQ result in recommendation for award of a contract, the contract will not be in force until it is approved and fully executed by the City of Exeter.
G. The City reserves the right, after contract award, to amend the resulting contract as needed throughout the term of the contract to best meet the needs of all parties.
H. No appeals will be heard for late proposals.
I. Proposers will be required to provide proof of professional liability insurance (errors and omissions) policy to meet City requirements.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
J. All information, materials, and documents discovered or developed/produced for this project by Proposer will become the property of the City.
K. Proposer must be licensed to practice engineering in the State of California, and must not be listed on Federal debarment lists.
L. Proposers will be responsible for adherence to the City’s Economic Opportunities Plan and Davis Bacon Act wage rates if applicable.
M. The City is dedicated to the principles of equal employment opportunity in any term, condition or privilege of employment or contracting. We do not discriminate on the basis of age, race, sex, color, religion, national origin, disability, veteran status, sexual orientation, gender identity, or any other status protected by state or local law. This policy applies to all employees and non-employees such as customers, clients, vendors, contractors, subcontractors and consultants.
N. Title VI of the Civil Rights Act of 1964 – disadvantage business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.
SECTION 10. ATTACHMENTS TO THIS RFQ.
The following documents are attachments to this RFQ:
Attachment 1:
Exhibit 10-I – Notice to Proposers DBE Information (federally funded projects only) The Local Public Agency (LPA) has established a DBE goal for this Contract of 15% Exhibit 10-O1 – Consultant Proposal DBE Commitment
Exhibit 10-Q – Disclosure of Lobbying Activities
Exhibit 15-H – Proposer/Contractor Good Faith Efforts
Attachment 2:
Sample Consultant Contract Agreement
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Attachment 1
Exhibit 10-I – Notice to Proposers DBE Information
Exhibit 10-O1 – Consultant Proposal DBE Commitment
Exhibit 10-Q – Disclosure of Lobbying Activities
Exhibit 15-H – Proposer/Contractor Good Faith Efforts
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Attachment 2
Sample Consultant Agreement
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-I
Notice to Proposers DBE Information
January 2025
Exhibit 10-I: Notice to Proposers DBE Information
(federally funded projects only)
The Local Public Agency (LPA) has established a DBE goal for this Contract of ____________%
1. TERMS AS USED IN THIS DOCUMENT
The term “Disadvantaged Business Enterprise” or “DBE” means a for-profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5.
The term “Agreement” also means “Contract.”
LPA also means the local entity entering into this contract with the Contractor or Consultant.
The term “Small Business” or “SB” is as defined in 49 CFR 26.65.
2. AUTHORITY AND RESPONSIBILITY
A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (see 49 CFR 26: Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs).
The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts.
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
3. SUBMISSION OF DBE INFORMATION
If there is a DBE goal on the contract, Exhibit 10-O1: Consultant Proposal DBE Commitment must be included in the Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must document adequate good faith efforts. All DBE participation will be counted towards meeting the contract goal; therefore, all DBE participation must be collected and reported.
Exhibit 10-O2: Consultant Contract DBE Information must be included in best qualified consultant’s executed consultant contract. Even if no DBE participation will be reported, the successful proposer must execute and return the form.
4. DBE PARTICIPATION GENERAL INFORMATION
It is the proposer’s responsibility to be fully informed regarding the requirements of 49 CFR 26, and the Department’s DBE program developed pursuant to the regulations. Particular attention is directed to the following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP).
B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company.
C. A DBE proposer not proposing as a joint venture with a non-DBE, will be required to document one or a combination of the following:
1. The proposer is a DBE and will meet the goal by performing work with its own forces.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-I
Notice to Proposers DBE Information
January 2025
2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or trucking companies.
3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal.
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest.
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work.
F. The proposer must list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid/cost proposal list of subconsultants.
G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non-DBE subconsultants.
5. COUNTING DBE PARTICIPATION
Materials or supplies purchased from DBEs count towards the DBE goal under the following conditions:
A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm must be an established, regular business that engages, as its principal business and under its own name, in the purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section.
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers’ own distribution equipment must be, by a long-term lease agreement and not an ad hoc or Agreement-by-Agreement basis. Packagers, brokers, manufacturers’ representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services
6. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please email [email protected] for assistance.
B. Access the CUCP database from the Department of Transportation, Office of Civil Rights website. For guidance on how to search for certified firms using the CUCP database, please visit: DBE Goal Setting | Caltrans
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________ f. loan insurance date of last report __________ 4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:
Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known
6. Federal Department/Agency: 7. Federal Program Name/Description:
CFDA Number, if applicable ____________________
8. Federal Action Number, if known: 9. Award Amount, if known:
10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)
12. Amount of Payment (check all that apply) 14. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee
13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________
15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)
16. Continuation Sheet(s) attached: Yes No
17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature: ________________________________________ Print Name: _______________________________________ Title: ____________________________________________ Telephone No.: ____________________ Date:___________ Authorized for Local Reproduction Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Public reporting burden for this collection of information is estimated to average 30-minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SFLLL-Instructions Rev. 06-04
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The established a Disadvantaged Business Enterprise (DBE) goal of for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.
Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G:
Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.
The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:
A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):
Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):
Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates
May 2020
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.
Items of Proposer or Bidder Breakdown of Amount Percentage Work Normally Performs Item Items ($) Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:
Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:
May 2020
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:
G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):
Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:
May 2020
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-Aid Projects)
NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE,
EXCEPT ARTICLE XXXII TITLE VI ASSURANCES (APPENDICES A AND E MUST BE PHYSICALLY INCLUDED,
UNMODIFIED, IN ANY FEDERAL-AID CONTRACT AND APPENDICES B-D MUST BE PHYSCIALLY INCLUDED, UNMODIFIED, IN ANY FEDERAL-AID CONTRACT INVOLVING RIGHT OF WAY ACQUISITION). MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.
THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.
THIS EXHIBIT CONTAINS FISCAL REQUIREMENTS FROM 2 CFR 200 AND IS TO BE USED FOR STATE-ONLY FUNDED CONTRACTS AS WELL.
[Note: italic text within brackets throughout the Articles is intended for instructional purposes only]
TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION................................................................................................................. 3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS.................................................................... 4 ARTICLE III STATEMENT OF WORK .................................................................................................. 4 ARTICLE IV PERFORMANCE PERIOD................................................................................................ 6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS.......................................................................... 6 ARTICLE VI TERMINATION ............................................................................................................... 10 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS.................................. 11 ARTICLE VIII RETENTION OF RECORD/AUDITS............................................................................. 11 ARTICLE IX AUDIT REVIEW PROCEDURES .................................................................................... 12 ARTICLE X SUBCONTRACTING ....................................................................................................... 13 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ........................... 15 ARTICLE XII STATE PREVAILING WAGE RATES............................................................................ 16 ARTICLE XIII CONFLICT OF INTEREST............................................................................................ 19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION ...................... 19
ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ................................................................................................................................. 20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE.................. 20 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION................................................. 21 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION................. 22 ARTICLE XIX INSURANCE ................................................................................................................ 28 ARTICLE XX FUNDING REQUIREMENTS......................................................................................... 29 ARTICLE XXI CHANGE IN TERMS .................................................................................................... 29 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
ARTICLE XXII CONTINGENT FEE ..................................................................................................... 29 ARTICLE XXIII DISPUTES.................................................................................................................. 30 ARTICLE XXIV INSPECTION OF WORK ........................................................................................... 30 ARTICLE XXV SAFETY...................................................................................................................... 30 ARTICLE XXVI OWNERSHIP OF DATA............................................................................................. 31 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR............ 31 ARTICLE XXVIII CONFIDENTIALITY OF DATA................................................................................. 32 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION.................................... 32 ARTICLE XXX EVALUATION OF CONSULTANT.............................................................................. 33 ARTICLE XXXI PROMPT PAYMENT.................................................................................................. 33 ARTICLE XXXII TITLE VI ASSURANCES .......................................................................................... 33 ARTICLE XXXIII NOTIFICATION........................................................................................................ 38 ARTICLE XXXIV CONTRACT............................................................................................................. 38 ARTICLE XXXV SIGNATURES .......................................................................................................... 39 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
ARTICLE I INTRODUCTION
A. This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:
The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.
C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.
D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of LOCAL AGENCY.
E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.
F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against LOCAL AGNECY based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from LOCAL AGENCY under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.
H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.
I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A & B below for standard AGREEMENTs] A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
[Option 2 - Use paragraphs A & B below for on-call AGREEMENTs] A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.
B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).
ARTICLE III STATEMENT OF WORK
[Insert Appropriate Statement of work including a Description of the Deliverables in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”] A. CONSULTANT Services
[Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.
Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.
Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).] B. Right of Way
[State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.]
C. Surveys
[State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.]
D. Subsurface Investigations
[State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.] E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.
F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.
G. Checking Shop Drawings
[For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.] H. CONSULTANT Services During Construction
The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.
I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.
ARTICLE IV PERFORMANCE PERIOD
[A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.]
A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.
B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY. [Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.]
C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.
ARTICLE V ALLOWABLE COSTS AND PAYMENTS
[Choose either Option 1, 2, 3, or 4]
[Option 1 - Use paragraphs A through J below for Cost-Plus-Fixed Fee Agreements] A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.
B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.
D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.
E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.
F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.
G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.
H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).
J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable. [Option 2 - For Cost per Unit of Work Agreements, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project].
A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.
B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.
C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment. [Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements (such as oncall Agreements). This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection.]
A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.
B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.
C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.
D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.
E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.
F. [Local Agency to include either (a) or (b) below; delete the other one] (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.
G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.
H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.
I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.
J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.
K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.
M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.
N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
January 2026
O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.
P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
[Option 4 - Use paragraphs A through E below for lump sum agreements.
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.
B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.
C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.
D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).
ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
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B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.
C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by LOCAL AGENCY by virtue of any breach of this AGREEMENT by CONSULTANT, and LOCAL AGENCY may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due LOCAL AGENCY from CONSULTANT is determined.
D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.
ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.
B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR 31 or 2 CFR 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.
D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.
ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.
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ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.
B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.
D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.
1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR (e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines) is received and approved by IOAI.
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Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate.
c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.
2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.
3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.
4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.
ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.
B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.
C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.
D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.
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E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.
F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.
G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. [Choose either Method 1, Method 2, or Method 3 below and delete the other two.] Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.
Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.
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Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and nonDBE subconsultants.
Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.
ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:
1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.
2. Regulation 2 CFR 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.
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ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.
B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.
C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.
D. Payroll Records
1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.
2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
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c. The public shall not be given access to certified payroll records by the CONSULTANT.
The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.
3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.
4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.
5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.
6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.
Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.
E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.
F. Penalty
1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.
2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.
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3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.
4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the CONSULTANT of the project is not liable for the penalties described above unless the CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.
5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.
6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.
G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.
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H. Employment of Apprentices
1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.
2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.
Penalties are specified in Labor Code §1777.7.
ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.
B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.
C. The CONSULTANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.
D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.
ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.
For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
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ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS
FOR LOBBYING
[Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.]
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:
1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.
C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.
ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR §11102.
B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
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C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The CONSULTANT shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.
I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.
ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:
1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
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3. Does not have a proposed debarment pending; and
4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.
C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.
ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. CONSULTANT, subrecipient (LOCAL AGENCY), or subconsultant shall take necessary and reasonable steps to ensure that DBEs have opportunities to participate in the contract (49 CFR 26).
To ensure equal participation of DBEs provided in 49 CFR 26.5, the LOCAL AGENCY shows a contract goal for DBEs. CONSULTANT shall make work available to DBEs and select work parts consistent with available DBE subconsultants and suppliers.
CONSULTANT shall meet the DBE goal shown elsewhere in these special provisions or demonstrate that they made adequate Good Faith Efforts (GFE) to meet this goal. It is CONSULTANT’s responsibility to verify at date of proposal opening that the DBE firm is certified as a DBE by using the California Unified Certification Program (CUCP) database and possesses the most specific available North American Industry Classification System (NAICS) codes and work code applicable to the type of work the firm will perform on the contract. Additionally, the CONSULTANT is responsible to document the verification record by printing out the CUCP data for each DBE firm. A list of DBEs certified by the CUCP can be found at:
https://caltrans.dbesystem.com/.
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal. Credit for materials or supplies CONSULTANT purchases from DBEs counts towards the goal in the following manner:
• 100 percent counts if the materials or supplies are obtained from a DBE manufacturer. • 60 percent counts if the materials or supplies are purchased from a DBE regular dealer. • Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer." This AGREEMENT is subject to 49 CFR 26 entitled “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”. CONSULTANTs who enter into a federally-funded agreement will assist the LOCAL AGENCY in a good faith effort to achieve California's statewide overall DBE goal.
B. The goal for DBE participation for this AGREEMENT is_________%. Participation by DBE CONSULTANT or subconsultants shall be in accordance with information contained in Exhibit 10- O2: Consultant Contract DBE Commitment attached hereto and incorporated as part of the AGREEMENT. If a DBE subconsultant is unable to perform, CONSULTANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.
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C. CONSULTANT can meet the DBE participation goal by either documenting commitments to DBEs to meet the AGREEMENT goal, or by documenting adequate good faith efforts to meet the AGREEMENT goal. An adequate good faith effort means that the CONSULTANT must show that it took all necessary and reasonable steps to achieve a DBE goal that, by their scope, intensity, and appropriateness to the objective, could reasonably be expected to meet the DBE goal. If CONSULTANT has not met the DBE goal, complete and submit Exhibit 15-H: Proposer/Contractor Good Faith Efforts to document efforts to meet the goal. Refer to 49 CFR 26 for guidance regarding evaluation of good faith efforts to meet the DBE goal.
D. Contract Assurance
Under 49 CFR 26.13(b):
CONSULTANT, subrecipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. CONSULTANT shall carry out applicable requirements of 49 CFR 26 in the award and administration of federal-aid contracts.
Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to:
(1) Withholding monthly progress payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying CONSULTANT from future proposing as non-responsible E. Termination and Replacement of DBE Subconsultants
CONSULTANT shall utilize the specific DBEs listed to perform the work and supply the materials for which each is listed unless CONSULTANT or DBE subconsultant obtains the LOCAL AGENCY’s written consent. CONSULTANT shall not terminate or replace a listed DBE for convenience and perform the work with their own forces or obtain materials from other sources without authorization from the LOCAL AGENCY. Unless the LOCAL AGENCY’s consent is provided, the CONSULTANT shall not be entitled to any payment for work or material unless it is performed or supplied by the listed DBE on the Exhibit 10-02: Consultant Contract DBE Commitment form.
Termination of DBE Subconsultants
After execution of the AGREEMENT, termination of a DBE may be allowed for the following, but not limited to, justifiable reasons with prior written authorization from the LOCAL AGENCY:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. The LOCAL AGENCY stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet the LOCAL AGENCY’s bond requirements.
3. Work requires a consultant's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials (failing or refusing to perform is not an allowable reason to remove a DBE if the failure or refusal is a result of bad faith or discrimination).
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
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6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent or exhibits credit unworthiness.
8. Listed DBE voluntarily withdraws with written notice from the Contract.
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. The LOCAL AGENCY determines other documented good cause.
CONSULTANT must use the following procedures to request the termination of a DBE or portion of a DBE’s work:
1. Send a written notice to the DBE of the CONSULTANT’s intent to use other forces or material sources and include one or more justifiable reasons listed above. Simultaneously send a copy of this written notice to the LOCAL AGENCY. The written notice to the DBE must request they provide any response within five (5) business days to both the CONSULTANT and the LOCAL AGENCY by either acknowledging their agreement or documenting their reasoning as to why the use of other forces or sources of materials should not occur.
2. If the DBE does not respond within five (5) business days, CONSULTANT may move forward with the request as if the DBE had agreed to CONSULTANT’s written notice.
3. Submit CONSULTANT’s DBE termination request by written letter to the LOCAL AGENCY and include:
• One or more above listed justifiable reasons along with supporting documentation. • CONSULTANT’s written notice to the DBE regarding the request, including proof of transmission and tracking documentation of CONSULTANT’s written notice • The DBE's response to CONSULTANT’s written notice, if received. If a written response was not provided, provide a statement to that effect.
The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE termination request within five (5) business days.
Replacement of DBE Subconsultants
After receiving the LOCAL AGENCY’s written authorization of DBE termination request, CONSULTANT must obtain the LOCAL AGENCY’s written agreement for DBE replacement.
CONSULTANT must find or demonstrate GFEs to find qualified DBE replacement firms to perform the work to the extent needed to meet the DBE commitment.
The following procedures shall be followed to request authorization to replace a DBE firm:
1. Submit a request to replace a DBE with other forces or material sources in writing to the LOCAL AGENCY which must include:
a. Description of remaining uncommitted work item made available for replacement DBE solicitation and participation.
b. The proposed DBE replacement firm's business information, the work they have agreed to perform, and the following:
• Description of scope of work and cost proposal
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• Proposed subcontract agreement and written confirmation of agreement to perform on the Contract
• Revised Exhibit 10-O2: Consultant Contract DBE Commitment
2. If CONSULTANT has not identified a DBE replacement firm, submits documentation of CONSULTANT’s GFEs to use DBE replacement firms within seven (7) days of LOCAL AGENCY's authorization to terminate the DBE. CONSULTANT may request the LOCAL AGENCY's approval to extend this submittal period to a total of 14 days. Submit documentation of actions taken to find a DBE replacement firm, such as:
• Search results of certified DBEs available to perform the original DBE work identified and or other work CONSULTANT had intended to self-perform, to the extent needed to meet DBE commitment
• Solicitations of DBEs for performance of work identified • Correspondence with interested DBEs that may have included contract details and requirements
• Negotiation efforts with DBEs that reflect why an agreement was not reached • If a DBE's quote was rejected, provide reasoning for the rejection, such as why the DBE was unqualified for the work, or why the price quote was unreasonable or excessive
• Copies of each DBE's and non-DBE's price quotes for work identified, as the LOCAL AGENCY may contact the firms to verify solicitation efforts and determine if the DBE quotes are substantially higher
• Additional documentation that supports CONSULTANT’s GFE The LOCAL AGENCY shall respond in writing to CONSULTANT’s DBE replacement request within five (5) business days.
F. Commitment and Utilization
The LOCAL AGENCY’s DBE program must include a monitoring and enforcement mechanism to ensure that DBE commitments reconcile to DBE utilization.
The LOCAL AGENCY shall request CONSULTANT to:
1. Notify the LOCAL AGENCY’s contract administrator or designated representative of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work
3. Maintain records including:
• Name and business address of each 1st-tier subconsultant • Name and business address of each DBE subconsultant, DBE vendor, and DBE trucking company, regardless of tier
• Date of payment and total amount paid to each business (see Exhibit 9-F: Monthly Disadvantaged Business Enterprise Payment)
If CONSULTANT is a DBE CONSULTANT, they shall include the date of work performed by their own forces and the corresponding value of the work.
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If a DBE is decertified before completing its work, the DBE must notify CONSULTANT in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify CONSULTANT in writing of the certification date. CONSULTANT shall submit the notifications to the LOCAL AGENCY. On work completion, CONSULTANT shall complete Exhibit 17-O: Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form to the LOCAL AGENCY within 30 days of contract acceptance.
Upon work completion, CONSULTANT shall complete Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit it to the LOCAL AGENCY within 90 days of contract acceptance. The LOCAL AGENCY will withhold $10,000 until the form is submitted. The LOCAL AGENCY will release the withhold upon submission of the completed form.
In the LOCAL AGENCY’s reports of DBE participation to Caltrans, the LOCAL AGENCY must display both commitments and attainments.
G. Commercially Useful Function
DBEs must perform a commercially useful function (CUF) under 49 CFR 26.55 when performing work or supplying materials listed on the DBE Commitment form. The DBE value of work will only count toward the DBE commitment if the DBE performs a CUF. A DBE performs a CUF when it is responsible for execution of the work of the AGREEMENT and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a CUF, the DBE must also be responsible, with respect to materials and supplies used on the AGREEMENT, for negotiating price, determining quality and quantity, ordering the material and installing (where applicable), and paying for the material itself.
CONSULTANT must perform CUF evaluation for each DBE working on a federal-aid contract, with or without a DBE goal. Perform a CUF evaluation at the beginning of the DBE’s work and continue to monitor the performance of CUF for the duration of the project.
CONSULTANT must provide written notification to the LOCAL AGENCY at least 15 days in advance of each DBE's initial performance of work or supplying materials for the Contract. The notification must include the DBE's name, work the DBE will perform on the contract, and the location, date, and time of where their work will take place.
Within 10 days of a DBE initially performing work or supplying materials on the Contract, CONSULTANT shall submit to the LPA the initial evaluation and validation of DBE performance of a CUF using the LAPM 9-J: Disadvantaged Business Enterprise Commercially Useful Function Evaluation. Include the following information with the submittal:
• Subcontract agreement with the DBE
• Purchase orders
• Bills of lading
• Invoices
• Proof of payment
CONSULTANT must monitor all DBE’s performance of CUF by conducting quarterly evaluations and validations throughout their duration of work on the Contract using the LAPM 9-J: DBE Commercially Useful Function Evaluation. CONSULTANT must submit to the LOCAL AGENCY February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
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these quarterly evaluations and validations by the 5th of the month for the previous three months of work.
CONSULTANT must notify the LOCAL AGENCY immediately if they believe the DBE may not be performing a CUF.
The LOCAL AGENCY will verify DBEs performance of CUF by reviewing the initial and quarterly submissions of LAPM 9-J: DBE Commercially Useful Function Evaluation, submitted supporting information, field observations, and through any additional LOCAL AGENCY evaluations. The LOCAL AGENCY must evaluate DBEs and their CUF performance throughout the duration of a Contract. The LOCAL AGENCY will provide written notice to the CONSULTANT and the DBE at least two (2) business days prior to any evaluation. The CONSULTANT and the DBE must participate in the evaluation. Upon completing the evaluation, the LOCAL AGENCY must share the evaluation results with the CONSULTANT and the DBE. An evaluation could include items that must be remedied upon receipt. If the LOCAL AGENCY determines the DBE is not performing a CUF, the CONSULTANT must suspend performance of the noncompliant work.
CONSULTANT and DBEs must submit any additional CUF related records and documents within five (5) business days of LOCAL AGENCY’s request such as:
• Proof of ownership or lease and rental agreements for equipment • Tax records
• Employee rosters
• Certified payroll records
• Inventory rosters
Failure to submit required DBE Commercially Useful Function Evaluation forms or requested records and documents can result in withholding of payment for the value of work completed by the DBE.
If CONSULTANT and/or the LOCAL AGENCY determine that a listed DBE is not performing a CUF in performance of their DBE committed work, CONSULTANT must immediately suspend performance of the noncompliant portion of the work. LOCAL AGENCY may deny payment for the noncompliant portion of the work. LOCAL AGENCY will ask the CONSULTANT to submit a corrective action plan (CAP) to the LOCAL AGENGY within five (5) days of the noncompliant CUF determination. The CAP must identify how the CONSULTANT will correct the noncompliance findings for the remaining portion of the DBE's work. LOCAL AGENCY has five (5) days to review the CAP in conjunction with the CONSULTANT’s review. The CONSULTANT must implement the CAP within five (5) days of the LOCAL AGENCY's approval. The LOCAL AGENCY will then authorize the prior noncompliant portion of work for the DBE's committed work.
If corrective actions cannot be accomplished to ensure the DBE performs a commercially useful function on the Contract, CONSULTANT may have good cause to request termination of the DBE.
H. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, AGREEMENT, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.
I. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its AGREEMENT with its own work force, or the DBE subcontracts a greater portion of the work February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
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of the AGREEMENT than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.
J. CONSULTANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier.
The records shall show the date of payment and the total dollar figure paid to all firms. DBE CONSULTANT’s shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.
K. If a DBE subconsultant is decertified during the life of the AGREEMENT, the decertified subconsultant shall notify CONSULTANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the AGREEMENT, the subconsultant shall notify CONSULTANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY’s Contract Administrator within thirty (30) calendar days.
L. For projects awarded on or after March 1, 2020, but before September 1, 2023: after submitting an invoice for reimbursement that includes a payment to a DBE, but no later than the 10th of the following month, the prime contractor/consultant must complete and email Exhibit 9-F:
Disadvantaged Business Enterprise Running Tally of Payments to [email protected] with a copy to local administering agencies.
For projects awarded on or after September 1, 2023: Exhibit 9-F is no longer required. Instead, by the 15th of the month following the month of any payment(s), the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract. If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
M. Any subcontract entered into as a result of this AGREEMENT shall contain all of the provisions of this section.
ARTICLE XIX INSURANCE
[Choose either Option 1 or Option 2]
[Option 1 - for AGREEMENT with a scope of services that may require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations.] A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.
B. The Certificate of Insurance will provide:
1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.
2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.
3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.
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C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
[Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations.] CONSULTANT is not required to show evidence of general comprehensive liability insurance.
ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.
B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.
D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.
ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.
B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.
C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.
ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
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business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
[Choose either Option 1 or Option 2]
[Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal] A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.
B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT. [Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E]
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.
ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.
CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.
CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
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C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.
[Add the following paragraph to all AGREEMENTs, which may require trenching of five feet or deeper] D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.
ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of LOCAL AGENCY, and CONSULTANT shall have no property right therein whatsoever. Immediately upon termination, LOCAL AGENCY shall be entitled to, and CONSULTANT shall deliver to LOCAL AGENCY, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to LOCAL AGENCY which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by LOCAL AGENCY.
B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of LOCAL AGENCY without restriction or limitation upon its use or dissemination by City.
C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.
Any reuse by LOCAL AGENCY for another project or project location shall be at LOCAL AGENCY’s sole risk.
D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).
E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.
ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.
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B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.
Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.
C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.
ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.
C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.
D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.
[For PS&E contracts add paragraph F, below, to paragraphs A through E, above] F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of LOCAL AGENCY or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, LOCAL AGENCY has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, LOCAL AGENCY’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.
ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.
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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.
ARTICLE XXXI PROMPT PAYMENT
A. PROMPT PAYMENT FROM LOCAL AGENCY TO CONSULTANT
The LOCAL AGENCY shall make all project progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the CONSULTANT, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied and pro-rated as necessary. Upon receipt of the payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) The LOCAL AGENCY shall review each payment request as soon as feasible after receipt to verify it is a proper payment request.
(2) The LOCAL AGENCY must return any payment request deemed improper by the LOCAL AGENCY to the CONSULTANT as soon as feasible, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall include documentation setting forth in writing the reasons why it is an improper payment request.
B. PROMPT PAYMENT CERTIFICATION
For projects awarded on or after September 1, 2023: the CONSULTANT must now submit Exhibit 9-P to the LOCAL AGENCY administering the contract by the 15th of the month following the month of any payment(s). If the CONSULTANT does not make any payments to subconsultants, supplier(s), and/or manufacturers they must report “no payments were made to subs this month” and write this visibly and legibly on Exhibit 9-P.
The LOCAL AGENCY must verify all Exhibit 9-P information, monitor compliance with prompt payment requirements for DBE and non-DBE firms, and address any shortfalls to the DBE commitment and prompt payment issues until the end of the project. The LOCAL AGENCY must email a copy of Exhibit 9-P to [email protected] before the end of the month after receiving the Exhibit 9-P from the CONSULTANT.
ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
[The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.
The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.
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The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.]
APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part.
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f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
APPENDIX B
CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:
NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.
Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended [, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].*
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(*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)
APPENDIX C
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE
ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):
A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:
1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.
Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.
B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)
APPENDIX D
CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE
ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):
A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Local Assistance Procedures Manual Exhibit 10-R
A&E Boilerplate Agreement Language
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over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.
B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*
C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.
APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
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public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.1681 et seq).
ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:
CONSULTANT:
(CONSULTANT)
(NAME) ,Project Manager
(ADDRESS)
LOCAL AGENCY:
(LOCAL AGENCY)
(NAME) , Contract Administrator
(ADDRESS)
ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.
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ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date: Date:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Authorizing the Purchase of a Crack Seal Maintenance Trailer from KM International for Street Preventative Maintenance.
Submitting Department:
Public Works
Contact Name:
Zackary Boudreaux, Public Works Director
Staff recommends that the City Council authorize the purchase of one (1) crack seal maintenance trailer from KM International for street maintenance in the amount of $23,638.
The acquisition of a crack seal maintenance trailer will allow Public Works staff to perform efficient, in-house crack sealing to support ongoing roadway maintenance. Crack sealing is a critical component of preventive street maintenance, as it extends pavement life, prevents water intrusion, and reduces long-term repair costs.
Acquisition of this equipment will improve maintenance productivity and reduce the City’s reliance on outside contractors for crack sealing services.
The Public Works Department maintains the City’s roadway network through a combination of preventive maintenance, routine repairs, and capital rehabilitation projects. One of the most effective and widely recommended pavement preservation techniques is crack sealing, which prevents moisture penetration into the pavement structure.
When cracks are left untreated, water infiltrates the asphalt and underlying base materials, accelerating deterioration, weakening structural integrity, and increasing the likelihood of potholes and surface failures.
For action by:
☒City Council
Regular Session:
☒Consent Calendar
☐Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
__J.R.___
Agenda Item Number: H.6.
Department Recommendation:
Summary:
Background:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Currently, the Public Work’s Department’s ability to conduct crack sealing operations is limited by equipment availability and efficiency. The KM Crack Maintenance Trailer is a purpose-built unit designed specifically for municipal pavement maintenance operations. The trailer includes an integrated heated kettle, agitation system, applicator wand, and mobility platform that allows crews to safely transport and apply crack seal throughout the City. The Public Works Department currently operates a hot box asphalt unit manufactured by K M International.
Purchasing a compatible crack seal trailer from the same manufacturer ensures operational consistency, reduces staff training requirements, and improves overall efficiency when equipment is used together during pavement repair activities. KM International participates in the Sourcewell cooperative purchasing program.
This equipment will allow staff to increase annual crack sealing coverage, perform maintenance at the appropriate time in the pavement lifecycle, and implement a more proactive roadway preservation program. Preventive maintenance treatments such as crack sealing are widely recognized within the public works and pavement engineering fields as one of the most costeffective methods of extending pavement life. Performing this work in-house rather than contracting it out provides additional cost savings, scheduling flexibility, and improved response time for maintenance needs.
The total cost of the KM International Trailer is $23,638.
Crack Seal and Cape Seal projects are approved for the FY 2025/26 budget, with funding sourced from the Transportation Budget. Costs will be split evenly between Crack Sealing and Cape Seal budget lines.
None associated with this action.
• Sourcewell Quote from KM International
I move to authorize staff to purchase a crack seal maintenance trailer from KM International in the amount of $23,638.
Fiscal Impact:
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Adoption of Resolution No. 2026-06, A Resolution of the City Council of the City of Exeter, Authorizing the City Administrator to Apply for and Administer the Zero-Emission Landscaping Equipment (Zele) Voucher Program through the San Joaquin Valley Air Pollution Control District (SJVAPCD).
Submitting Department:
Public Works
Contact Name:
Zachary Boudreaux, Director of Public Works
Staff recommends that the City Council adopt Resolution 2026-06, authorizing the City Administrator or their designee to apply for and administer the Zero-Emission Landscaping Equipment (ZELE) Voucher Program on behalf of the City of Exeter.
The San Joaquin Valley of California Zero-Emission Landscaping Equipment (ZELE) Voucher Program provides eligible agencies with an opportunity to trade in old, broken, or outdated landscaping equipment in exchange for voucher funding toward the purchase of zero-emission replacements. Eligible agencies must be located within the San Joaquin Valley Air Basin, which includes Tulare County, currently use gas- or diesel-powered professional landscape maintenance equipment in daily operations, and have owned and operated the old gas- or diesel-powered equipment listed in the application for the last two years. The voucher program makes available funding for ride-on and stand-ride mowers, walk behind mowers, Edgers, trimmers, chainsaws, and leaf blowers. The Zero-Emission Landscaping Equipment Voucher Program is part of California Climate Investments, a statewide initiative that utilizes Cap-andTrade dollars for programs that aim to reduce greenhouse gas emissions, strengthen the economy and improve public health and the environment.
For action by:
☒City Council
Regular Session:
☒Consent Calendar
☐Regular Item
☐Public Hearing
Review:
City Administrator
(Initials Required)
__J.R.___
Agenda Item Number: H.7.
Department Recommendation:
Background & Summary:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Under the program, qualifying mowers with a combustion engine and mowing deck are eligible for a voucher value of $15,000, which must be applied toward the purchase of an electric replacement mower. To qualify, the equipment must meet the following criteria:
• The mower must have a combustion engine
• The mower must have a mowing deck
After reviewing City owned equipment utilized for landscape maintenance operations, the Public Works Department has identified at least one mower that is no longer operational or suitable for continued use and would be better utilized as a trade-in under the ZELE program.
Staff propose using the voucher to acquire an electric mower through the program to support ongoing park and LLMD maintenance. The proposed mower includes a 36-inch deck and is priced approximately equal to the $15,000 voucher amount, allowing the City to obtain an additional support mower for tight spaces at no cost.
The application to the San Joaquin Valley Air Pollution Control District will be submitted on the City’s behalf by Cal Turf of Tulare. Adoption of Resolution 2026-06 will authorize the City Administrator or designee to apply for and administer the ZELE Voucher Program on behalf of the City of Exeter.
There is no fiscal impact associated with this item, as the electric mower will be acquired through the ZELE voucher trade-in program.
Approval to return landscape maintenance to in-house operations on January 27, 2026. • Program Guidelines
• Resolution No. 2026-06
I move to adopt Resolution 2026-06, authorizing the City Administrator or designee to apply for and administer the Zero-Emission Landscaping Equipment (ZELE) Voucher Program on behalf of the City of Exeter.
Fiscal Impact:
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
ZELE Voucher Program | Nov 2023
www.valleyair.org/ZELE
ZELE VOUCHER PROGRAM GUIDELINES
The Zero-Emission Landscaping Equipment Voucher Program (ZELE) provides incentives for the replacement of existing gas- or diesel-powered landscape maintenance equipment with new electric landscape maintenance equipment. To receive a voucher, an applicant must submit a complete application packet as described in the steps of the Program Process section. Please DO NOT purchase or dispose of any eligible equipment until you have received an approved voucher from the District for your project.
ELIGIBLE ENTITIES
• Business Entities: Landscape businesses providing service to residential neighborhoods, business locations and other communities, or businesses and non-profit organizations that provide commercial scale landscape maintenance in-house.
Equipment used on an applicant’s personal residential property does not constitute commercial scale landscape maintenance. • Public Agencies: Cities, special districts, municipalities, school districts, etc., that provide commercial scale landscape maintenance in-house. Any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools are not eligible.
ELIGIBLE ENTITIES MUST
• Be located within the geographic area of the San Joaquin Valley Air Basin, which includes the following counties: San Joaquin, Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and the San Joaquin Valley portion of Kern. • Conduct 100% of its landscape maintenance operations within the geographic area of the San Joaquin Valley Air Basin. • Currently use gas- or diesel-powered professional landscape maintenance equipment in daily operations. • For the past two years prior to submitting an application, have owned and operated the old gas- or diesel-powered equipment listed on their application within the geographic area of the San Joaquin Valley Air Basin.
ELIGIBLE EQUIPMENT FUNDING
Funding levels are identified in the table below grouped by equipment type, and include the cost of additional batteries and chargers. Applicants that are not small businesses or public agencies must pay a minimum 15% cost share for eligible costs.
Maximum funding amounts may be reduced for these applicants to ensure the 15% cost share requirement is met. Enhanced funding levels are available for public schools located within the selected AB 617 Communities of Shafter, South-Central Fresno, and Stockton. These public schools can receive 100% of the purchase price of up to 2 batteries and 1 charger per piece of new allelectric equipment purchased. Please visit community.valleyair.org to see if you qualify.
EQUIPMENT TYPE MAXIMUM AMOUNT PER EQUIPMENT
Edgers, String Trimmers, Hedge Trimmers,
Chainsaws, Pole Saws and Brushcutters Up to $700
Leaf Blowers and Vacuums Up to $1,400
Walk-behind Mowers Up to $1,500
Ride-on/Stand-ride Mowers Up to $15,000
Additional Batteries and Chargers
(for public schools in selected AB 617 Communities
of Shafter, South Central Fresno, and Stockton only)
100% of purchase price for up to two (2) batteries
and one (1) charger per piece of equipment purchased
Applicants that are not small businesses or public agencies must pay a minimum 15% cost share of eligible costs.
Maximum funding amount may be reduced to ensure 15% cost share requirement is met. * Additional batteries and chargers acquired as part of the new equipment purchase may be included in the total eligible costs.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
ZELE Voucher Program | Nov 2023
www.valleyair.org/ZELE
ZELE VOUCHER PROGRAM GUIDELINES
• Funding for this program is not a rebate. The applicant must not purchase any new equipment prior to obtaining an approved voucher from the District or their project may be deemed ineligible.
Applicants are encouraged to wait to dispose of any old equipment until receiving an approved voucher.
• All applications will be considered for funding on a first-come, first-serve basis, and if deemed eligible, will be funded in the order received until program funds are exhausted.
• Submittal of an application does not guarantee funding. Eligibility of the application is determined at the sole discretion of the District. Applications that do not meet the intent and/or eligibility of the program will be deemed ineligible.
• Multiple applications may be submitted throughout the year by the same applicant.
• All additional co-funding sources and discounts applied to the new electric equipment purchase must be disclosed at time of application.
• The District reserves the right to recoup any funding provided to the applicant and/or pursue any other legal actions deemed appropriate if, by the District‘s determination, the applicant did not provide accurate information, and/or fails to meet the intent or requirements of the program.
• Small businesses and public agencies do not need to meet the 15% cost share requirement. The following definitions will be applied to applicants to determine their eligibility:
» Small business means an independently owned and
operated business that is not dominant in its field of
operation, the principal office of which is located in
California, the officers of which are domiciled in California, and which, together with affiliates, has 100 or fewer
employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees. Commencing January 1, 2019,
the average annual gross receipts threshold shall be fifteen million dollars ($15,000,000). (Gov. Code § 14837(d)(1)(A)) » Public agency means but is not limited to State of
California, metropolitan, county, city, district, multi-county special district (e.g. water district), public school district, public university, public college, public authority, public agency, public corporation, another state government, the federal government, or any other subdivision or agency of a state government or the federal government. (CARB CARL
Moyer Guidelines)
NEW ELIGIBLE ELECTRIC EQUIPMENT MUST BE INELIGIBLE EQUIPMENT • Same type of equipment as the old. Replacement of old equipment is required to be like-for-like and one-for-one (i.e., one old gas edger for one new electric edger, etc.).
» Additional batteries and chargers acquired as part of the new equipment purchase may be included in the total eligible costs. • Purchased from a manufacturer-authorized retailer or dealer. • Electric, battery-powered.
• New, not previously owned or used. Reconditioned and
refurbished equipment are considered used and are not eligible for purchase.
• Purchased with a power head.
» Attachments without a power head are ineligible, and manual equipment without an engine are not eligible.
» Combo kits with one power head and multiple attachments, or bundles/packages that include two or more pieces of
equipment, will be considered as one piece of equipment. • Equipment not listed on the funding table are ineligible to be replaced.
• Old equipment that has not been owned and operated for the past two years by the applicant.
• New electric equipment, battery or charger purchases made prior to the voucher execution date are ineligible for reimbursment. • Corded-electric equipment cannot be purchased as new
replacement equipment.
• Purchase of a battery and/or a charger cannot be purchased without equipment.
• Equipment used on an applicant’s personal residential property.
For information about the District’s Residential Rebate Program visit www.valleyair.org/CGYM.
• These types of equipment are not eligible to be replaced:
» Manual equipment without an engine.
» Tractors used to pull landscape maintenance equipment. » Tow-behind landscape maintenance equipment.
GENERAL REQUIREMENTS
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
ZELE Voucher Program | Nov 2023
www.valleyair.org/ZELE
The Zero-Emission Landscaping Equipment Voucher Program is part of California Climate Investments, a statewide initiative that puts billions of Cap-and-Trade dollars to work reducing greenhouse gas emissions, strengthening the economy and improving public health and the environment particularly in disadvantaged communities.
ZELE VOUCHER PROGRAM GUIDELINES
STEP 1: Submit a completed application along with the
following supporting documentation:
1. Completed first page of IRS Form W-9
www.irs.gov/forms-pubs/about-form-w-9
2. One of the following documents depending on applicant type:
Business Entities: Verification that the business is currently in operation and has been for the two years prior to application submittal. Acceptable documentation includes, but is not limited to the following:
» Copy of a valid business license, covering the past 24 months from the date of application submittal; or
» C-27-Landscape Contractors License Number; or
» Identification number assigned to a business entity by the California Secretary of State at the time of registration » Documentation of an approved Clean Off-Road Equipment (CORE) program application for professional landscape
equipment (voucher or approval letter).
» The District maintains the discretion to accept or request other documentation to demonstrate applicant as a
commercial landscape maintenance provider and meets the intent of the program.
Public Agencies: Resolution from the applicant’s governing body (i.e., City Council or County Board of Supervisors). In lieu of a resolution, applicant can submit a formal letter/ documentation from the agency which identifies the individual and/or title that can submit an application and enter into an agreement with the District. This letter/documentation must be signed by a duly authorized official within the agency that has the authority to make financial decisions. The individual/ title identified on the resolution or letter/documentation must match the signing authority listed on the application.
STEP 2: Receive a Voucher and Claim for Payment Form from the District
1. The District will review submitted applications and supporting documentation for eligibility. If approved:
» A ZELE Voucher will be issued. The voucher will identify the equipment to be purchased and the eligible funding.
» A Claim for Payment Form will be provided and must be completed and signed by the applicant to be reimbursed for eligible funding.
STEP 3: Purchase your new electric equipment and destroy your old equipment
1. Purchase the new equipment identified on the voucher within the execution and expiration dates. Additional batteries and chargers acquired as part of the new equipment purchase may be included in the total eligible costs.
2. Obtain a Destruction Verification Form (DVF) from a
participating dismantling facility:
» Within 30 calendar days from the date of purchase of
the new equipment, take your old gas- or diesel-powered equipment to a participating dismantling facility.
» For a list of participating dismantling facilities visit valleyair.org/ZELE.
» Contact the dismantling facility to verify its requirements for submittal of old equipment (i.e., fluids drained, etc.) prior to taking it to the facility.
» Verify that the dismantling facility has completed and signed the DVF. The DVF is proof that you have properly submitted your old equipment for permanent destruction.
STEP 4: Submit a Claim for Payment Packet for
reimbursement within 30 days from the purchase date of the new equipment:
1. Signed and completed Claim for Payment Form.
2. Signed Voucher.
3. Signed and completed DVF obtained from participating dismantling facility.
4. Copy of the sales invoice or receipt for the new electric equipment, batteries and chargers purchased.
STEP 5: Own and operate your new equipment
Own and operate the new electric equipment for a minimum of 36 months from the date of purchase.
PROGRAM PROCESS
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
RESOLUTION NO. 2026-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EXETER
AUTHORIZING THE CITY ADMINISTRATOR TO COMPLETE AND SIGN
APPLICATIONS AND ADMINISTER THE ZERO-EMISSION LANDSCAPING
EQUIPMENT (ZELE) VOUCHER PROGRAM THROUGH THE SAN JOAQUIN
VALLEY AIR POLLUTION CONTROL DISTRICT (SJVAPCD)
WHEREAS, several local, State and Federal programs allow public and nonprofit transportation providers to apply for administration, capital and operation assistance programs or grants; and
WHEREAS, the San Joaquin Valley Air Pollution Control District (SJVAPCD) provides funding to local agencies under the New Zero-Emission Landscaping Equipment (ZELE) Voucher Program; and
WHEREAS, one of the San Joaquin Valley Air Pollution Control District funding requirements is for the City Council to authorize and individual by resolution, as the “Authorized Individual” to make final decisions, submit applications and implement the new zero-emission landscaping equipment (ZELE) voucher program under the Public Benefit Program; and
WHEREAS, the Council wishes to designate the City Administrator as Authorized Individual on applications to SJVAPCD.
NOW, THEREFORE, the City Council of the City of Exeter, hereby resolves as follows.
Section 1. The above recitals are true and correct and incorporated herein by reference.
Section 2. The City Council authorizes the City Administrator or his/her designee to complete and sign the applications, to sign required assurances and to administer the New Zero-Emission Landscaping Equipment (ZELE) Voucher Program through the San Joaquin Valley Air Pollution Control District on behalf of the City of Exeter.
Section 3. This resolution is effective upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Exeter this 24th day of February 2026 by the following vote:
AYES:
NOES:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
ABSTAIN:
ABSENT:
____________________ _
Jacob Johnson, Mayor
ATTEST:
_________________________
Francesca Quintana, City Clerk
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Agenda Item Staff Report
Meeting Date:
February 24, 2026
Wording for Agenda:
Conduct a Public Hearing and Consider Adoption of Resolution No. 2026-05, A Resolution of the City Council of the City of Exeter Updating the City of Exeter Fee Schedule to Establish and Align Animal Control–Related Fees Consistent with Ordinance No. 717 and the City’s Animal Control Services Agreement with the City of Visalia.
Submitting Department:
Administration
Contact Name:
Jason Ridenour, City Administrator
Staff recommends that the City Council:
1. Open the public hearing to consider updates to animal control–related fees;
2. Receive public testimony;
3. Close the public hearing; and
4. Adopt a Resolution updating the City’s Fee Schedule to establish animal control–related fees as recommended, consistent with the City’s contract with the City of Visalia.
On January 27, 2026, the City Council reviewed and provided direction regarding potential updates to animal control–related fees, including licensing, impoundment, sheltering, kennel permitting, and breeder permitting fees.
This item is the noticed public hearing to formally consider the adoption of the updated fee schedule. The proposed fees remain unchanged from those presented during the prior Council discussion and are intended to align Exeter’s fees with those charged by the City of Visalia, which provides animal control and sheltering services under contract.
For action by:
☒City Council
Regular Session:
☐Consent Calendar
☐Regular Item
☒Public Hearing
Review:
City Administrator
(Initials Required)
__J.R.___
Agenda Item Number: I.1.
Department Recommendation:
Background/Summary:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
On December 9, 2025, the City Council held a public hearing and introduced Ordinance No. 717, which repealed and replaced Title 6 (Animals) of the Exeter Municipal Code. Ordinance No. 717 was adopted on January 13, 2026, and became effective February 12, 2026.
Ordinance No. 717 modernized the City’s animal control regulations, including provisions related to licensing, impoundment, dangerous animals, kennel and breeder permitting, and enforcement authority. As part of these updates, the City must establish associated fees to support implementation and cost recovery.
The City of Exeter contracts with the City of Visalia for animal control field services, animal licensing, and animal sheltering services pursuant to the Animal Control Services Agreement effective January 1, 2024. Under this agreement, Exeter is responsible for establishing applicable charges that Visalia collects on Exeter’s behalf, and many service costs are based on Visalia’s adopted comprehensive fee schedule.
While Exeter’s current FY 2025–26 Fee Schedule includes limited animal-related fees, it does not fully reflect the expanded regulatory framework adopted under Ordinance No. 717 or the sheltering and enforcement cost structure required through the Visalia agreement. Staff is therefore recommending adoption of the proposed animal control fee categories, including licensing, impoundment, boarding, after-hours pickup, kennel permits, breeder permits, and related services, consistent with Visalia’s adopted rates.
Below is a table summarizing the newly proposed fees.
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
The updated fee schedule is intended to improve cost recovery for animal control services provided under contract and reduce the City’s subsidy of sheltering, impoundment, and enforcement-related expenses.
No General Fund appropriation is required as part of this action. Revenues will depend on service usage and enforcement activity.
• January 1, 2024 – Effective date of Animal Control Services Agreement between the City of Exeter and the City of Visalia the if Council has taken any actions previously relative to this item.
• October 14, 2025 – City Council reviewed draft comprehensive animal control updates and directed staff to proceed to public hearing
• December 9, 2025 – City Council held public hearing and provided first reading of Ordinance No. 717
• January 13, 2026 – City Council held second reading and adopted Ordinance No. 717 • January 27, 2026 – Council discussion and direction on proposed fee updates • Animal Control Services Agreement
• Ordinance No. 717
• Resolution No. 2026-05 Updating Animal Control Fees with Exhibit I move to adopt Resolution No. 2026-05, updating the City of Exeter Fee Schedule to establish animal control–related fees consistent with Ordinance No. 717.
Fiscal Impact:
Prior City Council Actions:
Attachments:
Recommended motion to be made by the City Council:
February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Anima,I Control Services Agreement
This AGREEMENT between the City of Visalia ("Visalia") and the City of Exeter ("Exeter") is hereby effective as of January 1, 2024.
RECITALS
WHEREAS, Exeter is authorized and empowered to employ contractors and specialists in the performance of its duties and functions; and
WHEREAS, Exeter has a need for animal shelter services, pursuant to California Health & Safety Code sections 121575, et seq.; and
WHEREAS, Exeter has a need for a contractor to handle animal shelter services, animal licensing and animal control field services; and
WHEREAS, Visalia will provide these services to meet Exeter's needs on the terms and conditions set forth herein; and
WHEREAS, Visalia and Exeter previously entered into an agreement for these services on November 2, 2018 and Visalia has provided those services; and WHEREAS, Parties have agreed to modify and replace the prior agreement with this revised agreement; and
WHEREAS, Parties agree the prior agreement shall be considered to have expired on December 31, 2023 and shall be replaced with this revised animal control services agreement beginning on January 1, 2024; and
WHEREAS, Exeter shall pay Visalia all outstanding amounts owed under the prior agreement within thirty days of this new agreement taking effect or as otherwise agreed upon in writing between the Parties.
WHEREAS, Exeter agrees that it will consider an ordinance that mandates the spaying or neutering of animals, unless the health or age of an animal would prevent alteration, as a condition of being released from an animal shelter. Visalia shall provide a proposed ordinance upon request. Exeter shall consider such an ordinance within sixty days of this Agreement being signed. If Exeter adopts such a requirement, then it will notify Visalia so that it will be implemented for the release of animals being held for Exeter residents. If Exeter does not adopt this ordinance, then Visalia may terminate this Agreement on ten days written notice to Exeter.
NOW, THEREFORE, it is mutually understood and agreed as follows:
1 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
ARTICLE 1 - COMPLETE AGREEMENT
This Agreement, including the recitals stated above which are incorporated herein by reference, and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Visalia and Exeter and it supersedes all prior representations, understanding and communications.
The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions.
ARTICLE 2 -STANDARD OF CARE
The standard of care with respect to Visalia's services hereunder will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality and under the same or similar circumstances.
ARTICLE 3 - INDEPENDENT CONTRACTOR
Visalia's relationship to Exeter in its performance of this Agreement is that of an independent contractor. Visalia may, at its own expense, use employees or subcontractors as Visalia deems necessary to perform the services required under this Agreement. The personnel performing services under this Agreement shall at all times be under Visalia's exclusive direction and control and shall be employees or subcontractors of Visalia and not employees of Exeter.
Visalia shall pay all wages, salaries, and other amounts due its employees, or subcontractors in connection with the performance of this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. The personnel performing services under this Agreement shall not be entitled to the rights or benefits afforded to Exeter employees, including disability or unemployment insurance, workers' compensation, medical insurance, sick leave, or any other Exeter employment benefit.
The relationship between Visalia and Exeter is non-exclusive. Visalia may perform services for, and contract with other: clients, persons, or companies.
ARTICLE 4 - DUTIES AND SCOPE OF WORK
4.1 Scope of Work. Subject only to the general policies and direction of Exeter with regard to animal control operations, and to the provisions and requirements of this Agreement, Visalia shall do all things necessary to provide animal control services, animal shelter services and animal licensing services for Exeter. This includes providing space at the Visalia Animal Care Center for sheltering animals from Exeter. As stated in Exhibit "A" Visalia will designate a specific space in the Animal Care Center for animals from Exeter. Parties agree that Visalia is only agreeing to shelter dogs and cats for Exeter under this Agreement. The term "animals" under this Agreement shall, unless otherwise specified, refer only to dogs and cats.
2 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
4.2 Handling of Animals Brought by Exeter. As described specifically in Exhibit A (Scope of Work), Visalia shall be deemed to be acting on behalf of Exeter in the capacity of providing animal shelters and any animals sent by Exeter to the animal shelter owned and operated by Visalia shall be deemed to be held in custody for the benefit of Exeter. Visalia will track all animals received by or for the benefit of Exeter.
Parties agree that these animals will be considered the responsibility of Exeter under this Agreement whether they are owned by a private party that picks them up from the Animal Care Center or are stray animals without a private owner that will be considered as owned by Exeter unless Visalia and Exeter, in writing, to transfer ownership of the animals.
Animals brought to the Animal Care Center under this Agreement are treated with the level care described under the Service Standards stated in Section 1. 7 of Exhibit "A." This is the same level of care taken for all animals that are brought into the Animal Care Center, whether they are from Visalia or from another jurisdiction.
Visalia shall hold the animals for the time period required by state law, plus an additional two-day period. After the state mandated hold period plus two days, the animals will be humanely euthanized at Exeter expense or, if Exeter directs Visalia in writing to continue holding an animal after these time periods, then Visalia shall continue to hold the animal pursuant to the terms of this Agreement until Visalia receives further direction as to the handling of the animal from Exeter. As stated in more detail in Exhibit "A" Visalia will begin charging Exeter costs incurred by Visalia after holding an animal for seven days. This period shall not begin until the day after the animal is received by Visalia. These charges will be billed separately from the base services stated in Article 7 of this Agreement and will be based on the applicable daily boarding fee in the currently adopted comprehensive fee schedule rates for Visalia.
In no event shall Visalia accept ownership of an animal that has been determined to be vicious under the Exeter Municipal Code be released to Visalia unless such determination is overturned on appeal.
4.3 Adherence to Legal Standards. Visalia shall be solely responsible for ensuring that all animal shelter services provided hereunder are provided in strict conformance with all laws and statutes relating to the humane treatment of animals and safe handling of animals under applicable state and local statutes, ordinances, and regulations.
Visalia and Exeter agree to cooperate over municipal code enforcement by Visalia on behalf of Exeter. Exeter acknowledges that it has implemented changes to its municipal code violations to allow Visalia personnel, acting under the scope of this Agreement as animal control officers for Exeter, to issue citations for Exeter municipal code violations related to animal control.
Parties acknowledge that each maintains separate municipal ordinances regarding animals and agree that they shall cooperate in modifying their ordinances to be consistent on what constitutes violations for items such as defining excess noise by animals, vicious dogs, impounding animals, commercial kennel requirements, leash regulations, and licensing requirements. Parties acknowledge that this section recognizes each agency is solely responsible for determining its applicable municipal ordinances and that each may 3 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
implement separate rules on SP,ecific issues. This Agreement is not intended to require either agency to have the same requirements for all animals within its jurisdiction.
4.4 Applicable Charges Collected on Behalf of Exeter. Exeter will provide Visalia with a list of applicable charges, such as licensing fees, that Visalia is to collect on behalf of Exeter. These amounts will be separately accounted for and paid to Exeter monthly with an accounting of each amount charged on behalf of Exeter. Parties agree that this rate of applicable charges may be adjusted by Exeter. Exeter shall provide the revised list of applicable charges to Visalia at least thirty days prior to the date upon which it shall become effective.
ARTICLE 5 - CHANGES IN SCOPE OF WORK; AMENDMENT
It is understood and agreed by Visalia and Exeter that it may be necessary, from time to time during the term of this Agreement, to modify its provisions or to revise the scope and/or extent of Visalia work under this Agreement for the operation and maintenance of the animal control operations. In each such instance, Visalia and Exeter shall consult with each other and shall come to a mutually acceptable agreement as to the nature of the required modification or revision desired.
ARTICLE 6 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 2024 and shall continue in full force and effect through December 31, 2024.
After this term this Agreement may be renewed for up to four additional one-year (twelve month) terms. Parties agree that each of these one-year extensions shall begin automatically unless a party notifies the other of non-renewal at least sixty days prior to the expiration of then current term, unless earlier terminated as herein provided. Parties may agree in a writing signed by both Parties to further extend the term of this Agreement.
ARTICLE 7 - COMPENSATION
For the base services performed pursuant to this Agreement, which are described in Exhibit "A" Exeter agrees to pay, and Visalia agrees to accept, as payment in full an annual contract amount of $216,900. Exeter has agreed to pay this amount annually in twelve equal monthly installments of $18,075 beginning on the effective date of this Agreement. Visalia is not providing separate invoices for the base service fee, payment of each monthly installment shall be due on the 1st of each month and must be received by the 20th day of each month or a late fee of $250.00 shall be charged to Exeter in addition to the amount owed. If payment is not received, then Exeter will be in breach of this Agreement and Visalia may terminate the Agreement on fifteen (15) days written notice to Exeter if the breach is not cured prior to termination.
For each contract year, Parties agree that the annual contract amount in this agreement will be increased by the annual CPI rate. All other fees will be adjusted to match the current adopted comprehensive fee schedule rates of Visalia, as applicable. The CPI rate is calculated using the November year-over-year measurement immediately prior the effective date of each agreement. For purposes of this section, CPI means the United 4 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
States Department of Labor, Consumer Price Index for All Urban Consumers, US City Average, All items, unadjusted lndex as agreed upon by Visalia and Exeter, that tracks changes of average consumer prices will be applied.
In addition to the base services performed pursuant to this Agreement, Visalia shall bill Exeter for additional identified specific costs in addition to the base services. These specific costs include the following:
• The costs of euthanizing animals - currently $71.00.
• The costs of cremating animals - currently $98.00.
• The costs of Visalia providing staff to Exeter for special events, as requested by Exeter- currently $250.00 per four hours of staff time. • Cost recovery fee for animals received at Visalia animal shelter after operating hours - currently $200.00
• Cost incurred by Visalia after holding an animal for more than seven days as specified in Exhibit "A" - currently $20.00 per day.
Visalia will charge Exeter for the costs incurred by Visalia in providing these additional services. These amounts shall be recorded and invoiced within thirty days from being incurred by Visalia with a description of the item incurring the costs. Costs will be the applicable rates and fees charged by Visalia in most current adopted fee schedule.
Payment is due by l'::xeter within thirty days of being invoiced by Visalia. A late payment penalty fee of $250.00 shall be charged to Exeter if the payment is not made within this time period. Included in Exhibit "A" to this Agreement is a description of these services, that if provided by Visalia, will be separately charged to Exeter in addition to the annual fee for base services.
ARTICLE 8 - INSURANCE
With respect to performance of work under this Agreement, Visalia agrees to maintain adequate self-insurance. If Visalia utilizes subcontractors to perform any duties required by Visalia under this Agreement, then it shall require its subcontractors to maintain insurance as described below and shall name Exeter as additional insured:
A Workers' compensation insurance with statutory limits, and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.
B. Commercial general liability insurance with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence Such insurance shall .include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor's Liability (if applicable).
C. Comprehensive Automobile Liability coverage with a combined single limit of not less than Two Million Dollars ($2,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
5 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
Evidence of insurance, or self-in.surance by Visalia, will be made available to Exeter upon request.
Visalia must provide proof of insurance coverage for any Visalia employee or subcontractor that delivers or receives animals to or from Visalia under this Agreement.
Visalia agrees to provide Exeter with proof of insurance that names Exeter as additional insured and indicates that any insurance maintained by the City of Exeter shall apply in excess of and not contribute with the insurance provided. Exeter agrees that this insurance may be in the form of self-insurance or insurance policies that meet or exceeds the coverage requirements stated above for any subcontractors used by Visalia.
If any Exeter employees or subcontractors will be delivering animals to Visalia, then Exeter must provide proof of insurance coverage that names Visalia as additional insured and indicates that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with the insurance provided. This insurance by Exeter may be in the form of self-insurance or insurance policies that meet or exceed the coverage requirements stated in this Section.
ARTICLE 9 - INDEMNIFICATION
To the fullest extent permitted by law, Visalia shall hold harmless, defend at its own expense, and indemnify the City of Exeter and its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney's fees, arising from all acts or omissions of contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Exeter's sole negligence or willful acts. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
Exeter hereby agrees to indemnify and hold Visalia and its officers, agents, employees and assigns harmless from any liability imposed for injury (as defined by Government Code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to any act or omission, including strict liability or negligence of Exeter, or of anyone acting under Exeter's direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.
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.
ARTICLE 10 - TERMINATION
This Agreement may be terminated by either Visalia or Exeter in whole or in part, at any time by ninety days written notice from one party to the other. 6 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
ARTICLE 11 - EMPLOYMENT REGULATIONS
.
All services performed by Visalia pursuant to this Agreement shall be performed in accordance and full compliance with all applicable state and federal laws relating to employment including but not limited to the Fair Labor Standards act, Fair Employment Practices, Equal Opportunity Employment Act and all other applicable Federal and State laws and regulations regarding employment and immigration, including nondiscrimination, compensation, taxation, etc.
Visalia agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, sexual orientation, age, or disability.
ARTICLE 12 - CONFLICT OF INTEREST
Visalia covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement.
ARTICLE 13 - AUDIT; RETENTION OF RECORDS!
Visalia shall allow the authorized representatives of Exeter to inspect and audit all data and records of Visalia relating to performance under this Agreement. Such audit shall be allowed upon reasonable notice of Exeter. Further, Visalia shall maintain all required records for three (3) years after final payment under this Agreement and until all other pending matters are closed.
ARTICLE 14 - ACCESS TO RECORDS
Visalia agrees to provide Exeter or any of their authorized representatives access to any books, documents, papers, and records of Visalia, which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.
Visalia agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
ARTICLE 15-ATTORNEY'S FEES
In the event it is necessary to institute litigation to enforce any of the terms and conditions of this Agreement, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney's fees and costs incurred therein, as determined by the court.
ARTICLE 16 - NOTICE
All notices hereunder and communications with respect to this Agreement shall be effected upon the mailing thereof of registered or certified mail return receipt requested and addressed as follows:
7 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
FOR Visalia:
Animal Services Manager
29016 Highway 99
Visalia, CA93277
ARTICLE 17 - MODIFICATIONS
FOR Exeter:
City Administrator
137 North F Street
Exeter, CA 93221
Modifications to this Agreement shall be in writing signed by both parties, unless explicitly indicated otherwise herein.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.
CITY OF VISALIA CITY OF EXETER
Approved as to Form Approved as to Form
Exhibits:
A: SCOPE OF WORK
8 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet
SECTION 1 - SHELTERING
EXHIBIT "A"
SCOPE OF WORK
Visalia also referred to as "CONTRACTOR" shall perform the duties and accept the responsibilities set forth below in connection with its operation of animal sheltering services. It is the intent of the parties that Visalia shall provide all necessary services to shelter and care for animals delivered by or on behalf of Exeter to Visalia. This does not include services for the adoption of animals.
1.1 Sheltering - General
Visalia shall provide Exeter with animal care for the legally required holding periods, including Stray Hold, Current License and Microchip/Notice of Impound, Protective Custody, Vicious Hold, and Quarantine as required pursuant to Food & Agriculture Code Sections 17006 & Sections 30501-32003 and applicable City of Exeter Municipal Code provisions, as provided to Visalia by Exeter.
Below is a list of applicable required holding periods, after each of these holding periods there shall be an additional two-day holding period that the animal shall remain the responsibility or property of Exeter and during which time Visalia shall determine whether the animal shall be euthanized at the expense of Exeter or if Exeter will direct Visalia to retain the animal for an additional period. Exeter may instruct Visalia, in writing, to hold an animal after these designated time periods and in these instances the animal will remain the property of Exeter and held under this Agreement until Exeter provides alternative instructions to Visalia. Exeter may direct Visalia to hold all animals received from Exeter for designated periods. As stated under section 4.2 of this Agreement Exeter shall begin paying boarding costs after an animal has been held by Visalia for seven days, this period shall not begin until the day after the animal is received by Visalia.
Visalia may, if it determines that an animal could be adopted after the mandatory hold period, notify Exeter, in writing, and request that ownership of the specified animal be transferred to Visalia to facilitate adoption. Exeter, at its discretion, may transfer ownership of the animal to Visalia. Visalia is under no requirement to facilitate the adoption of any specific number of animals under this Agreement. Exeter and Visalia may agree to allow all animals that could be adopted to be transferred to Visalia without prior notice to facilitate adoption after the applicable holding period has passed allowing animals to be adopted. Visalia agrees to report any such transfers in the monthly report required below in Section 1.4.
Both parties agree to designate specific points of contact to deal with animal transfers.
Parties agree that written communications regarding animal transfers, hold periods, and adoptions under this Agreement may be made by e-mail between designated points of contact between the parties.
9 February 24, 2026 Regular Meeting of the Exeter City Council Agenda Packet