PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of July 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
2025 NOFA - Application - 1
Universal Application
Notice of Funding Availability CDBG, HOME, and Other Programs Part A Cover Page
Family Services of Tulare County N/A
SMXAN9P22M16 94-2897970
P.O. Box 429, Visalia, CA 93279-0429 www.fstc.net
Hannah Giles [email protected]
Karen Cosio Program Manager
744 E. Douglas, Visalia, CA
93292-3810
559-732-1970 559-604-8057 Karen Cosio
Hannah Giles CEO
1 1 Digital or wet signature accepted.
2025 NOFA - Application - 2
Part B - Agency / Organization Information
1) Describe the background / experience of the organization and particular staff members relevant to the proposed activity / project. Reference to previous successes as well as resolution to applicable challenges is encouraged (limit 500 words)
Family Services of Tulare County is a dedicated non-profit organization that has been a cornerstone & support for countless families 1983, over 41 years. We are located in the Central Valley of California & are committed to fostering a safer, healthier &more resilient community. Our mission is to provide support, education, and prevention services to individuals and families impacted by violence. and provide support to victims of domestic violence, sexual assault, and other trauma in rural, impoverished, and underserved communities. The agency has grown into the premier communitybased provider of direct services for victim and families throughout Tulare County. Our ultimate goal is to help children, adults, and families heal from violence and thrive in healthy relationships. Our comprehensive programs address critical needs such as domestic violence intervention, mental health support, child abuse prevention & housing assistance.
Services for domestic violence & sexual assault survivors have grown to include professional counseling with no-cost services for survivors & their children and support groups free of charge; Crisis response - emotional support, peer counseling, & safety planning for victims & their children, hospital support & advocacy, follow-up support, information and referrals to services such as Medi-Cal or other providers.
There is also shelter and transitional support, emergency & longer-term transitional housing in single family apartments, case management, financial empowerment training & child advocacy & enrichment activities for children. Through these initiatives, we empower individuals to overcome hardship & build a stable future.
In 2024, 231 individuals were housed through the supportive housing program.
The paid staff that will be involved have a combined 36 years of responsible and devoted experience working in the human services field. The Case Manager has over three years of Case Management experience, as well as extensive advanced education. She is a builder of relationships and establishes trust with clients and coworkers. And working collaboratively with local service providers to navigate proper services for individuals experiencing chronic homelessness. The Program Manager has over 20 years of experience performing all aspects of staff supervision, implementing direct services to direct populations, and overseeing housing programs.
Both CM and PM have experience managing CalAim program, locating housing and addressing barriers preventing housing.
respected & that they are in the best position to determine what will facilitate or compromise safety for them and their children. This means that any resource 2025 NOFA - Application - 3
accessed by a survivor is voluntary & not conditioned upon participation in other services or programs.
Family Services operates with a survivor-centered philosophy, prioritizing the autonomy of individuals seeking support. Their approach is based on the belief that survivors are best positioned to understand what will ensure or compromise their own & their children's safety. In alignment with this philosophy, access to resources provided by Family Services is entirely voluntary, meaning that survivors can utilize any available support without being required to participate in additional services or programs. This approach respects survivors' independence & promotes a supportive environment where they can make empowered decisions about their own well-being. 2) Explain the staffing and management plan with respect to implementing an effective and efficient activity / project (limit 500 words) To ensure the effective and efficient implementation of this project, a well-structured staffing and management plan has been developed, defining clear roles and responsibilities for key personnel. Our staff and management will be Providing support services to people experiencing homelessness within the City of Tulare. They will be Providing case management, client intake and placement, housing stabilization, and general administrative duties
The Program Supervisor will dedicate 5% of their time to this project, providing leadership, strategic direction, and oversight for the Supportive Housing Program, which serves homeless individuals and families through a trauma-informed approach.
Their responsibilities include monitoring service delivery to ensure program effectiveness, maintaining high-quality client support, and implementing best practices in service provision. They will facilitate regular team meetings to review cases, discuss challenges, and share strategies for continuous improvement while ensuring staff adherence to ethical guidelines, organizational policies, and industry standards.
Additionally, the Program Supervisor will oversee staff performance, ensuring compliance with program requirements and fostering a culture of professional development and accountability. They will also play a key role in identifying areas for growth and enhancement within the program, working to strengthen service delivery and maximize the impact of supportive housing efforts.
The Case Manager will allocate 25% of their time to the project, focusing on direct client services and program implementation. Their responsibilities include conducting both phone and in-person appointments to assess client needs, providing individualized counseling and case management, and maintaining accurate client records for compliance and reporting purposes. They will ensure that all grant 2025 NOFA - Application - 4
management requirements are met and that services align with funding guidelines.
The Case Manager will support clients in achieving their service plan goals, developing essential life skills, and working toward financial stability. Additionally, they will coordinate with community partners to connect clients with relevant resources, facilitate program activities that promote self-sufficiency, and contribute to a supportive service environment that fosters client well-being and long-term success.
This staffing structure ensures a streamlined, client-centered approach that promotes efficiency, accountability, and high-quality service delivery. By combining strategic oversight with hands-on case management, the team will effectively support participants in achieving long-term stability and self-sufficiency. 3) Describe current and anticipated financing, other than your funding / grant request, that will assist with personnel, operational, and/or other reasonable expenses associated with the proposed activity / project (limit 250 words) Family Services of Tulare County has been recognized by local and government agencies for its commitment to serving the community, earning awards that fully fund its housing program. In addition to grant funding, the organization secures financial support from various foundations and corporate partnerships, ensuring the sustainability and effectiveness of its services. These additional revenue streams help cover operational costs and provide direct assistance to clients, enhancing the impact of the housing program. As a nonprofit organization, Family Services of Tulare County follows a conservative, historically informed budgeting approach, carefully managing resources to maximize support for those in need. The agency relies heavily on both grant funding and foundation/corporate contributions to maintain and expand its programs, ensuring long-term stability and continued service to the community. 4) Describe of applicable program
regulations and provisions, particularly for CDBG and HOME Programs, within Title 24 CFR Part 570 and Title 2 CFR Part 200 including, but, not limited to, a) record-keeping, b) reporting, c) uniform administrative and program management standards, d) antidiscrimination, e) financial management, f) conflict of interest, and g) procurement methods (limit 250 words) 2025 NOFA - Application - 5
Our organization strictly adheres to Title 24 CFR Part 570 and Title 2 CFR Part 200, ensuring compliance with federal regulations governing Community Development Block Grant (CDBG) funds.
We maintain comprehensive record-keeping by documenting client eligibility, service delivery, financial transactions, and program outcomes to meet audit and monitoring requirements. Our reporting procedures align with federal and state mandates, ensuring timely and accurate submission of financial, performance, and compliance reports.
We follow uniform administrative and program management standards, implementing internal controls, staff training, and structured oversight to ensure efficiency and accountability. Antidiscrimination policies are strictly enforced, ensuring compliance with Title VI of the Civil Rights Act, the Fair Housing Act, and ADA requirements, guaranteeing equal access to services without discrimination.
Our financial management system follows cost allowability principles, proper fund allocation, and budgetary controls, ensuring transparency and preventing misuse of federal funds. We uphold conflict of interest policies, requiring staff, contractors, and board members to disclose any potential conflicts and recuse themselves from decision-making where necessary.
For procurement, we follow federal competitive bidding, cost reasonableness, and contract compliance standards to ensure fair and ethical acquisition of goods and services. All purchases comply with CDBG procurement methods, including micropurchases, sealed bids, and requests for proposals (RFPs) as applicable.
By adhering to these regulations, our organization ensures compliance, accountability, and efficiency, maximizing the impact of CDBG funds while maintaining transparency and ethical program management.
Part C Funding Request by Program
Community Development Block Grant (CDBG)
Total Application(s) Total Dollar Amount Requested
1 $ 33,000
2025 NOFA - Application - 6
HOME Investment Partnerships (HOME) Program
Total Application(s) Total Dollar Amount Requested
0 $ 0.00
Behavioral Health Bridge Housing (BHBH) Program
Total Application(s) Total Dollar Amount Requested
0 $ 0.00
GRAND TOTAL
Number of Applications Total Dollar Amount Requested
1 $ 33,000.00
2025 NOFA - Application - 7
Part D Supplemental Documentation
Select all attachments included.
Attachment 1 Organizational Chart with identification of staff (name and title) relevant to activity / project (Required)
Attachment 2 Most Recent Audited Financial Statement (Required) Attachment 3 Indirect Cost Rate Agreement with Federal Cognizant Agency (*Required if applicant seeks to charge an indirect cost rate greater than 10 percent of modified total direct costs)
Attachment 4 Job Descriptions and Resumes of staff who will manage and implement a proposed activity / project (Required)
Attachment 5 Download / Copy of complete budget workbook (Required)
2025 NOFA - Application - 8
Part E Activity / Program / Project Narrative
1) What is the objective(s) of the proposed activity / project? And, explain to determine
progress toward objective(s) (limit 500 words)
The Supportive Housing Program that we are proposing is designed to provide stable, long-term housing and comprehensive support services to homeless individuals and families. All participants are low-moderate income and must document a permanently disabling condition in addition to their homelessness history prior to acceptance into the program. Obtaining this service will end their homelessness and be able to improve their quality of life. They will be able to pursue their personal goals and have a better, fulfilling & stable life.
This program operates using a trauma-informed and client-centered approach, ensuring that participants receive the resources, guidance, and advocacy necessary to achieve housing stability, self-sufficiency, and overall well-being. The success of this program relies on the leadership of the Program Supervisor and the direct support provided by the Case Manager, each playing a vital role in the implementation and effectiveness of services.
In addition to the rental assistance, FSTC provides clients with case management, counseling, emergency assistance(i.e. food, clothing, personal needs, furniture, hygiene products, etc.) life skills, transportation assistance, and information and referrals.
Once a referral is received, it is assigned to the Case Manager who then sets up an intake appointment where personal information related to services will be input into our dedicated software system. The Case Manager then meets with the client to The CM meets with the client 1-2 times per month and contacts the client 2+ times per month as well. During this time period of searching for housing, the CM is also available to provide service linkage and refer the client to other social services as needed. Once housing is obtained, the CM works with the client to set up the movein process and have them then stabilize in their new home. Once that occurs, the CM conducts a 1-hour home visit each month in addition to two phone contacts. If the client needs something in- between the client may contact the CM to aid them.
The Client and the CM will also complete an ISP (Individual Service Plan) together addressing their physical, mental, and emotional wellbeing, personal goals towards housing stability, and economic self-sufficiency. This includes creation of 3 goals 2 that are short-term and 1 that is long-term. At each monthly meeting the CM will review goal status with the client and will record progress. Once a goal is completed another one is added to the plan as long as the clients are in the Permanent Supportive Housing Program. There are no specific time frames for achieving goals and are dependent on c
2025 NOFA - Application - 9
Studies show that clients in such programs feel greater autonomy, choice, and control. Most use optional supportive services, which increase participation in job training and education, reduce substance use and domestic violence, and lower hospitalization rates.
2) How does the proposed activity / project comply with the appropriate Program (CDBG, HOME, BHBH) objectives and requirements? (limit 250 words) Our staff possesses advanced education and extensive experience in case management and program supervision, making our program a strong fit for CDBG funding. We aim to provide comprehensive support, including case management, benefits enrollment, life skills training, and housing navigation, to assist unsheltered individuals low-moderate income individuals in achieving stability.
Our Case Manager and Program Manager play key roles in ensuring services directly benefit low- and moderate-income individuals. Case managers verify client eligibility based on income and housing status, maintain accurate documentation, and ensure services align with CDBG objectives of housing stability and self-sufficiency. The Program Manager oversees service delivery, monitors staff compliance with CDBG regulations, and ensures adherence to ethical and professional standards. Both positions require careful tracking of time and activities to ensure CDBG funds are used exclusively for eligible services, with detailed reporting for audits and grant compliance.
Maintaining financial compliance is critical, requiring strict adherence to cost allowability, procurement standards, and expenditure tracking to prevent fund misuse.
Supervisors implement quality control measures such as eligibility verification, internal and external audits, site visits, detailed staff time records, procurement oversight, outcome measurement, and performance reviews. Corrective action plans address any compliance issues and prevent future violations.
By adhering to these measures, our program ensures full compliance with CDBG regulations, delivering sustainable, high-impact services that support vulnerable populations while maintaining the highest levels of accountability and transparency in fund usage.
2025 NOFA - Application - 10
3) What, if any, challenges may the activity / project encounter? And, if any, how will the organization ensure effective and timely performance? (limit 250 words) Supportive housing programs depend on government grants, private donations, and community funding, which can fluctuate or face budget cuts, posing risks to program stability. To address this challenge, the organization prioritizes diversifying funding sources by securing federal and state grants, corporate sponsorships, and community fundraising efforts. Additionally, data-driven reporting is used to highlight program success, demonstrating measurable impact to ensure continued financial support. To maximize resources and maintain cost efficiency, the program leverages volunteers, fosters strategic partnerships, and utilizes shared community resources, allowing for sustainable service delivery and long-term program success.
Additionally, many clients struggle with mental health conditions and substance use disorders, often co-occurring, which can hinder their ability to maintain housing. The program implements a trauma-informed approach, provides mental health and substance use treatment services referrals and has trained case managers in crisis intervention and harm reduction strategies.
4)
proposed budget (limit 500 words)
Family Services of Tulare County allocated direct costs based upon FTE in project. Salaries are allocated based upon actual time spent on project as well as benefits. Part-time employees are exempt from any health care and retirement benefits . The average benefit costs for full-time
employees at Family Services of Tulare County is 25% of salaries. Direct expenses are charged directly to the project and include mileage, and client assistance to ensure that resources are appropriately allocated to the intended services.
In addition to Direct Expenses, Agency Costs/Operating expenses are charged based upon FTE in the grant to obtain a project cost share percentage. An example for this grant: .35 FTE full-time employees / 68 total employees = .5147% of project share.
Agency cost x project share = total project cost. Once the project share is determined, it is applied to agency-wide costs to allocate the appropriate portion to the grant. The percent of project share for rent and utilities is calculated based upon total number of FTE at said location divided by FTE directly charging to the grant, and a percent of project share is found.
Family Services of Tulare County uses an indirect cost rate of 10% de minis rate (modified total direct costs) defined in 2 CFR 200.68 as well as direct salaries, and 2025 NOFA - Application - 11
wages, applicable fringe benefits for employees that contribute to the program but are not efficiently tracked. This modified total direct cost (MTDC) rate covers certain indirect expenses, including direct salaries, wages, and applicable fringe benefits for employees who contribute to the program but whose efforts are not efficiently tracked to a specific project. This approach aligns with federal cost principles, allowing for reasonable and justifiable cost recovery while maintaining compliance with grant regulations.
5) (*Only for activities / projects serving people experiencing homelessness) a
part of the Kings-Tulare Continuum of Care and record of compliance with Coordinated Entry System policies, including data collection through the Homeless Management Information System and adoption of housing first and harm reduction principles (limit 500 words)
As a partner in the Kings/Tulare Homeless Alliance (KTHA), FSTC has assessment process to identify potential residents for the Housing projects using the Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT) to unify our eligibility processes. Potential residents are given access such as through a 2-1-1 hotline, a central assessment center, multiple Applicants may complete the standardized and comprehensive interview with any participating housing provider within the region. The assessment is then entered into the Homeless Management Information System (HMIS) and referrals are sent to FSTC as appropriate units become available. The process strives to be effective, accurate, informed, consistent, seamless, electronic, and participatory. With this referral process, we are able to provide permanent housing and supportive services for individuals who are homeless and have a disability so they can live independently.
Attachment 5:
Budget TemplateFamily Services of Tulare
County2025 NOFA
Organization Name:
$ 33,000.00
Staff Name Job Title Monthly Salary # of Months Total Salary % Charged to Grant Total OPEN POSITION Case Manager $ 4,038.00 12 $ 48,456.00 10% $ 4,845.60 Elizabeth Buckley Case Manager $ 3,577.00 12 $ 42,924.00 5% $ 2,146.20 Karen Cosio Program Manager $ 6,032.00 12 $ 72,384.00 10% $ 7,238.40 Sacarias Abila Facilities Assistant $ 2,405.00 12 $ 28,860.00 15% $ 4,329.00 Service Navigation $ 3,717.00 12 $ 44,604.00 2% $ 892.08 $ -
$ 19,451.28
$ 4,839.72
$ 24,291.00
Annual Cost % Charged to Grant Total
$ 50,000.00 0.51% $ 257.00
$ 29,321.00 0.51% $ 150.00
$ 117,600.00 1.42% $ 1,675.00
$ 93,647.00 0.61% $ 576.00
$ 84,738.00 0.51% $ 432.00
$ 36,000.00 1.75% $ 630.00
$ 64,049.00 0.51% $ 327.00
$ 26,762.00 0.51% $ 136.00
$ 315.00 100.00% $ 315.00
$ 45,350.00 0.51% $ 231.00
$ 16,560.00 0.51% $ 84.00
Technical Support Fees $ 149,680.00 0.51% $ 763.00
$ -
$ 24,291.00 10.00% $ 2,429.00
$ 8,005.00
Qty. Each Amount Total
3 $ 20.00 $ 60.00
2 $ 35.00 $ 70.00
12 $ 44.50 $ 534.00
10 $ 40.00 $ 40.00
$ -
$ 704.00
$ 33,000.00
Community Development Block Grant Funds 12 VOUCHERS
FY 2025-2026 THF Supportive Services
Family Services of Tulare County
Total Fringe Benefits
TOTAL PERSONNEL
OPERATING EXPENDITURES
Operating Expenditures
Budget Requested:
PERSONNEL EXPENDITURES
Total Salaries
Payroll Fees
Indirect Costs/Admin Cost Pool
TOTAL CLIENT EXPENDITURES
TOTAL EXPENDITURES
CLIENT EXPENDITURES
Bus Passes 3 households x $20
Client Expenditures
TOTAL OPERATING EXPENDITURES
Hygiene Kits 2 households x $35
Food Vouchers 1 clients/mo x $100 x 12
Gas Vouchers 10 x $40
Cellphone
Local Mileage
Audit Fees
Office Supplies
Equipment
Rent/Lease
Utilities
Insurance
Facilities Maintenance
Communication (telephone, internet,postage)
Funding Request / Budget Revised (see next page)
Funding Request / Budget Revised (see next page)
Organization Name:
$ 21,000.00
Staff Name Job Title Monthly Salary # of Months Total Salary % Charged to Grant Total Elizabeth Buckley Case Manager $ 3,577.00 12 $ 42,924.00 5% $ 2,146.20 Karen Cosio Program Manager $ 6,032.00 12 $ 72,384.00 10% $ 7,238.40 Service Navigation $ 3,717.00 12 $ 44,604.00 2% $ 892.08 $ -
$ 10,276.68
$ 4,839.72
$ 15,116.40
Annual Cost % Charged to Grant Total
$ 50,000.00 0.17% $ 85.00
$ 29,321.00 0.17% $ 49.85
$ 117,600.00 0.66% $ 776.16
$ 93,647.00 0.66% $ 618.07
$ 84,738.00 0.17% $ 144.05
$ 36,000.00 0.66% $ 237.60
$ 64,049.00 0.17% $ 108.88
$ 26,762.00 0.17% $ 45.50
$ 315.00 100.00% $ 315.00
$ 45,350.00 0.17% $ 231.00
$ 16,560.00 0.17% $ 84.00
Technical Support Fees - client software databse and managed IT $ 149,680.00 0.17% $ 763.00 $ -
$ 15,116.40 10.00% $ 2,425.49
$ 5,883.60
Qty. Each Amount Total
$ -
$ -
$ 21,000.00
Cellphone
Local Mileage - travel for clients miles x California rate established Audit Fees - required single file audit
Office Supplies
Equipment - copier mtn and lease
Rent/Lease Douglas Campus and Navigatio Center
Utilities -Electricity, Water and Gas
Insurance C & L Insurance
Facilities Maintenance minor building repairs, pest control, alarm Communication (telephone, internet,postage)
Payroll Fees
Indirect Costs/Admin Cost Pool (claiming less)
TOTAL CLIENT EXPENDITURES
TOTAL EXPENDITURES
CLIENT EXPENDITURES
Client Expenditures
TOTAL OPERATING EXPENDITURES
OPERATING EXPENDITURES
Operating Expenditures
Budget Requested:
PERSONNEL EXPENDITURES
Total Salaries
City of Tulare 12 VOUCHERS
FY 2025-2026 THF Supportive Services
Family Services of Tulare County
Total Fringe Benefits
TOTAL PERSONNEL
Revised / Current Funding Request as of June 2025
Revised / Current Funding Request as of June 2025
Family Services of Tulare County (FSTC) implements the Tulare Housing First II Program, a supportive housing initiative designed to assist homeless single adults in the communities of Tulare, Visalia, and Porterville. FSTC is a nonprofit agency that serves over 7,000 individuals annually and is dedicated to helping children, adults, and families throughout Tulare County heal from violence and build healthy relationships.
The Tulare Housing First II Program provides long-term rental assistance through scattered-site housing with private landlords. Following the Housing First model, individuals are placed into permanent housing without preconditions and may remain housed for an unlimited period while addressing personal challenges. These challenges may include mental health concerns, substance use disorders, medical conditions, financial instability, or life skills deficits. The program anticipates serving fifteen individuals during the upcoming renewal year.
FSTC enhances housing stability through a wide range of supportive services delivered on-site.
These services include comprehensive case management that helps clients develop individualized service plans and connect with resources that promote independence. Counseling is available for individuals, families, groups, and children, along with crisis care, outreach, and independent living support. Additional services include protection, transportation assistance, basic household goods and furnishings, access to food, and financial literacy programs. Clients are also referred to partner agencies for further support as needed.
Through the CalAIM program, FSTC also provides intensive case management to individuals with complex healthcare needs. This includes coordination of physical, mental, and dental healthcare, as well as connections to addiction treatment programs, social services, and life skills training. These wraparound services allow FSTC to offer whole-person care and address the unique needs of underserved populations.
FSTC is committed to promoting equity, inclusivity, and cultural competency throughout its services. The organization actively works to identify and address racial, ethnic, and gender disparities by collecting and analyzing demographic data through the Homeless Management Information System (HMIS) and an in-house database. This data-driven approach allows for the delivery of personalized care that meets the specific needs of diverse communities. Ongoing staff training in cultural awareness and diversity is also a critical component of FSTC’s approach, ensuring that both individual and institutional practices support a more inclusive and equitable environment.
Together, the City of Tulare and Family Services of Tulare County are dedicated to creating a safe, inclusive, and supportive community where all individuals have the opportunity to live, heal, and thrive. Family Services of Tulare County will use foundation/corporate funding to fully fund the clients served within the perimeters of the grant.
Summary of activity / program
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: Construction Contracts for Project EN0074 – Cross Avenue Improvements
RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to the construction of CIP Project EN0074 - Cross Avenue Improvement Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.
Task Description Contractor Amount
1. Construction
Contractor
99 Pipeline of Porterville, CA $1,320,761.56
2. Construction
Inspection
4 Creeks of Visalia, CA $314,350
3. Materials Testing Krazan of Clovis, CA $40,520
4. Construction
Surveying
4 Creeks of Visalia, CA $29,300
5. Labor Compliance Labor Consultants of California of Hanford, CA $15,300
SUMMARY
Capital Improvement Project EN0074 will reconstruct Cross Avenue from West Street to a point approximately 1,040 feet west of the intersection. The existing structural section of the roadway is substandard and will be increased to meet current design standards for a minor-arterial roadway. The project will also include the installation of sidewalk along the north side of Cross Avenue, improving pedestrian connectivity by eliminating an existing gap in sidewalk improvements between West Street and the Valley Estates subdivision located at the west end of the project limits. Storm drainage improvements, including installation of curb and gutter along the north side of the roadway, will improve surface water management by collecting and conveying runoff to the existing drainage basin located at the northeast corner of Cross Avenue and West Street.
A detailed breakdown of the construction contracts required for the subject project is as follows:
1. Construction Contract: 99 Pipeline
On June 19, 2025, (11) bids were opened from the Request for Bids #25-818, Cross Avenue Improvement Project. The bid opening results are attached. Bids ranged from $1,320,761.56 to $2,939,791.68. The bids were evaluated, and all were determined to be responsive to the requirements and instructions contained in the bid documents. The low bid of $1,320,761.56 submitted by 99 Pipeline is below the Engineer’s Estimate for the project, which was $1,500,000.
2. Construction Inspection: 4 Creeks
Given the high volume of projects across the city, both private and public, the City lacks the inhouse staff capacity to conduct the necessary construction inspection and project management activities for Project EN0074. Public improvement projects require this level of oversight to ensure contractor compliance with applicable standards, regulations and contract provisions. 4 Creeks of Visalia, CA, is included on the list of pre-qualified On-Call Construction Management, Resident Engineer, and Inspection Consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs within Item #: 7.6
Consent
the required timeframe for completing the project. 4 Creeks has reviewed the scope of this project and has proposed to perform construction inspection services on a time-and-materials basis, not to exceed $314,350, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and matches what the City has experienced on projects with similar scopes of work.
3. Material Testing: Krazan
While the project is under construction, it will be necessary to perform testing to ensure that materials and workmanship comply with City standards and contract provisions. The City does not have the necessary equipment or certified personnel to self-perform these tests, which include highly specialized laboratory work.
Krazan of Clovis, CA, is listed among the pre-qualified On-Call Geotechnical and Materials Testing consultants. Their proposal demonstrates that they have the skills, expertise, and resources necessary to meet the City’s requirements and deadlines for this project. Krazan has reviewed the project scope and proposes to perform the required services on a time-and-materials basis, not to exceed $40,520, in accordance with their on-call contract. This figure aligns with industry standards and is below the estimated cost for these services.
4. Construction Surveying: 4 Creeks
During construction, it will be necessary to provide construction staking so the Contractor has the essential locations and elevations to properly build the improvements. Survey services include field and office surveying and filing property corner records with the County of Tulare. As a professional service performed by a licensed surveyor, these services cannot be included in a competitively bid construction contract and therefore cannot be performed under the Contractor’s contract. Additionally, City staff does not have the professional qualifications or capacity to perform these services.
4 Creeks of Visalia, CA, is listed among the On-Call Construction Surveying consultants, and their proposal demonstrates that they possess the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the work on this project. 4Creeks has reviewed the project scope and proposes to perform the necessary services on a time-and-materials basis, not to exceed $29,300, in accordance with their on-call contract. This amount aligns with industry standards and what the City has experienced on projects with similar scopes of work.
5. Labor Compliance Monitoring: Labor Consultants of California This project is subject to Prevailing Wage requirements. To ensure proper wages are paid and accounted for the following, it will be necessary to perform labor compliance monitoring of contractors and consultants subject to these requirements. The prevailing wage requirements specified by state and federal law are ever-changing, making it extremely challenging to ensure that the City remains in compliance with each new project undertaken. Failure to adequately comply with requirements could jeopardize project funding, and the City’s eligibility for future funding.
Labor Consultants of California, based in Hanford, CA, is included on the list of pre-qualified OnCall Labor Compliance Monitoring consultants. The company has demonstrated in its proposal that it possesses the necessary skills, expertise, and resources to meet the City’s needs and timeframe for completing the project work. Labor Consultants of California has reviewed the project scope and proposes to perform the necessary services on a time-and-materials basis, not to exceed $15,300, in accordance with the provisions of their on-call contract. This amount aligns with industry standards and what the City has experienced on projects with similar scopes of work.
The City’s 2025-2030 Capital Improvement Program included Project EN0074 and identified estimated costs of $1,890,000 for the contract services identified above. The combined total of construction contract costs that Council is being asked to approve under this item is below that estimate at $1,720,231.56.
Therefore, no additional project funding appropriations would be required at this time.
Staff recommends awarding and authorizing the City Manager or their designee to sign contracts related to CIP Project EN0074 - Cross Avenue Improvement Project. Additionally, staff recommends authorizing the City Manager or their designee to approve contract change orders up to 10% of each contract's award amount.
FISCAL IMPACT & FUNDING SOURCES
The following funding sources were identified in the 2025-2030 Capital Improvement Program for Construction Phase costs for Project EN0074:
Fund 022 – Gas Tax (HUTA)
Fund 122 – Gas Tax (24/25 RSTP)
Fund 601 – Other General Fund CIP
ENVIRONMENTAL REVIEW
A separate item will be presented to Council on this agenda for the adoption of a resolution approving a California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project, and authorization for the City Manager or designee to file a CEQA Notice of Exemption.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The format of the proposed contracts has previously been approved as to form by the City Attorney, and any revisions/modifications would be subject to review and approval by the City Attorney prior to their execution.
PUBLIC NOTICE
This item does not require a public hearing and was included on the agenda.
ALTERNATIVE ACTION
1. Approve with changes - Direct staff to reduce the scope of the project, revise the design accordingly, and re-bid the project. It is anticipated that a reduced scope would result in lower bids, although additional design costs would be incurred.
2. Deny - Reject all bids received for Project EN0074 – Cross Avenue Improvements, and direct staff to re-bid the project. The hope is that lower bids will be received that fall within the City’s ability to fund the project.
3. Table - Reject all bids received for Project EN0074 – Cross Avenue Improvements, and direct staff to reprogram the project for construction in fiscal year 2026/2027 when additional funding is projected to become available.
ATTACHMENTS
1. Bid Schedule – 99 Pipeline
2. Construction Inspection Proposal – 4 Creeks
3. Materials Testing Proposal – Krazan
4. Construction Surveying Proposal – 4 Creeks
5. Labor Compliance Proposal – Labor Consultants of California
6. Bid Summary
Reviewed/Approved:
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
May 20, 2025
Mr. Dylan Chimienti
Project Manager
City of Tulare
411 E. Kern Ave.
Tulare, CA 93274
Subject: Cross Avenue Improvements, Public Works Inspection and Construction Management Services
Dear Mr. Chimienti,
Our understanding is that the City would like to utilize our services on a full-time basis to perform public works inspection services and part-time basis to perform construction management for the Cross Avenue Improvements project. Our understanding is that these services will be needed starting around the beginning of June 2025 and will continue for the 120-Working day duration of the construction contract. We expect the project will end around November 2025. Listed below is the scope of services that we anticipate performing for this project. Additionally, per your request, attached is a fee estimate for these services.
Task 1: Construction Management Services
• Our understanding is that the design team will be responsible for submittal review. We will distribute submittals to the design team and City staff and compile submittal comments to be returned to the contractor. We will track the status of all submittals. • Coordinate engineer response or respond to contractor Requests for Information. • Coordinate errors and omissions and unforeseen field issues with the Contractor and City and issue Field Change Directives as needed.
• Perform site visits to resolve unforeseen field issues. • Review materials testing reports and verify that materials comply with City of Tulare requirements.
• Review change orders and provide recommendations for City acceptance or rejection. • Review and process contractor Progress Payments.
• Perform daily coordination with the contractor as necessary to keep the project on schedule. • Lead weekly/bi-weekly construction meetings with the City and Contractor. Issue weekly/biweekly meeting minutes for the project. • Coordinate with the City project manager and other City staff. • Utilize the City’s CMIS program to manage the project documents. 324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Maintain electronic files in the format and order that the City prefers. • Meet with the City Project Manager to hand off project documents at the end of our scope of work.
We estimate that the Task 1 services can be provided for a Time and Materials Fee of $122,350.
Task 2: Public Works Inspection Services
• Inspect traffic control to make sure it complies with the City’s approved plan for the project. • Coordinate with the City’s project manager or directly with the materials testing company to schedule testing for the project. 4Creeks Inspector will be present for the testing done at the site.
• Verify that materials used on the project match the approved submittals. • Coordinate errors, omissions, and unforeseen field issues with the City project manager for resolution.
• Coordinate required building and special inspections and testing with City departments. • Perform Daily Inspections of the work performed by the contractor and record on the City’s standard documents and the CMIS program. Take pictures of construction progress. • Inspect contractor’s work throughout construction visually and using normal hand tools smart levels, soil probes, tape measures, measuring wheels, etc. • Construction Inspector will be on site full-time during this period to observe the construction improvements to verify compliance with City requirements. The only times the Inspector will not be onsite full-time will be when performing inspections on any other overlapping City projects. We anticipate there will be some overlap between projects. During this overlap period, 4Creeks also has another inspector in the area who will assist if inspections are needed at both projects at the same time.
• Perform field measurements to verify progress payment amounts. • Meet with the City project manager to hand off project documents at the end of our scope of work.
We estimate that the Task 2 services can be provided for a Time and Materials Fee of $192,000.
Contractor Responsibilities
• Our understanding is that the contractor is responsible for hiring 3rd party testers to complete all commissioning and testing activities.
• Completing all other tasks required by the contract documents.
City of Tulare Responsibilities
• Be involved during construction and provide clear and timely responses to owner related questions/issues that come up during construction.
• Be present at preconstruction meeting and weekly meetings. • Retain the design engineer to provide submittal review and assist with RFI review on an as needed basis during construction.
• Provide a project DIR number.
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Process invoices for all parties.
• Utilize their on-call lists to retain other subconsultant to perform work that is not in the 4Creeks scope of services.
Total Estimated Fee for Tasks 1 & 2 = $314,350.00
The above services will be billed on a Time and Materials basis in accordance with the on-call contract and attached fee schedule. We will not exceed the fee estimate without prior authorization or direction from the City.
Services Not Included in the Fee Estimate
• Materials Testing
• Building, Electrical and Special Inspections
• Labor Compliance
• Survey Staking
• Fees associated with the CMIS program
• Any work not specifically included in the scope of services While the services above are excluded from this fee estimate, 4Creeks would be happy to provide some of these services on an additional time and materials basis if the City needs assistance.
If you have any questions or need any additional information, please feel free to give us a call to discuss.
Sincerely,
David Dodson Matthew D. Ainley, PE 66233
Construction Manager Principal-In-Charge
Attached: Fee Estimate and Fee Schedule
Approval:
City Signature Date
Sr. Construction
Inspector
Sr. Construction
Inspector Prevailing
Wage
Construction
Inspector Overtime Project Engineer I
Associate
Construction Manager
Sr. Construction
Manager
Principal
Construction
Manager Subconsultant
Reimbursable
Expenses
$180 $205 $305 $95 $139 $196 $216 1.15 Fee Varies
Task 1 - Construction Management
Daily CM services. This task assumes that our CM will be working 5 hours per day for 120 working days.
Review contract documents 60 $11,760
Pre-construction Meeting & Preperation 20 $3,920
Maintain Submittal, RFI, & Change Order Logs 80 $15,680 Schedule, Submittal and RFI Review 80 $15,680
Weekly meetings 100 $19,600
Site Meetings with CM, Inspector & Contractor 50 $9,800 General Project Coordination 70 $13,720
Track Materials Testing and Special Inspections 30 $5,880 Review all Contractor invoices and change orders 80 $15,680 Project Punchlist & Closeout Items 30 $5,880
Admin Management Time 50 $4,750
$122,350
Task 2 - Construction Inspection
Daily Inspections. This task assumes that our Construction Inspector will be working 8 hours per day for 120 working days. This also assumes that 80% of this time will be prevailing wage and 20% of the time will be non-prevailing wage.
192 768
$192,000$192,000
$0$0
TOTAL: 192 768 0 50 0 600 0 0 0 $314,350
TOTAL
Cross Avenue Improvements Project Fee Estimate
Fee Breakdown
D. Dodson & M. Ainley
1 of 1
Effective January 29, 2025
4Creeks, Inc. Fee Schedule – Construction Management and Inspection Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are:
Classification Charges Per
Hour
Classification Charges Per
Hour
Construction Inspection:
(Non-Prevailing Wage) Project/Program Management:
Associate Construction Inspector $130 Project Manager III $199 Construction Inspector $165 Project Manager II $182
Senior Construction Inspector $180 Project Manager I $146 Project Engineer III $122
Construction Management Project Engineer II $105
Associate Construction Manager $139 Project Engineer I $95 Construction Manager $170
Senior Construction Manager $196 Executive:
Principal Construction Manager $216 Executive Level III $232 Executive Level II $211
Public Outreach Coordination Executive Level I $191
Associate Outreach Coordinator $108
Outreach Coordinator $129
Prevailing Wage Rates:
Classification Charges Per
Hour
Classification Charges Per
Hour
Construction Inspection:
(Prevailing Wage)
Land Surveying (Prevailing Wage)
Cont’d.
Construction Inspector $170-$205 3-Man Survey Crew – Tulare County $395 Construction Inspector – Over Time $220-$305 3-Man Survey Crew – Fresno County $395 Construction Inspector – Double Time $260-$325 3-Man Survey Crew – Kings County $395 3-Man Survey Crew – Kern County $395
Land Surveying (Prevailing Wage) 3-Man Survey Crew – Merced County $395 1-Man Survey Crew – Tulare County $200
1-Man Survey Crew – Fresno County $200
1-Man Survey Crew – Kings County $200
1-Man Survey Crew – Kern County $200
1-Man Survey Crew – Merced County $200
2-Man Survey Crew – Tulare County $300
2-Man Survey Crew – Fresno County $300
2-Man Survey Crew – Kings County $300
2-Man Survey Crew – Kern County $300
2-Man Survey Crew – Merced County $300
Direct Charges
At cost plus fifteen percent (15%):
Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing Equipment rentals, subcontractors, self-performing work, laboratory analyses Website Hosting Fees: $15/mo. | $150/annual
Build
GE O TECHNICAL ENGINEERING ENVIRONMENTAL ENGINEERING CONSTRUCTION TESTING AND INSPE CTI ONS With Offices Serving the Western United States
215 W. Dakota Avenue Clovis, CA 93611 559-348-2200 Fax 559-348-2201 www.krazan.com June 16, 2025 KA Proposal No. T25396CAF
Mr. Dylan Chimienti
City of Tulare
411 E. Kern Avenue
Tulare, California 93274
O: (559) 684-4214
Email: [email protected]
RE: SPECIAL INSPECTION & MATERIALS TESTING ESTIMATE
City of Tulare Cross Ave Improvements
Cross Avenue and West of West Street
Tulare , California
Dear Mr. Chimienti:
Krazan & Associates, Inc. (Krazan) appreciates the opportunity to submit this proposal for testing and inspection for the City of Tulare Cross Ave Improvements project.
The following preliminary estimate is based on our experience with similar construction and a review of the provided plans. As more information becomes available, such as the contractor’s construction schedule, we would be happy to revise the project estimate. Variances in the actual schedule may occur during the project and may affect the total cost for our testing and inspection services. Please refer to the attached estimate for further information.
Again, we appreciate the opportunity to submit this estimate and we believe you will be pleased with the selection of our firm. The following pages include the anticipated scope of work, hourly rates and estimate of costs for our services, general conditions, and contract. If you have any questions, or if we can be of further assistance, please do not hesitate to call our office at 559-348-2200.
The following items are included as an Attachment:
Attachment A – Budget Estimate
Attachment B – Agreement for Engineering Consulting Services, Construction Observation, & Materials Testing Services (Pages 1 – 8)
Respectfully submitted,
KRAZAN & ASSOCIATES, INC.
Ian G. Beatty
Project Manager
Testing & Inspection Division
City of Tulare, Cross Avenue Improvements KA Proposal No. T25396CAF
QUALITY ASSURANCE TESTING & INSPECTIONS
TESTING & INSPECTION
No. Days No. Units Unit Rate Cost
Building Pad Compaction Testing 0 2 $120.00 $0.00
Utility Line Trench Backfill Compaction Testing 15 4 $120.00 $7,200.00 Pavement Area Sugrade Soil Compaction Testing 15 4 $120.00 $7,200.00 Pavement Area Aggregate Base Compaction Testing 10 2 $120.00 $2,400.00 Asphalt Batch Plant Sampling 5 4 $75.00 $1,500.00
Asphalt Compaction Testing 5 8 $120.00 $4,800.00
Asphalt Compaction Testing (Overtime) 5 4 $180.00 $3,600.00 Misc. Subgrade Soil Compaction Testing 10 2 $120.00 $2,400.00 Soil/Agg Base Sample Pickup 6 2 $75.00 $900.00
Concrete Inspection and Sampling 10 2 $115.00 $2,300.00 Masonry Inspection and Sampling 0 4 $125.00 $0.00
Epoxy/Achor Bolt Inspection 0 2 $120.00 $0.00
Welding / Bolting Inspection 0 4 $125.00 $0.00
Project Management 4 1 $100.00 $400.00
Report Preparation 4 1 $55.00 $220.00
Registered Civil Engineer Review 2 1 $125.00 $250.00
$33,170.00
Laboratory Testing No. Units Unit Rate Cost
Soil Maximum Density Proctor (per material) 6 $200.00 $1,200.00 Aggregate Base Maximum Density Proctor (per material) 1 $200.00 $200.00 Aggregate Base Class 2 Suitability Testing (Gradation, SE, R-value, Durability) 0 $695.00 $0.00 Asphalt Production Startup Evaluation 0 $2,800.00 $0.00 Asphalt Oil Content by Ignition Oven 8 $225.00 $1,800.00 Asphalt Theoretical Specific Gravity/Air Voids 5 $300.00 $1,500.00 Aphalt Hamburg Wheel Tracker 0 $1,800.00 $0.00
Asphalt Aggregate Gradation 8 $175.00 $1,400.00
Asphalt Aggregate Sand Equivalent 0 $75.00 $0.00
Concrete Compressive Strength (per set of 5) 10 $125.00 $1,250.00 Masonry Compressive Strength (per set of 5) 0 $125.00 $0.00 $7,350.00
$40,520.00
Krazan Quality Assurance Testing Estimate
Inspection Labor Subtotal
Laboratory Subtotal
TOTAL ESTIMATED QUALITY ASSURANCE COSTS:
KRAZAN and Associates, Inc.
City of Tulare Cross Ave Improvements
1. 2.
3. 4.
5. 6.
7. 8.
9. Services initiated between the hours of 7:00 a.m. and 3:30 p.m. for Regular, non-PW projects, and between 4:00 AM and 2:00 PM for Prevailing Wage projects,will be performed at the standard rates presented in the PROPOSAL and Fee Schedule. Services initiated outside of these hours will be billed at the appropriate rate plus a premium of 12.5 percent. Services rendered in excess of 8 hours (up to 12 hours) on any week day and on Saturdays will be billed at time and a half the hourly rate. Services rendered in excess of 12 hours on any weekday, on Holidays, on Sundays, or in excess of 8 hours on Saturdays or will be charged at double the hourly rate.
Authorization:
We have provided our standard form of agreement with this proposal. Please note that the terms and conditions of the agreement are an integral part of our proposal and fee structure. Please initial, sign and return the agreement to us as our authorization to proceed. Upon receipt, we will execute the contract and return a signed original for your files.
Should we be requested to start work prior to our receipt of a mutually acceptable signed contract, with the request received through email or oral communication, and our subsequent start of work, will constitute your express or implied acceptance of the terms and conditions of our attached Agreement.
In the event that a Purchase Order will be issued as part of the authorization process for us to proceed, the Purchase Order must specifically incorporate this proposal by reference. By issuing a Purchase Order authorizing our services, it is agreed that the terms of the Purchase Order shall be null and void even where stated otherwise on the Purchase Order and that the terms of the attached agreement shall prevail.
KA Proposal T25396CAF
FEE STRUCTURE
We will perform the services listed above on a time and material basis in accordance with our 2025 standard rate schedule. A detailed breakdown of this cost estimate is attached as Attachment A. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan & Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the quantities listed in our cost estimate should be considered approximate.
The estimate provided herein does not imply a lump sum fee, not-to-exceed fee or a guaranteed maximum price.
Consistent with good engineering practice, we will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined and quantified.
COORDINATION
Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates. A price list for these services will be provided upon request.
Services will be performed on a “time and materials” basis. Any total estimates provided are merely estimates and are not a guaranteed maximum price. A two (2) hour minimum charge applies to all inspection services. All inspections performed will be billed on a portal to portal basis unless specifically noted otherwise. Twelve (12) hours notice of cancellation required on all jobs.
Inspections which are cancelled with less than twenty-four (24) hours’ notice, or after an inspector has been dispatched to the project site, will be charged the minimum fee associated with the type of inspection or testing requested.
All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed.
Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate.
Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after specimens are cast) and protection of concrete test specimens on site.
The stated labor rates Do reflect the current General Prevailing Wage Determination made by the State of California Director of Industrial Relations Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. Determination : NC-63-3-9-2024-1, dated August 22, 2024.
KRAZAN and Associates, Inc. KA Proposal # TI 396-25
CA COMT 2025.1.1 Page 1 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial
AGREEMENT FOR ENGINEERING CONSULTING SERVICES,
CONSTRUCTION OBSERVATION AND MATERIALS TESTING SERVICES THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, with its principal office located at 215 West Dakota Avenue, Clovis, California, 93612, hereinafter referred to as “Consultant”, and City of Tulare, whose principal address is 411 E. Kern Avenue, Tulare, California 93274, hereinafter referred to as “Client.” This Agreement between the parties consists of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled “City of Tulare Cross Ave Improvements,” file number T25396CAF, dated June 16, 2025 (“PROPOSAL”), and any exhibits or attachments cited in the PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Clovis, CA, is effective as of the date this Agreement is countersigned by Krazan & Associates, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier. Scheduling of Consultant’s Services by Client or Client’s agent or designee will constitute Client’s acceptance of these terms and conditions.
WITNESSETH, that the parties hereto, in consideration of the mutual promises and benefits flowing to each of the parties hereto as hereinafter stated, do mutually agree as follows:
1. DEFINITIONS
1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including amendments, supplementary instructions, and change orders.
1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to construct the Project for which Consultant is providing Services under this Agreement.
1.3. Day(s). Calendar day(s) unless otherwise stated.
1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to, those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous materials, toxic substances or pollution.
1.5. Services. The professional services provided by Consultant as set forth in this Agreement, as included in Consultant’s PROPOSAL and any written Purchase Orders, Service Orders, Task Orders or Work Orders, and Change Order or amendment to this Agreement, and Consultant’s professional services as scheduled by Client’s Contractor through oral or written communication.
1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the project in accordance with the approved plans and specifications, and building code requirements.
1.7. Fee Schedule. Consultant’s standard annual fee schedule.
1.8. Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant’s professional judgment, general requirements.
1.9. Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of materials.
1.10. Governmental Agencies. All federal, state and local agencies having jurisdiction over the Project.
1.11. Proposal. Document issued by Consultant identifying the Client, Project, Scope of Services, Fee Structure (Fixed Fee or Time-and-Materials) the Fixed Fee or in the case of Services provided on a time-and-materials basis the estimated cost of services, including estimated quantities and unit rates.
2. SCOPE OF SERVICES
2.1. Basic Services. Consultant will perform the Scope of Services set forth in the project-specific Proposals along with any additional services requested by Client’s Project Manager or Site Representative.
2.2. Optional Services / Additional Services. Consultant’s Proposal may include the performance of optional services as identified in the project-specific Proposal which will require specific written authorization by Client. In the absence of specific authorization to proceed with optional services when listed, said services will not be performed. Client expressly waives any claim against Consultant resulting from its failure to perform Optional or Additional Services recommended to Client that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.
2.3. Changes in Scope. If Consultant provides Client with a written notice of a change in the Proposal or the Services, it will become an amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Consultant on the Project, whether requested and/or authorized by Client by oral or written communication, are subject to the terms and limitations of this Agreement. If Services are performed, but the parties do not reach agreement concerning modifications to the Proposal, Services or compensation, then the terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning modifications to scope or compensation pursuant to Article 15, “Disputes.”
2.4. Changes in Schedule. Because of the uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and are subject to revision unless otherwise specifically stated in the Proposal.
2.5. Licenses. Consultant will procure and maintain business and professional licenses and registrations necessary to provide its Services.
2.6. Sampling, Inspection & Test Locations, Site Protection. Unless specifically stated otherwise, the Scope of Services does not include surveying the Site or precisely identifying sampling, inspection or test locations, depths or elevations. Sampling, inspection and test locations, depths and elevations will be based on field estimates and information furnished by Client and its representatives.
Unless stated otherwise in the report, such locations, depths and elevations are approximate. Consultant will take reasonable precautions to limit damage to the Project Site or Work due to the performance of Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include repair of such damage unless specifically stated in the Proposal.
2.7. Excluded Services. Consultant’s Services under this Agreement include only those Services specified in the Proposal, and those services subsequently requested by Client and agreed to by Consultant. Client expressly waives any claim against Consultant resulting from its failure to perform recommended additional Services that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not to perform.
2.8. Construction Phase Services.
CA COMT 2025.1.1 Page 2 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial
2.8.1. Scheduling. Client or their designated agent shall cause all required tests and inspections of the site, materials and work performed by their Contractor to be scheduled no less than one full work day prior to the time when Consultant is to perform their scheduled tests or inspections. No claims for loss, damage or injury shall be brought against Consultant by Client or any third party for tests or inspections not performed due to inadequate scheduling notice provided to the Consultant by Client.
2.8.2. Authority of Consultant. Consultant will report observations and data to the Client and the General Contractor.
Consultant will report any observed work to the Client or Client’s representative, which, in Consultant’s opinion, does not conform with plans, specifications, and codes applicable to the Project. Consultant has no right or responsibility to approve, accept, reject, or stop work of any agent of the Client. Consultant is not responsible for Contractor’s means, methods, techniques or sequences during the performance of its Work. Consultant will not supervise or direct Contractor’s Work, or be liable for any failure of Contractor to complete its Work in accordance with the Project’s plans, specifications and applicable codes, laws and regulations. Consultant does not warrant or guarantee that all of the Work performed by Contractor meets the requirements of the approved plans and specifications for such Work or the Consultant’s recommendations. Consultant shall not be responsible for job site safety or the evaluating and reporting of job conditions concerning health, safety or welfare. No action of Consultant or Consultant’s representative can be construed as altering any Agreement between the Client and others. Consultant has no right to reject or stop work of any agent of the Client. Such rights are reserved solely for the Client.
2.8.3. Contractor’s Responsibilities. Contractor has sole responsibility for the means, methods, techniques or sequences during the performance of its Work. Client understands and agrees that Contractor, not Consultant, has sole responsibility for completion of the Work in accordance with the approved plans and the building code requirements, and for the safety of persons and property at the Project Site.
2.8.4. Review of Contractor’s Submittals. If included in the Scope of Services, Consultant will review and take appropriate action on the Contractor’s submittals, such as shop drawings, product data, samples, and other required submittals. Consultant will review such submittals solely for general conformance with Design Consultant’s design, and will not include review for the following, all of which will remain the responsibility of the Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination among trades; or construction safety.
2.8.5. Site Meetings & Visits. When providing geotechnical engineering services during the construction phase of the project, Consultant will participate in job site meetings as requested by Client, and, unless otherwise requested by Client, visit the site at times specified in the Proposal or, if not specified in the Proposal, at intervals as Consultant deems appropriate to the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical aspects of the Work. Based on information obtained during such visits and on such observations, Consultant may inform Client of the progress of the geotechnical aspects of the Work. Client understands that Consultant may not be on site continuously; and, unless expressly agreed otherwise, Consultant will not observe all of the Work. Consultant will report any observed geotechnical related Work to the Client which, in Consultant’s professional opinion, does not conform with plans and specifications.
2.8.6. Variation of Material Characteristics and Conditions. Observations and standardized sampling, inspection and testing procedures employed by Consultant will indicate conditions of materials and construction activities only at the precise location and time where and when Services were performed. Client recognizes that conditions of materials and construction activities at other locations may vary from those measured or observed, and that conditions at one location and time do not necessarily indicate the conditions of apparently identical material(s) at other locations and times. Services of Consultant, even if performed on a continuous basis, should not be interpreted to mean that Consultant is observing, verifying, testing or inspecting all materials on the Project.
Consultant is responsible only for those data, interpretations, and recommendations regarding the actual materials and construction activities observed, sampled, inspected or tested, and is not responsible for other parties' interpretations or use of the information developed. Consultant may make certain inferences based upon the information derived from these procedures to formulate professional opinions regarding conditions in other areas.
2.8.7. Tests. Tests performed by Consultant on finished Work or Work in progress are taken intermittently and indicate the general acceptability of the Work on a statistical basis. Consultant’s tests and observations of the Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements.
2.8.8. Certifications. Client agrees not to require that Consultant execute any certification with regard to Services performed or Work tested and/or observed under this Agreement unless: 1) Consultant believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2) Consultant believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Consultant has reviewed and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Consultant is limited to an expression of professional opinion based upon the Services performed by Consultant, and does not constitute a warranty or guarantee, either express or implied.
2.8.9. Final Report. At the conclusion of Construction Phase Services, Consultant will provide Client with a written report summarizing the tests and observations, if any, made by Consultant. Issuance of the Final Report is contingent on payment in full by Client for all undisputed invoices and services provided by Consultant.
3. PAYMENTS TO CONSULTANT
3.1. Basic Services. Consultant will perform its Services on either a Lump Sum/Fixed Fee or Time-and-Materials/Time-andExpense basis as identified in the PROPOSAL.
3.2. Additional Services. Any additional services performed under this Agreement, including increased hours or units for those services expressly identified in the attached PROPOSAL, and any additionally requested inspection and/or testing tasks, will be provided on a Time-and-Materials basis at the rates established for the project, above and beyond any prior quoted estimate, not-to-exceed or lump sum fee unless otherwise specifically agreed to in writing by both parties.
3.3. Estimate of Fees. Consultant will, to the best of its ability, perform the Services and accomplish the objectives defined in this Agreement within any written cost estimate provided by Consultant. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful completion of Services within the estimated cost. In particular, construction materials testing and inspection or observation services are highly dependent on contractors’ schedules, weather, overlapping of work and many other factors. Client recognizes that changes in scope and schedule, and unforeseen circumstances, Contractor performance CA COMT 2025.1.1 Page 3 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial and production of the Work can all influence the successful completion of Services within the estimated cost. The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be completed for that amount; Consultant’s Services shall continue on a time and expense basis to completion of the required Services unless directed otherwise by Client. Furthermore, where a provision of a “not to exceed” limitation is included in the proposal it is not a guarantee that the Services will be completed for that amount; rather, it indicates that Consultant will not incur fees and expenses chargeable to Client in excess of the “not to exceed” limitation amount without notifying Client in writing that the “not-to-exceed” amount has been reached and that Services will continue on a Time-and-Materials basis unless directed by Client to discontinue any further Services.
3.4. Rates. Client will pay Consultant at the rates set forth in the PROPOSAL and in accordance with Consultant’s annual Fee Schedule. Rates presented in the Fee Schedule and those presented in project-specific Proposals shall be considered to be the Standard Rates. Rates are subject to annual cost of living adjustment.
3.5. Basis of Charges for Construction Phase Services.
3.5.1. Billing Increments. A three (3) hour minimum, portal to portal charge per call, applies to all Consultants services.
Services beyond the initial minimum billing increment will be billed in increments of one (1) hour for the first 8 hours and at increments of one hour thereafter for each day’s Services for each assigned technician, unless modified in a project-specific proposal.
3.5.2. Billing Rate Premiums For Services in Northern California. Services initiated between the hours of 4:00 a.m. and 2:00 p.m. will be performed at the standard rates presented in the PROPOSAL and annual fee schedule with inclusion of rate premiums for weekends and holidays. Services initiated outside of these hours will be billed at the appropriate rate plus a shift differential premium of fifteen (15) percent.
3.5.3. Billing Rate Premiums For Services in Southern California. Services provided before 6:00 a.m. and after 5:00 p.m. on weekdays are subject to overtime rates.
3.5.4. Billing Rate Premiums - Overtime. Services rendered in excess of 8 hours on any weekday (excluding holidays) and up to 8 hours on Saturdays will be billed at one and one-half times (x 1.5) the standard hourly rate. Services rendered in excess of 12 hours on any weekday, in excess of 8 hours on a Saturday, on Sundays or holidays will be billed at double (x 2) the standard rate.
3.5.5. Late Cancellation. All cancellations without at least 4 hour notice of cancellation will be subject to the minimum charge per technician per day canceled. Notice of cancellation must be received by our office during our office hours of 8:00 am to 4:00 pm Monday through Friday (excluding holidays) and cannot be left on the voice mail system.
3.6. Changes to Rates. Client and Consultant agree that the rates presented in the PROPOSAL and the Fee Schedule are applicable only through December 31 of the year published for non-prevailing wage projects and through June 30 for California Prevailing wage projects, unless stated otherwise in the PROPOSAL. Rates are subject to periodic review and amendment, as appropriate to reflect Consultant’s then-current fee structure. Unless otherwise provided for in the Proposal, where non-prevailing wage projects are on-going beyond December 31 of the year the services were initiated, the rates presented in the Proposal and Fee Schedule are subject to an annual cost of living adjustment of not less than four percent (4%) or based on the consumer price index for the geographic area where our services are being provided, whichever is greater. Notwithstanding the foregoing, where Prevailing Wage regulations apply, Consultant’s labor rates are subject to revision based on determinations made by the governing agency. Prevailing Wage rates are subject to annual increases effective July 1. Where labor rates are increased during the course of the project, Consultant’s billing rates presented in the Proposal and the Fee Schedule shall be increased proportionally with respect to any mandated labor and/or employer payments rate increases unless otherwise stipulated in the Proposal. In the event that the cost of fuel increases 10 percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant. Consultant will give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth under Article 14, “Termination.”
3.7. Prevailing Wage. The rates presented in the PROPOSAL and Fee Schedule are not applicable for projects where Prevailing Wage or other collective bargaining labor and benefits rates apply unless so specifically stated. Unless Client specifically informs Consultant in writing at the time of request for a proposal or scheduling of services that prevailing wage regulations apply to the Project and Consultant confirms the inclusion of Prevailing Wage rates in the project-specific Proposal, Client will reimburse, defend, indemnify and hold harmless Consultant from and against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including but not limited to all added labor costs, administrative costs, fines and attorneys’ fees.
3.8. Expenses. Miscellaneous out-of-pocket charges, drilling permits, parking, air fare, car/equipment rental, mailing, shipping, subcontractor charges, etc., will be charged on a cost plus twenty percent (20%) o basis. On remote jobs or at remote fabrication facilities, subsistence, when not furnished, will be an additional charge.
3.9. Payment Timing; Late Charge. Consultant will invoice Client periodically, but no more frequently than every two (2) weeks.
All invoices are due and payable upon receipt. Upon Consultant’s approval of Client for 30-day payment terms Client shall pay undisputed portions of each progress invoice within thirty (30) days of the date of the invoice. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute. The parties will immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the invoice amounts shall be presumed to be correct and the balance as stated on the invoice shall be paid. Consultant reserves the right to apply payments to Client’s outstanding invoices from oldest to most recent, regardless of project or invoice designation on checks received. All amounts unpaid when due will include a late payment charge from the date of the invoice, at the rate of 2.0% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice is paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges and then to the unpaid principal amount. Consultant reserves the right to require payment in full on any and all invoices on Client’s account regardless of project prior to releasing field notes, laboratory test data, photographs, analyses and/or reports.
All undisputed amounts due to Consultant by Client shall be paid in full prior to Consultant’s release of final reports or other required forms of certified or verified reports. If the account becomes delinquent, the Client will reimburse Consultant for all time spent and CA COMT 2025.1.1 Page 4 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial expenses (including fees of any attorney, collection agency, and/or court costs) incurred in connection with collecting any delinquent amount. Consultant shall not be bound by any provision or agreement conditioning Consultant’s right to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys’ fees, court costs, and other related expenses shall be paid to the prevailing party. Client’s failure to pay Consultant when due the failure to pay will constitute a substantial failure of Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered, Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a material breach of this Agreement. If the Client requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice may be charged plus $1 per page of back-up data.
4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES
4.1. Professional Standards/Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant will perform its Services in a manner consistent with the professional standard of care defined as the ordinary and reasonable care usually exercised by other professional consultants providing similar services on the same type of project, in the same geographic locale, under similar circumstances and conditions at the time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this Agreement or any report, opinion, document, or other instrument of service.
4.2. Level of Service. Consultant offers different levels of construction observation, inspection and materials testing services to suit the desires and needs of different clients. Risks associated with construction defects can never be eliminated; however, more detailed and extensive observations, inspections and testing services yield more information, but at increased cost. It is for these reasons that Client must determine the level of Services adequate for its purposes. Client’s signing of this Agreement is confirmation that Client has reviewed the Proposal and has determined that it does not need or want a greater level of Services than that specifically identified in the Proposal.
4.3. No Warranty. Client recognizes the inherent risks connected with site development and construction activities, and understands when signing that those risks are not entirely eliminated through the services of Consultant. Client also recognizes that site conditions may change with time, conditions may vary from those encountered at the times when and locations where the data are obtained, despite the use of due professional care. Therefore, in signing this Agreement the Client understands that Consultant is not providing a warranty or assurance as to the surface and subsurface conditions throughout the site, the performance of the structure(s) or the project in general, or strict adherence to approved project plans and building code requirements. Client recognizes and agrees that Consultant’s tests and observations of the site conditions or Work are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements. This Agreement neither makes nor intends a warranty or guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant.
5. CLIENT’S RESPONSIBILITIES
In addition to payment for the Services performed under this Agreement, Client agrees to:
5.1. Cooperation. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant’s performance under this Agreement.
5.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate Client’s policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative will be subject to change by written notice.
5.3. Rights of Entry. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Consultant will operate with reasonable care to minimize damage to the Project Site(s) and any improvement located thereon. However, Client recognizes that Consultant’s operations and the use of investigative equipment may unavoidably alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not included in the fee unless otherwise stated in the Proposal. If Client desires or requires Consultant to restore the site to its former condition, upon written request Consultant will perform such additional work as is necessary and Client agrees to pay to Consultant the cost thereof.
5.4. Relevant Information. Supply Consultant with all information and documents in Client’s possession or knowledge which are relevant to Consultant’s Services. Client warrants the accuracy of any information supplied by it to Consultant, and acknowledges that Consultant is entitled to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property, Client will notify Consultant of any known, potential or possible health or safety hazards existing on or near the Project Site, to be tested, including its intended use, chemical composition, relevant MSDS, manufacturers’ specifications and literature, and any previous test results.
5.5. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title to the property on which the Project is located and the Client and/or Owner’s interest therein, and the identity and address of any construction lender.
6. CHANGED CONDITIONS
If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement (“Changed Conditions”), Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the terms and conditions of this Agreement. If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice, Consultant may terminate this Agreement and be compensated as set forth in Article 14, “Termination.”
7. ALLOCATION OF RISK
7.1. Limitation of liability. The total cumulative liability of consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “consultant entities”), to client and its successors and assigns, and all parties included as additional insured on consultant’s insurance policies and all of their respective shareholders, directors, officers, employees and agents (collectively “client entities”) arising from or relating to services under this agreement, including attorney’s fees due under this agreement, will not exceed the gross compensation received by consultant under this agreement or CA COMT 2025.1.1 Page 5 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial one hundred thousand dollars ($100,000.00) , whichever is greater; provided, however, that such liability is further limited as described below. This limit is an aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing, agreed to and signed by authorized representatives of the parties. This limitation applies to all lawsuits, claims or actions that allege errors or omissions in consultant’s services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon client’s written request, consultant and client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in consultant’s fee, provided that they amend this agreement in writing as provided in Article 16. Consultant entities and client entities also agree that the client entities will not seek damages in excess of the limitations indirectly through suits with other parties who may join consultant as a third-party defendant.
7.2. Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents (collectively “Consultant Indemnitees”) from and against any and all claims, suits, liabilities, damages, expenses (including without limitation reasonable attorney’s fees and costs of defense) or other losses (collectively “Liabilities”) caused or alleged to be caused by the negligence or willful misconduct of Client, its design consultants and contractors, and their respective employees, agents and/or subcontractors. In addition, except to the extent caused solely by Consultant’s negligence, Client waives any claim against Consultant, and to the maximum extent permitted by law, expressly agrees to defend, indemnify and hold harmless Consultant Indemnitees from and against any and all Liabilities, arising from or related to the existence, disposal, release, discharge, treatment or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the presence, discharge, disposal, release of or exposure to Hazardous Material.
7.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement.
7.4. Continuing Agreement. The provisions of this Article 7, “Allocation of Risk,” will survive the expiration or termination of this Agreement. If Consultant provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the provisions of this Article 7 will apply to such Services as if the parties had executed an amendment.
7.5. No Personal Liability. Client and Consultant intend that Consultant’s Services will not subject Consultant’s individual employees, officers or directors to any personal liability. Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive remedy to direct or assert any claim, demand or suit only against the business entity identified as “Consultant” on the first page of this Agreement.
8. INSURANCE
8.1. Consultant’s insurance. Consultant carries statutory workers’ compensation and employer’s liability insurance with limits of $1,000,000 each accident and policy; commercial general liability (CGL) insurance for bodily injury and property damage with limits of $1,000,000 each occurrence and $2,000,000 general aggregate; automobile liability (AL) insurance, including liability for all owned, hired and non-owned vehicles with limits of $1,000,000 combined single limit (each accident); and professional liability insurance with limits of $1,000,000 per claim and annual aggregate. Certificates of insurance can be furnished upon written request but may not be processed unless accompanied or preceded by a signed agreement. Client agrees not to withhold payment to Consultant for Client’s failure to make such a timely request and such requests may not be honored if made after final completion of authorized services. Waiver of subrogation and additional insured endorsements are not included. Inclusion of these endorsements for CGL and AL will be will be considered and may be provided for an additional administrative fee. Consultant assumes the risk of damage caused by Consultant’s personnel to Consultant’s supplies and equipment.
8.2. Contractor’s Insurance. Client shall require that all Contractors (including Client when applicable) and subcontractors for the Project to name Consultant as an additional insured under their General Liability and Automobile Liability insurance policies. Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the existence of the policies required herein.
9. OWNERSHIP AND USE OF DOCUMENTS
9.1. Client Documents. All documents provided by Client will remain the property of Client. Consultant will return all such documents to Client upon request, but may retain file copies of such documents.
9.2. Consultant’s Documents. Unless otherwise agreed in writing, all documents and information prepared by Consultant or obtained by Consultant from any third party in connection with the performance of Services, including, but not limited to, Consultant’s reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively “Documents”) are instruments of professional service, not products, and are the property of Consultant. Consultant has the right, in its sole discretion, to dispose of or retain the Documents. Consultant reserves the right to copyright such documents; however, such copyright is not intended to limit the Client's use of the services provided under this Agreement other than as described below.
9.3. Use of Documents. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other person or entity, other than the project Architect, Structural Engineer, General Contractor and Building Department, without Consultant’s prior written consent. Except as set forth herein, neither Consultant nor Client will disclose, disseminate or otherwise provide such reports or information except as required for the design of the project and completion of Contractor’s Work or the monitoring of the Project by Governmental Agencies.
9.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services are provided, including without limitation design and licensing requirements of the Project, subject to any specific reliance or reuse limitations presented in the Document.
9.3.2. Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials arising from its Services and the right to use the Documents for any purpose.
9.3.3. Electronic Media. Consultant may agree at Client’s request to provide Documents and information in an electronic format. Client recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, CA COMT 2025.1.1 Page 6 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial all Documents and information provided by Consultant in electronic media are for informational purposes only and not as final documentation; the paper original issued by Consultant will remain the final documentation of the Services.
9.3.4. Unauthorized Reuse. No party other than Client may rely on, and Client will not represent to any other party that it may rely on, Documents without Consultant’s express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material without Consultant’s express prior written consent. Client waives any and all claims against Consultant resulting in any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant’s prior written consent.
10. SAMPLE DISPOSAL.
All samples shall remain the property of the Client and, in the absence of evidence of contamination, Consultant shall dispose of samples for the Client. All soil and construction materials samples collected during construction phase services will be disposed of or destroyed at the completion of testing unless Consultant is otherwise advised by Client. Samples may be held for up to a thirty (30) day period at Consultant’s discretion or at the Client’s request received in writing before the samples are tested. Client will promptly pay and be responsible for the analytical testing, removal and lawful disposal of all contaminated samples unless otherwise agreed in writing. Upon request, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge.
11. RELATIONSHIP OF THE PARTIES
Consultant will perform Services under this Agreement as an independent contractor.
12. ASSIGNMENT AND SUBCONTRACTS
During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing purposes. Any assignment that fails to comply with this paragraph will be void and of no effect. Consultant may subcontract for the services of others without obtaining Client’s consent if Consultant deems it necessary or desirable for others to perform certain Services.
13. SUSPENSION AND DELAYS
13.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the services by consultant. Consultant may terminate this agreement if client suspends consultant’s services for more than 60 days and client will pay consultant as set forth under Article 14, “Termination.” If client suspends consultant’s services, or if client or others delay consultant’s services, client and consultant agree to equitably adjust: (1) the time for completion of the services; and (2) consultant’s compensation in accordance with consultant’s then current fee schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for client’s benefit during the delay or suspension, or charges incurred by consultant for demobilization and subsequent remobilization.
13.2. Liability. Consultant is not liable to client for any failure to perform or delay in performance due to circumstances beyond consultant’s control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood, explosion, “acts of god,” adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material and equipment in the open market.
14. TERMINATION
14.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered or mailed to the other party.
14.2. Termination for Cause. In the event of material breach of this Agreement, the non-breaching party may terminate this Agreement if the breaching party fails to cure the breach within 5 days following delivery of the non-breaching party’s written notice of the breach to the breaching party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures the breach within the 5-day period.
14.3. Payment on Termination. Following termination other than for Consultant’s material breach of this Agreement, Client will pay Consultant for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of termination and costs associated with termination of subcontractor contracts in accordance with Consultant’s then current Fee Schedule.
15. DISPUTES
15.1. Informal Negotiation. Any dispute regarding this Agreement shall be attempted to be resolved first by exchange of documents by senior management of the parties, who may be assisted by counsel. The parties may then negotiate directly. If informal negotiation is unsuccessful, the parties may then proceed to Mediation.
15.2. Mediation. In the event that informal negotiation does not resolve a dispute, all disputes between Consultant and Client, except those involving Client’s failure to pay undisputed invoices as provided herein and excluding Consultant’s perfection of any mechanic’s lien, are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the American Arbitration Association.
15.3. Precondition to Other Action. No action or suit, except those involving Client’s failure to pay undisputed invoices as provided herein and excluding Consultant’s perfection of any mechanic’s lien, may be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute; or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. If the matter is referred to arbitration, the arbitration shall be conducted in Fresno County, California. The arbitrator shall be appointed within 60 days of the arbitrators’ receipt of a written request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator CA COMT 2025.1.1 Page 7 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney’s fees related to the arbitration.
15.4. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state of California. Except for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree otherwise, any mediation or other legal proceeding will occur in Fresno County, California. Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred, including court costs, reasonable attorney's fees, and other claim related direct expenses.
15.5. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial completion of Consultant’s Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its claims.
16. MISCELLANEOUS
16.1. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other for purposes of requesting services, project scope and fee proposals, or authorizing Services must be in writing and delivered by email, hand delivered to the recipient or delivered by first-class mail to the local Krazan office that will provide services or to the Corporate addresses listed below.
Any and all notices, requests, instructions, or other communications given by either party to the other for purposes other than requesting services, project scope and fee proposals, or Services authorization, must be in writing and delivered by email, USPS firstclass mail with return receipt (postage prepaid) or recognized courier with tracking and signature required for delivery and addressed to the following:
To Consultant: To Client:
Krazan & Associates ______________________________________ 215 West Dakota Avenue ______________________________________ Clovis, California 93612 ______________________________________ Attn: Mr. Dave Jarosz ______________________________________ [email protected] ______________________________________ Either Party may, at any time, designate a new or different address to which notices are to be sent.
Any notice shall be deemed delivered as of the time that the same is personally delivered or as of the date of signature confirming receipt by the recipient.
16.2. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement.
16.3. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition, or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant.
16.4. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken and the Agreement reformed to as closely approximate the stricken portions as the law allows. If any of the provisions contained in this Agreement are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired.
16.5. Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized representatives of both parties and referring specifically to this Agreement. No person other than a corporate officer (President, Vice President, or Chief Financial Officer) of Client is authorized to amend, change, modify, or waive any term or provision of this Agreement.
16.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause or for convenience.
16.7. Warranty Of Authority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the behalf of the Client for whose benefit Consultant’s services are rendered. If such person does not have such authority, he/she agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney’s fees shall be included in any judgment rendered. Further, if client fails to perform and is in breach of this Agreement the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such warranty, reasonable attorney’s fees shall be included in any judgment rendered.
16.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other agreement term, Proposal, Purchase Order, Requisition, Notice To Proceed, or other document regarding Consultant’s Services.
16.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein.
16.10. Electronic Copies. The Parties agree that a scanned or electronically reproduced copy or image of this Agreement bearing the signatures of the Parties hereto shall be deemed an original and may be introduced or submitted in any action or proceeding as competent evidence of the execution, terms and existence of this Agreement notwithstanding the failure or inability to produce or tender an original, executed counterpart of this Agreement and without the requirement that the unavailability of such original, executed counterpart of this Agreement first be proven. This Agreement may be executed in two or more counterparts, each of which will be considered an original, but all of which together will constitute one and the same instrument.
16.11. No Third-Party Rights. This Agreement shall not create any rights or benefits to parties other than Client and Consultant.
CA COMT 2025.1.1 Page 8 of 8 __________/__________
T25396CAF City of Tulare Cross Ave Improvements Contract Please Initial
17. ENTIRE AGREEMENT
This Agreement between the parties consists of these terms and conditions the PROPOSAL, and any exhibits or attachments noted in the PROPOSAL. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations, correspondence, or agreements either written or oral, unless modified in writing and agreed to by both parties in an amendment to this Agreement. Notwithstanding the foregoing, if any terms and conditions are referenced or included in, or attached to, a work authorization, notice to proceed, Purchase Order or any other form of authorization issued by Client, said terms and conditions shall be without force or effect.
The Parties have read the foregoing, understand completely the terms, and willingly enter into this Agreement. This Agreement was developed to be fair and reasonable to both parties. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement and agree to be bound accordingly. Consultant’s acceptance of this Agreement is pending credit review and a retainer fee may be required.
Client: City of Tulare Consultant: KRAZAN & ASSOCIATES
Signature Date Signature Date
Name (Please Print) Name (Please Print)
Title Title
[END OF DOCUMENT
June 30, 2025
Dylan Chimienti
Project Manager
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274
Subject: Proposal for Construction Staking Services for the Cross Avenue Improvements
Dear Mr. Chimienti,
We have prepared a scope and estimated fee for the services required to complete the proposed project construction staking services. Listed below is the scope of work that we are proposing to provide for the project and meet the needs of the City.
Task 1: Construction Staking Services
• Re-Establishment of site control points and benchmark • Rough Grade staking
• Sanitary Sewer line staking (including stubs/services) • Storm Drain staking (including connections, lines/stubs, and manholes) • Water line staking (including stubs/services)
• Fine Grade/Pavement Staking (including pavement and dikes) • Curb and Gutter Staking (including ramps/returns and drive approaches) • Calculations and Cut-Sheets (as needed)
•
The above Task 1 services will be provided on a time and materials basis for an estimated fee of $29,300. Extra and re-staking will be billed on said Time and Materials basis.
The above services will be billed on a time and materials basis in accordance with the on-call contract and attached fee schedule. We will not exceed the fee estimate without prior authorization or direction from the City.
Services Not Included in the Fee Estimate
• Record of Survey or permanent property corner setting/establishment (assumed to be done with design phase)
While the services above are excluded from this fee estimate, 4Creeks would be happy to provide some of these services on an additional time and materials basis if the City needs assistance. If you have any questions or need any additional information, please feel free to give us a call to discuss.
The surveyor shall be compensated for its services for the project on a fixed fee basis for the project, estimated per task as follows:
Phase Description Total:
1 Construction Staking $29,300.00
Total: $29,300.00
This Task Order shall be performed not to exceed $29,300.00 without prior approval of the City.
City and Surveyor mutually agree to the terms and conditions of this Task Order, and upon execution of this Task Order by both parties, this Task Order shall be approved, subject to all the terms and conditions contained herein, and in the Agreement and this Task Order shall be appended to and become part of the Agreement.
City of Tulare 4Creeks, Inc.
By:
By: Randy Wasnick, PLS
Principal Surveyor/VP
Date: Date: 6/30/2025
BID OPENING
CITY OF TULARE
PROJECT EN0074 - RFB 25-818 - Gross Avenue lmprovements Thursday, June 19,2025, at 2:00 p.m.
Engineer's Estimate: $1,500,000
ea
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ATTESTED AND OPEN BY
RECORD
k WITNESS:
CITTEF DEPUTY CITY CLERK
WITNESS:
TO REVIEW AND VERIFICATION. THE AWARD OF A CONTRACT, IF AWARDED,
TO THE LOWEST RESPONSIBLE RESPONSIVE BIDDER BASED ON THE BASE BID
BASE BID AMOUNT
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10 BIDS
AMOUNT WHOSE BID COMPLIES WITH ALL THE REQUIREMENTS PRESCRIBED
BID OPENING
CITY OF TULARE
PROJECT EN0074 - RFB 25-818 - Cross Avenue lmprovements Thursday, June 19,2025, at 2:00 p.m.
Engineer's Estimate: $1,500,000
ATTESTED AND OPENED BY: ^r ), 4nt A"-.+a WITNESS
mttlffirpurY crrY cLERK
WITNESS:
TO REVIEW AND VERIFICATION. THE AWARD OF A CONTRACT, IF AWARDED,
BE TO THE LOWEST RESPONSIBLE RESPONSIVE BIDDER BASED ON THE BASE BID AMOUNT WHOSE BID GOMPLIES WITH ALL THE REQUIREMENTS PRESCRIBED.
BASE BID AMOUNT
$ &2,2/ zq/ * "zB pJ
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1516171819
20 Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Engineering Services - Project Management
Submitted by: Michael Miller, City Engineer
Agenda Title: CEQA Notice of Exemption for Project EN0074 – Cross Avenue Improvements
RECOMMENDED ACTION
Adopt a resolution approving the California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project; authorizing the City Manager or designee to file the CEQA Notice of Exemption.
SUMMARY
Capital Improvement Project EN0074 will reconstruct Cross Avenue from West Street to a point approximately 1,040 feet west of the intersection. The existing structural section of the roadway is substandard and will be increased to meet current design standards for a minor-arterial roadway. The project will also include the installation of sidewalk along the north side of Cross Avenue, improving pedestrian connectivity by eliminating an existing gap in sidewalk improvements between West Street and the Valley Estates subdivision located at the west end of the project limits. Storm drainage improvements, including installation of curb and gutter along the north side of the roadway, will improve surface water management by collecting and conveying runoff to the existing drainage basin located at the northeast corner of Cross Avenue and West Street.
To satisfy environmental review requirements, it is necessary for the City to adopt a resolution approving the California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project; authorizing the City Manager or designee to file the CEQA Notice of Exemption. A copy of the draft resolution is attached.
FISCAL IMPACT & FUNDING SOURCES
If approved, there will be a fee of $58 to file the CEQA Notice of Exemption. The source of funding for this fee will be the project’s construction contingency. Funds are appropriated and available in Project Accounting Task String: EN0074-050-0999.
ENVIRONMENTAL REVIEW
Adoption of the attached resolution and filing of the associated California Environmental Quality Act (CEQA) Notice of Exemption for the Cross Avenue Improvement Project will fulfill the environmental review requirements for Project EN0074.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was included on the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Not applicable.
2. Deny – The project cannot be constructed without satisfying environmental review requirements.
3. Table – Project construction would be delayed until environmental review requirements are satisfied.
Item #: 7.7
Consent
ATTACHMENTS
1. Resolution
Reviewed/Approved:
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
APPROVING A CEQA EXEMPTION FOR CIP PROJECT EN0074 – CROSS AVENUE
IMPROVEMENTS
WHEREAS, CIP Project EN0074 – Cross Avenue Improvements is a street improvement project that is required in order to make improvements needed to address failing pavement conditions of an existing street segment and improve pedestrian connectivity within the City of Tulare; and
WHEREAS, CIP Project EN0074 – Cross Avenue Improvements is included in the City of Tulare’s 2026-2030 Capital Improvement Program adopted by the City Council of the City of Tulare on June 17, 2025; and
WHEREAS, CIP Project EN0074 – Cross Avenue Improvements is exempt from Environmental Review under the California Environmental Quality Act (CEQA), pursuant to Sections 15301(b) (c) (d) and 15302(c).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. An exemption pursuant to CEQA Sections 15301(b) (c) (d) and 15302(c) is hereby approved for CIP Project EN0074 - Cross Avenue Improvements.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of July 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: City Manager
Submitted by: Marc Mondell, City Manager
Agenda Title: Federal and State Advocacy Services
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with Townsend Public Affairs, lnc. for federal and state advocacy services for a term from July 1, 2025 through June 30, 2026 with a monthly fee of $7,000 ($84,000 annually).
SUMMARY
The City has been under contract with Townsend Public Affairs (“Townsend”) for federal and state advocacy services since 2007. Townsend’s fee was set at $7,500 per month until 2011 at which time it was reduced to $5,000 per month. In 2023, the fee was increased to $6,500 per month.
The City’s agreement with Townsend expired June 30, 2025, and Townsend is requesting a new agreement and an increase in the monthly fee to $7,000 per month. This is an increase of $500 per month or $6,000 per year from the prior agreement but less than the initial fee by the same amounts.
Townsend has been successful in helping the City to secure $42,812,500 in federal and state funding over the past eighteen years and $8,500,000 in federal earmarks alone since 2023; therefore, staff supports a new agreement and the proposed fee.
FISCAL IMPACT & FUNDING SOURCES
Staff does not anticipate a budget adjustment will be necessary, given the implementation of group budgeting, the practice of allowing overages in an account to be offset by savings in others within the same budget unit without the need for budget adjustment, and the City Manager’s authority to transfer appropriations between accounts within the same funding source; however, if needed, staff will bring a request to amend the budget forward to Council in the future.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The agreement has been reviewed by the City Attorney’s Office.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
If the recommended action is not approved, Townsend’s assistance in acquiring federal and State funding will cease, resulting in potentially significant opportunity costs.
Item #: 7.8
Consent
ATTACHMENTS
1. Agreement
Reviewed/Approved:
Master Contract between City of Tulare and Townsend Public Affairs, Inc 1
CONTRACT FOR CONSULTANT SERVICES
THIS CONTRACT FOR CONSULTANT SERVICES ("Contract") is made and entered into as of this 1st day of July 2025 by and between City of Tulare, a municipal government (“Client”), and Townsend Public Affairs, Inc., a California corporation (“Consultant”). For valuable consideration, Client and Consultant agree:
1. Term.
This Contract is effective as of the date above. The terms and conditions of this Contract shall remain in full force for the period set forth in Exhibit “A.”
2. Services.
Consultant will, in accordance with the terms of this Contract, perform the services described in Exhibit “A,” (“Services”).
3. Fees.
Client agrees to pay Consultant for the Services in accordance with the provisions of the Fee Schedule set forth in Exhibit "A." The Consultant will submit a monthly invoice to Client reflecting the fee and including any expenses incurred for such month. Client shall pay each billing within thirty (30) days of receipt thereof.
4. Expenses.
Subject to prior written authorization, Client shall reimburse Consultant for all itemized expenses with third party vendors incurred while providing Services as defined herein on behalf of Client. Such expenses shall be billed to the Client on a monthly basis and reimbursement thereof will be due upon receipt.
5. Laws, Rules and Regulations.
Consultant shall perform the Services in accordance with all applicable local, state and federal laws and regulations, exercising the standard of care applicable to Consultant’s profession.
6. Lobbyist Registration
As a lobbyist employer, Client is required to file a Form 602 with the California Secretary of State, a quarterly Form 635, and register with the United States Congress. Consultant will prepare all forms for Client’s signature and will file the forms on your behalf of Client.
7. No Condition to Payment.
It is the intention of the parties to this Contract that the Services rendered hereunder and the payments made hereunder are not in any way contingent upon the achievement of any specific result including, without limitation, the defeat or enactment of any legislative or administrative proposal. Consultant does not guarantee, represent or warrant any specific results in connection with the provision of Services. The parties hereto agree that such sums as are paid pursuant to this Contract shall be deemed to be the reasonable value of Services rendered hereunder.
8. Independent Contractor.
Client confirms to Consultant that the Services provided by Consultant to Client hereunder are not of a type performed by Client on its own behalf and are not within the scope of Client’s usual business. It is the intention of the parties to this Contract that the Services rendered hereunder shall be so rendered by Consultant as an independent contractor and not as an employee, agent, joint venturer or partner of Client. Nothing in this Contract shall be Master Contract between City of Tulare and Townsend Public Affairs, Inc 2 interpreted or construed as creating or establishing the relationship of employer and employee between Client and Consultant or any employee or agent of Consultant.
Consultant’s performance of the Services shall not be subject to the control and direction of Client. Both parties acknowledge that Consultant is not an employee for state or federal tax purposes. Consultant fully retains the right to contract with and perform services for other parties during the entire term hereof.
9. Work Product
Any tangible work product that is developed by Consultant shall be the property of the Client.
10. Confidentiality.
Consultant agrees to maintain the confidentiality of files or other information it is provided or develops during the course of its work for Client. It is understood, however, that disclosure of certain information provided by Client may be necessary or appropriate in the course of its representation of Client. Such disclosures shall be made upon consultation with Client or Client’s designated representative and with written consent from the Client
11. Termination.
This Contract may be terminated by either party upon thirty (30) days written notice to the other party specifying desired date of termination.
12. Contract Modifications.
Client and Consultant agree that the terms and conditions of this Contract shall constitute the entire agreement between the parties signatory hereto as to the matters set forth herein.
Client and Consultant may modify the terms of this Contract only by executing a written Contract Addendum, which shall reference this Contract and shall be executed by the parties’ signatory hereto.
13. Attorneys Fees.
Client and Consultant agree that the prevailing party in any dispute under this Contract shall be entitled to an award of attorneys’ fees and costs as ordered by a court of competent jurisdiction.
14. Certification of Non-Discrimination.
By signing this Contract, Consultant certifies that it does not discriminate in hiring on the basis of race, color, creed, religion, sex, age, marital status, national origin, ancestry, physical handicap or medical conditions.
15. Notice.
Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses:
To Client: City of Tulare
Attn: Melissa Wilcox, CMC, CPMC, Chief Deputy City Clerk 411 East Kern Avenue
Tulare, California 93274
To Consultant: Townsend Public Affairs, Inc.
Attn: Christopher Townsend, President
1401 Dove Street, Ste. 330
Newport Beach, CA 92660
Master Contract between City of Tulare and Townsend Public Affairs, Inc 3
16. Execution.
The representatives of Client and Consultant warrant that they have authority to sign on behalf of and bind their principals and have caused this Contract to be duly executed the day and year first above written.
"CONSULTANT" "CLIENT"
TOWNSEND PUBLIC AFFAIRS, INC., CITY OF TULARE
a California corporation a municipal government
By: ________________________________ By: ________________________________ Name: _____________________________ Name: ______________________________
Title: _______________________________ President Title:________________________________ Christopher Townsend
Master Contract between City of Tulare and Townsend Public Affairs, Inc 4 EXHIBIT “A”
TO
CONTRACT FOR CONSULTANT SERVICES
TERM: July 1, 2025 through June 30, 2026
FEE SCHEDULE: $7,000 per month
SERVICES: Please see attached Addendum to Exhibit “A” for full description of services provided.
Client Initials _________
Consultant Initials ________
Master Contract between City of Tulare and Townsend Public Affairs, Inc 5
ADDENDUM
TO
EXHIBIT “A”
The Services provided pursuant to the terms of the Contract for Consultant Services are the following:
DESCRIPTION OF SERVICES MONTHLY FEE
State and Federal Legislative Advocacy Services $7,000* • Conduct Detailed Orientation Included
• Develop Legislative Strategy Included
• Implement the Legislative Strategy Included
• Build and Strengthen Relevant Relationships Included
• Leverage Relationships for Strategic Advocacy Plan Included • Coordinate Advocacy Trips Included
• Track Legislation Included
• Craft Testimony and Position Letters Included
• Draft Bill Language Included
• Budget Funding Opportunities Included
• Provide Progress Reports Included
• Prepare and File Lobbying Disclosure Reports Included *The monthly fee includes all reasonable business and travel expenses.
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Finance
Submitted by: Mark Roberts, Chief Financial Officer
Agenda Title: Monthly Investments Report
RECOMMENDED ACTION
Accept the monthly investments report for April and May 2025.
SUMMARY
The investments report for April and May 2025 are submitted for Council review and acceptance.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. April 2025 Investments Report
2. May 2025 Investments Report
Reviewed/Approved:
Item #: 7.9
Consent
CITY OF TULARE
SUMMARY TREASURER'S REPORT
SUMMARY OF ALL IIIVESTMENTS
April30, 2025
242,542,61t 238,669,061 1.348%
I 5.855.634 15.855.634 N/A
258,398,245 254,524,695 N/A
BOOK
VALUE
MARKET
VALUE
BOOKVALUE
v"oR
TOTAL
CURRXNT
TYPE OF INVESTMENT YIELD
UNRESTRICTED INVESTMENTS - SEE PAGE 2
RESTRICTED IIWESTMENTS - SEE PAGE 3
TOTAL II\TVESTMENTS
93.86%
6.14%
100.00%
Note: The City's financial statements will report market values, not book values, at June 30 each year.
I certi$ that this report reflects all City investments and complies with the investrnent policy of the City of Tulare as approved by City Council.Furthermore, I certifr that suffrcient investrnent liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.Presented to the City Council on July 15,2025 Presented to the Board of Public Utility Commissioners on July 17,2025 Respectfully submitted, Mark Roberts, Chief Financial Officer Vy'"* 7rl' * o7lo7l2s Date
T:\Finance\lnvestments\2024-2025 lnvestments ReportsUo - April 2025 lnvestment report.xlsm
ISSUEROF
INI'ESTMENT
CITY OFTI.]LARE
SUMMARY TRDASURER'S REPORT, CONTINUED
SUMMARY OF UNRDSTRICTED IIWESTMENTS
April30' 2025
DATES: INTERESTRATES:
ACQT'ISITION STATED
MATURITY CURRENTYIELD PARVALUE
BOOK
VALUE
%oF
afi- TYPE OF II\IVESTMENT
Petty Cash N/AChecking Account - City Wells Fargo Bank
Local Agency Investment Fund (LAIF) State of Califomia
Money Market Mutual Fund Various
Sub-Totel
Fixed Income InvesEnents Various (See page zl-8)
Investnents in Safekeeping With BNY Westem Trust Company
N/AN/AN/A
On Demand
Various
On Demand
Various
On Demand
N/A
4.281o
N/A
4.24o/"
N/A
1.9090
N/A
1.0400/0
N/A
None
N/A
None
N/AN/A
N/A
BOOKVALUE
MARKETVALUE
Balae per bak is $
38,685,128
38.717.979
Per BI.IY WTC
1,548,0961.s48.096
90,t49,517
90, I 82,368
Per Bl.{Y WTC
ts2,393,094148,486,693
242,542,611238.669.061
TIIIS MONTE ANI\ruAL
LASTMONTII THISMONIII
12,90012,900
49,903,39349,903,393
TJNRX,ALIZED
GAIN/(LOSS):
N/AN/A
N/AN/A
32,85132,493
ESTIMATED
EARNINGS:
N/AN/A
N/AN/A
1,656,1 10
138,009
65,588
1,721,699
143,475
1,495,3M
t24,612
0.,toa
20.580/o
15.95V"
o.640/"
37.r70/"
6233Vo
100.00%
N/A
N/A
N/A
N/A
00 5,466
32,8s132,493
(3,906,40r)(4.533.452\
TOTAL UNRESTRICTED INVESTMENTS N/A
t.348%
* LAIF market values are based on the most currently available amortized cost information - March 3l , 2025:
(3,873,s50)(4.s00.959)
3,2t7,043
_268,087
2 1.000849191 U/I : Unrestricted Investnents
T:\Finance\lnvestments\2024-2025 lnvestments ReportsUo - April 2025 Investment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
SUMMARY OF RESTRICTED ITWESTMENTS
April 30,2025
ACQUISITION
DATE
Various On Demand
MATURITY
DATE
STATED
INTEREST RATE
PAR
VALUE
BOOK
VALIJE
MARI(ET
VALI]E
BAII\NCES
AS-OF
TYPE OFINVESTMENT ISSUER OF II{VESTMET{T DATE
Bond Funds (All are Maneged by U.S. Benk Trust Except LAIF):
2018 Lease Revenue and Refunding Bonds (Account No.2tA938000\ First American Govt Fd U.S. Bank Trust
201 5 Sewer Revenue Refunding Bonds (Account No. 261 594000) First American Govt Fd U-S. Bank TrustFirst American Govt Fd U-S. Bank TrustInvestment Repurchase GIC Bayerische landesbank 2016 Sewer Revenue Refunding Bonds (Account No. 231687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
20 1 7 Water Revenue Bonds (Account No. 2 I 9 1 89000)
U S Bk Mmkt U.S. Bank Trust
2020 Water Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust
Various
I 1-15-15
VariousVariousVarious
Various
On Demand
t1-15-25
On DemandOn DemandOn Demand
On DemandOn Demand
Various
R66€ Fud
VariousVarious
Rewe Fud
1.960%
Rswe Fud
VariousVarious
VariousVarious
52,843
t62
5,032,6855,085,690
17 7,230,4237,230,423
52,843
162
5,O32,685
5,085,6907,230,4237,230,423
4-30-254-30-25430-25
4-30:25
N/A 3,518,902 3,st8,902
3,518,902 3,518,902
NiANiAN/A 4-30-25
t7 4-30-25
4-30-25
4 4-301s
N/AN/A
N/A
N/A
17 17
20,590 20,590 -ro-Fo--
-'F0-
444
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No. 245346000) U S Bk Mmkt U.S. Bank Trust Various
TOTAL RESTRICTED INVESTMENTS Book Value % of Tolal Investmmts = Various N/A 7 4-j0-25
6.1402 15,855,634 15,855,634
7 77
J T:\Finance\lnvestments\2024-2025 lnvestments Reports\1o - April 2025 lnvestment report.xlsm U.S. GOVERNMENT AGENCY OBLIGATIONS
Federal National Mortgage Assn
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS
Aprit 30,2025
DATES: INTEREST RATES:
ACQTNSITION STATED
MATIJ'RITY CURREMYIELD
UNREALIZED
GAIN/(LOSS):
BOOKVALUE THIS MONTH ANNUAL
PARVALUI MAR.KET VALUE LAST MONTH THIS MONTH
PeTBNY WTC
TYPE OF FD(ED INCOME INVESTMENT
Federal Home Loan Mtg CorpFederal Home Loan Banks
Federal National Mortgage AssnFederal National Mortgage Assn Federal Home Loan Mtg CorpFederal Home Loan Mtg Corp
Federal Home Loan Mtg CorpFederal Home Loan Mtg Corp
CUSIPNUMBER
3136G4U503l34GVB56
3I3OAJREI3l36G4YUI
3136G42823t34GWUE43l34GWUV6
3l34GWX433l34GWXX9
08-27-2005-27-25 c
06-10-2006-r0-25 c
06-24-2006-24-25 C07-15-2007-15-25 C
08-26-20
08-26-25 c
09-30-2009-30-25 c
0.600%
0.600Vo0.700o/o0.700o/o0.750%0.750%
0.730%0.740Vo0.500%0.510o/o0.500%
0.510%0.520Yo0.530%0.5500/00.560Yo0.550%0.5600/o
2,000,0002,000,000
868,056
2,000,0002,000,0002,500,000
2,000,000
1,994,620
2,000,000
1,991,900
868,056863,030
2,000,000
1,985,120
2,000,000
1,974,600
2,500,0002,460,750
(5,380)
(l 1,570)
(8,r00)
(r3,992)
(s,026)(7,727)
(14,880)(20,928)(25,400)
(30,248)(39,250)(46,188)(39,050)(45,943)(47,r00)(5s,302) (50,940)(59,637',)
ESTIMATED
EARNINGS:
12,000
1,000
14,000
1,167
6,5r0
543
14,600
1,217
10,000
833
12,500
1,042
09-30-2009-30-25 c
r0-02-20
10-02-25 c
l0-15-20l0-15-25 c
2,500,0002,460,9s0
3,000,0002,952,9003,000,0002,949.060
13,000
1,083
16,500
1.375
16,500
1.375
2,500,0003,000,000
3,000,000
- CONTINUED ON PAGE 5 - 4 T:\Finance\lnvestments\2024-2025 lnvestments Reports\10 - April 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASUR"ER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
April30, 2025
DATES: INTERESTRATES:
ACQUISITION STATEI)
MATURITY CURRENTYIELD PARVALUE
UNREALIZED
GArN/(LOSS):
BOOKVALUE TIIIS MONTTI
MARKETVALUE LASTMONTH
TYPE OF FIXED INCOME II{VESTMENT
CUSIPNUMBER
U.S. GO!'ERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3l34GWY34
Federal Farm Credit Bks Funding Corp
3I33EMDZ2
Federal Farm Credit Bks Funding Corp
3l33EMEC2
Federal Home Loan Mtg Corp
3l34GW3X2
Federal Home [,oan Mtg Corp
3134GW3Z7
Federal Home Loan Mtg Corp
3t34GWZL3
Federal Home Loan Mtg Corp
3l34GW6S0
Federal Home Loan Mtg Corp
3I34GXAP9
Federal Home Loan Mtg Corp
3I34GXCS1
Federal Home Loan Mtg Corp
3I34GXFA7
Federal Home Loan Mtg Corp
3I34GXDM3
ESTIMATED
EARNINGS:
ANNUAL
THIS MONTH
10-15-20 0.530%10-15-25 C 0.540%t0-2t-20 0.520%10-21-25 C 0.530o/ot0-22-20 0.530%t0-22-25 c 0.5400h10-27-20 0.625Yo10-27-25 C 0.640Yo 10-28-20 0.600%10-28-25 c 0.610%0t0-29-20 0.570%t0-29-25 c 0.580%11-10-20 0.6100/oll-10-25 c 0.620Vott-12-20 0.6000/ott-12-25 c 0.610% lt-25-20 0.625%ll-25-25 C 0.640Yol r-30-20 0.650%
Il-26-25 C 0.6600/o12-01-20 0.6200/o12-01-25 c 0.630Yo12-17-20 0.540Yot2-17-25 c 0.550% - CONTINUED ON PAGE 6 - 3,000,000 2,500,000 2,500,000 3,000,000 2,000,000 3,000,000 3,000,000 2,000,000 3,000,000 2,000,000 1,500,000 2,500,000 PeTBNYWTC
3,000,0002,948,5s02,500,0002,456,7502,500,0002,456,5503,000,0002,946.420 2,000,000
1,964,480
3,000,0002,944,7703,000,0002,942,850
2,000,000
1,961,480
3,000,0002,940,420
2,000,000
1,959,8401,500,000t,468,335
2,500,0002,443,17s
(5 1,450)
(59,421)
(43,2s0)(s0,140)
(43,4s0)(53,538)(53,580)(61,770)(35,520)(41,570)
(55,230)(62,622)(57, l 50)(64,e08)
(38,520)(43,750)(5e,580)(69,246)
(40,160)(4s,962)(3 r,665)(35,129)
(56,825)(64,2t8)
15,900
t,325
13,000
1,083
13,250
1,104
18,750
1.563
12,000
1,000
17,100
1,425
18,300
1,525
12,000
1,000
18,750
1,563
13,000
1,083
9,300
77s
13,500
l,l2s
5 Federal Farm Credit Bks Funding Corp
3I33EMKT8
T:\Finance\lnvestments\202+2025 lnvestments Reports\10 - April 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
April30, 2025
DATES: INTEREST RATES:
ACQUISITION STATEI)
MATIJRITY CTJRRENTYIELD
UNREALIZED
GArN/(LOSS):
BOOKVALTIE TIIIS MONTII
PARVALUE MARKETVALUE LASTMONTH
TYPE OF FXED INCOME II{I'ESTMENT
CUSIPNUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Mtg Corp
3t34GXFVl
Federal Home Loan Mtg Corp
3I34GXHD9
Federal Home Loan Mtg Corp
3I34GXJX3
Federal Home Loan Mtg Corp
3134GXIZ8
Federal Home l,oan Banks
3130AKQ74
Federal Home Loan Mtg Corp
3t34GXW2
Federal Home Loan Banks
3l3oAKPC4
Federal National Mortgage Asso.
3135G06R9
Federal Home Loan Banks
3l30AL3Sl
Federal Home Loan Banks
3I3OAKYU4
Federal Home Loan Banks
3l30ALCW2
Federal Home Loan Banks
3t30AKZ25
ESTIMATED
EARNINGS:
ANNUAL
THISMONTH
12-17-20 o.625yo12-17-25 C 0.6400/o12-23-20 0.700%12-23-25 c 0.720% 0l-05-21 0.550o/o0l-05-26 C 0.560Vo
0l-07-21 0520Yo
0l-07-26 C 0.530Yo0l-22-21 0.6250/o0l-22-26 C 0.6400/o0t-22-21 0.550%0l-22-26 C 0.5600/o 0t-28-21 0.600%
0t-28-26 c 0.620%
0t-28-21 0.550%0l-28-26 C 0.560Yo
02-17-21 0.6250/o
02-17-26 C 0.640Yo
02-24-2t 0.600%
02-24-26 c 0.620Yo02-25-21 0.6250/o
02-25-26 C 0.6400/o
02-26-21 0.650%
02-26-26 c 0.670%03-10-21 0.800%
03-t0-26 C 0.820yo
- CONTINUED ON PAGE 7 - 2,000,000 3,000,000 2,500,000 2,000,000 2,500,000 2,s00,000 2,000,000 2,000,000 3,000,000 3,000,000 3,000,000 3,000;000 3,000,000 PeTBNY WTC
2,000,000
1,957,880
3,000,0002,934,8102,500,0002,439,0752,000,000
1,950,560
2,500,0002,437,4252,500,0002,435,600
2,000,000
1,948,760
2,000,000
1,948,260
3,000,0002,920,0203,000,0002,916,660
3,000,0002,920,9203,000,0002,9t7,950
3,000,0002,918,190
(42,120)(48,5 r6)(65,190)(74,13e)(60,92s)(68,02s)(49,440)(55,408)(62,57s)(70,935)(64,400) (72,060)(5 1,240)(58,040)(51,740)(58,466)(7e,980)(90,1 r7)(83,340)(93,996) (79,080)(92,262)(82,050)
(92,169)(81,810)(92,s17)
12,500
1,042
21,000
1,750
13,750
1,146
10,400
867
15,625
1.302
13,750
1,146
12,000
1,000
r 1,000
917
18,750
I,563
18,000
1,500
18,750
1,563
19,500
t,625
24,000
2,000
Federal Home Loan Banks
3 l3OALFS8
6 T:\Finance\lnvestments\2024-2025 lnvestments Reports\10 - April 2025 lnvestment report-xlsm CITY OF TULAR"E
SUMMARY TREASURER'S REPORT, CONTII\IUED
FIXED INCOME INVESTMENTS, CONTINUED
April30,2025
DATES: INTERESTRATES:
ACQUISITION STATED BOOKVALUE
UNREALIZED
GArN(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
TYPE OF FD(ED INCOME INVESTMENT ANNUAL
CUSIPNUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Banks
3l30ALKQ6
Federal Home Loan Banla
3l3OALXVI
Federal Home Loan Banks
3130AMWU2
Federal Home Loan Banks
3130AN2L3
Federal Home Loan Banks
3l30AN4R8
Federal Home Loan Banks
3I3OANFT2
Federal Home Loan Banks
3I3OANLZI
Federal Home Loan Banla
3l30ANM56
Federal Home Loan Banks
3I3OANIIX6
Federal Home Loan Banks
3130ANXS4
Federal Home Loan Banks
3I3OANXU9
Federal Home Loan Banks
3I3OANYR5
MATURITY CTJRRENT YIILD PAR VALUE MARKET VALUE I,AST MONTH THIS MONTH 03-30-21
03-30-26 c04-22-2104-22-26 c
06-30-21
06-30-26 c
07-r3-2107-t3-26 c
07-29:Zt
07-29-26 c
08-24-21
08-24-26 C08-26-2108-26-26 c08-27:2108-27:26 c09-28-21
09-28-26 c09-28-2109-28-26 c
09-30-21
09-30-26 C
09-30-21
09-30-26 c
L0-21-2rt0-2t:26 c
t.030%t.060%1.100%1.130%1.000%1.030%t.020%1.060%t.125%1.160%1.050%1.090%
0.900%0.940%
1.050%1.090%1.100%
t.t40%
0.900%0.940%
1.000%1.040%
0.950%
0.990%
1.000%l.040Yo
2,500,0002,500,000
3,000,0003,000,0003,000,0003,000,0002,500,0002,500,000
3,000,0003,000,000
3,000,0002,367,275
2,500,000
PeTBNYwTC
2,500,0002,432,4752,500,0002,430,s003,000,0002,902,0s03,000,0002,896,050 3,000,000
2,899,0s0
3,000,0002,890,8302,500,0002,405,4252,500,0002,408,575
3,000,0002,886,1203,000,0002,878,770
3,000,0002,883,4202,500,0002,400,4002,500,000
2,401,950
(67,52s)
(76,445)
(6e,500)(79,195)
(97,950)
(r 13,5s6)(103,9s0)(rr7,64s)(100,950)(tt4,321)(109,170) (t23,666)
(94,57s)
(107,485)
(91,42s)
(103,600)
(l 13,880)(128,859)(r21,230)(136,626)(l 16,580)(13 1,7s 1) (99,600)
(112,370\
(98,050)
(113,275)
25,750
2,146
27,500
2,292
30,000
2,500
30,600
2,550
33,750
2,813
3 1,500
2,625
22,500
1,875
26,250
2,1 88
33,000
2,750
27,000
2,250
30,000
2,500
23,750
1,979
25,000
2,083
. CONTINUED ON PAGE 8.
7 Federal Home Loan Banks
3l30APCD5
T\Finance\lnvestments\2024-2025 lnvestments Reportsuo - April 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME II{VESTMENTS, CONTINUED
April30,2025
DATES: INTERESTRATES:
ACQUISTTION STATED BOOKVALTJE
UNREALIZED
GAIN/(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
ANNUAL
THIS MONTH
TYPE OF FIXED INCOME IN}'ESTMENT
CUSIPNUMBER
U.S. GO\ZERNMENT AGENCY OBLIGATIONS. CONTINUED
Federal Home Loan Bks
3 l30APJ55
Federal Home Loan Bks
3I3OAPJB2
Federal Home Loan Bks
3l30APDQ5
Federal Home Loan Bks
3l30APFQ3
Federal Home Loan Bks
3I3OAPFRI
Federal Home Loan Bks
3I3OAPFU4
Federal Home Loan Bks
3I3OAPLP8
Federal Home Loan Bks
3I3OAPNK7
Federal Home Loan Bks
3I3OAPPL3
Federal Home Loan Bks
3 I3OAPXTT
Federal Home Loan Bks
3l30ARA68
MATIIRITY
03-29-2203-29-27 c
CT]RRENTYIELD PARVALUE MARKETVALUE LASTMONTH
t0-26-21
10-26-26 c
t0-26-21t0-26-26 ct0-28-21
10-28-26 Ct0-28-21t0-28-26 c
t0-28-21t0-28-26 c10-28-21
10-28-26 ctt-16-21
tt-16-26 cI l-18-21
ll-18-26 ctl-23-21
tl-23-26 c
t2-t7-21t2-17-26 c
1.250o/o1.300o/o
l.l90o/o1.170%1.250o/o1.300%
1.100%l.l50o/o
l.l20Yol.l7$Vo
1.050%1.090%1.375o/o
1.430%1.375o/o
t.430%l.450Yo
1.500o/ot.600%
l.660Yo
2.350%
2.420Yo
3,000,000
3,000,0003,000,000
2,000,000
2,000,0002,000,000
2,500,000
3,000,000
3,000,000
2,000,000
2,000,000
PeTBNY WTC
3,000,000
2,889,6903,000,0002,883,180
3,000,0002,888,1302,000,000
1,921,100
2,000,000
t,921,680
2,000,000
1,919,680
2,500,0002,410,025
3,000,0002,888,850
3,000,0002,891,370
2,000,000
1,93 I,100
(r 10,3 l0)(129,s37)(l 16,820)
(r32,2s8)(r r 1,870)
(127,047)
(78,900)(89,222)
(78,320)(88,620)
(80,320)(90,730)(89,975)
(108,595)
(l I 1,r50)(126,879)(108,630)
(124,380)
(68,e00)(81,294\
37,500
3,125
33,750
2,813
37,500
3,125
22,000
r,833
22,400
1,867
21,000
1,750
34,375
2,86s
41,250
3,438
43,500
3,625
32,000
2.667
47,000
3,917
2,000,000
t,945,140
(54,860)(65,638)
- CONTINUED ON PAGE 9 - 8 T:\Finance\lnvestments\2024-2025 lnvestments Reports\10 - April 2025 lnvestment report'xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME II{VESTMENTS, CONTINUED
April30, 2025
DATES: INTERESTRATES:
TYPE OF FDGD INCOME II{VESTMENT ACQ[nSrTrON STATEI)
CUSIPIIUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUEDCaterpillar Financial Services Corp 149l3UAY6
National Securities Clearing Corp
637639AKt
Bristol-Myers Squibb Co
I l0t22EFl
Astrazeneca Finance LLC
04636NAL7
Bank ofNew York Mellon
06405LAH4
American Express Co
025816ED7
Toyota Auto Receivables 2025-B Owner Trust
8923lHAD8
Freddie Mac Multifamily Structured Pass
MATURITY CURRENTVIELD PARVALUE MARKETVALUE LASTMONTH
PeTBNY WTC
600,000
BOOKVALUE
UNREALIZED
GAIN/(LOSS):
TI{IS MONTH
4,s604,s90
ESTIMATED
EARNINGS:
AI\INUAL
THISMONTH
3137HKXI8
04-24-25
03-03-28
04-23-25
05-30-28 c
04-t6-25
02-22-29 c04-16-2502-26-29 c04-22-2504-20-29 c04-25-2504-25-29 c 04-30-25
tt-l5-29
04-15-25
0l-01-30
04-22-2504-24-30 c04-23-25
04-28-30 c
4.400%4.370%
5.000%
4.900o/o4.900o/o
4.790o/o
4.8s0%4.750o/o4.729Yo4.670o/o
4.73lYo4.690%4.340%4.330%4.4t0%
4.370%4.834o/o4.770o/o4.350o/o4.310o/o
1,000,000
s90,000590,000
250,000
630,000615,000
525,000280,000415,000
600,240
604,800
1,015,5901,020,180
598,077
603,871
s96,903
602,296
250,000
253,290630,000
635,317
6t4,96s
616,105
524,982
529,820
280,000
283,623
414,282
4t9,t7t
26,400
2,200
50,000
4,t67
28,910
2,409
28,615
2,385
11,823
985
29,805
2,484
26,691
,, ,.,4
23,153
1,929
13,535
1,128
18,053
1,504
00 5,794
0 5,393
0 3,290
0 5,317
0 1,140
0 4,839
0 3,623
0 4,8E9
0 State Sheet Corp
857477DB'6
Walmart Inc
931 l42FN8
TOTAL FIXED INCOME IIWESTMENTS
**All are in safekeeping with BNY Westem Trust Company
N/A
1.040%
9 N/A 152,393,094
148,486,693
(3,906,401) 1,49s,344(4,s33,452) 124,612
- U/I : Unrestricted Investments
T:\Finance\lnvestments\202+2025 lnvestments Reports\10 - April 2025 lnvestment report.xlsm CHANGES IN BALANCES AND YIELDS:
CATEGORY
Total Invesftnents
Unrestricled lnvestrnents
Restricted Investrnents
Local Agency Investment Fund (LAIF)Fixed Income lnvestrnents (Total) TRANSACTIONS (BOOK VALUE): *CATEGORYFixed Income Inveshnents CITY OF TT]LARE
TREASURER'S EXECUTIVE STJMMARY
April 30,2025
BOOK VALUE
MARKET VALUE
DIFFERENCE
APR MAR CIIANGE
258,398,245
AVERAGE STATED YTELI)
APR MAR
N/A N/A
1.348% 1.277%
N/A N/A
4.28lYo 4.313o/o
t.040% 0.8600/0
SALES /CALLS
Federal Home Loan Mtg Corp, 0.750o/oFederal Home Loan Mtg Corp,0.800 Federal National Mortgage Assn, 0.580%
254,524,695
(3,873,550)
242,542,611
238,669,061
(3,873,550)
15,855,634
t5,8s5,634
0 38,685,128
38.717,979
32,85 I
1s2,393,094
148,486,693
252,243,828
247,654,662
(4,s89,166)
234,630,642
230,041,476
(4,589,166)
17,613,t86
t 7,6 r 3,186
0 38,263,469
38,295,962
32,493
153,868,056
149,246,396
6,154,417
6,870,033
-ns,lfr|6- 7,91t,970
8,627,585
7t5,6t6
(1,757,553)
(r,757,55i)
0 421,659
422,0t7
358
(1,474,96t)
(7s9,704)
715,258
CIIANGE
N/A
0.071%
N/A
-0.032%
0.180%
2,000,000
2,000,0003,000,000
(3,906,401) (4,62t,6s9)
PURCHASES
National Securities Clearing Corp
Caterpillar Financial Services CorpFreddie Mac Multifamily Structured Pass State Street Corp
American Express Co
Walmart IncToyota Auto Receivables 2025-8 OwnerAstrazeneca Finance LLC Bristol-Myers Squibb CoBank of New York Mellon
7.000.000
1,015,590
600,240524,982
280,000630,000
414,282614,965
596,903
s98,077
250,000
5.525.039
l0 T:\Finance\lnvestments\2024-2025 lnvestments Reports\10 - April 2025 lnvestment report.xlsm Created:
By:
Status:
Transaction lD:
2025-07-03
Sandra Jimenez ([email protected])
Signed
CBJCH BCAABAA4kiPh4DSlDpJ4U2VOYFnY|ubfi UYDTNs
10 - April2025 lnvestment report
FinalAudit Report 2025-07-07
'10 - April 2025 lnvestment report" History
I Document created by Sandra Jimenez ([email protected]) 2025-07-03 - 10:00:01 PM GMT
E* Document emailed to Mark Roberts ([email protected]) for signature 2025-07-03 - 10:00:05 PM GMT
* Emaitviewed by Mark Roberts ([email protected])
2025-07-07 - 7:06:19 PM GMT
#s Document e-signed by Mark Roberts ([email protected]) Signature Date: 2025-07-07 - 7:06:36 PM GMT - Time Source: server O Agreement completed.
2025-07-07 - 7:06:36 PM GMT
@ nAoUe Acrobat Sign
CITY OF TULARE
SUMMARY TREASI.JRER'S REPORT
SUMMARY OF ALL IIIVESTMENTS
Nlay 31,2025
240,889,779 237,204,304 1.5180/o
N/A
BOOK
VALUE
MARKET
VALUN,
BOOKVALUE
v"oF
TOTAL
CTJRRENT
TY?E OF INVESTMENT YIELD
I]NRESTRICTED INVESTMENTS - SEE PAGE 2 93.60%
RESTRICTED IIYVESTMENTS - Sf,,E PAGE 3 16,477.4t7 16,477,4t7 6.40% TOTAL II{!'ESTMENTS 2s7,366,696 2s3,681,721 N/A 100.00% Note: The City's financial statements will report market values, not book values, at June 30 each year.
I certifi that this report reflects all City investments and complies with the investment policy of the City of Tulare as approved by City Council.Furthermore, I certifu that sufficient investment liquidity and anticipated revenues are available to meet the City's budgeted expenditures for the next six months.
Presented to the City Council on July 15,2025 Presented to the Board of Public Utility Commissioners on July 17,2025 Respectfully submitted, Mark Roberts, Chief Financial Officer Vz/"* ,4rle* o7lo7l2s Date
T:\Finance\lnvestmentsvo24-2025 lnvestments Reports\l1 - May 2025 lnvestment report.xlsm
CITYOF'TULARE
SUMMARY TREASTJRER'S REPORT, CONTINTJED
SUMMARY OF I]NRESTRICTED INVESTMENTS
May 31' 2025
DATES: INTERDSTRATES:
ACQUISMON STATED
TYPEOF IN!'ESTMENT MATURITY CURRENTYIELD PARVALUE
ISSUER OT
IINESTMENT
Petty Cash NiAChecking Account - Clty Wells Fargo Bank
Local Agency Investnent Fund (LAIF) State of California Money Market Mutual Fund Various
Sub-Totel
Fixed Income Investments Various (See page ul-8)
Investnents in Safekeeping With BNY Westem Trust Company
N/AN/AN/A
On Demand
Various
On Demand
Various
On Demand
N/A
4.272%
N/A
4.304%
N/A
l.930Yo
N/A
1.270o/o
N/A
None
N/A
None
N/AN/A
N/A
N/A
BOOKVALUE
MARKETVALI'E
Balmce per bank is $
TJNREALIZED
GAIN(LOSS):
THIS MONTH ANI{UAL
LAST MONTII THIS MONTH
t2,90012,900
48,246,47648,246,476
38,685,128
38,7t7,979
Per B).IY WTC
l,100,0711.100,071
88,044,57588,077,426
Per Bl.{Y WTC
152,844,704t49,126,878
240,889,279237,204,304
N/AN/AN/AN/A
32,85r
32,851
32,85t32,85 I
(3,717,826)(3,802,731)(3,684,97s\(3,769,880)
o oto/6
20.03yo
t6.o6yo
o 460/"
36.550/o
63.450/"
100.00%
ESTIMATED
EARNINGS:
N/AN/AN/AN/A
t,652,629
r37.7r9
47,352
3,946
1,699,981
t41,665
1,901,290
t58,441
BOOK
VALUE
6/0 OF
vtIN/A
00 N/A
TOTAL UNRESTRICTED INVESTMENTS N/A
r.518%
+ LAIFmarketvaluesarebasedonthemostcurrentlyavailableamortizedcostinformation-March3l,2025:
N/A 3,601,27r
300,r06
2 1.000849 l 91 - U/l: Unrestricted Invesfrnents
T:\Finance\lnvestments\2024-2025 lnvestments ReportsUl - May 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
STJMMARY OF RESTRICTED INVESTMENTS
May31,2025
ACQUISITION
DATE
Various On Demand Various
R66€ Fund
Various On Demand Various
Various
R6we Fund
I 9600
Rsff Fund
I 1-1s-ls t1-15-25
Various On Demand VariousVarious On DemandVarious On Demand On Demand
On Demand
MATURITY
DATE
STATED
INTEREST RATE
PAR
VALIJE
BOOK
VALIJE
MARKET
VALTJE
BAI,ANCES
AS.OF
TYPE OFII{!'ESTMENT ISSUER OF INI'ESTMENT DATE
Bond Funds (All are Managed by U.S. Bank Trust Except LAIF):
201 8 Lease Revenue and Refunding Bonds (Account No. 244938000) First American Govt Fd U.S. Bank Trust
201 5 Sewer Revenue Refunding Bonds (Account No.261594000) First American Gofi Fd U.S. Bank TrustFirst American Govt Fd U.S. Bank TrustInvestment Repurchase GIC Bayerische landesbank 20 16 Sewer Revenue Refunding Bonds (Account No. 23 1687000) U S Bk Mmkt U.S. Bank Trust
2020 Sewer Revenue Refunding Bonds (Account No. 230396000) U S Bk Mmkt U.S. Bank Trust
201 7 Water Revenue Bonds (Account No. 21 91 89000)
U S Bk Mmkt U.S. Bank Trust
N/A 3,522,932
3,522,932
1,743
49,482
5,032,685s"083,910
3,522,9323,522,932
1,743
49,482
5,032,6855,083,910
s-31-25
s-31-25
531-25s-31-25
N/AN/A
N/A
0 00
7 N/AN/A
N/A
N/ANiA
0 5-31-25
20,657
2020 Waler Revenue Bonds (Account No. 250953000)
U S Bk Mmkt U.S. Bank Trust Various
2017 Successor Agency Tax Allocation Bonds - Series A & B (Account No .245346000) U S Bk Mmkt U.S. Bank Trust Various
TOTAL RESTRICTED INVESTMENTS Book Value % of Total Inveslments = Various 20,6s7
20,657
5-31-25
20,657
Various s-31-25Various 7,499,956
7,499,9s6
5-31-2s
Various
6.400/6 16,477 ,417 16,477,417
349,954349,954
349,9s4349,954
7,499,9567,499,956
7 s-3t-25
7 7
t T:\Finance\lnvestments\2024-2025 lnvestments Reportsul - May 2025 lnvestment report.xlsm TYPE OF FIXED INCOME IN}'ESTMENT
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS
May 31,2025
DATES: INTERESTRATES:
ACQUISmON STATED
MATIJRITY CTJRRENTYIELD
UNREALIZED
GAIN(LOSS):
BOOKVALT]E THIS MONTH
CUSIPNUMBER PARVALUE MARKETVALUE LASTMONTH
U.S. GOVERNMENT AGENCY OBLIGATIONSFederal Home Loan Banks 3I3OAJREI
Federal National Mortgage Assn
3l36G4Yul
Federal National Mortgage Assn
3136G42E2
Federal Home Loan Mtg Corp
3t34GWUV6
Federal Home l,oan Mtg Corp
3l34GWX43
06-24-2006-24-25 c07-15-2007-15-25 c
08-26-2008-26-25 c
0.7s0%
0.750%0.730o/o0.730o/o0.500Yo0.500%0.520Vo0.530%
0.550o/o0.s60%
868,056
2,000,0002,000,0002,500,000
Per BNYWTC
868,0s6
86s,82s
2,000,000
1,991,200
2,000,000
1,982,280
2,500,000
2,467,9002,000,000
1,974.700
(2,23r)(5,026)(8,800)
(r4,880)(17,720)(25,400)
(32,100)(3e,050)(25,300)
(47,100)
ESTIMATED
EARNINGS:
ANNUAL
THISMONTH
6,5 l0
543
14,600
1,217
10,000
833
13,000
1,083
I1,000
911
09-30-20
09-30-25 C
l0-02-20
10-02-25 c
. CONTINUED ON PAGE 5 - 2,000,000
4 T:\Finance\lnvestments\2024-2025 lnvestments ReportsUl - May 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
lvlay 31,2025
DATES: INTERESTRATES:
ACQUISITION STATED
MATURITY CTJRRENTYIELD
UNREALIZED
GAIN/(LOSS):
TIIIS MONTH
PARVALUE MARKETVALUE LASTMONTH THISMONTH
TYPE OF FD(ED INCOME IIII'ESTMENT
CUSIPNUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUEDFederal Home Loan Mtg Corp 3l34GWY34
Federal Farm Credit Bks Funding Corp
3I33EMDZ2
Federal Farm Credit Blts Funding Corp
3l33EMEC2
Federal Home Loan Mtg Corp
3r34GW3X2
Federal Home Loan Mtg Corp
3134GW3Z7
Federal Home Loan Mtg Corp
3t34GWZL3
Federal Home Loan Mtg Corp
3l34GW6S0
Federal Home Loan Mtg Corp
3I34GXAP9
Federal Home Loan Mtg Corp
3I34GXCSI
Federal Home Loan Mtg Corp
3I34GXFA7
Federal Home Loan Mtg Corp
3I34GXDM3
BOOKVALUE
ESTIMATED
EARNINGS:
ANNUAL
10-15-20 0.530%10-15-25 c 0.540yo
10-21-20 0.520"/o
10-21-25 C 0.530Yo
t0-22-20 0.s30%10-22'25 C 0.540o/ot0-27-20 0.62s%10-27-25 C 0.630Yo t0-28-20 0.600%10-28-25 c 0.6l0Yo
10-29-20 0.570o/ot0-29-25 c 0.580%11-10-20 0.6100/oll-10-25 c 0.620% tr-t2-20 0.600%
ll-12-25 C 0.6100/oll-25-20 0.6250/oll-25-25 C 0.640Voll-30-20 0.650% tt-26-25 C 0.660%
12-01-20 0.6200/o12-01-25 C 0.6300/o
12-17-20 0.540Yo
t2-17-25 C 0.550%
- CONTINUED ON PAGE 6 - 3,000,000 2,500,000 2,500,000 3,000,000 2,000,000 3,000,000 3,000,000 2,000,000 3,000,000 2,000,000 1,500,000 2,500,000 3,000,000 2,957,610 2,500,000 2,462,425 2,500,000 2,462,250 3,000,000 2,954,250 2,000,000 1,969.100 3,000,000 2,953,590 3,000,000 2,949,780 2,000,000 t,966,020 3,000,000 2,949,120 2,000,000 1,963,660 1,500,000 t,472,790 2,500,000 2,450,525 (42,390\ (5 r,4so) Q7,s7s) (43,250) (37,7s0) (43,4s0) (4s,7s0) (53,s80) (30,900) (3s,s20) (46,410) (55,230) (50,220) (57,1s0) (33,980) (38,520) (50,880) (59,580) (36,340) (40,160) (27,210) (3 1,665) (49,475) (s6,82s) 15,900 1,325 13,000 1,083 13,250 1,104 18,750 1.563 12,000 1,000 17,t00 r.425 18,300 1,52s 12,000 1,000 18,750 1,563 13,000 1,083 9,300 775 13,500 1,125 5 Federal Farm Credit Bks Funding Corp
3I33EMKT8
T:\Finance\lnvestments\2024-2025 lnvestments Reportsul - May 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
May 31,2025
DATES: INTERESTRATES:
ACQUISITION STATED BOOKVALUE
UNREALIZED
GArN(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
ANNUAL
THISMONTH
TYPE OF FXED INCOME II{!'ESTMENT
CUSPIIUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUEDFederal Home Loan Mtg Corp 3I34GXFVI
Federal Home [,oan Mtg Corp
3l34GX[D9
Federal Home Loan Mtg Corp
3I34GXJX3
Federal Home Loan Mtg Corp
3t34G){JZ9
Federal Home Loan Banks
3l30AKQ74
Federal Home Loan Mtg Corp
3I34GXKI2
Federal Home Loan Banks
3l30AKPC4
Federal National Mortgage Asso.
3135G06R9
Federal Home Loan Banks
3 l30AL3Sl
Federal Home Loan Banks
3I3OAKYU4
Federal Home Loan Banks
3t30ALCW2
Federal Home Loan Banks
3t30AKZ25
MATTruTY CT]RRENTYIELD PARVALUE MARKETVALUE LASTMONTH
t2-17-20t2-17-25 ct2-23-20t2-23-25 c
01-05-2101-05-26 C
0t-07-21
0t-07-26 C0l-22-210t-22-26 c
0t-22-210t-22-26 c
0t-28-21
0t-28-26 c
0l-28-21
0t-28-26 c
02-17-21
02-t7-26 c
02-24-21
02-24-26 c02-25-2102-25-26 c
02-26-2102-26-26 c
03-10-2103-10-26 c
0.625%0.640%
0.700%0.710o/o0.550o/o0.560%
0.520Yo0.530%0.625"/o0.6400/o0.550%
0.560Vo0.600%0.6100/o
0.550Yo0.5600/o0.6250/o0.6400/o
0.6000/o0.6200/o0.625Y"
0.6400/o0.6500/o0.670%
0.800%0.820%
2,000,0003,000,000
2,500,0002,000,000
2,500,0002,500,000
2,000,0002,000,000
3,000,000
3,000,0003,000,000
3,000,000
3,000,000
PeTBNY WTC
2,000,000
7,961,320
3,000,0002,941,4402,s00,0002,446,175
2,000,000
r,956,200
2,500,0002,440,8502,500,000
2,441,9502,000,000
1,951,480
2,000,000
1,9s2,020
3,000,0002,922,960
3,000,0002,919,630
3,000,0002,923,8903,000,0002,920,590
3,000,0002,920,s00
(38,680)(42,120)
(58,560)(65,190)(53,825)(60,92s)
(43,800)(49,440)(59,150)(62,s7s)
(s8,050)(64,400)(48,520)
(st,240)(47,980)(s 1,740)(77,040)
(79,980)(80,370)(83,340)
(76,1 l0)(7e,080)
(79,4t0)(82,050)(79,500)
(8 1,8 l0)
12,500
1,042
21,000
1,750
13,750
1,t46
r0,400
867
15,625
1,302
13,750
1,146
12,000
1,000
I 1,000
9t7
18,750
I,563
18,000
1,500
18,750
1,563
19,500
1,62s
24,000
2,000
. CONTINUED ON PAGE 7 - 6 f:\Finance\lnvestments\2024-2025 lnvestments ReportsUl - May 2025 lnvestment report.xlsm Federal Home Loan Banks
3I3OALFS8
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
May 31,2025
DATES: INTERESTRATES:
ACQIIIsmroN STATED
UNREALIZED
GAIN(LOSS):
BOOKVALTJE THIS MONTH
MATURITY CI,JRR.ENTYIELD PARVALUE MARKETVALUE LASTMONTH
ESTIMATED
EARNINGS:
ANNUAL
THIS MONTH
TYPE OF FIXED INCOME TNVESTMENT
CTJSIPNUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUEDFederal Home Loan Banks 3l30ALKQ6
Federal Home Loan Banks
3l3OALXV1
Federal Home Loan Banks
3l30AMWU2
Federal Home Loan Banks
3l30AN2L3
Federal Home lnan Banks
3l30AN4R8
Federal Home Loan Banks
3I3OANFT2
Federal Home Loan Banks
3l3oANLZl
Federal Home Loan Banks
3130ANM56
Federal Home Loan Banks
3I3OANUX6
Federal Home [,oan Banks
3l30ANXS4
Federal Home Loan Banks
3I3OANXU9
Federal Home Loan Banks
3I3OANYR5
03-30-21
03-30-26 c
04-22-2104-22-26 c
06-30-21
06-30-26 c
07-t3-21
07-13-26 C07-29-21
07-29-26 C08-24-2108-24-26 c
08-26-2108-26-26 c08-27-21
08-27-26 C
09-28-2109-28-26 C
09-28-2109-28-26 c
09-30-21
09-30-26 c
09-30-2 I
09-30-26 c
t0-2t-2tl0-2t-26 c
1.030%1.060%
1.100%1.t30%1.000%t.030%
1.020%1.060%
r.125%1.t70%
1.0s0%1.090%
0.900Yo
0.940o/o
t.0s0%
1.090%1.100%
t.140%
0.900o/o0.940%
r.000%
l.040Vo
0.950%
0.990Yo
r.000%
1.040o/o
2,500,000
2,500,0003,000,000
3,000,000
3,000,000
3,000,0002,500,000
2,s00,000
3,000,000
3,000,000
3,000,000
2,367,275
2,500,000
PeTBNYWTC
2,500,0002,433,7002,500,0002,431,100
3,000,0002,900,3103,000,0002,895,660
3,000,0002,896,560
3,000,0002,887,E602,500,000
2,402,6252,500,000
2,405,9753,000,0002,882,160
3,000,000
2,874,8403,000,000
2,878,s902,500.000
2,396,9002,500,000
2,398,37s
(66,300)(67,52s)
(68,900)
(69,500)
(e9,690)
(e7,es0)
(104,340)(103,950)
(103,440)(100,950)
(l r2,r40)(109,r70)
(97,37s)(94,575)(94,025)
(er,42s)
(l 17,840)
(r 13,880)(r25,r60)(121,230)
(121,410)
(l 16,580)(103,100)
(99,600)
(101,625)
(98,0s0)
25,750
2,146
27,500
2,292
30,000
2,500
30,600
2,550
33,750
2,813
3 1,500
2,625
22,500
1,875
26,250
2,t88
33,000
2,750
27,000
2,250
30,000
2,500
23,750
1,979
25,000
2,083
- CONTINUED ON PAGE 8 - 7 t:\Finance\lnvestments\2o2+2025 lnvestments Reports\1l - May 2025 lnvestment report.xlsm Federal Home Loan Banks
3l3oAPCD5
CITY OF TULARE
SUMMARY TREASUR.ER'S REPORT, CONTINUED
FXED INCOME IIWESTMENTS, CONTINUED
M:ay 31,2025
DATES: INTEREST RATES:
ACQtnSITION STATED BOOKVALUE
UNREALIZED
GAIN(LOSS):
THIS MONTII
ESTIMATED
EARNINGS:
ANNUAL
THISMONTH
TYPf, OF FIXED INCOME IITII'ESTMENT
CUSIPNUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUEDFederal Home Loan Bks 3 l30APJ55
Federal Home Loan Bks
3I3OAPJB2
Federal Home loan Bks
3l3oAPDQ5
Federal Home Loan Bks
3l30APFQ3
Federal Home Loan Bks
3l3OAPFRI
Federal Home Loan Bks
313OAPFU4
Federal Home Loan Bks
3I3OAPLP8
Federal Home Loan Bks
3I3OAPNK7
Federal Home Loan Bks
3I3OAPPL3
Federal Home l,oan Bks
313OAPXT7
Federal Home l,oan Bks
3l30ARA58
MATURITY CL'RRENTYIELD PARVALUE MARKETVALUE LASTMONTH
t0-26-2110-26-26 c
t0-26-21t0-26-26 cl0-28-21t0-28-26 ct0-28-2t10-28-26 ct0-28-21 t0-28-26 ct0-28-2tt0-28-26 Ct1-16-21
tt-16-26 cI l-18-21lt-18-26 ctt-23-21tl-23-26 c
t2-17-21t2-17-26 c
03-29-2203-29-27 c
1.250o/ol.300Yo1.1900
l.l70Yo1.2500/,l.300Yol.l00o/ot.150%l.l20Yol.l70%o
l.050Yol.l00o/ol.375Yol.430Vo
1.375o/o1.430o/ol.450Yo
t.st0%1.600%1.660%
2.350%2.420Yo
3,000,0003,000,000
3,000,0002,000,0002,000,000
2,000,0002,500,000
3,000,000
3,000,0002,000,000
2,000,000
PeTBNYWTC
3,000,0002,884,1403,000,0002,876,610
3,000,000
2,882,2502,000,000
1,917,420
2,000,000
t,917,960
2,000,000
1,916,080
2,500,0002,404,700
3,000,0002,882,7903,000,0002,884,9802,000,000
1,925,980
(l rs,860)(r r 0,3 l0)(123,390)
(l r6,820)
(l 17,750)(l l 1,870)
(82,580)(78,900)(82,040)(78,320)
(83,920)(80,320)(e5,300)
(89,975)
(tt7,210)
(r l 1,1s0)(l 15,020)(108,630)
(74,020)(68,eoo)
37,s00
3,125
33,750
2,813
37,500
3,125
22,000
1,833
22,400
1,867
21,000
1,750
34,375
2,865
4t,250
3,438
43,500
3,625
32,000
2.667
2,000,000
r.938,720
(6r,280)
(54,860)
47,000
3,917
- CONTINUED ON PAGE 9 - 8 T:\Finance\lnvestmentsv02+2025 lnvestments Reportsul - May 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
May 31,2025
DATES: INTERESTRATES:
ACQIIISITION STATED
MATIJRITY CTJRRENTYIELD PARVALIJE MARKETVALUE LASTMONTH TYPE OF FD(ED INCOMf, II\I'ESTMENT
CUSPTIUMBER
U.S. GOVERNMENT AGENCY OBLIGATIONS. CONTINUED
Caterpillar Financial Services Corp
l49l3UAY6
National Securities Clearing Corp
637639AKt
Bristol-Myers Squibb Co
I l0122EFl
Astrazeneca Finance LLC
04636NAL7
Bank ofNew York Mellon
06405LAH4
04-24-25
03-03-28
04-23-25
05-30-28 c
04-16-25
02-22-29 c
04-16-2502-26-29 c04-22-2504-20-29 C04-25-2504-25-29 c
04-30-25
lt-15-29
o4-t5-25
0l-01-30
04-22-2504-24-30 c04-23-25
04-28-30 C
04-28-25
05-01-28 c05-01-25
05-01-28 c05-06-2505-09-28 c
4.400o/o4.380o/o
5.000%
4.910o/o4.900o/o4.8l0Yo4.850Yo4.770%4.729%4.6900/o
4.731o/o4.710%4.340%4.340%4.4l0Yo4.400%4.834%4.800%4.350o/o4.340%
4.200Yo4.210%4.643yo4.650yo4.250o/o
4.240yo
600,000
1,000,000
590,000
590,000
250,000630,000615,000
525,000280,000415,000455,000
1,100,000
7s,000
PeTBNYWTC
600,240602,244
1,015,590
1,017,300
598,077600,644
s96,903
599,552
250,000
252,045
630,000
633,213614,96s
615,381
s24,982
525,849
280,000
282,223
414,282416,170454,418453,972
1,r00,000t,097,6s7
74,94875,101
2,0044,560
1,710
4,5902,567
5,794
2,649
5,393
2,0453,290
3,213s,3t7
4t6
1,140
867
4,839) ))73,623
1,888
4,889
(446)
0 (2,343)
0 154
0 BOOKVALUE
UNREALIZED
GAIN(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
ANNUAL
THISMONTH
26,400
2,200
50,000
4,167
28,910
2,409
28,615
2,385
11,823
985
29,80s
2,484
26,691
2,224
23,153
1,929
13,535
1,128
18,053
1,504
l9,l l0
1,593
51,073
4,256
3,1 88
266
American Express Co
Toyota Auto Receivables 2025-9 Owner TrustFreddie Mac Multifamily Structured Pass State Street CorpWalmart IncCintas Corporation No. 2Citigroup Inc 025816ED7
8923tHAD83I37HKXJ8
8s7477D86
93 I l42FN8
t7252MARL172967P28
- CONTINUED ON PAGE 10 - 9
Cummins Inc
23t02rAY2
T:\Finance\lnvestments\2024-2025 lnvestments ReportsUl - May 2025 lnvestment report.xlsm
CITY OF TULARE
SUMMARY TREASURER'S REPORT, CONTINUED
FIXED INCOME INVESTMENTS, CONTINUED
NIay 31,2025
DATES: INTERESTRATES:
ACQUISITION STATED
MATURITY CURR,ENT YIELD PARVALUE MARKETVALUE LASTMONTH THISMONTH
TYPE OF FD(ED INCOME INVESTMENT
CUSIPNUMBER
U.S. GOI'ERNMENT AGENCY OBLIGATIONS. CONTIIIUED
AstazenecaFinance LLC
04636NAE3
Porsche Innovative Lease Owner Trust
73329KAD8
Bank of America Corp
0605lGMT3
Honda Auto Receivables 2025-2 Owner Trust
43792tADl
BofA Auto Trust
05594BAD8
Nissan Auto Receivables Owner Trust
65481GAD7
Freddie Mac Multifamily Structured Pass
3I37HLJAI
American Express Credit Acct. Master Trust
0258JKP4
GM Financial Consumer Automobile Rec. Trust
362549ADg
Colgate-Palmolive Co
194t62AT0
Toyota Motor Credit Corp
89236TNJ0
National Securities Clearing Corp
637639AQ8
CitibankNA
t732'FBP2
TOTAL FIXED INCOME INVESTMENTS
**All are in safekeeping with BNY Westem Trust Company
BOOKVALUE
UNREALIZED
GAIN(LOSS):
THIS MONTH
ESTIMATED
EARNINGS:
ANNUAL
05-06-25
05-28-28 c
05-14-25
l0-20-28
0s-06-25
05-09-2904-29-25
t0-15-29
05-06-25
tt-20-29
05-20-25
t2-17-29
05-21-25
02-01-30
05-06-25
04-15-3005-06-2504-16-30
04-28-25
05-01-30 c
05-12-25
05-15-3005- I 3-25
05-20-30 c
05-2t-25
05-29-30 C
1.750%1.880%
4.610%
4.s90%4.623%4.630%4.150%4.160%4.350%
4.350%4.490%4.480%4.s13%4.490%
4.28004.280%4.280%4.280%
4.200%4.210%4.800%
4.780%4.700%4.670%
4.914%4.8800io
1,200,000
270,000
I,l 15,000
3 1s,000
210,000
1,060,000
640,000
1,045,000
245,000700,000
810,000
1,190,000
610,000
PeTBNY WTC
1,114,632
1,1 18,568
269,971
27t,056
l,l 1s,000I,l 14,309
3t4,96s314,471
209,986
209,877
1,059,7961,061,900
639,982
643,213
1,044,9811,044,406
244,964
245,20r
699,629697,907809,0778t4,172
r,189,2621,197,48s
610,000
614,648
3,936
0 1,085
0 (6el)
0 (4e4)
0 (10e)
0 2,104
0 3,231
0 (575)
0 237
0 (1,722)
0 5,095
0 8,223
21,000
t,750
12,447
1,037
51,546
4,296
t3,073
1,089
9,1 35
76t
47,594
3,966
28,883
2,407
44,726
3,727
10,486
874
29,400
2,450
38,880
3,240
55,930
4,66r
29,975
2,498
0 0
N/A
l.270Vo
152,844,704
149,126,878
4,648
(3,717,826)(3,802,73 l)
1,901,290
158,441
N/A
- U/[: Unrestricted lnvesfinents
l0 T:\Finance\lnvestments\2024-2025 lnvestments ReportsUl - May 2025 lnvestment report.xlsm CHANGES IN BALANCES AIID YIELDS:
CATEGORYTotal InvestmentsUnrestricted Investments
Restricted Investments
Local Agency Investment Fund (LAIF)
Fixed Income Investments (Total)
TRANSACTIONS (BOOKVALUE): *CATEGORYFixed Income Investments
CITY OF TULARE
TREASURER'S EXECUTIVE SUMMARY
May 31,2025
BOOK VALT]E
MARKET VALAE
DIFFERENCE
MAY APR CHANGE
AVERAGE STATED YIELD
APR
257,366,696
2si,68t,721 @
240,889,279
237,204,304
Q,684,975)
t6,477,417
t6,477,4t7
0 38,68s,128
38,7r7,979
32,851
t52,844,704
149.126.878
258,398,245
254.524.695
(3,873,s50)
242,542,6t1
238,669,061
(3,873,550)
15,855,634
I5,855,634
0 38,68s,128
38,717,979
32,851
ts2,393,094
148.486.693
(1,03 1,549)
(842,974)
188,575
(1,653,333)
(t,464,7s7)
I88,575621,783
62I,783 -- 451,610
640.185
188,575
MAY
N/A
l.5l8%o 1.348%
N/A N/A
CHANGE
0.l7IYo
N/A
-0.009%
0.230o/o
2,000,0002,000,0002,500,000
1,000,000
3,000,000
N/A N/A
(3,717,826) (3,906,401)
PI]RCIIASES
Cintas Corporation No. 2Citigroup Inc
Cummins Inc
Astrazeneca Finance LLC
Porsche Innovative Lease Owner TrustBank of America CorpHonda Auto Receivables Owner TrustBofA Auto TrustNissan Auto Receivables Owner Trust Freddie Mac Multifamily Skuctured Pass
American Express Credit Acct. Master TrustGM Financial Consumer Automobile Rec. Tr Colgate-Palmolive Co
Toyota Motor Credit Corp
National Securities Clearing Corp
CitibankNA
4.272Yo 4.28r%
1.270o/o 1.040%
SALES / CALLS
Federal National Mortgage Assn, 0.60olo
Federal Home Loan Mtgcotp,O.70%oFederal Home Loan Mtg Corp, 0.50%Federal Home Loan Mtg Corp, 0.55%Federal Home Loan MtgCorp,0.55o/o 00 ---- 454,418
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T:\Finance\lnvestment5\2024-2025 lnvestments Reportsul - May 2025 lnvestment rePort.xlsm Created:
By:
Status:
Transaction lD:
2025-07-07
Sandra Jimenez ([email protected])
Signed
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11 - M ay 2025 lnvestment report
FinalAudit Report 2025-07-08
"11 - May 2025 lnvestment report" History
fi Document created by Sandra Jimenez ([email protected]) 2025-07-07 - 8:26:0'l PM GMT
4 Document emailed to Mark Roberts ([email protected]) for signature 2025-07-07 - 8:26:06 PM GMT
ft Emailviewed by Mark Roberts ([email protected]) 2025-07-08 - 0:54:43 AM GMT
de Document e-signed by Mark Roberts ([email protected]) Signature Dale:2025-O7-08 - 0:55:01 AM GMT - Time Source: server Q Agreement completed.
2025-07-08 - 0:55:01 AM GMT
@ nAoUe Acrobat sign
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Conditional Final Map Acceptance for Phases 4, 6 and 7 of the KCOK Ranch Subdivision
RECOMMENDED ACTION
Conditionally approve the final map and subdivision improvement agreement for phases 4, 6 & 7 of the KCOK Ranch subdivision for recordation, and accept all easements and dedications offered to the City subject to receipt of the signed final map, all fees, and other required items prior to September 13, 2025.
SUMMARY
Planning Commission Resolution No. 5066, which was adopted on January 28, 2013, approved the tentative subdivision map for “KCOK Ranch Revised and Variance No. 450.” This subdivision is situated on property located along the north side of Seminole Avenue between Mooney Boulevard and Morrison Street and comprises approximately 110 acres with a total of 355 single-family lots at full buildout. The development of the subdivision is being completed in phases. Phases 4, 6 & 7 of the KCOK Ranch subdivision will consist of 111 single-family residential lots.
To streamline the final map approval process, the Subdivider is seeking conditional approval and acceptance from Council. This is subject to the receipt of the signed map, all fees, and other necessary items within 60 days. Such requests for conditional approval have been routinely accommodated.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
Environmental review pursuant to the California Environmental Quality Act (CEQA) was completed as part of approval of the tentative subdivision map. Mitigation measures as documented in the mitigation monitoring and reporting program (MMRP) for the tentative map will also be carried forward as conditions of approval for this Conditional Final Map.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
The final map will be reviewed for compliance with applicable legal requirements prior to recordation.
PUBLIC NOTICE
This item does not require a public hearing and was included on the agenda.
ALTERNATIVE ACTION
1. Approve with changes – Staff would work to incorporate any changes directed by Council. Substantial changes could impact the Developer’s ability to proceed the project.
2. Deny – The Developer would not be able to proceed with the project.
3. Table – The delay resulting from tabling this item could adversely impact the Developer’s construction schedule.
Item #: 7.10
Consent
ATTACHMENTS
1. Planning Commission Resolution No. 5066
2. Draft KCOK Ranch 4,6 & 7 Subdivision Agreement
3. KCOK 4,6 & 7 Ranch Final Map
Reviewed/Approved:
Subdivision Improvement Agreement 1
Final Map of KCOK RANCH, NO. 4, 6 & 7
RECORDING REQUESTED BY:
City of Tulare
WHEN RECORDED MAIL TO:
City Clerk
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274-4257
PURSUANT TO GOVERNMENT CODE SECTION 6103,
NO RECORDING FEE REQUIRED
In the matter of the Approval of )
The Subdivision Map of ) AGREEMENT AND UNDERTAKING FOR
KCOK RANCH, NO. 4, 6 & 7, in the) INSTALLATION AND CONSTRUCTION City of Tulare, County of Tulare, ) OF SUBDIVISION IMPROVEMENTS State of California )
SUBDIVISION AGREEMENT
FINAL MAP OF KCOK RANCH, NO. 4, 6 & 7
THIS AGREEMENT is made this ______ day of _____________________ 20___, by and between the City of Tulare, a Municipal Corporation and Charter City, hereinafter referred to as "City," and SFT Capital LP, located at 1170 North Coast Highway, Laguna Beach, CA 92651, hereinafter referred to as "Subdivider" without regard for number or gender, and is effective the date first appearing on the Clerk’s Certification hereafter.
RECITALS
A. Subdivider has filed with City a Final Map proposing the subdivision of land owned by Subdivider and located within the City of Tulare (hereinafter “Subject Property”) as follows:
PARCEL B OF CITY OF TULARE LOT LINE ADJUSTMENT 266, RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, ON JUNE 3, 2022, AS INSTRUMENT NUMBER 2022-0036229, ALSO BEING PARCEL 3 AND A PORTION OF PARCEL 2 OF PARCEL MAP NO. 5342, BOOK 54 OF PARCEL MAPS, AT PAGE 50, SECTION 6, TOWNSHIP 20 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN, CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA.
B. City requires as a condition precedent to the acceptance and approval of the Final Map, the dedication of certain streets, highways, public ways, and easements, as identified on the Final Map. City deems said dedication(s) necessary for the public use. Additionally, City requires that Subdivider make improvements to said dedicated property, as more specifically described below.
C. Subdivider desires and agrees to complete the improvements required by Resolution RESOLUTION NO. 5066 for APPROVING TENTATIVE SUBDIVISION MAP - KCOK RANCH REVISED AND VARIANCE NO. 450 dated JANUARY 28TH, 2013 and any amendments thereto, hereinafter referred to as “Conditions of Approval,” within the time hereinafter specified.
D. Subdivider hereby warrants that any and all parties having record title interest in the Final Map have Subdivision Improvement Agreement 2
Final Map of KCOK RANCH, NO. 4, 6 & 7
subordinated their interest and all records of subordination, if any, are attached hereto and made a part of this Agreement.
AGREEMENT
In consideration of the acceptance of the offers of dedication as shown and delineated on the Final Map, and in consideration of finding of substantial compliance with said [Vesting] Tentative Map, Subdivider and City hereby mutually agree as follows:
1) Time for Performance. The improvements required by the Conditions of Approval shall be completed within one year following the effective date of this Agreement. Subdivider shall automatically receive one extension of twelve (12) months if the Subdivider complies with the following:
a) At least thirty (30) calendar days before the original one-year deadline for completion of improvements, the City Engineer receives a written extension request from the Subdivider. b) If required by the City Engineer, provide additional performance and payment security to address construction cost increases due to inflation. Construction cost increase will be based upon Construction Price Index figures published by Engineering News-Record. The additional security shall be supplied to the City Engineer within twenty (20) calendar days from the date the City Engineer notifies Subdivider of the additional security amounts. 2) Failure to Perform. If all required improvements are not made to the satisfaction of the City Engineer within twelve (12) months of the date of this Agreement, or within twenty-four (24) months if an extension was granted, the City of Tulare may exercise its right to proceed against the bonds. 3) Incorporation of Improvements. The work depicted or required on the improvement plans for the Final Map, which may include plans relating to sewer, water, streets, storm drainage, street lighting, landscape and irrigation, grading, traffic signal plans, etc., as well as those required by Conditions of Approval (hereinafter “Improvements”), are incorporated by reference and made a part of this Agreement.
4) Compliance with Standards and Regulations. All Improvements shall be completed in accordance with the City of Tulare Design Guidelines and Public Improvement Standards (City Council Resolution No. 16-58) and any amendments thereto, and shall comply with all applicable federal, state, and local laws.
5) Costs. All Improvements shall be completed at the sole cost and expense of Subdivider. The construction cost estimates, and corresponding security requirements for these Improvements, are set forth in Exhibit "A".
6) Requirements for Building Permit Issuance.
a) No building permit shall be issued for any lot of the Subject Property until the following minimum required improvements have been fully constructed and have passed inspection to the satisfaction of the City Engineer, except as allowed by the City’s Model Home Policies:
i) Curb and gutter,
ii) Street base rock placed in accordance with the approved improvement plans to provide accessibility for inspectors and emergency responders,
iii) Fully functional water mains, fire hydrants, and service connections, iv) Fully functional sanitary sewer mains and laterals, Subdivision Improvement Agreement 3
Final Map of KCOK RANCH, NO. 4, 6 & 7
iv) Fully functional storm drainage lines and facilities, v) All lots graded in accordance with the approved drainage plan, with a letter subject to City Engineer’s approval provided by the Subdivider’s licensed engineer or surveyor verifying same, and
vi) All lot corners marked.
b) If a Notice of Completion has not been filed for the required Improvements within the time limits outlined in this Agreement, no additional building permits shall be issued until said Notice has been filed, or a new subdivision improvement agreement extending the timeline for completion has been approved by the Tulare City Council.
7) Requirements for approval of Certificates of Occupancy. No Certificates of Occupancy shall be approved by the City for any building permit issued on any lot of the Subject Property until the following requirements are satisfied:
i) The requirements of section 6, subsection (a), above have been satisfied, and ii) all public safety items have been completed, including, but not limited to: signage, street paving, pavement markings, street lighting, and drainage basin fencing. 8) Estimate Reimbursements for Certain Improvements. In connection with the amounts set forth in Exhibit “A”, City has made its best faith efforts at predicting the amounts to be credited as reimbursements for Improvements that will benefit other properties. Subdivider agrees these figures represent City’s best estimates only and they are subject to fluctuation following calculation of actual construction costs after improvement completion and acceptance. Payment of fees and fee credits shall be made at the rates and amounts established by the Tulare Municipal Code and Master Fee Schedule. The estimated reimbursement amounts, fees, and charges are more particularly itemized and made a part of this Agreement in the attached Exhibit “B”. 9) Fee Credit Adjustments. Subdivider may receive designated fee credits from City as an offset toward any development impact fee(s). Subdivider acknowledges and agrees any such fee credits are provided contingent upon City accepting required infrastructure improvements completed by Subdivider. Until then, Subdivider shall have no right to any portion of any fee credit. Upon adjustment, Subdivider shall pay all outstanding development impact fees prior to approval of the final map or as otherwise mutually agreed in writing. If the final map has already been approved all such fees shall be promptly paid by Subdivider, unless otherwise mutually agreed upon in writing. City may enforce recovery of such fees in any manner available at law or in equity. 10) Security. Prior to the approval by the Tulare City Council of the Final Map, Subdivider shall furnish to City the following improvement securities in the amounts set forth in Exhibit “A”. Bonds shall be by one or more duly authorized corporate sureties licensed to do business in California subject to the approval of City and on forms furnished or approved by City. a) Performance Security. The total amount shall equal 100% of the total Cost Estimate, as specified in Government Code 66499.3 (a) and approved by the City Engineer, to be conditioned upon the faithful performance of this Agreement. Performance Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Performance Bond, the language on the bond shall be in substantial compliance with Gov.
Code § 66499.1. Upon written request from the Subdivider, partial releases of the Performance Security may be authorized by the City Engineer to reflect satisfactory completion of required improvements. Partial releases shall be limited to a maximum of 90% of the value of the completed improvements, and shall in no event result in the overall release of more than 90% of Subdivision Improvement Agreement 4
Final Map of KCOK RANCH, NO. 4, 6 & 7
the value of the total Cost Estimate. The Performance Security will be released in its entirety upon the City’s recordation of a Notice of Completion for the subdivision improvements, provided that a maintenance surety of not less than 10% of the value of the public improvements is provided to the City to guarantee replacement and repair of the public improvements for a period of one (1) year after the recording date.
b) Payment (Labor and Materials) Security. The total amount shall equal 50% of the total Cost Estimate, as specified in Government Code 66499.3 (b) and approved by the City Engineer, to secure payment to all contractors and subcontractors performing work on said Improvements and all persons furnishing labor, materials or equipment to them for said Improvements. Payment Security shall be in the form of a bond naming the City of Tulare as obligee, or a certificate of deposit made payable only to the City of Tulare, an irrevocable letter of credit in favor of the City of Tulare, or cash. Notwithstanding other provisions contained in this Agreement, if the payment security provided to the City is in the form of a Labor and Material Bond, the language on the bond shall be in substantial compliance with Gov. Code § 66499.2. No reduction in Payment Security shall be allowed prior to the City’s recordation of a Notice of Completion, and prior to the passage of the time within which claims of lien are required to be recorded as stipulated in Government Code Section 66499.7 (h).
11) Damage Prior to Final Acceptance. Any damage to the improvements occurring prior to final acceptance by the City shall be repaired or replaced by Subdivider before any securities are released.
Final acceptance by City shall not occur until damage has been repaired to prior and agreed upon condition.
12) Remedy of Defects. Subdivider shall remedy any defective work, labor or materials related to the Improvements, and shall pay City for any damage to the Improvements resulting therefrom, which occur within a period of one year from the date of final acceptance of the Improvements by City. Prior to final acceptance of the Improvements by City, a warranty/maintenance bond or certificate of deposit shall be provided by Subdivider, as shown in Exhibit “A”, and shall be released one year following final acceptance, less any amount required to remedy defective work. 13) Indemnification. Subdivider shall be obligated as follows:
a) To the furthest extent allowed by law, Subdivider shall indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time, and property damage) incurred by City, Subdivider or any other person, and from any and all claims, demands and actions in law or equity (including attorney's fees, litigation and legal expenses incurred by City or held to be the liability of City, including plaintiff’s or petitioner’s attorney’s fees if awarded, in connection with City’s defense of its actions in any proceeding), arising or alleged to have arisen directly or indirectly out of performance or in any way connected with: (i) the making of this Agreement; (ii) the performance of this Agreement; (iii) the performance or installation of the Improvements by Subdivider and Subdivider’s employees, officers, agents, contractors or subcontractors; (iv) the design, installation, operation, removal or maintenance of the work or Improvements; or (v) City’s granting, issuing or approving use of this Agreement.
b) Subdivider’s obligations under the preceding sentence shall apply regardless whether City or any of its officers, officials, employees or agents are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross negligence or willful misconduct of City, its officers, officials, employees, agents or volunteers. c) If Subdivider should subcontract all or any portion of the work to be performed under this Agreement, Subdivider shall require each subcontractor to indemnify, hold harmless and defend City and each of its officers, officials, employees, agents and volunteers in accordance with the Subdivision Improvement Agreement 5
Final Map of KCOK RANCH, NO. 4, 6 & 7
terms of paragraphs “a)” and “b)” of this Section.
14) Insurance. Throughout the life of this Agreement, Subdivider shall pay for and maintain in full force and effect all policies of insurance described in this Section with an insurance company(ies) either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A-VII" in Best's Insurance Rating Guide, or (ii) authorized by City’s Risk Manager.
Insurance requirements, including coverage types and amounts, are attached hereto in Exhibit “D”.
If at any time during the life of the Agreement or any extension, Subdivider fails to maintain the required insurance in full force and effect, the City Engineer, or his/her designee, may order that Subdivider, or its contractors or subcontractors, immediately discontinue any further work under this Agreement and take all necessary actions to secure the work site to ensure that public health and safety is protected.
All payments due or that become due to Subdivider shall be withheld until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City. Any failure to maintain the required insurance shall be sufficient cause for City to terminate this Agreement.
Evidence of Insurance provided by Subdivider and his/her/its insurer shall clearly state that termination or suspension of insurance coverage may not occur until at least thirty (30) days following written notice to the City of the intent to terminate or suspend coverage. 15) Compaction and Materials Testing. Compaction and other materials testing performed for determination of compliance with Public Works Standards shall conform to City of Tulare Design Guidelines, Public Improvement Standards, and Technical Specifications. Materials testing shall at all times remain under the review of the City Engineer who may determine additional test procedures, and additional locations to be tested. All materials testing for improvement work within the public easements and rights-of-way shall be ordered and paid for by Subdivider. 16) Inspections. City shall inspect all Improvements. All Improvements shall be performed and completed in strict accordance with the approved construction plans for said work on file with the City Engineer and City of Tulare Design Guidelines and Public Improvement Standards. In the event there are no applicable Design Guidelines and Public Improvement Standards it is agreed that the same shall be performed and completed in accordance with the standards and specifications of the California Department of Transportation.
17) Compliance with Law. In performing obligations set forth in this Agreement, Subdivider shall comply with all applicable laws, regulations, and rules of all local, state and federal governmental agencies having jurisdiction including, without limitation, applicable federal and state labor standards and environmental laws and regulations. Subdivider shall comply with the codes or ordinances of City including the Tulare Municipal Code, City Charter, and Building Codes. 18) Prevailing Wages. Subdivider shall:
a) be required to pay, and shall cause its contractor and subcontractors to pay, prevailing wages for the construction of:
i) those specific Improvements for which Subdivider receives credits or reimbursements as identified in Exhibit “B”, if any, and
ii) those Improvements, if any, that are “public works” under Chapter 1, Part 7, Division 2 of the California Labor Code, including Section 1720(a) (collectively, the “PW Improvements”).
19) Enforcement of Obligations. City may enforce this Agreement in any manner available at law or in equity, including, but not limited to, reversion to acreage.
Subdivision Improvement Agreement 6
Final Map of KCOK RANCH, NO. 4, 6 & 7
20) Limitations of Legal Acts. Except as provided by the Section entitled “Attorney’s Fees and Legal Expenses,” in no event shall the City, or its officers, agents or employees, be liable in damages for any breach or violation of this Agreement, it being expressly understood and agreed Subdivider’s sole legal remedy for breach or violation of this Agreement by City shall be a legal action in mandamus, specific performance or other injunctive or declaratory relief to enforce the provisions of this Agreement.
21) Attorney’s Fees and Legal Expenses. If either party is required to commence any proceeding or legal action to enforce any term or condition of this Agreement, the prevailing party in such proceeding or action shall be entitled to recover from the other party its reasonable attorney's fees and legal expenses.
22) Obligation Running With Land. This Agreement shall burden the Subject Property described and constitute a covenant running with the land for the benefit of City and shall be binding upon the successors, transferees, and heirs of Subdivider. Subdivider consents to the recordation of this Agreement with the Tulare County Recorder.
23) Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. No provisions of this Agreement may be waived unless in writing and signed by all parties to this Agreement. Waiver of any one provision herein shall not be deemed to be a waiver of any other provision herein.
24) Ambiguities or Uncertainties. Any ambiguities or uncertainties herein shall be equally and fairly interpreted and construed without reference to the identity of the Party or Parties preparing this Agreement, on the express understanding and agreement the Parties participated equally in the negotiation and preparation of the Agreement, or have had equal opportunity to do so. Accordingly, the Parties hereby waive the benefit of California Civil Code §1654 and any successor or amended statute, providing that in cases of uncertainty, language of a contract should be interpreted most strongly against the Party who caused the uncertainty to exist. 25) Severable Provisions. The provisions of this Agreement are severable. The invalidity or unenforceability of any one provision in this Agreement shall not affect the validity or enforceability of the other provisions, which shall remain in full force and effect. 26) Release of Conditions. The conditions and obligations of this Agreement shall remain in full force and effect until such time as City Engineer issues a Notice of Completion finding the conditions and obligations of this Agreement have been fully satisfied and are no longer required for public health and safety reasons and thereafter records such Notice of Completion with the Tulare County Recorder. 27) Venue. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Venue shall be Tulare County, California. 28) Fees Due Prior to Recordation. The fees due to the City set forth in Exhibit “C”, attached hereto and incorporated herein by this reference, shall be paid in full prior to recordation of the final map. * * * *
Subdivision Improvement Agreement 7
Final Map of KCOK RANCH, NO. 4, 6 & 7
IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement.
CITY OF TULARE SFT CAPITAL LP,
a Municipal Corporation A California Limited Partnership By: By:
Marc Mondell, City Manager
Name: Aha Development Group, In.,
A California corporation
Title: General Partner
ATTEST:
Chief Deputy Clerk and Clerk of the Council
Of The City of Tulare
(Attach Notary Acknowledgments)
Subdivision Improvement Agreement 8
Final Map of KCOK RANCH, NO. 4, 6 & 7
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 9
Final Map of KCOK RANCH, NO. 4, 6 & 7
SUBORDINATION
The undersigned as holder of the beneficial interest in and under that certain Deed of Trust and Assignment of Leases and Rents recorded on January 11, 2022, in the office of the Tulare County Recorder, as Document No. 2022-0002256, as amended by the certain First Amendment to Deed of Trust and Assignment of Leases and Rents recorded on July 28, 2022 as Document No. 2022-0048052 and certain Second Amendment to Deed of Trust and Assignment of Leases and Rents, recorded on October 31, 2024 as Document No. 2024-0055264, of which the Deed of Trust in, by and between SFT Capital LP, as Trustor, First American Title Company, as Trustee and DR Horton CA3, Inc., as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereto to the foregoing Subdivision Agreement for the Final Map of KCOK Ranch No. 4,6,7.
DATED: ____________________, 20___
BENEFICIARY
By: DR Horton CA3, INC., ________
Print Name: ________________________________________
Title: ________________________________________
(Beneficiary to print/type document information, Name, Title and attach Notary Acknowledgment)
Subdivision Improvement Agreement 10
Final Map of KCOK RANCH, NO. 4, 6 & 7
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of Tulare )
On __________________ before me, ____________________________, Notary Public, personally appeared __________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
___________________________________
Signature of Notary Public
Subdivision Improvement Agreement 11
Final Map of KCOK RANCH, NO. 4, 6 & 7
EXHIBIT “A”
Estimated Improvement Costs & Security Requirements
KCOK RANCH SUBDIVISION PHASE NO. 4, 6 & 7
Bond Type Required Bonding Amounts
Performance Bound Amount*
(100% Improvement Cost**) $ 8,076,714.14
Payment Bond Amount
(50% Improvement Cost) $ 4,038,357.07
Maintenance Bond Amount***
(10% of Required Improvements) $ 969,205.70
* For a single combined performance and payment bond, bond amount shall equal the algebraic sum of the performance and payment bond amounts listed above
** Upon the developer's request, the city may calculate a reduced bond amount (less than 100% improvement cost) following the City’s standard bond reduction procedures for partially installed improvements.
*** Maintenance bond is required at the time the improvements are accepted by the city.
Subdivision Improvement Agreement 12
Final Map of KCOK RANCH, NO. 4, 6 & 7
EXHIBIT “B”
Estimated Oversize Improvement Costs
KCOK RANCH SUBDIVISION PHASE NO. 4, 6 & 7
Item Cost of Oversize
Improvements
Street Oversize Improvements, including but not limited to: $350,000.00 Street Name: None
Material Cost for Supplemental Road Excavation (N/A” vs. N/A”) Material Cost for Supplemental Aggregate Base Material (N/A” vs. N/A”) Material Cost for Supplemental Asphalt Concrete Material (N/A” vs. N/A”) Supplemental Right-of-Way Dedication (N/A s.f. vs. N/A s.f) Traffic Signal Improvements: SR 63 (Mooney Blvd) / Seminole Ave Other:
Sanitary Sewer System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Sewer Main Size
Material Cost for Supplemental Sewer MH Size (Type II vs Type I) Lift Station Improvements:
Force Mains:
Storm Drain System Improvements, including but not limited to: $0.00 Street Name: None
Regional storm drain mains (N/A" diameter)
Regional storm drain manholes (Qty. = N/A)
Ponding Basin (Land Cost, Excavation, Fencing, Frontage Improvements) Lift Station Improvements:
Force Mains:
Water System Improvements, including but not limited to: $0.00 Street Name: None
Material Cost for Supplemental Water Main Size
Material Cost for Supplemental Water Appurtenances
Well/Storage Tank Site (Land Cost, Frontage Improvements) Total Estimated Oversize Costs $350,000.00
Subdivision Improvement Agreement 13
Final Map of KCOK RANCH, NO. 4, 6 & 7
EXHIBIT “C”
Subdivision Agreement Fees
KCOK RANCH SUBDIVISION PHASE NO. 4, 6 & 7
Account No. Transaction No.R/C
No.
Description of Charge Quantity Unit Cost Total
Amount
Plan Check Fees
TBD Improvement Plans Check Fees 1 $ 39,507.00 $ 39,507.00 TBD Final Map Plan Check Fees 1 $ 10,851.00 $ 10,851.00 Inspection, Testing and Construction
001-3247-001 1391 S-29 Public Inspection Fee 1 $ 167,584.28 $ 167,584.28 010-3265 3060 Backflow Test 0 $0.00 $ 0.00
010-3270-3 3073 Water Pressure Test 14 $ 264.00 $ 3,696.00 010-3270-004 3074 Water Purity Sample 14 $ 227.00 $ 3,178.00 Front Foot Fees
015-3265 3420 Sewer Front Foot 0 $0.00 $ 0.00
010-3265 3060 Water Front Foot 0 $0.00 $ 0.00
001-3265 9260 Street Front Foot 0 $0 $ 0.00
Benefit Districts
001-3252-002 1472 S-37 Benefit District Creation 0 $0.00 $ 0.00 015-260-047 9260 Del Lago - Hillman St 0 $0 $ 0.00
001-260- 9260 Storm Drain Benefit District 0 $0 $ 0.00
001-260 9260 T.I.D. Benefit District 0 $0 $ 0.00
In-Lieu Fees
001-260-053 9260 T.I.D. Ditch Piping 0 $0 $ 0.00
001-3249- 141 Storm Drain Acreage 0 $0 $ 0.00
001-260-055 9260 Off-site Street Improvements 0 $0 $ 0.00 Non-Bonded Improvements
001-3266-000 1611 Street Signs 22 $ 276.00 $ 6,072.00
Other
001-3120-2 1252 Street Easement/Abandonment 0 $ 0.00 $ 0.00 Total = $ 230,888.28
Less Previously Paid = $ 0.00
Less Credits = $ 0.00
Amount Due = $ 230,888.28
Subdivision Improvement Agreement 14
Final Map of KCOK RANCH, NO. 4, 6 & 7
EXHIBIT “D”
Minimum Insurance Requirements, Coverage Types, Amounts Coverage Afforded Limits of Liability
Worker’s Compensation: As required by the State of California and Employer’s Liability Insurance
Commercial General Liability Insurance Including: $2,000,000 per occurrence for Bodily Injury, Personal Injury, and Property Damage. If
Commercial General Liability Insurance or other
form with a general aggregate limit is used, either
the general aggregate limit shall apply separately
to this project/location or the general aggregate
limit shall be twice (minimum $4,000,000) the
required occurrence limit.
a) Products & Completed Operations
b) Blanket Contractual
c) Explosion, Collapse & Underground Hazard
Automobile Liability Insurance including: $2,000,000 Bodily Injury and Property Damage. a) Non-owned
b) Leased
c) Hired Vehicles
Employer's Liability:
Subcontractors:
Verification of Coverage:
$1,000,000 per accident for bodily injury or
disease.
Contractor shall include all subcontractors as
insureds under its policies or shall furnish separate
certificates and endorsements for each
subcontractor. All coverages for subcontractors
shall be subject to all of the requirements stated
herein.
Contractor shall furnish the City with original
endorsements effecting coverage required by this
clause. The endorsements are to be signed by a
person authorized by that insurer to bind coverage
on its behalf. All Certificates of Insurance and
endorsements are to be received and approved by
the City before work commences. Upon the request
of the City, the Contractor’s insurer may provide
complete, certified copies of all required insurance
policies, including endorsements affecting the
coverage required by these specifications.
N KCOK RANCH, NO. 4, 6 & 7
REMAINDER
PM54-50 PARCEL 4 PM54-50 D.N. 2011-0051468
20 21
22 23
24 25 34 35
36 37 38 39
40 48
PROSPERITY AVE. MORRISON ROAD CASTLEROCK AVENUE KCOK RANCH NO. 3 RM45-04
SANTA FE TRAIL
CASTLEROCK AVENUE
REMAINDER
PM54-50 OVERALL BOUNDARY KCOK RANCH, NO. 4, 6 & 7
N
20 21
22 23
24 25
34 35
36 37
38 39
40 48
Δ=
Δ=
Δ=
SAGE VALLEY AVENUE
STONEBRIDGE AVENUE OCEAN STREET
MONARCH DUNES AVENUE
PIKEWOOD DRIVE
SPYGLASS PLACE
FISHER ISLAND COURT
SEE SHEET 7
105
106
30 43
89 85
84 83 64
29 31
6 28 27
13 26
14 25
15 93
79 80
78 77
81 100 101
102
103
104
54 49
53 57 50
56 55
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32 33 34 35
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61 68 OUTLOT B
67 71 72
73 74
75 76
60 65
63 62
66 OUTLOT A
21 3
4 5
11 9
8 10
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24 23 22
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107
7 16
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59 SEE SHEET 5 SEE SHEET 6
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52 70
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Δ Δ= SANTA FE TRAIL
KCOK RANCH, NO. 3 RM45-04
CASTLEROCK AVENUE MORRISON STREET HOBBLE CREEK COURT
KCOK RANCH, NO. 4, 6 & 7
N
88 92
51 Δ
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70 71
72 73
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82 Δ
Δ
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Δ
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Δ STONEBRIDGE AVENUE
MONARCH DUNES AVENUE
69 90
91 87
52 KCOK RANCH, NO. 4, 6 & 7
N
20 21
22 23
24 86
105
64 103
54 49
53 57
50 56
52 51
55 58
61 68
69 67
60 65
63 62
66 44
59 Δ
Δ Δ
Δ Δ
Δ
Δ
Δ Δ
Δ Δ
Δ Δ Δ Δ 47 45
48 46
Δ Δ Δ
Δ Δ ΔΔ
Δ
Δ
Δ
Δ
Δ STONEBRIDGE AVENUE SPYGLASS PLACE
FISHER ISLAND COURT
CORONADO AVENUE
70 Δ 87
35 MONARCH DUNES AVENUE Δ SANTA FE TRAIL N
KCOK RANCH, NO. 4, 6 & 7
34 35
36 37
38 39
Δ 105
106
43 42
41 101
102 103
108 109 110 99 98 97
39 38 37
44 Δ
Δ Δ
Δ
Δ Δ 45
Δ Δ
Δ
Δ
Δ
Δ Δ
Δ
Δ Δ Δ
Δ Δ
Δ Δ
Δ Δ 100
40 Δ 107
Δ MONARCH DUNES AVENUE
PIKEWOOD DRIVE
SPYGLASS PLACE OCEAN STREET
88 48 46
47 49
50 51 89
95 30
29 31 32 33 34 35
104
36 37
38 39
35 Δ
36 111 96 KCOK RANCH, NO. 4, 6 & 7
N
38 39
40 48
42 41 40 39 38 37 36
Δ
Δ Δ
ΔΔ
Δ
Δ Δ Δ Δ
Δ
Δ Δ
Δ Δ
30 29 41
28 27
13 26
14 15
32 33 34 35
17 18 19 20
39 38 37 36
24 23 22 21
Δ
Δ
31 40
25 16
Δ
SAGE VALLEY AVENUE OCEAN STREET
Δ CASTLEROCK AVENUE
36 KCOK RANCH, NO. 4, 6 & 7
N
111 20 21
Δ
Δ
Δ
6 2
1 3
4 5 11 9
8 10 12
7 Δ
OUTLOT A
Δ
Δ
Δ Δ Δ
OCEAN STREET OCEAN STREET 36 35 96 CASTLEROCK AVENUE
MORRISON STREET KCOK RANCH, NO. 4, 6 & 7
N
HOBBLE CREEK COURT
87 89 88
93 92
90 91
101
102 103 95
94 Δ Δ
Δ
Δ
Δ
Δ Δ=
Δ
Δ
Δ Δ Δ
Δ Δ
Δ MONARCH DUNES AVENUE
SPYGLASS PLACE
51 88
82 83 84
85 86 103
81 82
83 84
85 86 102
101 100 99 98 97 96 MONARCH DUNES AVENUE
Δ
Δ
Δ
Δ
Δ MONARCH DUNES AVENUE
Δ KCOK RANCH, NO. 4, 6 & 7
N
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Public Works - Streets
Submitted by: Andrew Bettencourt, Public Works Business Manager Agenda Title: 2025 Cape Seal Project
RECOMMENDED ACTION
Award and authorize the City Manager to sign contracts related to the City’s 2025 Cape Seal Project; and authorize the City Manager or designee to approve contract change orders in an amount not to exceed 10% of each contract amount.
Task Description Contractor Amount
Cape Seal Contractor VSS International of West Sacramento, CA $984,325 Labor Compliance Labor Consultants of California of Hanford, CA $5,100
SUMMARY
City staff posted a Request for Bids (RFB 26-817) on May 28, 2025 and advertised RFB 26-817 in the Visalia Times-Delta/Tulare Advance-Register on May 27, 2025 and June 3, 2025, requesting sealed bids for the City’s 2025 Cape Seal Project.
The RFP designated five areas in need of a Cape Seal application. Three of the areas were combined into a section designated Project A. A portion of the funding for the section designated Project A is being provided by CalRecycle’s Rubberized Pavement Grant Program ($64,073). Council approved the grant application submittal during its October 1, 2024 meeting.
The Cape Seal Project shall consist of a Chip Seal application followed by a Micro-Surfacing application.
All of the striping will be completed by City staff. The bid specified the work for the following:
• Mobilization & Demobilization
• Traffic Control
• 112,004 square yards of Asphalt Rubber Chip Seal (3/8” Grading) • 112,004 square yards of Micro-Surfacing (Type II)
On June 26, 2025, the City of Tulare received and opened the following bids pertaining to RFB 25-817:
Vendor Bid
Pavement Coatings of Sacramento, CA $1,131,686.00
American Pavement Systems of Modesto, CA $1,077,111.36
VSS International of West Sacramento, CA $984,325.00
After reviewing the bids, staff has determined that the proposed $984,325.00 bid from VSS International is the lowest responsive and responsible bid that meets the City’s needs as identified in the RFB.
FISCAL IMPACT & FUNDING SOURCES
This project is to be paid for by the Annual Transportation – Maintenance Account, which has a balance of $1,200,607.
Item #: 7.11
Consent
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
Staff will have the City Attorney review the contract if approved by Council.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. RFB 25-817 Bid Summary
2. Maps of Project Areas
3. Labor Consultants of California Proposal
Reviewed/Approved:
Bid # 25-817
Bid Opening Summary Sheet Title Cape Seal - Pavement Management Project Date/Time Thursday, June 26, 2025 at 2:00 p.m.
Name of Company City
- Amount
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6 7
8 9
10 11
12 Opened and Attested By:
Recorded By:
-81,,putyCity Clerk ,/ / ~ fl
4/JDR.bLA.J Be77c:3(0c..ou_lA-1 ~ ~
Witness:
Witness:
Note: Bids/RFP's are subject to review and verification.
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( 1 Vf-Nt,Px
Project Area A
1 Mobilization & Demobilization
2 Tratfic Gontrol
3 Asphalt Rubber GhiP Seal
4 Micro-Surfacing
I
1 65,580
65,580
Project Area B
I Mobilization & Demobilization
2 Traffic Gontrol
3 Asphalt Rubber GhiP Seal
4 Micro-Surfacing
24,764
24,764
Project Area G
I Mobilization & Demobilization 1
2 Traffic Gontrol 1
3 Asphalt Rubber ChiP Seal 21,660
4 Micro-Surfacing 21,660
Total Bid Amount
1 1
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Staff Report
Meeting: City Council
Date: July 15, 2025
Department: City Clerk
Submitted by: Melissa Wilcox, Chief Deputy City Clerk
Agenda Title: Appoint to the Library Board
RECOMMENDED ACTION
Confirm the mayor’s appointment of Lisa Hollingshead to the Library Board for a term of three years (July 1, 2025 through June 30, 2028).
SUMMARY
The Library Board was established pursuant to California Education Code § 18910 which states that a public library shall be managed by a board of library trustees, consisting of five members who serve three-year terms, to be appointed by the mayor with the consent of the Council. The Board advises staff and Council on all matters relating to library services. Meetings of the Board are held at 4:00 p.m. on the third Wednesday of each month at the Tulare Public Library.
Two members had terms that expired on June 30, 2025. One member advised staff that, after serving 12 years on the Board, they decided not to reapply. A notice of the vacancy was posted, and staff continues to receive applications to fill this vacancy.
The other member whose term expired, Lisa Hollingshead, did submit an application to be considered to continue serving on the Board. She has served on the Board since 1996. Mayor Isherwood has chosen to reappoint Ms. Hollingshead for another term.
FISCAL IMPACT & FUNDING SOURCES
There is no fiscal impact associated with this action.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
This item does not require a public hearing and was noticed as a part of the agenda.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Lisa Hollingshead’s Application
Reviewed/Approved:
Item #: 7.12
Consent
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Community Development - Planning
Submitted by: Steven Sopp, Principal Planner
Agenda Title: Zone Amendment No. 758
RECOMMENDED ACTION
Adopt a resolution to adopt the initial study/mitigated negative declaration prepared for the Santa Fe West Tentative Subdivision Map and Zone Amendment No. 758; and pass to print an ordinance approving Zone Amendment No. 758 changing the existing zoning designation from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential).
SUMMARY
This is a request by Blue Fern Development to subdivide approximately 33.48-acres into a 171-lot singlefamily residential subdivision. The applicant is proposing to re-zone the subject property to R-1-4 (SingleFamily Residential, 4,000 sq. ft. minimum lot area).
The proposed project site is located within the north-western portion of the City of Tulare, on the east side of North ‘E’ Street and between Zumwalt and West Gail Avenues. Entry access to the development will be established through two new points of access off North E Street as well as from one entry point from Zumwalt Avenue which will be extended along the northern boundary of the development.
Zone Amendment
The current zoning for the project site consists of several zoning designations including the R-1-6 (Singlefamily Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area). The applicant proposes to amend the zoning designation to allow for the proposed single-family residential development. The Zone Amendment is a request to change the existing zoning designation to R-1-4 (Low Density Residential). The proposed R-1-4 zone is consistent with the existing Low Density Residential General Plan Land Use Designation.
Tentative Subdivision Map
If approved, the recommended actions would enable the applicant to subdivide the project site into a 171- lot single family residential subdivision. The proposed subdivision would have two points of entry access from north ‘E’ Street and one from Zumwalt Avenue. The applicant would be required to extend all necessary utilities including water, sewer, electrical, and stormwater connections. Stormwater would be directed to a temporary stormwater basin to be provided within the northwest corner of the project site with stormwater ultimately being directed to a regional basin to be located to the northeast of the project site in the future as development occurs.
The project would develop all interior streets, including curb gutter and sidewalk and will extend Zumwalt Avenue along the northern property line. A 7-foot-tall block wall with backing-lot treatment and a class I bike lane will be required North ‘E’ Street. A 7 ft. tall block wall will be required to be constructed along the southern boundary of the project. A 12.5 ft. tall sound barrier will be required to be constructed along the eastern property line closest to the existing Union Pacific rail line, in order to attenuate nose generated from freight trains traveling along the railway. An assessment district in conformance with the Landscaping and Lighting Act of 1972 would be required to be formed to provide funding for the maintenance and servicing of landscaping improvements, sidewalks, and block walls within common lot Item #: 8.1
Public Hearing
areas (including areas of backing lot treatment), and for street maintenance on local streets within the project boundaries.
Planning Commission
On June 23, 2025, the Planning Commission voted 3-1 (one absent) to approve the Santa Fe West TSM and recommend that the City Council approve Zone Amendment No. 758.
FISCAL IMPACT & FUNDING SOURCES
As future development occurs, payment of entitlement, building permit, development impact fees, etc. will be required of the developer. Development will result in an increase in property tax value.
ENVIRONMENTAL REVIEW
An Initial Study/Mitigated Negative Declaration was prepared for this project for public review pursuant to provisions of the Public Resources Code, State of California, Section 21000 to 21177 of the California Environmental Quality Act (CEQA). The City of Tulare was the lead agency on the preparation of the Initial Study/Mitigated Negative Declaration. A notice of Public Hearing for the project, and the Notice of Intent to Adopt the Mitigated Negative Declaration was published on May 14, 2025.
A comment letter was received during the 30-day review period from the San Joaquin Valley Air Pollution Control District (SJVAPCD) and the Department of Conservation. The applicant’s consultant in conjunction with city staff have prepared responses for each of the comment letters received and have been incorporated into the final IS/MND attached.
On March 5, 2025, pursuant to Public Resources Code Section 21080.3.1, a request for review to determine if formal consultation is appropriate was sent to the Santa Rosa Rancheria Tachi Yokut Tribe.
No requests for tribal consultation were received from the tribe in response.
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
PUBLIC NOTICE
A notice of public hearing was published in The Visalia Times Delta on July 1, 2025, which is at least 10 days prior to the public hearing and was mailed to property owners within 300 feet of the subject property.
ALTERNATIVE ACTION
1. Approve with changes
2. Deny
3. Table
ATTACHMENTS
1. Resolution – IS / MND Adoption
2. Ordinance – Zone Amendment
3. Santa Fe West Tentative Subdivision Map
4. PC Package
5. Final /IS / MND (available in digital format only due to size) Reviewed/Approved:
RESOLUTION 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TULARE
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE SANTA FE WEST TENTATIVE SUBDIVISION MAP AND ZONE AMENDMENT NO. 758
WHEREAS, the City Council of the City of Tulare held a regular meeting on July 15, 2025 to adopt a Mitigated Negative Declaration prepared for the Santa Fe West Tentative Subdivision Map and Zone Amendment No. 758; and
WHEREAS, the City Council of the City of Tulare determined that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act; and WHEREAS, the City Council of the City of Tulare considered the proposed Mitigated Negative Declaration and finds that there is no substantial evidence that the project will have a significant effect on the environment after mitigation; and WHEREAS, the City Council of the City of Tulare determined that the proposed Mitigated Negative Declaration reflects the lead agency’s independent judgment and analysis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. The Mitigated Negative Declaration prepared for the Santa Fe West Tentative Subdivision Map and Zone Amendment No. 758 are hereby adopted.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of July 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
ORDINANCE 2025-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TULARE
AMENDING THE ZONING MAP OF THE CITY BEING A PART OF SECTION 10.24.05 OF SAID CODE ZONE AMENDMENT NO. 758
WHEREAS, the Council of the City of Tulare finds that this application is necessary to achieve the objectives of the Zoning Title prescribed in Section 10.04.02 of the Tulare City Code; and
WHEREAS, the Council of the City of Tulare finds that this zone change is in conformance with the adopted General Plan for the City of Tulare; and, WHEREAS, the Council of the City of Tulare finds that the request will not be detrimental to the public interest, health, safety, convenience or welfare of the City; and, WHEREAS, the Council of the City of Tulare finds that a Mitigated Negative Declaration has been prepared in accordance with the California Environmental Quality Act.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Tulare as follows:
SECTION 1. The Zoning Map of the City of Tulare as referred to in Section 10.06.060 of the City Code of the City of Tulare, and as enacted, being made a part of the Zoning title of said Code in Section 10.06.060; thereof, a property portion of said map, being attached hereto, is hereby amended as follows:
Rezoning approximately 33.48-acres of property from the from R-1-6 (Single-family Residential, 6,000 sq. ft. minimum lot area), R-1-12.5 (Single-family Residential, 12,500 sq. ft. minimum lot area) and R-1-20 (Single-family Residential, 20,000 sq. ft. minimum lot area) to R-1-4 (Low Density Residential) zoning designation and is located at the southeast corner of Zumwalt Avenue and north ‘E’ Street, as set forth more specifically on said map.
SECTION 2. If any section, subsection, sentence, clause, or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.
SECTION 3. Pursuant to Section 15 of the Charter of the City of Tulare, it is ordered that a summary of this ordinance be issued in a daily newspaper of general circulation in the City of Tulare for one day and that the ordinance be available in at least one public place at the City offices. This ordinance shall be in full force and effect 30 days from and after the date of its adoption.
ORDINANCE 2025-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this XX day of XXXX 202X.
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
SANTA FE WEST SUBDIVISION
March 2025
The Project proposes to subdivide a 32.97-acre site in the northern part of the City of Tulare to create 171 single-family homes. Infrastructure improvements will include public streets, utilities, and a temporary onsite stormwater basin. The site, currently zoned R-1-8 and R-1-12, and used as farmland, will be rezoned to R-1-4. The proposed lot sizes will range from 5,000 sq. ft. to 14,948 sq. ft., with a gross density of 5.19 units per acre.
The development will provide street interconnectivity with existing residential areas to the west and address local housing needs. Construction will occur in two phases: Phase one includes 96 homes and the extension of Russell Drive, while phase two includes 75 homes and the extension of Zumwalt Ave.
SURVEYING I STRUCTURAL I CIVIL I PLANNING I ARCHITECTURE
SUBJECT
PROPERTY
324 S Santa Fe, STE A
Visalia, CA
559.802.3052
[email protected]
www.4-creeks.com
SET NOT FOR
CONSTRUCTION
For planning purposes
SURVEYING
only, do not scale drawings
I STRUCTURAL I CIVIL I PLANNING I ARCHITECTURE
REQUIRED ENTITLEMENTS
• Tentative Subdivision Map
• Rezone
SITE INFORMATION
APN: 164-100-008, 009
Acreage: ±32.97 AC
Jurisdiction: City of Tulare
Current Use: Farmland
Proposed Use: Single-Family Residential
Zoning (Existing): R-1-8, R-1-12
Zoning (Proposed): R-1-4 or R-1-5
General Plan (Existing): Low Density Residential
General Plan (Proposed): Low Density Residential
UTILITIES
Water: City of Tulare
Stormwater: Temporary on-site stormwater basin
Sewer: City of Tulare
Electricity: Southern California Edison
Natural Gas: Southern California Gas
Telephone: AT&T
PROJECT INFORMATION
Number of Lots: 171
Minimum Lot Size: 5,000 SF
Maximum Lot Size: 14,948 SF
Gross Density: 5.19 DU/Acre
Required Parkspace
Parkspace Acres Required: 2.81 acres
*Parkspace dedication to be met through in-lieu fees.
SHEET INDEX
P1.0 Tentative Subdivision Map
P2.0 Details
PROJECT DIRECTORY
Owner:
Steven Whitten
324 S. Santa Fe St., Ste. A
Visalia, CA 93292
Agent:
David Duda AICP (4Creeks, Inc.)
324 S Santa Fe St A Phone: (559) 802-3052
Visalia, CA 93292 Contact: [email protected]
Agent:
Emileo Padilla Chavez (4Creeks, Inc.)
324 S Santa Fe St A Phone: (559) 802-3052
Visalia, CA 93292 Contact: [email protected]
SANTA FE WEST SUBDIVISION
March 2025
VICINITY MAP
ASE 2
8 UNITS
PHASE 1
96 UNITS
X X X X X X X X X
Block Wall
Block Wall
SAND DITCH
TID CANAL
ACCESS ROAD
TULARE IRRIGATION CANAL
UPRR
9607 S.F.
LOT D (DITCH ACCESS ROAD)
S.F.
5868 S.F.
10 5856 S.F.
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12 5830 S.F.
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61 5794 S.F.
60 5806 S.F.
59 117'
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41'
115'
76'
102'
76'
115'
81' 19'
102'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115' 50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
50'
115'
5750 S.F.
122 5750 S.F.
123 5750 S.F.
124 5750 S.F.
125 5750 S.F.
126 5750 S.F.
127 5750 S.F.
128 5750 S.F.
129
7471 S.F.
130
9758 S.F.
131
5750 S.F.
132
5750 S.F.
133
5750 S.F.
134
5750 S.F.
135
5750 S.F.
136
5750 S.F.
137
5750 S.F.
138
5750 S.F.
139
50'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
23'
41'
115'
76'
102'
76'
115'
81' 19'
102'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115
50'
115'
5750 S.F.
162
5750 S.F.
163
5750 S.F.
164
5750 S.F.
165
5750 S.F.
166
5750 S.F.
167
5750 S.F.
168
5750 S.F.
169
5750 S.F.
150 5750 S.F.
151 5750 S.F.
152 5750 S.F.
153 5750 S.F.
154 5750 S.F.
155 5750 S.F.
156 5750 S.F.
157 5750 S.F.
158
7447 S.F.
159
9734 S.F.
160
5750 S.F.
161
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115
50'
115'
50'
115
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
23'
41'
115'
76'
102'
76'
115'
81' 19'
102'
50'
115'
50'
115'
15091 S.F.
55 9847 S.F.
7281 S.F. 56
57 5817 S.F.
58 103'
45'
137' 5' 41'
38'
116'
41'
110'
139'
137'
12'
41 24''
116'
50'
110'
50'
116'
50'
116'
116'
5500 S.F.
48 5500 S.F.
49 5500 S.F.
50 5500 S.F.
51 5500 S.F.
52 5493 S.F.
53 6052 S.F.
54 110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
37' 13'
108'
50'
108'
11' 37'
103'
73' 116'
5500 S.F.
40 5500 S.F.
41 5500 S.F.
42 5500 S.F.
43 5500 S.F.
44 5500 S.F.
45 5500 S.F.
46 5500 S.F.
47 110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50' 50'
110'
50'
110'
110'
50'
110'
50'
110'
50'
110'
50' 50'
6348 S.F.
37 5466 S.F.
38 5500 S.F.
39 113'
42'
105'
105'
22'
29'
110'
50'
110'
50'
110'
50'
50'
5750 S.F.
33 5750 S.F.
34 0' 50' 115'
50'
115'
115' 116'
116' 0' 50' 115'
47' 3' 115' 116'
90'
60'
59'
59'
6615 S.F.
35 11439 S.F.
36 0' 72'
115' 18' 32'
109'
115'
90'
5' 87'
109'
40'
113'
70'
105'
83'
J STREET
58'
ADDITIONAL STREET EASEMENT
NEEDED FROM NORTH PROPERTY OWNER
VICINITY MAP
CITY OF
TULARE
NORTH E STREET
ZUMWALT AVE
TULARE
COUNTY
E ST SUBDIVISION
BEING A PORTION OF PARCELS 8 AND 9, RECORDED IN BOOK 164 AT PAGE 100, TCR. OF PARCEL MAP 4798, RECORDED IN BOOK 103 OF MAPS, AT PAGE 28, TCR. LOCATED IN THE NORTHWEST 1
4 OF THE SOUTHEAST 14 OF SECTION 34, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MDB&M, IN THE CITY OF TULARE, COUNTY OF TULARE, STATE OF CALIFORNIA ENTITLEMENTS REQUIRED:
- TENTATIVE SUBDIVISION MAP
- GENERAL PLAN AMENDMENT
SITE INFORMATION:
APN: 164-100-008, 009
TOTAL AREA: ±32.97 AC. (GROSS)
FLOOD ZONE: N/A
JURISDICTION: CITY OF TULARE
EXISTING ZONING: R-1-8, R-1-12
PROPOSED ZONING: R-1-5 (OR R-1-4)*
EXISTING GENERAL PLAN: LOW DENSITY RESIDENTIAL
PROPOSED GENERAL PLAN: LOW DENSITY RESIDENTIAL
EXISTING USE: VACANT
PROPOSED USE: SINGLE-FAMILY RESIDENTIAL (174 lots)
UTILITIES:
SEWER SERVICE: CITY OF TULARE
WATER SERVICE: CITY OF TULARE
STORMWATER: CITY OF TULARE (WITH TEMPORARY ON-SITE
STORMWATER BASIN)
GAS SERVICE: SOUTHERN CALIFORNIA GAS
ELEC. SERVICE: SOUTHERN CALIFORNIA EDISON
REFUSE SERVICE: CITY OF TULARE
*PROPOSED ZONING IS DEPENDANT ON OUTCOME OF ZONING ORDINANCE LITIGATION CONCEPT 3
January 14, 2024
PROJECT
AREA
SET NOT FOR CONSTRUCTION
For planning purposes only, do not scale drawings
324 S Santa Fe, STE A
Visalia, CA
559.802.3052
[email protected]
www.4-creeks.com
TENTATIVE SUBDIVISION MAP
P1.0
TEMPORARY
STORMWATER BASIN
PHASE 2
75 UNITS
X X X X X X X X X X X X X X X X X X X X X X
(E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS (E) SS PHASE 1
96 UNITS
Block Wall
Block Wall
SAND DITCH
TID CANAL
ACCESS ROAD
TULARE IRRIGATION CANAL
UPRR
9607 S.F.
LOT D (DITCH ACCESS ROAD)
6712 S.F.
68 6679 S.F.
67 6691 S.F.
66 6702 S.F.
65 6714 S.F.
64 6725 S.F.
63 6737 S.F.
62 6748 S.F.
61 6760 S.F.
60 6746 S.F.
59 5962 S.F.
58 5794 S.F.
57 5806 S.F.
56 7842 S.F.
71 7409 S.F.
70 6949 S.F.
69 50'
136'
50'
133' 2' 48' 133'
50'
134'
50'
134'
50'
134'
50'
134'
50'
134'
50'
134'
50'
134'
50'
134'
50'
135'
50'
135'
50'
135'
50'
135'
50'
135'
50'
135'
50'
135'
50'
135'
41' 11' 130'
50'
130' 29' 25'
116'
50'
116'
50'
116'
50'
116'
50'
116'
50'
159'
50'
153'
12' 22' 17' 153'
50'
143'
51'
143'
50'
136'
6787 S.F.
88 5750 S.F.
89 5750 S.F.
90 5750 S.F.
91 5750 S.F.
92 5750 S.F.
93 5750 S.F.
94 5750 S.F.
95 5750 S.F.
96 5750 S.F.
97 5750 S.F.
98 5750 S.F.
99 7495 S.F.
100
9782 S.F.
101
5750 S.F.
102
5750 S.F.
103
5750 S.F.
104
5750 S.F.
105
5750 S.F.
106
5750 S.F.
107
5750 S.F.
108
5750 S.F.
109
5750 S.F.
110
5750 S.F.
111
5750 S.F.
112
6787 S.F.
113
45'
21' 100'
60'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
23'
41'
115'
76'
102'
76'
115'
81' 19'
102'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
60'
100' 21'
45'
115'
6787 S.F.
114 5750 S.F.
115 5750 S.F.
116 5750 S.F.
117 5750 S.F.
118 5750 S.F.
119 5750 S.F.
120 5750 S.F.
121 5750 S.F.
122 5750 S.F.
123 5750 S.F.
124 5750 S.F.
125 5750 S.F.
126
7471 S.F.
127
9758 S.F.
128
5750 S.F.
129
5750 S.F.
130
5750 S.F.
131
5750 S.F.
132
5750 S.F.
133
5750 S.F.
134
5750 S.F.
135
5750 S.F.
136
5750 S.F.
137
5750 S.F.
138
5750 S.F.
139
5750 S.F.
140
6787 S.F.
141
45'
21' 100'
60'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115' 50'
115'
50'
115' 50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
23'
41'
115'
76'
102'
76'
115'
81' 19'
102'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
60'
100' 21'
45'
115'
5750 S.F.
159
5750 S.F.
160
5750 S.F.
161
5750 S.F.
162
5750 S.F.
163
5750 S.F.
164
5750 S.F.
165
5750 S.F.
166
5750 S.F.
167
5750 S.F.
168
5750 S.F.
169
5736 S.F.
170 6586 S.F.
171
6787 S.F.
142 5750 S.F.
143 5750 S.F.
144 5750 S.F.
145 5750 S.F.
146 5750 S.F.
147 5750 S.F.
148 5750 S.F.
149 5750 S.F.
150 5750 S.F.
151 5750 S.F.
152 5750 S.F.
153 5750 S.F.
154 5750 S.F.
155
7447 S.F.
156
9734 S.F.
157
5750 S.F.
158
50'
115'
50'
115'
50'
115'
50'
115'
50'
115' 50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
114' 34' 16'115'
60'
44' 41' 28'
49'
114'
45'
21' 100'
60'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
23'
41'
115'
76'
102'
76'
115'
81' 19'
102'
50'
115'
50'
115'
15091 S.F.
52 5817 S.F.
55 45'
137' 5' 41'
38'
116'
50'
116'
50'
116'
116'
5500 S.F.
45 5500 S.F.
46 5500 S.F.
47 5500 S.F.
48 5500 S.F.
49 5493 S.F.
50 6052 S.F.
51 110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
37' 13'
108'
50'
108'
11' 37'
103'
73'
103'
5500 S.F.
37 5500 S.F.
38 5500 S.F.
39 5500 S.F.
40 5500 S.F.
41 5500 S.F.
42 5500 S.F.
43 5500 S.F.
44 110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
110'
50'
50'
110'
50'
110'
110'
50'
110'
50'
110'
50'
110'
50' 50'
60'
59'
59'
W GAIL AVE
RUSSEL DRIVE
ADMIRAL AVE
J STREET
ZUMWALT AVE
58'
58'
58'
58'
58'
58'
29'
5932 S.F.
5 5750 S.F.
23 5919 S.F.
6 5906 S.F.
7 5750 S.F.
24 5750 S.F.
25 5894 S.F.
8 7011 S.F.
9 6821 S.F.
26 6907 S.F.
10 6821 S.F.
27 5835 S.F.
11 5750 S.F.
28 5750 S.F.
29 5823 S.F.
12 5810 S.F.
13 5750 S.F.
30 5750 S.F.
31 5750 S.F.
21 5750 S.F.
19 5750 S.F.
20 5970 S.F.
2 5957 S.F.
3 5945 S.F.
4 5750 S.F.
22 50'
119'
50'
119'
50'
115'
50'
115'
50'
119'
50'
118'
50'
118'
50'
118'
50'
115'
50'
115'
50'
115'
50'
115'
50'
118'
50'
118'
21'
46'
118'
61'
102'
61'
115'
45' 21'
100'
45'
21'
102'
60'
117'
60'
100' 21'
46'
115'
50'
117'
50'
117'
50'
115'
50'
115'
50'
115'
50'
115'
50'
117'
50'
116'
50'
116'
50'
116'
50'
115'
50'
115'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
115'
50'
120'
50' 0'
50'
119'
50'
119'
50'
119'
50'
119'
50'
115'
50'
115'
BLOCK WALL TO EXTEND ALONG
FULL LENGTH OF EASTERN PROPERTY
BOUNDARY AND BEHIND CUL-DE-SAC
12' STREET EASEMENT
5797 S.F.
14 5684 S.F.
15 4511 S.F.
16 8343 S.F.
17 50'
116'
50'
116'
50'
116'
33'
20' 116'
50'
105'
49'
7'
105'
3' 47'
13'
84'
85'
86'
146'
6248 S.F.
32 10332 S.F.
33 10284 S.F.
34 5466 S.F.
35 5500 S.F.
36 50' 3'
115' 18' 22' 20' 106' 105'
47'
85'
13'
47' 86'
106'
39'
142'
146'
142'
55'
105'
140'
105'
22'
29'
110'
50'
110'
50'
110'
50'
6634 S.F.
54 10493 S.F.
53 41 24''
116'
50'
112'
38'
25' 50' 50' 50' 50' 139' 5' 41'
29' 11'
477'
50'
116'
53'
112'
139'
137'
2148 S.F.
LOT A LLD 6726 S.F.
1 6428 S.F.
18 9597 S.F.
LOT B LLD
5493 S.F.
87 5300 S.F.
86 5300 S.F.
85 5300 S.F.
84 5300 S.F.
83 5300 S.F.
82 5300 S.F.
81 5300 S.F.
80 5300 S.F.
79 5300 S.F.
78 5300 S.F.
77 5300 S.F.
76 5300 S.F.
75 5300 S.F.
74 5770 S.F.
73 8960 S.F.
72 1499 S.F.
LOT C LLD
14'
110' 115'
7 52' '
56'
120'
0'
119'
56'
7'
51'
115'
115' 0'
38' 21'
86'
6 71' '
21'
40' 50' 50' 50' 50' 50' 50' 50' 50' 50' 50' 50' 50'
7'
106'
48'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
106'
50'
106'
30' 21'
25' 26' 7'
56'
159'
153'
14'
10'
EXISTING 12' WATER EXISTING 10" SS
30" SD (CITY REIMBURSEMENT)
12' WATER (CITY REIMBURSEMENT)
POSSIBLE 12"
WATER BORING
CONNECTION
(CITY REIMBURSMENT)
EXISTING 12' FUNDING
WATER TIE IN
SD TIE IN
NORTH E ST
SS CONNECTION
SS TIE IN
BLOCK WALL
CLASS 1 BIKE LANE
BLOCK WALL
CLASS 1 BIKE LANE
82'
82'
NORTH
0' 80'
PHASE 2
75 UNITS
PHASE 1
96 UNITS
TEMPORARY
STORMWATER BASIN
NORTH E ST
46'
Block Wall
Block Wall
Class I Bike Lane
Block Wall
Class I Bicycle Lane
Class I Bicycle Lane
Block Wall
Block Wall
SAND DITCH
TID CANAL
ACCESS ROAD
TULARE IRRIGATION CANAL
UPRR
W GAIL AVE
RUSSEL DRIVE
ADMIRAL AVE
J STREET
ZUMWALT AVE
58'
58'
58'
58'
58'
58'
29'
BLOCK WALL TO EXTEND ALONG
FULL LENGTH OF EASTERN PROPERTY
12' STREET EASEMENT BOUNDARY AND BEHIND CUL-DE-SAC
6608 S.F.
114
6608 S.F.
141
5600 S.F.
115
5600 S.F.
140
5600 S.F.
116
5600 S.F.
139
5600 S.F.
117
5600 S.F.
138
5600 S.F.
118
5600 S.F.
137
5600 S.F.
119
5600 S.F.
136
5600 S.F.
120
5600 S.F.
135
5600 S.F.
121
5600 S.F.
134
5600 S.F.
122
5600 S.F.
133
5600 S.F.
123
5600 S.F.
132
5600 S.F.
124
5600 S.F.
131
5600 S.F.
125
5600 S.F.
130
5600 S.F.
126
5600 S.F.
129
7471 S.F.
127
9642 S.F.
128
6608 S.F.
142
6637 S.F.
171
5600 S.F.
143
5764 S.F.
170
5600 S.F.
144
5766 S.F.
169
5600 S.F.
145
5753 S.F.
168
5600 S.F.
146
5740 S.F.
167
5600 S.F.
147
5727 S.F.
166
5600 S.F.
148
5715 S.F.
165
5600 S.F.
149
5702 S.F.
164
5600 S.F.
150
5689 S.F.
163
5600 S.F.
151
5676 S.F.
162
5600 S.F.
152
5664 S.F.
161
5600 S.F.
153
5651 S.F.
160
5600 S.F.
154
5638 S.F.
159
5600 S.F.
155
5625 S.F.
158
7336 S.F.
156
9520 S.F.
157
5500 S.F.
39 5500 S.F.
40 5500 S.F.
41 5500 S.F.
42 5500 S.F.
43 5500 S.F.
44 5500 S.F.
45 5500 S.F.
46 5500 S.F.
47 5500 S.F.
48 5500 S.F.
49 5493 S.F.
50 5339 S.F.
35 5500 S.F.
36 5500 S.F.
37 5500 S.F.
38 5290 S.F.
16 10125 S.F.
17 8005 S.F.
72 7842 S.F.
71 8286 S.F.
10 6410 S.F.
27 6999 S.F.
11 5400 S.F.
28 6999 S.F.
12 5400 S.F.
29 6999 S.F.
13 5400 S.F.
30 6999 S.F.
14 5400 S.F.
31 6789 S.F.
15 6052 S.F.
51 1505 S.F.
LOT C
6712 S.F.
68 6679 S.F.
67 6691 S.F.
66 6702 S.F.
65 6714 S.F.
64 6725 S.F.
63 6737 S.F.
62 6748 S.F.
61 6760 S.F.
60 6746 S.F.
7409 S.F. 59 70
6949 S.F.
69 45'
21' 97'
60'
112'
60'
97' 21'
45'
112'
50'
112'
50'
112'
50'
112'
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112'
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23'
43'
112'
77'
99'
77'
112'
82' 19'
99'
45'
21' 97'
60'
112'
60'
45' 41' 28'
49'
114'
50'
112'
50'
112'
50'
114' 34' 16' 115'
50'
112'
50'
112'
50'
115'
50'
115'
50'
112'
50'
112'
50'
115'
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112'
50'
112'
50'
113'
50'
112'
23'
42'
112'
76'
99'
76'
112'
81' 19'
99'
110'
50'
110'
50'
110'
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110'
50'
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110'
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37' 13'
108'
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101' 18' 22' 12'
110'
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110'
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110'
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55'
2'
122'
2' 45'
15'
94'
100'
82' 8'
172'
710' 35' ' 156'
50'
159'
50'
159'
50'
153'
45'
21'
125'
60'
140'
60'
93' 21'
46'
108'
50'
140'
50'
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108'
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108'
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108'
44'
12'140'
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108'
11' 37'
103'
73'
50'
136'
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133' 2' 48' 133'
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41' 11' 130'
12' 22' 17' 153'
50'
143'
51'
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136'
5778 S.F.
32 8828 S.F.
33 9417 S.F.
34 50' 2'
108' 20' 22' 16' 99'
108'
122'
45'
100'
45' 82'
99'
40'
140'
172' 8'
140'
40'
101'
128' 50'
12' WATER (CITY REIMBURSEMENT)
EXISTING 12' WATER
EXISTING 12' WATER
POSSIBLE 12" WATER
BORING CONNECTION
(CITY REIMBURSEMENT)
WATER TIE IN
EXISTING 36" SD
30" SD (CITY REIMBURSEMENT) SD TIE IN
SD CONNECTION
EXISTING 10" SS
SS TIE IN
SS CONNECTION
7087 S.F.
88 6608 S.F.
113
5955 S.F.
89 5600 S.F.
112
5843 S.F.
90 5600 S.F.
111
5726 S.F.
91 5600 S.F.
110
5624 S.F.
92 5600 S.F.
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5600 S.F.
93 5600 S.F.
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5600 S.F.
94 5600 S.F.
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5600 S.F.
95 5600 S.F.
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5600 S.F.
96 5600 S.F.
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5600 S.F.
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99 5600 S.F.
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7606 S.F.
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9776 S.F.
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30' 15'
21' 105'
60'
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97' 21'
45'
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3 19' 1'
120'
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2200 S.F.
LOT A
6110 S.F.
23 6227 S.F.
24 6342 S.F.
25 7597 S.F.
26 7156 S.F.
9 5999 S.F.
8 5999 S.F.
7 50'
121'
2' 48'
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126' 26' 24' 128'
61'
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113'
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61'
105'
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9283 S.F.
LOT B
5190 S.F.
73 5000 S.F.
74 5000 S.F.
75 5000 S.F.
76 5000 S.F.
77 5000 S.F.
78 5000 S.F.
79 5000 S.F.
80 5000 S.F.
81 5000 S.F.
82 5000 S.F.
83 5000 S.F.
84 5000 S.F.
85 5000 S.F.
86 5025 S.F.
87 18'
100'
42' 13' 6' 71' 14'
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7 86 '' 13' 42'
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5987 S.F.
18 5999 S.F.
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21 6016 S.F.
22 6023 S.F.
1 5999 S.F.
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5 50'
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5999 S.F.
6 50'
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EXISTING 12' WATER
R54'
14948 S.F.
52 10079 S.F.
53 6484 S.F.
54 5667 S.F.
55 5656 S.F.
56 5644 S.F.
57 5893 S.F.
58 10833 S.F.
LOT D (DITCH ACCESS ROAD)
103'
45'
133'
50'
34'
116' 73'
53'
109'
137'
133'
41 24''
113'
50'
109'
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130' 34' 20' 113'
130'
NORTH
0' 80'
SET NOT FOR CONSTRUCTION
For planning purposes only, do not scale drawings
324 S Santa Fe, STE A
Visalia, CA
559.802.3052
[email protected]
www.4-creeks.com
DETAILS
P2.0
CROSS SECTIONS
NOT TO SCALE
Internal Residential Streets & Zumwalt Ave
North E Street
Staff Report
Meeting: City Council
Date: July 15, 2025
Department: Engineering Services - Engineering
Submitted by: Michael Miller, City Engineer
Agenda Title: Landscape Maintenance Assessments for Fiscal Year 2026
RECOMMENDED ACTION
Adopt a resolution confirming diagram and landscape maintenance assessments and levying assessments for Fiscal Year 2026 and authorize the City Manager to execute a Compliance Certification and Hold Harmless Statement in connection thereto.
SUMMARY
Each year City Council is required to set landscape maintenance assessments for the upcoming fiscal year. On June 17, 2025, Council adopted Resolution 2025-32 setting July 15, 2025 as the public hearing date to adopt landscape maintenance assessments for Fiscal Year 2026 and directing the City Engineer to file the required Engineer’s Report with the City Clerk.
The public hearing will allow property owners within each of the twenty-nine landscape districts to comment on the proposed Fiscal Year 25-26 assessment for their district. The proposed assessments compare to the prior fiscal year as follows:
• eight districts are proposed to decrease,
• eleven districts are proposed to increase,
• eight districts would experience no change from the prior year, • one district will be assessed for the first time, and • one district has not yet completed any improvements requiring maintenance and therefore does not have any proposed assessments.
For the eleven districts that would experience an increase in assessment, none of the proposed assessments exceed the rate approved by property owners at the time of their formation, accounting for CPI adjustments where allowed. Therefore, with regard to Proposition 218 requirements, they do not constitute an assessment increase that would trigger the need for property owner approval by ballot.
Due to its size, electronic copies of the Engineer’s Report will be made available to councilmembers through the City Clerk’s office. A Compliance Certification and Hold Harmless Statement is required to be signed by the City Manager upon approval of the Council and submitted to the County in conjunction with the assessments.
FISCAL IMPACT & FUNDING SOURCES
Revenue generated through the proposed assessments will be directed into the respective landscape and lighting district accounts and shall solely be used for the purposes identified in the Engineer’s Report for Fiscal Year 2026.
ENVIRONMENTAL REVIEW
This action does not constitute a ‘project’ pursuant to the California Environmental Quality Act (CEQA).
CONFLICT OF INTEREST
Staff is not aware of any conflicts of interest.
LEGAL REVIEW
This item does not require legal review.
Item #: 8.2
Public Hearing
PUBLIC NOTICE
A notice of public hearing was published in the Visalia Times Delta on June 19, 2025, which is at least 10 days prior to the public hearing.
ALTERNATIVE ACTION
1. Approve with changes - Substantial changes to the Resolution Levying Assessments could impact improvements and services provided to the respective districts and could increase the risk of legal challenge.
2. Deny - Not an option. Adoption of a Resolution is a legally required step in accordance with the Landscaping and Lighting Act of 1972 for establishing assessments for the coming fiscal year.
3. Table - Assessments for the coming fiscal year must be adopted by Council and provided to the Tulare County Tax Collector’s office by August 11th. Tabling this item until the next available Council meeting date (August 5, 2025) would not allow sufficient time for City staff to complete and submit the required documentation to the County by the August 11, 2025 deadline.
ATTACHMENTS
1. Resolution
2. Engineer’s Report (available in digital format only due to size)
3. Compliance Certification and Hold Harmless Statement Reviewed/Approved:
RESOLUTION 2025-XX
A RESOLUTION OF THE COUNCIL OF THE CITY OF TULARE
CONFIRMING THE DIAGRAM AND LEVYING ASSESSMENT FOR FISCAL YEAR 2026 BE IT RESOLVED by the City Council of the City of Tulare, as follows:
Section 1. Pursuant to Chapter 3 of the Landscaping and Lighting Act of 1972, the City Council directed Michael Miller, City Engineer of Work for Assessment Districts has prepared and filed a report for Fiscal Year 2026.
Section 2. The City Engineer of work filed his annual report on June 17, 2025, the City Council adopted its resolution of intention to levy and collect assessments within assessment districts for Fiscal Year 2026 and set a public hearing for July 15, 2025, in the City Council Chambers, 491 North M Street, Tulare, California. Notice of the hearing was given in the time and manner required by law.
Section 3. At the public hearing, the Council of the City of Tulare afforded to every interested person an opportunity to make a protest to the report either in writing or orally and has considered each protest.
Section 4. Assessments for Fiscal Year 2026 are hereby set for the following landscape maintenance districts:
89-01 North Oaks Estates $110.00
89-02 The Grove Subdivision
Single-family lots $320.00
Single-family 1 ½ size lots (lot mergers) $480.00
Single-family double size lots (lot line adjustments) $640.00 90-01 Southgate Villa No. 11
Single-family lots $190.00
Multi-family lots $570.00
91-01 Westwood Village Estates $94.00
93-01 Sunrise Estates $109.00
2000-01 Del Lago Subdivisions
Single-family lots $336.00
Single-family double size lots (lot merger) $672.00
2001-01 Autumn Glen Subdivision $46.00
2003-01 Shadow Wood and Majestic Subdivisions $60.00
2003-02 Kaweah Estates $42.00
2005-01 Academy Estates $125.00
2005-02 Palm Ranch, Woodbridge, and Cambridge Subdivisions $194.00 2005-03 Admiral Estates, Gail Estates, and Heritage North Subdivisions $235.00 2005-04 Valley Estates, Montecito, and Sherwood North Subdivisions $140.00 2005-05 Rancho Ventura (Inactive) $0.00
Resolution 2025-XX
2005-06 The Greens Subdivision
Single-family lots $150.00
Single-family double size lots (lot merger) $300.00
2005-07 Westgate Estates $165.00
2005-08 California Ranchos and Cottonwood Estates
Single-family lots $150.00
Single-family double size lots (lot merger) $330.00
2007-01 Goble Court Subdivision
Single-family lots $90.00
2010-01 Sycamore $200.00
2016-01 Sierra Vista No. 2
Single-family lots $197.00
Single-family double size lots (lot merger) $394.00
2018-01 Willow Glen and Kensington Estates $336.00
2018-02 The Greens at Oak Creek and Oak Creek #’s 2 - 4 Single-family lots $163.00
Multi-family lot (Oak Creek #2) $2,445.00
Multi-family lots (Oak Creek #3) $206.00
Multi-family lots (Oak Creek #4) $245.00
2020-01 Farrar Estates $375.00
2021-01 Oakcrest $206.00
2021-02 Liberty Hill $327.00
2022-01 Fernjo Estates $265.00
2024-01 Wild Oak $455.00
2024-02 Fulton Estates $350.00
2025-01 Mission Creek $0.00
Section 5. The Council of the City of Tulare hereby confirms that the assessments set forth in the Engineer’s Report are made without regard to property valuation and are in compliance with California Code.
Section 6. The Council of the City of Tulare hereby confirms the diagrams and assessments as set forth in the Engineer’s Report, and hereby levies the assessments set forth therein for Fiscal Year 2026, pursuant to Section 22631 of the Streets and Highways Code. /////
Resolution 2025-XX
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Tulare this 15th day of July 2025, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
Patrick Isherwood, President of the Council
and Ex-Officio Mayor
ATTEST:
Marc Mondell, City Clerk
By Melissa Wilcox, Chief Deputy City Clerk
CITY OF TULARE
Landscape Maintenance Districts Engineer's Report
for
Fiscal Year 2025 - 2026
Michael W. Miller, P.E.
Gity Engineer
City of Tulare
411 E. Kern Avenue
Tulare, CA 93274
(559) 684-4207
Vll. Certification ..........32
ll. Plans & Specifications 3
lll. Description of lmprovements 5
lV. Method of Apportionment ....13
Discussion of Benefit ..............13
General verses Special Benefit..... ...................15 Method of Assessment ............ .... 15
Assessment Apportionment ......... . ... . 15
V. Bud9ets............ .......22
Budget Summary ... ..23
Assessment Comparison......... ... .... .26
Vl. Assessment..... 29
Table of Contents
Vlll. Assessment Diagrams....... 33
Assessment District 89-01: North Oaks Estates Subdivision.......... ...................34 Assessment District 89-02: The Grove Subdivision ................35 Assessment District 90-01: Southgate Villa No. 11 Subdivision ..............36 Assessment District 91-01. westwood Village Estates subdivision .....37 Assessment District 93-01. Sunrise Estates Subdivision .........3g Assessment District 2000-01: Del Lago Subdivisions......... ...................39 Assessment District 2001-01: Autumn Glen Subdivision .................40 Assessment District 2003-01: shadow wood and Majestic Subdivisions.... .........41 Assessment District 2003-02'. Kaweah Estates Subdivision ........42 Assessment District 2005-01: Academy Estates Subdivision ........43 Assessment District 2005-02, Palm Ranch, Woodbridge, and Cambridge Subdivisions ....44 Assessment District 2005-03: Admiral Estates, Gail Estates, and Heritage North Subdivisions ......... . ........45
Assessment District 2005-04'. Valley Estates, Montecito, and Sherwood North Subdivisions . ...46
Assessment District 2005-05: Rancho Ventura Subdivision .............47 Assessment District 2005-06: The Greens and KcoK Ranch subdivisions....... .......49 Farrar Estates Subdivision
Oakcrest Subdivision ........
Liberty Hill Subdivision ......
Fernjo Estates Subdivision
Wild Oak Subdivision ........
Fulton Estates Subdivision
Mission Creek Subdivision
Appendix A - Assessor's Parcel Number Listings
Appendix B - District Budgets .................1
Assessment District 2005-07 .
Assessment District 2005-08:
Assessment District 2007 -01 :
Assessment District 201 0-01 :
Assessment District 2016-01 :
Assessment District 2018-01 :
Assessment District 20 1 8-02:
Assessment District 2020-01.
Assessment District 2021 -01'.
Assessment District 2021 -02:
Assessment District 2022-01.
Assessment District 2Q24-01 :
Assessment District 2024-02:
Assessment District 2025-01 :
Westgate Estates Subdivision .... ....49
California Ranchos and Cottonwood Estates Subdivisions.. 50 Goble Court Subdivision .......51
Sycamore. ..................52
SierraVistaNo.2Subdivision............. ...................53 Willow Glen and Kensington Estates Subdivisions.............. 54 The Greens at Oak Creek and Phases 2 Thru 4 of Oak Creek 55 56
57 58
59 60
61 62
63 01
l. lntroduction
The City of Tulare Landscaping and Lighting Districts (Districts) provide funding for the maintenance, repair and servicing of landscaping, sidewalks, fences, block walls, open space, signage, pocket parks, and some trail lighting in the City of Tulare. Some districts also include maintenance of pocket parks, storm drainage basins, trail lighting, and local street preventative maintenance. Twenty-nine (29) Districts exist as follows:
1. 2.
3. 4.
5. 6.
7. 8.
L
10 11
12 13
14 15
16 17
18 19
20 21
22 Assessment District 89-01: North Oaks Estates Subdivision Assessment District 89-02: The Grove Subdivision
Assessment District 90-01: Southgate Villa No. 11 Subdivision Assessment District 91-01. Westwood Village Estates Subdivision Assessment District 93-01: Sunrise Estates Subdivision
Assessment District 2000-01: Del Lago Subdivisions
Assessment District 2001-01: Autumn Glen Subdivision
Assessment District 2003-01: Shadow Wood and Majestic Subdivisions Assessment District 2003-02: Kaweah Estates Subdivision Assessment District 2005-01 : Academy Estates Subdivision Assessment District 2005-02: Palm Ranch, Woodbridge, and Cambridge Subdivisions
Assessment District 2005-03: Admiral Estates, Gail Estates, and Heritage North Subdivisions
Assessment District 2005-04. Valley Estates, Montecito, and Shenvood North Subdivisions
Assessment District 2005-05: Rancho Ventura Subdivision Assessment District 2005-06: The Greens and KCOK Ranch Subdivisions Assessment District 2005-07 : Westgate Estates Subdivision Assessment District 2005-08. California Ranchos and Cottonwood Estates Subdivisions
Assessment District 2007-01: Goble Court Subdivision
Assessment District 2010-01: Sycamore
Assessment District 2016-01: Sierra Vista No. 2 Subdivision Assessment District 2018-01: Willow Glen and Kensington Estates Subdivisions Assessment District 2018-02. The Greens at Oak Creek and Phases 2 thru 4 of Oak Creek
23 Assessment District 2020-01: Farrar Estates Subdivision
24 25
26 27
28 29
Assessment District 2021 -01
Assessment District 2021 -02
Assessment D istrict 2022-0 1
Assessment District 2024-01
Assessment D istrict 2024-02
Assessment D istrict 2025-0 1
Oakcrest Subdivision
Liberty Hill Subdivision
Fernjo Estates Subdivision
Wild Oak Subdivision
Fulton Estates Subdivision
Mission Creek Subdivision
Assessments were established in previous fiscal years. ln each subsequent year for which the assessments will be levied, the City Council must direct the preparation of an Engineer,s Report, budgets and proposed assessments for the upcoming fiscal year' The Engineer's n"port itso iOeniifies future planned projects' This Engineer's Report *6 prJp"red pursuant to the direction of the City Council.
This Engineer's Report was prepared to establish the budget for the services that will be funded 5y the proposeO 2025-2026 assessments and the method by which assessments will be apportioned to lots and parcels, and to define the benefits received Oy tnor" properties wiifrln each district. This Engineer's Report and the proposed assessments have been made pursuant to the iandscaping and Lighting Act of 1912,- parl2of Division 15 of the Caliiornia Streets and Highways Code, and Article XlllD of the California Constitution.
lf the city council approves this Engineer's Report and the proposed assessments contained herein by'resolution, a no-ti"" of the proposed assessment levies must be published in a locai paper at least ten (10) days prior to the date of the public hearing' Following the minimum ten (10) day time period after publishing the notice, a public hearing i, n"tO toitt're purpose'of allowing public testimony about the proposed continuation of the assessments. rnis heiiing is currently scheduled for July 1 5' 2025' At this hearing, tne city Council will consider approval of a resolution confirming the assessments for thsfiical year 2025-2026' lf so confirmed and approved' the assessments will be submiited to the county Auditor-controllerffreasurer-Tax collector for inclusion on the property tax rolls for Fiscal Year 2025-2026' lncluded in the Engineer's Report is the District Maintenance and lmprovement Plan (,,M&l plan,,), if any special maintenance activities or improvements are planned for the coming y.^n:.lt is a separate planning document that identifies and plans for upcoming maintenance and service related imp-rovements. The M&l Plan identifies the type of improvement (e.g. re-landscaping a corridor or replacing an improvement); the estimated cost; any installments iequired, and the approximate schedule for completion of the improvem"ni. tf," City intend's to continually update and revise the M&l Plan throughout each year to reflect the current status of improvement projects, budget updates and/or changes in priorities'
The concept of the M&l Plan arose from the City's commitment to comply with the requirements of the Landscaping and Lighting Act of 1972, and to provide a valuable instrument that enables the City to schedule, prioritize, and plan for needed maintenance and servicing improvements in the districts. lt also serves as a means for members of the public to review and understand the use of the assessment revenues generated from each district.
ll. Plans & Specifications
The work and improvements proposed to be undertaken by the Districts, and the cost thereof paid from the levy of the annual assessments, provide special benefit to properties within the districts defined in the Method of Assessment herein. Consistent with the Landscaping and Lighting Act of 1972, the work and improvements are generally described as follows:
Within these Districts, the existing and proposed improvements are generally described as the installation, maintenance and servicing of turf, ground cover, shrubs and trees, irrigation systems, trail lighting, fencing, block walls, sidewalks, and all necessary appurtenances, and labor, materials, supplies, utilities and equipment, as applicable, for property maintained by the City. Any plans and specifications for these improvements have been filed with the City Engineer and are incorporated herein by reference.
As applied herein, "maintenance" means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of said improvements, including repair, cleaning, removal or replacement of all or any part of any improvement, providing for the life, growth, health, and beauty of landscaping, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti. "Servicing" means the furnishing of electrical power for the lighting or operation of any improvements and water for irrigation of any landscaping or the maintenance of any other improvements.
Additionally, the Districts listed immediately below provide for supplemental maintenance activities as noted:
o Assessment District 93-01 Sunrise Estates Subdivision - 50% share of Sunrise Park maintenance
Assessment District 2003-01: Shadow Wood and Maiestic Subdivisions - Storm drainage basin maintenance
Assessment District 2005-01: Academv Estates Subdivision - Supplemental preventative maintenance of local streets within the district boundaries a
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Assessment District 2005-02: Palm Ranch, Woodbridqe. and Cambridqe Subdivisions - Supplemental preventative maintenance of local streets within the district boundaries
Assessment District 2005-03: Admiral Estates. Gail Estates, and Heritaqe Nofth Subdivisions - Supplemental preventative maintenance of local streets within the district boundaries
Assessment District 2005-04: Valley Estates, Montecito, and Sherwood North Subdivisions - Supplemental preventative maintenance of local streets within the district boundaries
Assessment District 2005-05: Rancho Ventura Subdivision - Supplemental preventative maintenance of local streets within the district boundaries Assessment District 2005-06: The Greens and KCOK Ranch Subdivisions - Supplemental preventative maintenance of local streets within the district boundaries
a Assessment District 2005-07 Westqate Estates Subdivision - Su pplemental preventative maintenance of local streets within the district boundaries Assessment District 2005-08: California Ranchos and Cottonwood Estates Subdivisions - Su pplemental preventative maintenance of local streets within the district boundaries
o Assessment District2007-01: Goble Court Subdivision - Su pplemental preventative maintenance of local streets within the district boundaries Assessment District 2018-01: Willow Glen and Kensinqton Estates Subdivisions - Park and drainage basin maintenance, supplemental preventative maintenance of local streets within the district boundaries
Assessment District 2018-02: The Greens at Oak Creek and Phases 2 Thru 4 of a
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Oak Creek - Storm drainage basin maintenance, and supplemental preventative a
maintenance of local streets within the district boundaries Assessment District 2020-01: Farrar Estates Subdivision - Park and drainage basin maintenance, supplemental preventative maintenance of local streets within the district boundaries
o Assessment District 2021-01: Oakcrest Subdivision - Park and drainage basin o
maintenance, supplemental preventative maintenance of local streets and traffic calming measures within the district boundaries
Assessment District 2021-02: Liberty Hill Subdivision - Park and drainage basin maintenance, supplemental preventative maintenance of local streets within the district boundaries
. Assessment District 2022-01 Fernio Estates Subdivision - Drain age basin maintenance, supplemental preventative maintenance of local streets within the district boundaries
a Assessment District 2024-01: Wild Oak Subdivision - Park maintenance, supplemental preventative maintenance of local streets, alleys and traffic calming measures within the district boundaries
o Assessment District 2024-02: Fulton Estates Subdivision - Park maintenance, supplemental preventative maintenance of local streets within the district boundaries
a Assessment District 20 25-01: Mission Creek Subdivision - Park maintenance, supplemental preventative maintenance of local streets and traffic calming measures within the district boundaries
lll. Description of lmprovements
The descriptions and locations of the funded improvements for the Districts are as follows:
1. Assessment District 89-01: NORTH OAKS ESTATES
o For fiscal year 2025t2026, assessments are based upon 7,890 square feet of common lot landscaped areas, and block walls and sidewalks associated with common lot areas. The District is located east of Oaks Street between Washington Avenue and Kennedy Avenue.
o Planned Maintenance and lmprovement Projects for current fiscal year:
o Future Maintenance and lmprovement Projects:
2. Assessment District 89-02: THE GROVE SUBDIVISION
o For fiscal year 202512026, assessments are based upon 23,792 square feet of common lot landscaped areas, and block walls and sidewalks associated with common lot areas. The District is located west of Oaks Street and south of Prosperity Avenue.
o Planned Maintenance and lmprovement Projects for current fiscal year. o Future Maintenance and lmprovement Projects:
3. Assessment District 90-01: SOUTHGATE VILLA NO. 11
o For fiscal year 2025t2026, assessments are based upon 10,275 square feet of common lot landscaped areas, and block wall and sidewalks associated with common lot areas. The District is located north of Bardsley Avenue and east of Laspina Street.
o Planned Maintenance and lmprovement Projects for current fiscal yeac
o Future Maintenance and lmprovement Projects:
4. Assessment District 91-01: WESTWOOD VILLAGE ESTATES
o For fiscal year 202512026, assessments are based upon 12,686 square feet of common lot landscaped areas, and block walls and sidewalks associated with common lot areas. The District is located north of Cross Avenue and east of West Street.
o Planned Maintenance and lmprovement Projects for current fiscal year:
o Future Maintenance and lmprovement Projects:
5. Assessment District 93-01: SUNRISE ESTATES
o For fiscal year 202512026, assessments are based upon 337,868 square feet of common lot landscaped areas, and block walls and sidewalks associated with common lot areas. Maintenance costs for Sunrise Park, which accounts for approximately 275,977 square feet of the common lot landscaped area, are split 50%-50% between the District and the City of Tulare. The District is located south of Foster Drive, west of Turner Drive, and north of lnternational Agricenter Way (formerly Commercial Avenue).
o Planned Maintenance and lmprovement Projects for current fiscal year:
o Future Maintenance and lmprovement Projects:
6. Assessment District 2000-01: DEL LAGO SUBDIVISIONS
o For fiscal year 202512026, assessments are based upon 1 ,103,623 square feet of common lot landscaped areas and block walls and sidewalks associated with common lot areas located within the Del Lago Specific Plan Area. o Planned Maintenance and lmprovement Projects for current fiscal year:
landscaping irrigation modifications; routine maintenance of improvements. o Future Maintenance and lmprovement Projects:
7. Assessment District 2001-01: AUTUMN GLEN SUBDIVISION o For fiscal year 202512026, assessments are based upon 1 ,536 square feet of common lot landscaped areas, and block walls and sidewalks associated with common lot areas. The District is located along the east side of Laspina Street north of Walnut Avenue.
o Planned Maintenance and lmprovement Projects for current fiscal year:
o Future Maintenance and lmprovement Projects: