Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, May 1, 2023
ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.
Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
1. NEW EMPLOYEE INTRODUCTIONS:
PUBLIC WORKS:
Jorge Maciel
Jeff Vandertuig
Jason Castro
David Kersey
23-0122
2. 2023 National Association of Letter Carriers Stamp Out Hunger Food Drive Day.
23-0165
3. Continued discussion on Phase 2 of the Visalia Civic Center Project (Public Safety Office Building (PS), Police Services Building (Evidence/Training/Crime Lab), and City Council Chambers).
Receive an update on the Schematic Design Phase of the Civic Center, including the latest building renderings and project cost estimates. Provide direction as appropriate.
23-0131
4. Consideration of and direction on initiating potential Municipal Code Updates related to Short-Term Rentals (STRs).
23-0135
1 City Council Meeting Agenda - Final May 1, 2023
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
INVOCATION
ITEMS OF INTEREST
PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.
This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.
Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.
1. Authorization to read ordinances by title only. 23-0156
2. Authorize City staff to initiate Measure N amendment process to increase the budget for the Police Department’s patrol vehicles and the body-worn camera program.
23-0148
3. Authorize City staff to initiate Measure N amendment process to convert one (1) FY 23/24 Measure N Police Officer allocation to two (2) Community Service Officer (CSO) allocations.
23-0147
4. Authorize the City Manager to file a Notice of Completion for the construction of the FY 18-19 Major Street Rehabilitation - Walnut & Murray Project (CIP 3010-72000/CP0289-999 &
2370-72000/CP0402-999).
23-0143
2 City Council Meeting Agenda - Final May 1, 2023
5. Authorize Resolution No. 2023-11, ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No.4813, (APN: 081-100-070).
23-0146
6. Approval and appropriation of the Harrell Family Trust donation for the proposed enhancement project at Harrell Grove Park, to include the addition of outdoor fitness equipment and irrigation improvements.
23-0162
7. Authorize the City Manager to Award RFB 22-23-11 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant K to JC’s Land Management of
Kingsburg, CA, $178,254.65 annually per specifications of RFB 22-23-11.
23-0161
8. Authorization for the City Manager to approve an agreement with Workforce Investment Board of Tulare County to continue the Environmental Clean-Up Opportunities (ECO) Transitional Jobs Program through FY 2023/2024 in the amount of $ 230,000 from the Solid Waste Enterprise Fund.
23-0138
9. Authorize the City Manager to enter into a contract with Truxell & Valentino Landscape Development Inc. for the Houston
Roundabout Landscaping and Maintenance Access Project
(2520-7200/CP0307-999) in the amount of $298,450, and
appropriate $145,000 from the Transportation Impact Fund (241). 23-0142
10. Authorize the City Manager to amend and increase the existing Uniform and Laundry contract (C22056) awarded to Unifirst Corporation in the amount of $23,700 per year by $29,100, to a total not to exceed of $52,800 per year. The remaining term on the existing contract consists of four (4) one-year renewals. 23-0136
11. Authorize the City Manager to enter into a contract amendment with Brandley Engineering for Pavement Maintenance
Management Plan (PMMP) additional scope of work in the amount of $130,000 and appropriate an additional $15,000 for the upcoming Federal Aviation Administration (FAA) required PMMP CIP project (CP0572) increasing the project budget to $135,000. 23-0144
12. Continue Resolution 2023-05, ratified by Visalia City Council on March 20, 2023 proclaiming the local emergency that was declared on March 13, 2023, due to the threatened existence of conditions of extreme peril to the safety of persons and property within said city caused by excessive past and expected rainfall and snowfall, resulting in uncontrolled waters coming from local rivers and streams.
23-0166
3 City Council Meeting Agenda - Final May 1, 2023
13. Authorize City Manager to award a sole source contract for the Instrumentation and Electrical Services & Maintenance and Repair for the Water Reclamation Facility and Collection System to Telstar Instruments Company, Inc. for a not to exceed amount of $400,000 annually. This is a one ( 1) year contract that may be renewed for four ( 4) consecutive one ( 1) year periods upon mutually agreed upon terms.
23-0159
REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.
4 City Council Meeting Agenda - Final May 1, 2023
1. Public hearing to consider the following items : 1. recommendation by the Visalia Planning Commission to approve General Plan Amendment No. 2022-01:
1. A recommendation by the Visalia Planning Commission to approve General Plan Amendment No. 2022-01: A request
by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use
designation of one parcel totaling 0.24 acres from
Residential Medium Density to Public Institutional. The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street
(APNs: 093-062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093-083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112-021).
2. A recommendation by the Visalia Planning Commission to approve Change of Zone No. 2022-02: A request by the
Visalia Public Cemetery District to change the zoning
designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP ( Quasi-Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP ( Quasi-Public) to QP ( Quasi-Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street (APNs: 093-
062-006, 007, 015, 016, 026, 027, 093-073-002, 010, 093- 083-013, 014, 015, 016, 025, 093-102-001, 002, 093-112- 021).
3. A review of Conditional Use Permit No. 2023-02: A request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005-08, permitting the expansion of the Visalia Public Cemetery District master planned area,
encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W.
Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010,
1012, 1014, 1016, and 1020 N. Turner Street (APNs: 093- 083-035, 093-112-001, 002, 003, 004, 005, 006, 017, 018, 019, 020, 021, 022).
The requested actions are considered exempt under Section 15061(b)(3) of the State Guidelines for the California
Environmental Quality Act (CEQA). A Notice of Exemption No . 2022-42 has been prepared for the project.
23-0129
5 City Council Meeting Agenda - Final May 1, 2023
2. A Public Hearing and First Reading of Ordinance No. 2023-02, a request by the City of Visalia to adopt a new title and chapter to the Visalia Municipal Code referred to as Title 18 “Agricultural Land Preservation”, Chapter 18.04 “Agricultural Land Preservation Program”, to create an agricultural preservation ordinance to implement Visalia General Plan Land Use Policy LU-P-34. The project applies citywide to properties within the Urban Growth Boundary Tiers II and III established by the Visalia General Plan. A Notice of Exemption was prepared for the new ordinance in accordance with State California Environmental Quality Act (CEQA) Guidelines Section 15183 (Public Resources Code §21083.3).
Notice of Exemption No. 2023-23 disclosed that the Agricultural Land Preservation ordinance will have no additional environmental review based upon the ordinance implementing General Plan Land Use Policy LU-P-34, uniformly on development projects that convert prime farmland and farmland of statewide importance in Urban Growth Boundary Tier II and Tier III.
23-0154
CLOSED SESSION REPORT - None
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. UPCOMING CITY COUNCIL MEETINGS:
Monday, May 15, 2023 @ 7:00 p.m., 707 W. Acequia
Monday, June 5, 2023 @ 7:00 p.m., 707 W. Acequia
Note: Meeting dates/times are subject to change, check posted agenda for details.
In Compliance with the American Disabilities Act, if you need special assistance to participate in meetings call (559) 713-4512 48-hours in advance of the meeting. For Hearing Impaired - Call (559) 713-4900 (TTY) 48-hours in advance of the scheduled meeting time to request signing services.
Any written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours. 23-0155
6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0122 Agenda Date: 5/1/2023 Agenda #: 1.
Agenda Item Wording:
NEW EMPLOYEE INTRODUCTIONS:
PUBLIC WORKS:
Jorge Maciel
Jeff Vandertuig
Jason Castro
David Kersey
Visalia City Council Printed on 4/27/2023Page 1 of 1
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7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0165 Agenda Date: 5/1/2023 Agenda #: 2.
Agenda Item Wording:
2023 National Association of Letter Carriers Stamp Out Hunger Food Drive Day.
Visalia City Council Printed on 4/28/2023Page 1 of 1
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8 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0131 Agenda Date: 5/1/2023 Agenda #: 3.
Agenda Item Wording:
Continued discussion on Phase 2 of the Visalia Civic Center Project (Public Safety Office Building (PS), Police Services Building (Evidence/Training/Crime Lab), and City Council Chambers). Receive an update on the Schematic Design Phase of the Civic Center, including the latest building renderings and project cost estimates. Provide direction as appropriate.
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Mike Porter, Civil Engineer, [email protected], (559)-713-4412 Jaklin Rowley, Assistant Engineer, [email protected], (559)-713-4369 Frank Senteno, City Engineer, [email protected], (559)-713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends that the City Council receive a presentation and have a continued discussion regarding the Civic Center Phase II project. To understand the background behind the recommendations below, please refer to the attached presentation.
Staff also requests that the City Council:
1. Approve moving forward with completion of the Schematic Design Phase;
2. Obtain appraisals for the land acquisition as recommended for Phase 2; and
3. Approve the Civic Center Sub-Committee’s recommendation for Phase 2 cost savings Option 1 (see attached presentation for details of department recommendations).
Summary:
The City Council previously provided direction on the building locations, site plan, floor plans and architectural style. Following that meeting, City Staff and the Architects began to develop the “Mission Inspired”architectural style, further refine the building elevations and site plan, and began to develop the landscaping, outdoor amenities, and space programming specific to Civic Center Phase II.
Currently the project is at or nearing completion of the Schematic Design Phase of the project which includes final building renderings, floor plans, elevations, technical reports, landscape and site plans, and updated cost estimates.
Fiscal Impact:
The total estimated cost for Phase 2 of the Civic Center is $107M. The estimated cost includes design fees, project management, site work, extension of utilities, building construction, permits, fees and inspections. The Presentation (attached) provides a detailed breakdown of the estimated costs Visalia City Council Printed on 4/28/2023Page 1 of 3
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and discussion of project funding options.
Prior Council Action:
February 6, 2023 - Council received an update and presentation on Phase 2 of the Civic Center December 19, 2022 - Council received an update and presentation on the site plan and possible architectural styles for the Civic Center buildings and approved the “Mission Inspired” style.
November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.
October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.
April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects
June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Council to the Planning & Preliminary Project Assessment Committee.
March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.
November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.
August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.
August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.
March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.
Recommended Motion (and Alternative Motions if expected):
.
I move to:
1. Approve staff to complete the Schematic Design Phase.
2. Move forward with Phase 2 of the Civic Center Project.
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3. Obtain appraisals for the land acquisition recommended for Phase 2.
4. Approve Civic Center Sub-Committee recommendation for Phase 2 cost savings Option 1.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Presentation
Visalia City Council Printed on 4/28/2023Page 3 of 3
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11 1
Phase 2 Civic Center Complex UpdateAdministration DepartmentCIP Engineering DivisionMay 1, 2023 12 Tonight's Discussion•Schematic Design & Renderings•Phase 2 Project Cost Estimates & Funding•Inclusion of City Hall •Phase 2 Cost Deferral/Savings Options•Updated Project Schedule & Next Steps2 13 Schematic Design & Renderings •Civic Center Renderings•Schematic Design Plans3 •Basis of Design Reports•Updated Schedule•Cost Estimates 14 4
Schematic Design & Renderings
15 5
Schematic Design & Renderings
16 6
Schematic Design & Renderings
17 7
Schematic Design & Renderings
18 8
Schematic Design & Renderings
19 9
Schematic Design & Renderings
20 Schematic Design & RenderingsFinal Questions on Renderings? 10 21
11 What are Total Project Costs? ++Land
Phase 2 Project Cost Estimates
Soft CostHard Cost
22 Civic Center - Land Acquisition
12 • Civic Center Land was Purchased in 2002-2004 by Redevelopment Funds. • Redevelopment was officially dissolved by the State in 2012 and became the Successor Agency.• In 2014, the Successor Agency Board adopted the long-range property management plan which designated what would occur with each parcel previously held by Redevelopment.• Government Use• Future Development/Sell• The Civic Center land consists of several parcels that were designated:15.7 acres Government Use17.4 acres Future Development33.1 acres Total 23 Civic Center - Land Map
13 The 17.4 acres to be purchased is estimated to cost $6.1 million.Cost will continue to increase as property is developed. 24 14
Soft CostsArchitecture & Engineering (PS&E) $4.6Construction Management $1.5Furniture, Fixtures & Equipment $4.1 Audio Visual & Technology $2.4City Permits & Fees $1.6Testing & Inspections $1.6Staff Project Management $0.5Total $16.3M Phase 2 Project - Soft Costs
25 15
Construction Costs (Hard Costs)Site Development $12.0Off-Site Development $ 0.3Utilities $ 2.2Council Chambers Building $ 6.8 Public Safety Administration Building $38.7Evidence Building $12.2Plaza/Canopy $ 9.0Total $81.2M Phase 2 Project - Construction Costs
26 Phase 2 Total Project Cost Estimate
16 Total Project Cost EstimateSoft Costs $16.3M+ Construction (Hard Costs) $81.2MSub Total $97.5Mplus Cont. (10%) = $107M**Total Cost does not include land acquisition 27 Phase 2 Available Funding
17 Civic Impact Fee Fund8.6$ Projected thru FY 24/25 - Assumes no recessionCivic Center Reserve73.1$ Projected thru FY 24/25 - Assumes no recessionPolice & Fire Impact fund 7.0$ Would need a 7-9 yr GF advance Measure T Police & Fire8.0$ Takes each Fund balance to $7 m at June 30, 2024Funds Designated for Civic Center/PS Total96.7$ Additional Funding Options - RecommendedGF Building Maint Fund0.8$ Set-aside before Measure N passedARPA (PS Salary & Benefits Drawdown)13.0$ Second Round of ARPA FundsAdditional Funding Recommended13.8$ Projected Available Funds - Phase 2110.5$ Phase II Funding
28 Inclusion of City Hall
18 City Hall Project CostsArchitect & Engineer $ 2,500,000Construction Manager $ 700,000Furniture, Fixtures & Equipment $ 2,130,000Audio Visual & Technology $ 1,300,000 City Permits & Fees $ 850,000Testing & Inspections $ 850,000Staff Project Management $ 250,000Building Construction $42,609,000Sub Total $51,189,000Plus Cont. (10%) $ 5,200,000Total $56,389,000 Soft Hard
29 Available Funding
19 Civic Impact Fee Fund8.6$ Projected thru FY 24/25 - Assumes no recessionCivic Center Reserve73.1$ Projected thru FY 24/25 - Assumes no recessionPolice & Fire Impact fund 7.0$ Would need a 7-9 yr GF advance Measure T Police & Fire8.0$ Takes each Fund balance to $7 m at June 30, 2024Funds Designated for Civic Center/PS Total96.7$ Additional Funding Options - RecommendedGF Building Maint Fund0.8$ Set-aside before Measure N passedARPA (PS Salary & Benefits Drawdown)13.0$ Second Round of ARPA FundsAdditional Funding Recommended13.8$ Projected Available Funds - Phase 2110.5$ Additional Funding Options - Not recommendedAnimal Reserve0.3$ Money left over from buildingRegional Park Reserve Fund0.6$ Money set-aside for sports park. Measure N Fund Balance6.0$ Proj Cash Balance $11.5m at 6/30/24Sale PD HQ/CHW3.0$ Pending Timely SaleAdditional Funding Options Total9.8$ Total Available Funds120.3$ Phase II Funding
30 Current Debt
20Estimated Annual Payments for Various Debt Issuance ScenariosInterest Rate: 4.50% Interest Rate: 5.00%Length of Loan (Years)60,000,000$ 65,000,000$ Length of Loan (Years)60,000,000$ 65,000,000$ 20 4,612,569$ 4,996,949$ 20 4,814,555$ 5,215,768$ 25 4,046,342 4,383,537 25 4,257,147 4,611,910 30 3,683,493 3,990,450 30 3,903,086 4,228,343 Loan Amounts Loan Amounts DebtDebt Balance as of 7/1/23Annual GF Portion of PaymentInterest RateOriginal Loan TermMaturityYears RemainingEarly Payoff OptionYears Remaining until Early Payoff2014 COP - CHE/Conv Center 2.2$ $ 0.8 m 3.02% 10 yr Dec 2025 3 2024 12012 Animal Control Facility Loan 2.6$ $ 0.6 m 3.45% 15 yr March 2028 5 2018 02015 COP - VECC/Conv Ctr Renovation 9.8$ $ 1.0 m 3.14% 15 yr Dec 2029 7 2024 1Total 14.6$ $ 2.4 m 31 Phase 2 Cost Deferral Options
21 Option 1:•Defer Construction of City Hall and reduce parking areas (subcommittee recommended option).Option 2:•Option 1, plus defer construction of canopy to Phase 3. 32 22
Phase 2 Cost Deferral Options
33 23
Phase 2 - Cost Deferral Option 1
34 24
Phase 2 - Cost Deferral Option 2
35 25
•Option 1 Cost Savings - $2.5M*(option recommended by subcommittee)•Option 2 Cost Savings - $11.0M**These costs would be deferred to Phase 3 Phase 2 Cost Deferral Options
36 Updated Project Schedule
26 Completed by Date:•PS&E Spring 2024•Bidding & Award Summer 2024•Construction Late 2025•Move-In Early 2026 37 Next Steps
27 Staff will Return with the following items:•Landscaping Plan Options•Architect & Engineering Fee Amendment Request•Project Updates As-Needed•Funding for Land Acquisition 38 Recommended Motion
28 I move to :1. Approve staff to complete the Schematic Design Phase.2. Continue with Phase 2 of Civic Center Project.3. Include Phase 2 cost savings Option 1.4. Obtain appraisals to start the land acquisition process. 39 Construction Cost Breakdown
29 40
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0135 Agenda Date: 5/1/2023 Agenda #: 4.
Agenda Item Wording:
Consideration of and direction on initiating potential Municipal Code Updates related to Short-Term Rentals (STRs).
Deadline for Action: 5/1/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Josh Dan, Senior Planner, [email protected] <mailto:[email protected]>, (559) 713-4003 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Renee Nagel, Finance Director, [email protected] <mailto:[email protected]>, (559) 713-4375
Department Recommendation:
Staff recommends that the City Council conduct a review of current processes and standards related to Short-Term Rentals and consider the information presented in this staff report. Based on the staff report, presentation and comments received, the City Council may direct staff to formulate potential changes related to Short-Term Rentals and begin processing a Municipal Code Text Amendment to implement these changes. Revisions to be considered as part of the Municipal Code Text Amendment process related to Short-Term Rentals will be subject to a future work session discussion.
Background Discussion:
A Short-Term Rental (STR) is defined in the California Government Code Section 36900(d)(2) as a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (Please note this definition is different than group homes licensed through the state. Also different are board and care facilities which are defined in the Zoning Ordinance.) STRs are commonly booked through third-party internet hosting platforms such as Airbnb and VRBO. In addition, guests may also book STRs through travel sites such as Expedia or Hotwire, or directly with a homeowner or tenant via social media platform marketplaces or word of mouth.
Complaints from local residents in the community identifying concerns and issues with SRTs have been brought to the City Council’sattention and questions asked regarding if this use should be regulated differently in our community.
Based on direction from City Council, staff has researched regulation of STRs to better understand how other agencies are addressing STRs in their communities. Through this research, staff is presenting various options that the City Council may consider should the Council elect to move forward with directing staff to begin formulating a draft ordinance that will address and regulate how Visalia City Council Printed on 4/28/2023Page 1 of 8
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SRTs are reviewed in the future.
Current City of Visalia Municipal Code Sections Related to Transient Rental Uses:
Currently, the Visalia Municipal Code (VMC) does not explicitly address STRs. Staff has addressed STR requests like most other forms of home-based businesses, as detailed below:
1. An interested STR operator files for a business license with the Business Tax office.
2. Business Licenses are reviewed and processed by the Business Tax and Planning Divisions for compliance with the Municipal Code.
3. Once approved, the STR operator is permitted to rent out their home in short intervals.
Transient Occupancy Tax
The City’s Finance Department collects a Transient Occupancy Tax (TOT) as detailed in Title 3 Revenue and Finance, Chapter 3.28 Transient Occupancy Tax. This chapter defines and details the percentage of tax levied for the privilege of occupancy in any hotel by a transient (ten percent of the rent charged by the operator, VMC 3.28.020). Further, the chapter details an operator’s duties, obligation to report TOT, and possible penalties for failure to comply with or report TOT subject to the requirements of the chapter. (Please note California Government Code Section 13000 governs the collection of transient occupancy tax, and more specifically, Section 13204 lists a variety of uses not to be considered hotels and thusly are exempt from TOT, which include any hospital, convalescent home, sanitarium, medical clinic, home for aged people, foster home, or similarly operated for the care or treatment of human beings, etc.).
Section 3.28.060 of the Municipal Code details an operator’srequirement to report tax collected to the tax collector on the last day of the month following the close of each calendar quarter, or at any interval required of the operator by the tax collector. Figures provided by the Finance Department have shown that while Airbnb actively collects and submits a monthly TOT payment to the department on behalf of operators, the platform does not detail collected monies in any category (i.e., the number of operators or collection amounts from specific addresses). For reference, Airbnb submitted $411,000 in TOT to the City for fiscal year 2021/2022. In addition, other STR platforms (ex.
VRBO) place the requirement of TOT collection and reporting on the operator. STR proprietors that use social media and word of mouth may have no knowledge of a requirement to collect or report TOT.
Number of Short-Term Rentals within the City:
There are several websites that host STR’s.Due to the number of websites available, staff reviewed two of the major platforms that list SRTs in Visalia, Airbnb and VRBO. Airbnb is the most popular of all STR platforms, a search on their website identified a range of 340 to 867 spaces listed in Visalia, depending on availability and dates. The second most popular site, VRBO, identified a total of 93 properties. As noted above, the number of active STRs is difficult to quantify. Foremost, the City’s Business Tax office does not currently distinguish STRs from other types of landlord business licenses. Subsequently, TOT collected is reported after the fact as mentioned above, and unless a specific operator reports and posts TOT payment to the Finance Department, it is very difficult to understand how many active STRs are currently operating within the city.
It should be noted that staff could not query the list for properties only within the City’slimits and the site may have included properties within the vicinity of the city. Additionally, some STR operators may Visalia City Council Printed on 4/28/2023Page 2 of 8
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site may have included properties within the vicinity of the city. Additionally, some STR operators may advertise their properties on both platforms, producing some overlap in figures.
There are short-term compliance service companies, one of which the Finance Department previously worked with to identify short-term rentals. However, staff found that the service did not yield the desired outcome. A list of operators/owners of STRs was compiled by referencing various rental sites and state revenue reporting; but very few operators/owners responded to City letters for compliance with obtaining a Business License and submitting TOT. However, if the City Council, based on information received, desires to have staff research further the benefits of using a third party service to track STRs operating in the community, staff can research this further and present our findings a future work session.
What Other Cities and Counties Have Done:
Staff’s research of other agencies throughout the valley and across the state have presented a common concern that the proliferation of unregulated STRs has the potential to impact housing for future home buyers or renters, and negatively erode neighborhood character. Many communities have described the necessity of establishing regulations derived by complaints about loud parties and a general disregard for community hospitality. While some agencies have taken a heavy-handed approach, processing STRs as a land use entitlement requiring a public hearing, the majority of communities researched have adopted requirements within their code’sfinance chapters to identify the use and charge nominal annual registration fees via business license requests.
The following is a list of agencies reviewed which require some form of STR permit process:
Short-Term Rental Data Collection
Agency Permit
Required?
Process
City of Clovis Y Business license / Home Occupation Permit City of Fresno Y Application with Finance Dept.
City of Kingsburg Y Business license / Home Occupation Permit City of Long Beach Y Application with Development Services (Code Enforcement)
City of Los Angeles Y Application through Planning
City of Morro Bay Y Application with Business License
City of Sutter Creek Y CUP with Community Development and Finance Dept.
Business License
Contra Costa County Y Community Development STR application Inyo County Y CUP with Planning Dept. and Finance Dept. TOT Placer County Y Application with Development Services (Code Enforcement)
Tulare County N Draft Ordinance presented, nothing currently adopted. (No agencies in Tulare County have ordinances or policies, although Tulare County has proposed an ordinance.)
Nearly all agencies researched have some form of conditions of approval associated with the operation of a STR. Primarily, the requirement that the operation of a STR be within a portion or entirety of a primarily or accessory dwelling unit and not within an unpermitted or nonhabitual space (i.e., garage, shop, shed, recreational vehicle, etc.). Limitations on the total number of STRs seem to Visalia City Council Printed on 4/28/2023Page 3 of 8
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(i.e., garage, shop, shed, recreational vehicle, etc.). Limitations on the total number of STRs seem to be a common approach to coastal and scenic communities. Placer County, for example, has identified that 28 percent of Eastern Placer County housing stock are STRs (Lake Tahoe area).
However, enforcement of a STR cap can understandably prove difficult to enforce without the reporting of STRs by operators or by code compliance complaints.
The cities of Clovis, Fresno, and Kingsburg each have simple permitting application processes established through their finance departments via business license applications. These applications, similar to Visalia’s own business license application process, are home occupation applications reviewed by planning or community development departments for consistency with code requirements. While each agency differs slightly in their regulation of STRs, each provide some language on limitation to occupants based on rooms or off-street parking figures.
Conversely, Inyo and Sutter Counties have established application processes requiring a Conditional Use Permit be obtained prior to operating a STR in a residence. Completed applications would include the applicant and subject property information, detail on the total square footage and number of bedrooms within the dwelling, operational statements, and a property owner acknowledgement complying with the ordinance. Additionally, the Tulare County planning staff presented a draft ordinance to the board of Supervisors which requires applicants apply for an administrative special use permit with the Resource Management Agency (RMA); however, this STR ordinance has not been adopted by Tulare County.
Considerations for Potential Direction on a Visalia STR Ordinance:
Given the concerns expressed at a prior City Council meeting regarding STRs, staff is seeking input and potential direction from the City Council on whether the Council wants to make any changes with regards to STRs. If that is the Council’sdirection, then staff would like to discuss whether to pursue a Zone Text Amendment to amended various sections in the municipal code (i.e., Finance and Zoning sections) or draft a “stand-alone”STR ordinance that would detail application, operating standards, and processing requirements in the City of Visalia. Staff has provided the following options for the City Council’s consideration and direction as summarized below. Please note the following are examples of what an STR ordinance may include to address application submittal requirements, operating, and processing standards for STRs but does not encompass the wide array of options that could be considered. Based on direction received, staff will work on drafting a draft SRT ordinance that will be presented at a future work session.
1. Zone Text Amendment (ZTA) vs. Stand-alone SRT Ordinance Option 1, ZTA Process: Using the ZTA process, staff would seek to amend various sections in both the Finance and Zoning Chapters of the municipal code to insert language and provision requirements to regulate STRs. This process could be implemented but would require applicants to navigate various sections of the municipal code on how to apply for an SRT.
Option 2, Stand-alone SRT Ordinance: This process would create a separate “stand-alone” section within the Zoning Ordinance clearly identifying process and operating requirements, while cross referencing to the transient occupancy tax section found in the Title 3 Revenue and Finance of the municipal code. Creating the stand-alone section regulating STRs would provide a clear and concise process for applicants seeking to operate STRs in the City of Visalia.
Option 3, Retain current process and use existing ordinances: Directing staff to retain current processes still requires operators/owners of STRs to obtain a business application, enroll in TOT Visalia City Council Printed on 4/28/2023Page 4 of 8
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processes still requires operators/owners of STRs to obtain a business application, enroll in TOT collection and remittance to the Finance Department, and any site that becomes a public nuisance due to an increase in calls for service”) will be subject to administrative enforcement citations to correct the issue. Please note pursuant to Visalia Municipal Code Section
8.40.060.C.1, “foran individual residential unit, whether the unit is a standalone residence or part of a multi- family complex, more than six substantiated police and/or fire calls over a one-year period (other than a medical emergency) can result in the property being declared a public nuisance.
Staff Recommendation: Option 2
Staff recommends Option 2 be directed as this option would provide a stand-alone section within the Zoning Ordinance, preferably under Section 17.32 “Special Provisions”, that would seek to establish all processing and operating provisions in one section rather than dispersed throughout the municipal code. Please note that this option will require a cross-reference to the City’sTitle 3 Revenue and Finance Chapter 3.28 of the municipal code specifying requirements related to Transient and Occupancy Tax registration, collection, and reporting requirements.
2. Processing of STRs - Administrative Approval or Use Permit Administrative Approval Process: If the City Council desires to keep the STR process simplified, maintaining an “Administrative Approval Process” would keep the review and approval of STR application request with the Community Development Director and/or their designee similar to the Administrative Adjustment (Chapter 17.04) and Temporary Conditional Use Permit (Chapter
17.38) processes. Approval of an STR application through an administrative process will be subject to any codified requirements that the Council may consider as part of the STR process.
Codified requirements for City Council’s direction/discussion are provided in Section 3 below.
Use Permit Process: The process would entail that any STR application submitted be subject to the public hearing process that requires a notice to be published in the local newspaper and public hearing notices to be mailed to property owners within 300-feet of the proposed STR use.
This process will also require the assessment of the Use Permit fees noted in the City of Visalia Fee Schedule.
Staff Recommendation: Option 1
Staff recommends that Option 1 be directed as this option would allow STR applications to be processed in a timely manner similar to Administrative Adjustments and Temporary Conditional Use Permits, but subject to codified STR requirements as outlined in Section 3 below.
3. Existing STRs and “Grandfathering”:
As mentioned in prior sections of the report, current rental operators are required to apply for business licenses. Short-term rentals currently operating within the city will be subject to any new regulation that the City Council may enact and implement. Should a procedural and/or operating standard be established, existing operators will be required to apply for whichever means of licensing or processing may be required of them.
It has been identified that “grandfathering”will likely only become a concern if the City Council determines to limit the total number of STRs in Visalia. If that is the desire and direction of the City Council, operators/owners of existing STRs will likely need to demonstrate their operation’s Visalia City Council Printed on 4/28/2023Page 5 of 8
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compliance with current Business Tax and TOT obligations to demonstrate they are pre-existing.
4. Potential STR Codified Operational Standards:
Recently identified issues regarding the current state of STRs in the City of Visalia is the lack of codified requirements that STRs are currently not subject to any operating requirements. To ensure that both owners/operators and renters of STRs are aware of local requirements, many jurisdictions have adopted codified operating standards as a way to manage the rapid growth of short-term rental properties in their communities. The following are examples of operating standards that the City Council may direct staff to further analyze and include as potential codified operating standards. Please note that there are several cities that codify requirements that are explicitly tailored for their communities given their geographical location to entertainment venues and/or natural amenities. Additionally, codified requirements are only enforceable when an STR is known to staff; where, as mentioned previously, many STRs are discovered and will likely be brought into compliance after the facts. The following are examples of what could be considered but are not intended to be exhaustive of what other requirements could be applied.
1. Limit the number of STR’s allowed in the City of Visalia.
The City Council could consider limiting the number of STRs allowed to operate in the City of Visalia. Limiting the number of STR approvals could be a way to ensure that the conversion of residential units into STRs does not result in a loss of availability of housing options for long- term renters or home buyers in the Visalia community. In addition, limiting the number of STRs in local residential neighborhoods has the potential to prevent the transition of residential communities into “communities of transients”.
2. Establish an application and registration/verification process.
As part of the codified operating requirements, clearly identify an application and registration process to ensure that the owner/operator of the STR provides staff with the appropriate information including how the STR will be properly managed.
3. Require that the property owner of the STR reside in the unit.
The City Council, if desired, could seek to have a codified requirement that the owner of the property be required to reside on-site in order to operate the STR. Similar to some state statutes requiring owner occupancy, this is achieved by having the STR operator sign an agreement acknowledging that they will reside within the home for a determined period of time. The document may be recorded with the property or kept with staff.
4. Transient Occupancy Tax (TOT) Registration.
Codified operating requirements will explicitly detail that an owner/operator of an STR shall be subject to registering and paying TOT to the City of Visalia Finance Department. As part of this process, the owner/operator shall be fully responsible for the renewal, collection, and monthly remittance of TOT to the City of Visalia Finance Department. Please note the tracking of STRs to ensure compliance with TOT registration can be time consuming and may be at times difficult to verify given the wide variety of online platforms that host STR postings.
5. Parking Requirements.
Codified provisions to be considered include establishing a parking ratio for the number of Visalia City Council Printed on 4/28/2023Page 6 of 8
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Codified provisions to be considered include establishing a parking ratio for the number of occupants and/or guest allowed. As an example, a parking ratio consideration could be one on -site parking space for every four occupants and guests. On-street parking by renters and guests could be prohibited and not included in determining the maximum occupancy of the site.
6. Establishing Quiet Hours.
Potential operating requirements can include provisions that established observed “quiet hours”.
7. Limiting the Use of an STR.
Establish language that would prohibit use of a short-term residential rental unit for any other purpose other than dwelling, lodging, or sleeping. Prohibited uses that could be included are weddings, receptions, meetings, conferences, parties, commercial filming, or any other similar uses.
8. Limiting the number of occupants in an STR.
Establish codified requirements that limit occupancy of an STR to a specific number of occupants based on the number of bedrooms, while identifying a maximum number of occupants permitted.
9. Establish Suspension/Revocation process for STR.
Include language that identifies a revocation process if an operator fails to comply with codified operating standards.
Potential codified operating requirements will also include provisions regarding the suspension and/or revocation of an STR permit if the owner/operator fails to comply with adopted regulations.
Next Steps:
If directed by the City Council, staff will return with a draft ordinance to be presented at a future work session to go over the details contained in the draft STR ordinance prior to seeking direction to proceed with moving forward with an STR ordinance through the public hearing process.
Fiscal Impact:
None.
Prior Council Action: N/A
Other: N/A
Alternatives:
The City Council, in lieu of the recommendations provided, may direct staff to consider the following:
1. Receive the staff report and take no further action at this time.
Recommended Motion (and Alternative Motions if expected):
I move to direct staff to begin drafting an STR Ordinance based on the City Council’sdesired options as identified in the staff report and during the work session presentation.
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Environmental Assessment Status:
No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
CEQA Review:
The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by City staff.
Attachments: None.
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48 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0156 Agenda Date: 5/1/2023 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
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49 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0148 Agenda Date: 5/1/2023 Agenda #: 2.
Agenda Item Wording:
Authorize City staff to initiate Measure N amendment process to increase the budget for the Police Department’s patrol vehicles and the body-worn camera program.
Deadline for Action: 5/1/2023
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>
Department Recommendation:
Authorize staff to initiate Measure N amendment process to increase the budget for patrol cars and the body-worn camera (BWC) program due to cost increases. Staff recommends appropriating an additional $63,300 to address increased vehicle and equipment costs shortfall for patrol vehicles budgeted in this fiscal year and next year. In addition, staff is recommending to renew the five year contract with Axon Enterprise Inc. for a total of $1,738,749.49 for the Police Department’s BWC Program and appropriate an additional $128,112 for FY 23/24 (Year 1 of the new contract).
Summary:
On October 17th, 2022, City Council approved the purchase of 12 Dodge Chargers for the Police Department. This purchase did not include the Measure N vehicles due to the budget shortfall. The current fiscal year (22/23) budget includes two new patrol vehicles with a total budget of $114,900. In addition, next year’s budget which becomes effective July 1, 2023, includes an additional patrol vehicle which was budgeted for $61,800. The current cost for a fully equipped patrol vehicle is approximately $75,000. Staff is requesting up to $80,000 per vehicle to cover any further price increases.
Measure N also funds the Police Department’s BWC Program. The BWC program began in 2018 and consisted of a five-year contract that expires on June 30th, 2023. The total cost for the five-year contract was $904,233.80. Included in this contract was 130 Officer Safety Plans (including a BWC, Taser, and User License), Signal Sidearm sensors, 23 Pro-User Licenses, 15 Basic-User Licenses, and unlimited digital storage. The contract provided a fixed rate during the period of the contract and was not subject to cost associated with inflation or maintenance.
Over the past four months, staff has worked with Axon to prepare for the next five-year contract. The new 5-year contract has a substantial increase in cost due to several factors including inflation increases since 2018 and a 4% annual increase built into years two through five. Also, this contract includes additional services needed for monitoring and supporting the Department’s current use of Visalia City Council Printed on 4/28/2023Page 1 of 8
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Axon equipment and training. As a result of these changes, staff anticipates the allocation from Measure N to increase from $904,233.80 to $1,738,749.49 in order sustain the Police Department’s BWC program over the next five years.
Background Discussion:
The Measure N 10-year plan outlines the personnel to be funded. This includes equipment for each new position. These positions are added during the two-year budget along with the equipment which includes vehicles. In FY 21/22 a Police Officer position was included in the budget and during that time staff was unable to locate any vendors to purchase a patrol vehicle due to low inventory as a result of pandemic shutdowns and a microchip shortage. This vehicle was rolled into the FY 22/23 budget which includes another new officer/vehicle bringing the total to two vehicles for this current fiscal year. In addition, next years (FY 23/24) budget includes another position and vehicle. Due to vehicle shortages and high inflation, the vehicle cost and equipment to upfit the vehicle (radios, lights, MDT’s,etc) has increase significantly. For example, the total cost of a new patrol vehicle in FY 20/21 was $57,277 ($36,918 vehicle + $20,359 vehicle upfit) compared to the City’s last purchase in October 2022 of $75,464 ($50,459 vehicle + $25,005 vehicle upfit). This represents an overall cost increase 31.75%.
In order to purchase these vehicles, staff is requesting an additional $63,300 from Measure N to cover the cost of these three vehicles and allocate funding at $80,000 for all Measure N vehicles moving forward.
Fund
CIP
Qty
Unit Cost
Budget
Budget
Available
FY
141
VH0214
1 $80,000
$56,000
($24,000.00)
21/22
141
VH0253
1 $80,000
$58,900
($21,100.00)
22/23
141
VH0253
1 $80,000
$61,800
($18,200.00)
23/24
Funds Needed
($63,300.00)
The Department is also requesting to renew the five-year contract with Axon Enterprise Inc in the amount of $1,738,750 for the BWC program. The Department began their BWC Program in 2018 and will reach the end of the current contract on June 30, 2023. The new 5 year BWC contract will be more than the current contract which means the annual budget for the BWC will need to be increased as well.
The new contract increase is due to several factors. First, the base price of Axon services has grown significantly (estimated at over $250,000) since the deployment of the Department’sfirst contract in 2018. Second, the new contract requires an annual increase of four percent in years two through five as opposed to the previous fixed rate. This is an additional $61,053. Third, Axon now bundles their Officer Safety Plan (OSP) packages. Through the Department’sreview, staff have selected the most basic and cost-efficient bundle offered by Axon and included additional items for approval.
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The OSP7 bundle will include the new Taser 7. The Taser 7 has redesigned darts with Smart Probes which improve accuracy, increase target retention, and improve attainment. There will now be two cartridge types contained in each Taser including Close Quarter Cartridges and Standoff Cartridges which provide different angles of separation to achieve optimal probe spreads at varying distances.
The redesigned probes, cartridge types, and targeting device increases the likelihood of an effective Taser deployment in dynamic, critical situations which makes this a more effective less-lethal use of force option, reduces the potential need for other levels of force, and minimizes risk of injury to all involved. The Taser 7 is also equipped with a louder warning arc that serves as an additional audio/visual deterrent for noncompliant behavior and increasing the likelihood of safely de-escalating critical incidents while minimizing risk of injury to all involved. The Taser 7 is able to upload data automatically and will have removable/rechargeable batteries. Axon will also provide the Department taser cartridges throughout the five-year contract and include certification courses for instructors, targeting systems, and training suits that will allow staff to integrate tasers into weaponless defense training programs.
The OSP7 bundle will also provide the Department with new BWCs and include an automatic upgrade or replacement camera, with no additional cost, at the midpoint of the contract. This is an important feature4 in the contract due to the significant wear and tear that BWCs go through.
Because they are expected to operate in extreme conditions and inclement weather, having this replacement schedule reduces the likelihood of a BWC failing when it is needed most. This replacement feature for the BWCs was also included in the existing Axon contract. Axon will also provide new docking stations, include Signal Sidearm (a sensor that activates the BWC upon a firearm being unholstered), and provide the GPS location of the BWC when powered on. Finally, the bundle will include Axon Standards which is a use of force reporting system that is integrated with Axon’s cloud storage (Evidence.com). This will allow for an improved means of tracking and reviewing use of force incidents in accordance with Department polices and best practices.
The additional services that staff are seeking include Axon Air, Axon Migrate, Axon Investigate, Axon Performance, and Axon VR Training. Axon Air is a software/licensing system that will better manage the Department’sUnmanned Aerial Systems (UAS) program by tracking all flight patterns, weather conditions, pilot flight time and camera direction for all drones and drone operators. It will also provide streamlined evidence processing by uploading all UAS footage directly into evidence.com and provide live streaming for incident command. This service is being provided at no cost in the contract.
Axon Migrate will be a one-time service that will transfer the Department’shistoric digital evidence to evidence.com. The Department’solder digital evidence is currently being housed on City servers through the software/hardware Digital Image Management Systems (DIMS). The City is no longer entering new evidence into DIMS due the antiquated storage methods and age of the equipment.
The hardware associated with DIMS has reached its end of life and is due for replacement (estimated cost of $35,000) and cost the Department $6,000 annually for service. Axon Migrate would use Axon staff to transfer the data to evidence.com and ensure that all retention time requirements are met.
This service is being provided at no cost in the contract and will require no ongoing maintenance costs.
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Axon Investigate Pro is a forensic digital media software program (which integrates with Evidence.com) that provides several resources for the Investigative staff in relation to video evidence. Video surveillance has become a common and significant factor in criminal investigations, but the processing and review of this evidence is time-consuming and complicated due to the different video formats used by the various surveillance companies. Axon Investigate provides several tools that will help improve the efficiency of these processes all in one program. It has access to the thousands of different video formats (referred to as codecs) that allow staff to examine videos of all types in one program. Axon Investigate also provides the ability to convert these videos into a standard format without diminishing the quality of the evidence. This service will also minimize risk to MIS systems due the potential of viruses being attached to codecs and is included at no cost in the contract.
Axon Performance automates BWC policy reviews and provides actionable, up to date compliance information, such as camera use during calls for service, with an intuitive metrics dashboard and shareable reporting capabilities. This service extracts patterns of behavior from Evidence.com data to improve the Department’s review processes, guide policy updates, and identify opportunities for officer training and development. Axon Performance would provide a cost-effective way to assign audits and ensure compliance with audit procedures. It would also make the audit process much easier and less time consuming to manage. The Department currently has over 9.3 Terabytes of digital evidence contained in Evidence.com. This is the equivalent of 46,504 standard definition two- hour movies. Axon Performance will provide the Department an essential tool in conducting thorough and timely audits of this BWC footage.
Axon VR training prepares officers for complex, real-world situations through immersive training that enhances performance, critical thinking and de-escalation skills. Developed in partnership with a cross disciplinary network of first responders, subject matter experts and community leaders, Axon’s expansive library integrates with state-of-the-art technology and can be used in multiple settings. As staff continue to improve the Department’sinternal training (Perishable Skills, built in training days, and incorporation of a training center with the new Public Safety Office Building and Evidence Building), this tool will be a significant addition to our training curriculum. It will allow staff to provide better and more realistic training to deescalate potentially violent situations. Furthermore, the digital “range”that is provided will allow for training related to Taser, and firearms without the cost of munitions.
The common purpose behind all of the proposed options presented above, and in the Department’s BWC program as a whole, is risk management. Through the use of BWCs, a level of accountability is provided both for the community and departmental staff. The review of this evidence often clears officers of misconduct while ensuring the preservation of evidence in the rare cases misconduct does occur. BWC evidence can also have substantial effects on mitigating the cost of litigation related to civil actions. Studies indicate that in cases where there is a complete video evidence of the entire contact, federal courts will provide summary judgement (cases are decided based on evidence without going to trial) over 70% of the time. This provides significant relief in litigation costs.
Furthermore, being able to have this video evidence is essential towards providing transparency to the community. By implementing tools such as Axon Investigate and Axon Air, we are able to better Visalia City Council Printed on 4/28/2023Page 4 of 8
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demonstrate this transparency.
Risk management surrounding this program must also be applied to the administrative functions of a BWC program. Civil litigation will often target organizations with failing to train or adequately supervise their staff. In cases such as this, it is incumbent on the organizations to show that tools were put in place to ensure adequate training and supervision. As it relates to training, Axon VR is able to provide a mechanism to address training to prevent use of force incidents, where possible, by improving staff’s ability to deescalate incidents. Axon Performance addresses concerns on supervision. Because the large amount of digital evidence produced through the Department’sBWC program, staff must have the tools needed to conduct random audits, review usage metrics, and ensure that the BWC program is functioning properly. The Department’sBWC program has been successful in mitigating civil claims and providing savings for the City in the past and these tools will continue to aide the City moving forward.
Upon researching and selecting the previously described options, staff began negotiations with Axon.
The following charts reflect the negotiated costs. Table 1 describes the most basic plan with no additional services added on. Table 2 describes the Department’spreferred package, including the additional options previously discussed. Finally, Table 3 includes all of the items or services that the Department will receive for free, with an exception to the $2,261.97 required for taxes, if a contract with the options listed in Table 2 is approved.
Table 1
Axon Officer Safety Plan - Basic Bundle
Package OptionsList Price Net Price Qty Term Subtotal Tax Total OSP Plan 7*$183.07 $180.07 130 60 $1,404,468.00$62,588.45 $1,467,056.45 BWC Camera
Bundle
$749.00 $27.79 130 $3,612.70 $307.07 $3,919.77
10 GB Storage$0.55 $0.55 50 60 $1,650.00 - $1,650.00
Basic License$15.00 $13.00 11700 60 $11,700.00 - $11,700.00 Pro License $23.00 $39.00 23 60 $46,644.00 - $46,644.00 Inactive Channel$5,000.00 $2,087.50 1 $2,087.50 - $2,087.50 Evidence.com
Channel Services
$5,000.00 $5,000.00 1 $5,000.00 - $5,000.00
Total $62,895.52 $1,538,057.
72 *OSP Plan includes Taser 7 (including training supplies), Axon Respond, and Axon Standards and Technology Assurance Plan.
Table 2
Axon Officer Safety Plan - Basic Bundle with requested addition on VC and Performance, and Additional Services at no cost.
Package OptionsList Price Net Price Qty Term Subtotal Tax Total OSP Plan 7* $183.07 $170.13 130 60 $1,327,014.00$59,796.86 $1,386,801.86 VR Headset TAP
Bundle
$41.38 $41.38 2 60 $4,965.60 $369.70 $5,335.30
VR Tablet TAP
Bundle
$23.39 $23.39 2 60 $2,806.80 $210.60 $3,017.40
VR Controller Kit$2,434.69 $2,789.38 2 $5,578.76 $474.20 $6,052.96 Performance
License
$9.00 $8.33 130 60 $64,935.00 - $64,935.00
VR User License$20.00 $20.00 130 60 $156,000.00 156,000.00 VR User License-
Additional
$21.70 $17.36 25 60 $26,040.00 - $26,040.00
Basic License $15.00 $13.00 15 60 $11,700.00 - $11,700.00 Pro License $39.00 $33.80 23 60 $46,644.00 $46,644.00
Standards
Implementation**
$30,000.00 $29,952.00 1 $29,952.00 $29,952.00
Total $60,851.36 $1,736,487.5
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Table 2
Axon Officer Safety Plan - Basic Bundle with requested addition on VC and Performance, and Additional Services at no cost.
Package OptionsList Price Net Price Qty Term Subtotal Tax Total OSP Plan 7* $183.07 $170.13 130 60 $1,327,014.00$59,796.86 $1,386,801.86 VR Headset TAP
Bundle
$41.38 $41.38 2 60 $4,965.60 $369.70 $5,335.30
VR Tablet TAP
Bundle
$23.39 $23.39 2 60 $2,806.80 $210.60 $3,017.40
VR Controller Kit$2,434.69 $2,789.38 2 $5,578.76 $474.20 $6,052.96 Performance
License
$9.00 $8.33 130 60 $64,935.00 - $64,935.00
VR User License$20.00 $20.00 130 60 $156,000.00 156,000.00 VR User License-
Additional
$21.70 $17.36 25 60 $26,040.00 - $26,040.00
Basic License $15.00 $13.00 15 60 $11,700.00 - $11,700.00 Pro License $39.00 $33.80 23 60 $46,644.00 $46,644.00
Standards
Implementation**
$30,000.00 $29,952.00 1 $29,952.00 $29,952.00
Total $60,851.36 $1,736,487.5
2 *OSP Plan includes Taser 7 (including training supplies), Axon Respond, and Axon Standards and Technology Assurance Plan.
**A discount was provided in this contract through negotiations to offset this cost.
The no cost items listed below in table 3, have a value of $95,205 and will only cost the City taxes on the equipment of $2,261.97 if purchased with the items listed in table 2 above.
Table 3
No Cost Additional Items for Table 2
Package OptionsList Price Net Price Qty Term Subtotal Tax Total VR Headset $1,935.00 $1,935.00 6 $11,610.00 $986.00 $12,596.00 Extra Left-Handed
Holster
$91.25 $27.79 2 $182.50 $15.51 $198.01
Extra Right-Handed
Holster
$91.25 $91.25 2 $182.50 $15.51 $198.01
Taser Target Frame$85.55 $85.55 4 $342.20 $29.09 $371.09 Taser Conductive
Target
$171.05 $171.05 4 $684.20 $58.16 $742.36
Axon Camera
Bundle
$749.00 $27.79 130 $3,612.70 $307.70 $3,919.77
Axon Investigate
License
$250.00 $250.00 3 60 $45,000.00 - $45,000.00
Axon Air Data
License
$32.55 $32.55 10 60 $21,330.00 - $21,330.00
Axon Migrate
Channel Service
$10,000.00 $10,000.00 1 $10,000.00 $850.00 $10,850.00
Total $2,261.97 $95,205.24
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55 File #: 23-0148 Agenda Date: 5/1/2023 Agenda #: 2.
Fiscal Impact:
Patrol Vehicle
As indicated in the table below, staff request an additional appropriation of $45,100 in FY 22/23 and $18,200 in FY 23/24 to address a $63,300 budget shortfall for the purchase of three patrol vehicles.
Fund CIP Qty Unit Cost Budget Budget
Available
FY
141 VH0214 1 $80,000 $56,000 ($24,000.00) 21/22
141 VH0253 1 $80,000 $58,900 ($21,100.00) 22/23A
141 VH0253 1 $80,000 $61,800 ($18,200.00) 23/24
Funds Needed ($63,300.0
0)
Body-Worn Camera
As indicated in the Table below, staff requests a total allocation of $1,738,750 with payment schedule described below:
Year 1 Year 2 Year 3 Year 4 Year 5 Total
Equipment
& Services
$301,599 $326,687 $337,608 $348,965 $360,777 $1,675,636 Tax $13,513 $11,693 $12,152 $12,630 $13,126 $63,114
Total $315,112 $338,380 $349,760 $361,595 $373,904 $1,738,750 Staff is requesting an additional appropriation of $128,112 for FY 23/24.
Prior Council Action: June 18, 2018 - Council awarded $815,618 for BWC program with Axon Enterprise.
Other: N/A
Alternatives: Deny motion directing staff to enter into Measure N amendment process.
Recommended Motion (and Alternative Motions if expected):
Authorize City staff to initiate the Measure N amendment process to increase the budget for patrol vehicles and body-worn cameras.
Environmental Assessment Status: N/A
Visalia City Council Printed on 4/28/2023Page 7 of 8
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56 File #: 23-0148 Agenda Date: 5/1/2023 Agenda #: 2.
CEQA Review: N/A
Attachments: Axon Enterprise Quote.
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57
Q-452288-45012.954CM
Issued: 03/27/2023
Quote Expiration:
Estimated Contract Start Date: 09/01/2023
Account Number: 119065
Payment Terms: N30
Delivery Method:
SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
Delivery;Invoice-303 S Johnson St Visalia Police Dept. - CA Chris Morton Dan Ford 303 S Johnson St 303 S Johnson St Phone: +1 2063106165 Phone: (559) 734-8116 Visalia, CA 93291-6135 Visalia, CA 93291-6135 Email: [email protected] Email: [email protected] USA USA Fax: Fax:
Email:
Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $112,067.11 TOTAL COST $1,675,636.16
ESTIMATED TOTAL W/ TAX $1,736,487.52 TOTAL SAVINGS $560,335.55
Payment Summary
Date Subtotal Tax Total
Aug 2023 $301,599.55 $11,251.00 $312,850.55
Aug 2024 $326,686.55 $11,692.67 $338,379.22
Aug 2025 $337,607.51 $12,151.89 $349,759.40
Aug 2026 $348,965.18 $12,629.55 $361,594.73
Aug 2027 $360,777.37 $13,126.25 $373,903.62
Total $1,675,636.16 $60,851.36 $1,736,487.52
Axon Enterprise, Inc.
17800 N 85th St.
Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737
58
Quote Unbundled Price: $2,235,971.71
Quote List Price: $2,083,080.91
Quote Subtotal: $1,675,636.16
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
OSP7 2021 - OFFICER SAFETY PLAN 7 130 60 $202.76 $183.07 $170.13 $1,327,014.00 $59,796.86 $1,386,810.86 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 4 60 $183.34 $183.34 $0.00 $0.00 $0.00 $0.00 TapHeadset VR Headset TAP Bundle 2 60 $39.81 $41.38 $41.38 $4,965.60 $369.70 $5,335.30 TapTablet VR Tablet TAP Bundle 2 60 $21.94 $23.39 $23.39 $2,806.80 $210.60 $3,017.40 TapHeadset VR Headset TAP Bundle 4 60 $40.01 $41.38 $0.00 $0.00 $0.00 $0.00 A la Carte Hardware
20378 HTC FOCUS 3 VR HEADSET 6 $1,935.00 $0.00 $0.00 $0.00 $0.00 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART
CARRIER 2 $91.25 $0.00 $0.00 $0.00 $0.00
20160 TASER 7 HOLSTER - SAFARILAND, RH+CART
CARRIER 3 $91.25 $0.00 $0.00 $0.00 $0.00
80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN.,
TASER 7 4 $85.55 $0.00 $0.00 $0.00 $0.00
80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL
(RUGGEDIZED) 4 $171.05 $0.00 $0.00 $0.00 $0.00
AB3C AB3 Camera Bundle 130 $749.00 $0.00 $0.00 $0.00 $0.00 AB3MBD AB3 Multi Bay Dock Bundle 17 $1,638.90 $0.00 $0.00 $0.00 $0.00 VRCK VR Controller Kit 2 $2,434.63 $2,789.38 $5,578.76 $474.20 $6,052.96 T7Dock 2021 T7 Dock 2 $1,668.25 $0.00 $0.00 $0.00 $0.00 A la Carte Software
73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 50 60 $0.55 $0.00 $0.00 $0.00 $0.00 100678 INVESTIGATE PRO USB DONGLE 1 $0.00 $0.00 $0.00 $0.00 $0.00 100749 INVESTIGATE PRO DONGLE LICENSE 3 60 $250.00 $0.00 $0.00 $0.00 $0.00 73739 PERFORMANCE LICENSE 130 60 $9.00 $8.33 $64,935.00 $0.00 $64,935.00 100112 AXON AIR, E.COM PILOT DATA LIC 4 60 $30.00 $0.00 $0.00 $0.00 $0.00 100538 FULL VR STANDALONE USER ACCESS 130 60 $20.00 $20.00 $156,000.00 $0.00 $156,000.00 100538 FULL VR STANDALONE USER ACCESS 25 60 $21.70 $17.36 $26,040.00 $0.00 $26,040.00 100112 AXON AIR, E.COM PILOT DATA LIC 10 60 $32.55 $0.00 $0.00 $0.00 $0.00 BasicLicense Basic License Bundle 15 60 $15.00 $13.00 $11,700.00 $0.00 $11,700.00 ProLicense Pro License Bundle 23 60 $39.00 $33.80 $46,644.00 $0.00 $46,644.00 A la Carte Services
80223 INACTIVE CHANNEL ACCESS LICENSE 1 $5,000.00 $0.00 $0.00 $0.00 $0.00 80190 Evidence.com Channel Services 1 $5,000.00 $0.00 $0.00 $0.00 $0.00 73896 STANDARDS IMPLEMENTATION SERVICE 1 $30,000.00 $29,952.00 $29,952.00 $0.00 $29,952.00 20379 VR 1-DAY SERVICE 1 $4,950.00 $0.00 $0.00 $0.00 $0.00 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $2,500.00 $0.00 $0.00 $0.00 $0.00 Total $1,675,636.16 $60,851.36 $1,736,487.52
59
Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 130 08/01/2023 2021 - OFFICER SAFETY PLAN 7 20008 TASER 7 HANDLE, YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 4 08/01/2023 2021 - OFFICER SAFETY PLAN 7 20018 TASER 7 BATTERY PACK, TACTICAL 156 08/01/2023 2021 - OFFICER SAFETY PLAN 7 20050 HOOK-AND-LOOP TRAINING (HALT) SUIT 3 08/01/2023 2021 - OFFICER SAFETY PLAN 7 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 130 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 390 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 390 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 260 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 260 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22179 TASER 7 INERT CARTRIDGE, STANDOFF (3.5-DEGREE) NS 50 08/01/2023 2021 - OFFICER SAFETY PLAN 7 22181 TASER 7 INERT CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 50 08/01/2023 2021 - OFFICER SAFETY PLAN 7 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 08/01/2023 2021 - OFFICER SAFETY PLAN 7 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 08/01/2023 2021 - OFFICER SAFETY PLAN 7 71044 BATTERY, SIGNAL SIDEARM, CR2430 SINGLE PACK 260 08/01/2023 2021 - OFFICER SAFETY PLAN 7 74200 TASER 7 6-BAY DOCK AND CORE 2 08/01/2023 2021 - OFFICER SAFETY PLAN 7 75015 SIGNAL SIDEARM KIT 130 08/01/2023 2021 - OFFICER SAFETY PLAN 7 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 2 08/01/2023 2021 - OFFICER SAFETY PLAN 7 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 2 08/01/2023 AB3 Camera Bundle 11534 USB-C to USB-A CABLE FOR AB3 OR FLEX 2 143 08/01/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 130 08/01/2023 AB3 Camera Bundle 73202 AXON BODY 3 - NA10 - US - BLK - RAPIDLOCK 4 08/01/2023 AB3 Camera Bundle 74020 MAGNET MOUNT, FLEXIBLE, AXON RAPIDLOCK 143 08/01/2023 AB3 Multi Bay Dock Bundle 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 17 08/01/2023 AB3 Multi Bay Dock Bundle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 17 08/01/2023 AB3 Multi Bay Dock Bundle 74210 AXON BODY 3 - 8 BAY DOCK 17 08/01/2023 VR Controller Kit 100126 AXON VR TACTICAL BAG 2 08/01/2023 VR Controller Kit 100186 HTC FOCUS 3 WRIST TRACKER 4 08/01/2023 VR Controller Kit 20296 VR TABLET 2 08/01/2023
VR Controller Kit 20297 VR TABLET CASE 2 08/01/2023
VR Controller Kit 20298 VR-ENABLED SIRT 115C CONTROLLER 2 08/01/2023 VR Controller Kit 22196 TASER 7 VR CARTRIDGE, STANDOFF (3.5-DEGREE) 4 08/01/2023 VR Controller Kit 22197 TASER 7 VR CARTRIDGE, CLOSE-QUARTERS (12-DEGREE) 4 08/01/2023 A la Carte 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 3 08/01/2023 A la Carte 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 2 08/01/2023 A la Carte 20378 HTC FOCUS 3 VR HEADSET 6 08/01/2023
A la Carte 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 4 08/01/2023 A la Carte 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 4 08/01/2023 2021 T7 Dock 70033 WALL MOUNT BRACKET, ASSY, EVIDENCE.COM DOCK 2 09/01/2023 60
Hardware
Bundle Item Description QTY Estimated Delivery Date
2021 T7 Dock 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY / 6-BAY DOCK 2 09/01/2023 2021 T7 Dock 74200 TASER 7 6-BAY DOCK AND CORE 2 09/01/2023 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 08/01/2024 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 08/01/2024 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 08/01/2025 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 08/01/2025 2021 - OFFICER SAFETY PLAN 7 22177 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, STANDOFF NS 260 08/01/2025 2021 - OFFICER SAFETY PLAN 7 22178 TASER 7 HOOK-AND-LOOP TRN (HALT) CARTRIDGE, CLOSE QUART NS 260 08/01/2025 2021 - OFFICER SAFETY PLAN 7 73309 AXON CAMERA REFRESH ONE 134 02/01/2026 2021 - OFFICER SAFETY PLAN 7 73689 MULTI-BAY BWC DOCK 1ST REFRESH 17 02/01/2026 VR Headset TAP Bundle 20373 VIRTUAL REALITY HEADSET REFRESH ONE 2 02/01/2026 VR Tablet TAP Bundle 100210 VIRTUAL REALITY TABLET REFRESH ONE 2 02/01/2026 VR Headset TAP Bundle 20373 VIRTUAL REALITY HEADSET REFRESH ONE 4 03/01/2026 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 08/01/2026 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 08/01/2026 2021 - OFFICER SAFETY PLAN 7 22175 TASER 7 LIVE CARTRIDGE, STANDOFF (3.5-DEGREE) NS 260 08/01/2027 2021 - OFFICER SAFETY PLAN 7 22176 TASER 7 LIVE CARTRIDGE, CLOSE QUARTERS (12-DEGREE) NS 260 08/01/2027 2021 - OFFICER SAFETY PLAN 7 73310 AXON CAMERA REFRESH TWO 134 08/01/2028 2021 - OFFICER SAFETY PLAN 7 73688 MULTI-BAY BWC DOCK 2ND REFRESH 17 08/01/2028 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 - OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 130 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 20248 TASER 7 EVIDENCE.COM LICENSE 2 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 73449 RESPOND DEVICE LICENSE 130 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 73638 STANDARDS ACCESS LICENSE 130 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 73686 EVIDENCE.COM UNLIMITED AXON DEVICE STORAGE 130 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 73746 PROFESSIONAL EVIDENCE.COM LICENSE 130 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 73746 PROFESSIONAL EVIDENCE.COM LICENSE 1 09/01/2023 08/31/2028 AXON AIR, CLASS 1 UAS BUNDLE 100579 AXON AIR, UAS LICENSE (CLASS 1) 4 09/01/2023 08/31/2028 AXON AIR, CLASS 1 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 4 09/01/2023 08/31/2028 AXON AIR, CLASS 1 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 4 09/01/2023 08/31/2028 Basic License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 15 09/01/2023 08/31/2028 Basic License Bundle 73840 EVIDENCE.COM BASIC ACCESS LICENSE 15 09/01/2023 08/31/2028 Pro License Bundle 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 69 09/01/2023 08/31/2028 Pro License Bundle 73746 PROFESSIONAL EVIDENCE.COM LICENSE 23 09/01/2023 08/31/2028 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 4 09/01/2023 08/31/2028 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 10 09/01/2023 08/31/2028 A la Carte 100538 FULL VR STANDALONE USER ACCESS 130 09/01/2023 08/31/2028 A la Carte 100538 FULL VR STANDALONE USER ACCESS 25 09/01/2023 08/31/2028 A la Carte 100678 INVESTIGATE PRO USB DONGLE 1 09/01/2023 08/31/2028 A la Carte 100749 INVESTIGATE PRO DONGLE LICENSE 3 09/01/2023 08/31/2028 A la Carte 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 50 09/01/2023 08/31/2028 A la Carte 73739 PERFORMANCE LICENSE 130 09/01/2023 08/31/2028 61
Services
Bundle Item Description QTY
2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20119 TASER 7 MASTER INSTRUCTOR SCHOOL VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20120 TASER 7 INSTRUCTOR COURSE VOUCHER 1 2021 - OFFICER SAFETY PLAN 7 20246 TASER 7 DUTY CARTRIDGE REPLACEMENT ACCESS PROGRAM 130 A la Carte 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 A la Carte 20379 VR 1-DAY SERVICE 1
A la Carte 73896 STANDARDS IMPLEMENTATION SERVICE 1
A la Carte 80190 Evidence.com Channel Services 1
A la Carte 80223 INACTIVE CHANNEL ACCESS LICENSE 1
Warranties
Bundle Item Description QTY Estimated Start Date Estimated End Date 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 4 09/01/2023 08/31/2028 2021 - OFFICER SAFETY PLAN 7 80374 EXT WARRANTY, TASER 7 BATTERY PACK 156 08/01/2024 08/31/2028 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 130 08/01/2024 08/31/2028 2021 - OFFICER SAFETY PLAN 7 80395 EXT WARRANTY, TASER 7 HANDLE 4 08/01/2024 08/31/2028 2021 - OFFICER SAFETY PLAN 7 80396 EXT WARRANTY, TASER 7 SIX BAY DOCK 2 08/01/2024 08/31/2028 2021 - OFFICER SAFETY PLAN 7 80464 EXT WARRANTY, CAMERA (TAP) 130 08/01/2024 08/31/2028 2021 - OFFICER SAFETY PLAN 7 80465 EXT WARRANTY, MULTI-BAY DOCK (TAP) 17 08/01/2024 08/31/2028 VR Headset TAP Bundle 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 2 08/01/2024 08/31/2028 VR Tablet TAP Bundle 100213 VIRTUAL REALITY TABLET - HARDWARE WARRANTY 2 08/01/2024 08/31/2028 VR Headset TAP Bundle 100197 HTC FOCUS 3 VR HEADSET - WARRANTY 4 09/01/2024 08/31/2028 62
Payment Details
Aug 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 4 $0.00 $0.00 $0.00 Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 1 100538 FULL VR STANDALONE USER ACCESS 130 $31,200.00 $0.00 $31,200.00 Year 1 100538 FULL VR STANDALONE USER ACCESS 25 $5,208.00 $0.00 $5,208.00 Year 1 100678 INVESTIGATE PRO USB DONGLE 1 $0.00 $0.00 $0.00 Year 1 100749 INVESTIGATE PRO DONGLE LICENSE 3 $0.00 $0.00 $0.00 Year 1 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 3 $0.00 $0.00 $0.00 Year 1 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 2 $0.00 $0.00 $0.00 Year 1 20378 HTC FOCUS 3 VR HEADSET 6 $0.00 $0.00 $0.00 Year 1 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 1 73739 PERFORMANCE LICENSE 130 $11,988.76 $0.00 $11,988.76 Year 1 73896 STANDARDS IMPLEMENTATION SERVICE 1 $5,529.95 $0.00 $5,529.95 Year 1 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 4 $0.00 $0.00 $0.00 Year 1 OSP7 2021 - OFFICER SAFETY PLAN 7 130 $245,002.61 $11,040.10 $256,042.71 Year 1 TapHeadset VR Headset TAP Bundle 2 $993.12 $73.94 $1,067.06 Year 1 TapHeadset VR Headset TAP Bundle 4 $0.00 $0.00 $0.00 Year 1 TapTablet VR Tablet TAP Bundle 2 $561.36 $42.12 $603.48 Year 1 VRCK VR Controller Kit 2 $1,115.75 $94.84 $1,210.59 Invoice Upon Fulfillment 80087 TASER 7 TARGET, CONDUCTIVE, PROFESSIONAL (RUGGEDIZED) 4 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 80090 TARGET FRAME, PROFESSIONAL, 27.5 IN. X 75 IN., TASER 7 4 $0.00 $0.00 $0.00 Invoice Upon Fulfillment AB3C AB3 Camera Bundle 130 $0.00 $0.00 $0.00 Invoice Upon Fulfillment AB3MBD AB3 Multi Bay Dock Bundle 17 $0.00 $0.00 $0.00 Total $301,599.55 $11,251.00 $312,850.55
Sep 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Invoice Upon Fulfillment 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 73683 10 GB EVIDENCE.COM A-LA-CART STORAGE 50 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 80190 Evidence.com Channel Services 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment 80223 INACTIVE CHANNEL ACCESS LICENSE 1 $0.00 $0.00 $0.00 Invoice Upon Fulfillment OSP7 2021 - OFFICER SAFETY PLAN 7 130 $0.00 $0.00 $0.00 Invoice Upon Fulfillment T7Dock 2021 T7 Dock 2 $0.00 $0.00 $0.00 Invoice Upon Fulfillment TapHeadset VR Headset TAP Bundle 2 $0.00 $0.00 $0.00 Invoice Upon Fulfillment TapHeadset VR Headset TAP Bundle 4 $0.00 $0.00 $0.00 Invoice Upon Fulfillment TapTablet VR Tablet TAP Bundle 2 $0.00 $0.00 $0.00 Total $0.00 $0.00 $0.00
Aug 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 4 $0.00 $0.00 $0.00 Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 2 100538 FULL VR STANDALONE USER ACCESS 130 $31,200.00 $0.00 $31,200.00 63
Aug 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100538 FULL VR STANDALONE USER ACCESS 25 $5,208.00 $0.00 $5,208.00 Year 2 100678 INVESTIGATE PRO USB DONGLE 1 $0.00 $0.00 $0.00 Year 2 100749 INVESTIGATE PRO DONGLE LICENSE 3 $0.00 $0.00 $0.00 Year 2 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 3 $0.00 $0.00 $0.00 Year 2 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 2 $0.00 $0.00 $0.00 Year 2 20378 HTC FOCUS 3 VR HEADSET 6 $0.00 $0.00 $0.00 Year 2 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 2 73739 PERFORMANCE LICENSE 130 $12,468.31 $0.00 $12,468.31 Year 2 73896 STANDARDS IMPLEMENTATION SERVICE 1 $5,751.15 $0.00 $5,751.15 Year 2 BasicLicense Basic License Bundle 15 $2,925.00 $0.00 $2,925.00 Year 2 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 4 $0.00 $0.00 $0.00 Year 2 OSP7 2021 - OFFICER SAFETY PLAN 7 130 $254,802.86 $11,481.77 $266,284.63 Year 2 ProLicense Pro License Bundle 23 $11,661.00 $0.00 $11,661.00 Year 2 TapHeadset VR Headset TAP Bundle 2 $993.12 $73.94 $1,067.06 Year 2 TapHeadset VR Headset TAP Bundle 4 $0.00 $0.00 $0.00 Year 2 TapTablet VR Tablet TAP Bundle 2 $561.36 $42.12 $603.48 Year 2 VRCK VR Controller Kit 2 $1,115.75 $94.84 $1,210.59 Total $326,686.55 $11,692.67 $338,379.22
Aug 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 4 $0.00 $0.00 $0.00 Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 3 100538 FULL VR STANDALONE USER ACCESS 130 $31,200.00 $0.00 $31,200.00 Year 3 100538 FULL VR STANDALONE USER ACCESS 25 $5,208.00 $0.00 $5,208.00 Year 3 100678 INVESTIGATE PRO USB DONGLE 1 $0.00 $0.00 $0.00 Year 3 100749 INVESTIGATE PRO DONGLE LICENSE 3 $0.00 $0.00 $0.00 Year 3 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 3 $0.00 $0.00 $0.00 Year 3 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 2 $0.00 $0.00 $0.00 Year 3 20378 HTC FOCUS 3 VR HEADSET 6 $0.00 $0.00 $0.00 Year 3 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 3 73739 PERFORMANCE LICENSE 130 $12,967.04 $0.00 $12,967.04 Year 3 73896 STANDARDS IMPLEMENTATION SERVICE 1 $5,981.20 $0.00 $5,981.20 Year 3 BasicLicense Basic License Bundle 15 $2,925.00 $0.00 $2,925.00 Year 3 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 4 $0.00 $0.00 $0.00 Year 3 OSP7 2021 - OFFICER SAFETY PLAN 7 130 $264,995.04 $11,940.99 $276,936.03 Year 3 ProLicense Pro License Bundle 23 $11,661.00 $0.00 $11,661.00 Year 3 TapHeadset VR Headset TAP Bundle 2 $993.12 $73.94 $1,067.06 Year 3 TapHeadset VR Headset TAP Bundle 4 $0.00 $0.00 $0.00 Year 3 TapTablet VR Tablet TAP Bundle 2 $561.36 $42.12 $603.48 Year 3 VRCK VR Controller Kit 2 $1,115.75 $94.84 $1,210.59 Total $337,607.51 $12,151.89 $349,759.40
64
Aug 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 4 $0.00 $0.00 $0.00 Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 4 100538 FULL VR STANDALONE USER ACCESS 130 $31,200.00 $0.00 $31,200.00 Year 4 100538 FULL VR STANDALONE USER ACCESS 25 $5,208.00 $0.00 $5,208.00 Year 4 100678 INVESTIGATE PRO USB DONGLE 1 $0.00 $0.00 $0.00 Year 4 100749 INVESTIGATE PRO DONGLE LICENSE 3 $0.00 $0.00 $0.00 Year 4 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 3 $0.00 $0.00 $0.00 Year 4 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 2 $0.00 $0.00 $0.00 Year 4 20378 HTC FOCUS 3 VR HEADSET 6 $0.00 $0.00 $0.00 Year 4 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 4 73739 PERFORMANCE LICENSE 130 $13,485.73 $0.00 $13,485.73 Year 4 73896 STANDARDS IMPLEMENTATION SERVICE 1 $6,220.44 $0.00 $6,220.44 Year 4 BasicLicense Basic License Bundle 15 $2,925.00 $0.00 $2,925.00 Year 4 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 4 $0.00 $0.00 $0.00 Year 4 OSP7 2021 - OFFICER SAFETY PLAN 7 130 $275,594.78 $12,418.65 $288,013.43 Year 4 ProLicense Pro License Bundle 23 $11,661.00 $0.00 $11,661.00 Year 4 TapHeadset VR Headset TAP Bundle 2 $993.12 $73.94 $1,067.06 Year 4 TapHeadset VR Headset TAP Bundle 4 $0.00 $0.00 $0.00 Year 4 TapTablet VR Tablet TAP Bundle 2 $561.36 $42.12 $603.48 Year 4 VRCK VR Controller Kit 2 $1,115.75 $94.84 $1,210.59 Total $348,965.18 $12,629.55 $361,594.73
Aug 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 4 $0.00 $0.00 $0.00 Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 10 $0.00 $0.00 $0.00 Year 5 100538 FULL VR STANDALONE USER ACCESS 130 $31,200.00 $0.00 $31,200.00 Year 5 100538 FULL VR STANDALONE USER ACCESS 25 $5,208.00 $0.00 $5,208.00 Year 5 100678 INVESTIGATE PRO USB DONGLE 1 $0.00 $0.00 $0.00 Year 5 100749 INVESTIGATE PRO DONGLE LICENSE 3 $0.00 $0.00 $0.00 Year 5 20160 TASER 7 HOLSTER - SAFARILAND, RH+CART CARRIER 3 $0.00 $0.00 $0.00 Year 5 20161 TASER 7 HOLSTER - SAFARILAND, LH+CART CARRIER 2 $0.00 $0.00 $0.00 Year 5 20378 HTC FOCUS 3 VR HEADSET 6 $0.00 $0.00 $0.00 Year 5 20379 VR 1-DAY SERVICE 1 $0.00 $0.00 $0.00
Year 5 73739 PERFORMANCE LICENSE 130 $14,025.16 $0.00 $14,025.16 Year 5 73896 STANDARDS IMPLEMENTATION SERVICE 1 $6,469.26 $0.00 $6,469.26 Year 5 BasicLicense Basic License Bundle 15 $2,925.00 $0.00 $2,925.00 Year 5 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 4 $0.00 $0.00 $0.00 Year 5 OSP7 2021 - OFFICER SAFETY PLAN 7 130 $286,618.71 $12,915.35 $299,534.06 Year 5 ProLicense Pro License Bundle 23 $11,661.00 $0.00 $11,661.00 Year 5 TapHeadset VR Headset TAP Bundle 2 $993.12 $73.94 $1,067.06 Year 5 TapHeadset VR Headset TAP Bundle 4 $0.00 $0.00 $0.00 Year 5 TapTablet VR Tablet TAP Bundle 2 $561.36 $42.12 $603.48 Year 5 VRCK VR Controller Kit 2 $1,115.76 $94.84 $1,210.60 Total $360,777.37 $13,126.25 $373,903.62
65
Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.
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Axon Enterprise Inc. Sales Terms and Conditions
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Exceptions to Standard Terms and Conditions
CEW Trade In Credit is being applied as a Discount to T7 Handles equaling amount of $4,375.00 Exceptions to Standard Terms and Conditions
4% year-over-year inflation is built into Line Item OSP7 which equates to $312,850.55 in Year One, $338,379.22 in Year Two, $349,759.40 in Year Three, $361,594.73 in Year Four, and $373,903.62 in Year Five for a total amount owed of $1,736,487.52 after all applicable taxes.
Exceptions to Standard Terms and Conditions
Discounting for the Amount of Standards Access Service ($30,000) from the OSP7 Bundle, SKU: 73686. \s1\ \d1\
Signature Date Signed
3/27/2023
67
68
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69 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0147 Agenda Date: 5/1/2023 Agenda #: 3.
Agenda Item Wording:
Authorize City staff to initiate Measure N amendment process to convert one (1) FY 23/24 Measure N Police Officer allocation to two (2) Community Service Officer (CSO) allocations.
Deadline for Action: 5/1/2022
Submitting Department: Police Department
Contact Name and Phone Number: Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Captain Dan Ford, ext. 4151, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>
Department Recommendation:
Authorize City staff to initiate Measure N amendment process to convert one (1) FY23/24 Measure N Police Officer allocation to two (2) Community Service Officer (CSO) allocations.
Summary:
Community Service Officers (CSOs) have been an important resource for the Police Department for several decades. CSOs are responsible for mitigating the number of non-emergency calls for service that police officers respond to, freeing those police officers to be available for higher priority calls for service and reducing response times. CSOs accomplish this goal by handling non-emergency calls for service such as, traffic collision investigations, abandoned vehicle abatements, parking concerns, and taking reports for minor cold crimes. In addition to minimizing the number of lower priority calls for service handled by police officers, CSO responses also free up police officers to handle higher priority incidents, calls that present a threat to public safety, reduce police officer response times, engage in community outreach events, and conduct proactive enforcement. Staff have concluded that converting one police officer position into two CSO positions will provide a higher level of service to the community by improving response times, allowing for more effective deployment of police officers, and providing a cost savings.
Background Discussion:
In 2016, the citizens of Visalia approved a tax measure (Measure N) that provided additional staffing for the Police Department. This increased staffing allocations for police officer, administrative, and support positions. The City is currently in year seven of the 10-year Measure N spending plan, and will enter year eight at the beginning of the FY2023/24 budget cycle. Through Measure N, the Department is slated to receive one police officer position, which includes a patrol vehicle and all associated equipment for the police officer. The total cost (salary/benefits + vehicle + equipment) to staff this position is estimated at $267,000.
CSOs are an important support function for patrol officers. CSOs respond to a wide array of calls for service and significantly reduce the response burden for police officers, reduce response times for Visalia City Council Printed on 4/28/2023Page 1 of 3
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70 File #: 23-0147 Agenda Date: 5/1/2023 Agenda #: 3.
service and significantly reduce the response burden for police officers, reduce response times for the Department, and reduce wait times for citizens of Visalia. CSOs are also trained to handle most traffic accident investigations, conduct traffic control for small and large scenes, and conduct abandoned vehicle abatement. Because CSOs are able to handle non-emergency calls for service and take reports for a large range of cold or minor crime offenses, police officers are able to focus on higher priority calls, with active criminal and public safety threats. Police officers are also able to better address concerns related to public safety and quality of life by being available to conduct proactive enforcement.
Finally, CSOs often gain a lot of experience through their day-to-day activities and observations, and are able to be observed by members of the Department. CSOs often become excellent candidates for police recruit positions and eventual police officer positions. The Department has a significant number of members that began their career with the Department as a CSO and have become very successful within the Department (including Chief Jason Salazar and Captain Luma Fahoum). In a time when law enforcement organizations are struggling to fill police officer positions and competing from the same pool of officer candidates, the addition of CSOs provides the Department with an edge in recruitment, development of quality candidates, and multiple benefits from a public safety and community outreach perspective.
Fiscal Impact:
By converting this police officer position, the Department would be able to fund two (2) CSO positions and still have a cost savings. CSO salaries and benefits are nearly half of a police officer. The total salary and benefits for one police officer is $171,000 compared to $91,100 for a CSO. For two CSO positions, the total salary and benefits would be $182,200. Despite a salary & benefits cost increase of $11,200 through this conversion, the Department is able to obtain cost savings of $5,900 for equipment cost, and an estimated $20,000 in cost savings for a vehicle. This provides a total overall cost savings of $14,700 as shown in the table below.
Position Salary & Benefits Vehicle Equipment Total
One Police Officer 171,000$ 80,000$ 16,000$ 267,000$ Two CSOs 182,200$ 60,000$ 10,100$ 252,300$ Cost Savings 14,700$
Cost Comparison for One Police Officer to Two Community Service Officers Prior Council Action: N/A
Other: N/A
Visalia City Council Printed on 4/28/2023Page 2 of 3
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71 File #: 23-0147 Agenda Date: 5/1/2023 Agenda #: 3.
Alternatives: Deny the motion to direct staff to move forward with the Measure N amendment process.
Recommended Motion (and Alternative Motions if expected):
Authorize City staff to initiate the Measure N amendment process to convert one (1) FY 23/24 Measure N Police Officer allocation to two (2) Community Service Officer (CSO) positions with associated equipment.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
Visalia City Council Printed on 4/28/2023Page 3 of 3
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72 73
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0143 Agenda Date: 5/1/2023 Agenda #: 4.
Agenda Item Wording:
Authorize the City Manager to file a Notice of Completion for the construction of the FY 18-19 Major Street Rehabilitation - Walnut & Murray Project (CIP 3010-72000/CP0289-999 & 2370- 72000/CP0402-999).
Deadline for Action: None.
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Chantha Chap, Civil Engineer, [email protected], 713-4418 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], 713-4323 Department Recommendation:
Staff recommends that City Council authorize the City Manager to file a Notice of Completion for the FY 18-19 Major Street Rehabilitation - Walnut & Murray Project.
Summary and Background:
The FY 18-19 Major Street Rehab Project consisted of two separate projects bundled together to obtain cost savings via economies of scale.
Those projects are as follows:
Project 1 (Measure N - CP0289): This project consisted of paving Walnut Avenue from Central to Court (1.12 mi) and Murray Ave from Dudley to Encina (0.62 mi). The pavement rehabilitation work on Walnut Avenue included removing isolated areas of pavement failures, also known as digouts, edge grinding of existing asphalt, and overlaying with asphalt and a paving mat. The pavement rehabilitation work on Murray Avenue consisted of grinding off the existing asphalt, proof rolling the aggregate base, and overlaying with new asphalt to include a paving mat. The paving mat is made of recycled materials and is designed to maximize the life of the new pavement section. Additionally, the project upgraded some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements on both these street segments. The project also included the replacement of in- pavement vehicle detection systems with new intersection video detection systems at five intersections. Video detection cameras will provide a significant operational improvement to the intersections. Cameras can distinguish between passenger vehicles, trucks, and bikes and automatically adjust signal timings to give additional green time as necessary reducing idle time and emissions. There are savings over time as the in-pavement detection loops will no longer need replacement with future pavement rehabilitation projects.
Project 2 (Gas Tax - CP0402): This project, the Paradise Street Project, resolved the subsidence in Visalia City Council Printed on 4/28/2023Page 1 of 3
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74 File #: 23-0143 Agenda Date: 5/1/2023 Agenda #: 4.
Project 2 (Gas Tax - CP0402): This project, the Paradise Street Project, resolved the subsidence in front of the residence on 3427 E Paradise Avenue. A subsurface exploration had revealed buried debris and uncompacted fill underneath the roadway at this location resulting in the settling of the area. The work performed included excavation and disposal of the poor- quality soil, compaction of new engineered fill, concrete restorative improvements such as curb & gutter, sidewalk, and driveway, and repaving the disturbed work area.
Both projects were completed within budget and without any change orders. The project was publicized through the City’s social media and the contractor’s own notification process, which minimized resident complaints.
Fiscal Impact:
These projects were funded using Measure N (Fund 141) and Gas Tax (Fund 111) funds. Below is a breakdown of all the costs associated with these projects:
Cost Summary: FY 18-19 Street Rehab - Walnut & Murray, CP0289 Construction Project Budget (Measure N, Gas Tax) $2,983,200.00 SB1 $283,200.00
Measure N $2,655,000.00
Gas Tax $45,000.00
Project Costs:
Design and Staff Time $283,600.00
Construction Cost $2,444,948.76
Permit Fees $10,534.40
Material Testing $36,005.49
City Surveying $9,200.00
City Construction Management & Inspection $50,000.00
Total Project Costs $2,834,288.65
Project Budget Surplus (Measure N $103,911.35 & Gas Tax $45,000) $148,911.35 Budget Summary: Paradise Street Project, CP0402
Construction Project Budget (Gas Tax) $134,510.00
Project Costs:
Design and Staff Time $4,500.00
Construction Cost $123,045.00
City Construction Management & Inspection $3,500.00
Total Project Costs $131,045.00
Project Budget Surplus (Gas Tax) $3,465.00
Since the current CIP project funds exceed the project’sestimated costs no additional appropriations Visalia City Council Printed on 4/28/2023Page 2 of 3
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75 File #: 23-0143 Agenda Date: 5/1/2023 Agenda #: 4.
Since the current CIP project funds exceed the project’sestimated costs no additional appropriations are needed at this time.
Unexpended funds following completion of the project will be returned to their respective fund sources.
Prior Council Action:
January 18, 2022: City Council authorized the City Manager to award the FY 18-19 Major Street Rehab - Walnut & Murray Project to Don Berry Construction, Inc. of Kingsburg, CA in the amount of $2,668,774.30.
Alternatives:
None recommended.
Recommended Motion :
I move to authorize the City Manager to file a Notice of Completion for the FY 18-19 Major Street Rehabilitation - Walnut & Murray.
Attachments:
1) Project Map
2) Contractor Disclosure Form
Visalia City Council Printed on 4/28/2023Page 3 of 3
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76 Hwy 198
W Main St
S Giddings St
W Noble Ave
W Myrtle Ave
W Murray Ave
W Center Ave
W Kaweah Ave
W Mineral King Ave
S Divisadero St
W Tulare Ave
S Garden St
W Vassar Ave
W Paradise Ave
S Bridge St
S Locust St
W Howard Ave
S Court St
S Conyer St
S Central St
W Laurel Ave
S Sowell St
S Watson St
N W
illis St N Court St
W Beverly Dr
N Floral St
S Encina St
N Hall St
N Bridge St
N Locust St
W Acequia Ave
N Encina St
N Church St
N Garden St
W School Ave
W Feemster Ave
N W
est St
N Park St
W Iris Ave
W Burrel Ave
W Meadow Ave
Alley
S Oak Park StW College Ave
S Grant St
N Fairway St
S Bardo St
E Main St
W Harter Ave
W Cambridge Ave
S W
illis St
S W
est St
S Jacob St
W Club Dr
S Fairway St
N Giddings St
E Noble Ave
N M
idland St
W Goshen Ave
E Tulare Ave
E Center Ave
S Dollner St
E Laurel Ave
E Walnut Ave
E Acequia Ave
S Church St
E Sequoia Ave
W Laura Ave
E Paradise Ave
S Stevenson St
S Elm
St
N Todd St
W Princeton Ave
W Linden Ave
E Mineral King Ave
S Bonnie St
E Laura Ave
W Olive Ave
E Myrtle Ave
S Co
nyer Ct
W Manor Dr
W Harvard Ave
N Turner St
W Oak Ave
N Dudley St
N Divisadero St
N Jacob St
S M
artin St
S Hall St
S Johnson St
W Princeton Ct
Willow Plaza
S Edwards Ct
S Johnson Ct
W Willow Ave
W Howard Ct
E Cypress Ave
W Feemster Ct
S Central St
W Iris Ave
Alley
S Conyer St
Alley
W Iris Ave
Alley
Alley
Alley
Alley
W Princeton Ave
Alley
S Locust St
W Myrtle Ave
S Johnson St
Alley
W Howard Ave
W Cambridge Ave
W Harter Ave
S M
artin St
W Tulare Ave
S W
illis St
W Paradise Ave
W Laurel Ave
N Giddings St
Alley
Alley
Alley
S W
es
t St
S Encina St
S W
atson St
Alley
S Dollner St
Alley
Alley
S Stevenson St
S Conyer St
W Feemster Ave
Alley
Alley
S Church St
Alley
Alley
S Court St
EVANS
MILL CREEK
CP0289 - FY 18-19 SB1 Street Rehab - Walnut & Murray
Project Location Map
0 650 1,300 1,950 2,600325
Feet
¯
Project Limits 77
8 12
E Paradise Ave
CP0402 - Paradise Street Project
Project Location Map
3427 E. Paradise Ave.
Project Location
Storm Drain Sanitary Sewer
50 0 5025 Feet
¯
78 79
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0146 Agenda Date: 5/1/2023 Agenda #: 5.
Agenda Item Wording:
Authorize Resolution No. 2023-11, ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No.4813, (APN: 081-100-070).
Deadline for Action: N/A
Submitting Department: Community Development
Contact Name and Phone Number:
Lupe Garcia, Civil Engineer, [email protected] <mailto:[email protected]>,(559) 713- 4197,
Jason Huckleberry, Assistant Community Development Director, [email protected] <mailto:[email protected]>,(559) 713-4495
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>,(559) 713-4025
Department Recommendation:
Staff recommends that the City Council adopt Resolution No. 2023-11 ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No. 4813, without the need of a public hearing.
Background Discussion:
In January 2007, the easement for storm drain pipeline maintenance purposes over Parcel 6 was dedicated under Parcel Map 4813. Currently a private development is rerouting the existing storm drain line over parcel 6 as part of their development permit (i.e., B216033). A new easement for the relocated storm drain line has been granted under recorded document number 2023-0016107, Tulare County Records. The existing easement for storm drain pipeline maintenance purposes, more clearly shown in Exhibit “A”, will be abandoned back to the property owner as it is no longer necessary.
The vacation and abandonment of this easement for storm drain pipeline maintenance purposes meets the provision for use of summary proceedings with no public hearing or public posting as prescribed in the California Streets and Highways Code. A local agency may summarily vacate or terminate a public service easement in any of the following cases stated in Section 8333 under Chapter 4 (Summary Vacation) of Part 3 (Public Streets, Highways, and Service Easements Vacation Law) of Division 9 (Change of Grade and Vacation) of the California Streets and Highways Code:
(a) The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation. (b) The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not used continuously since Visalia City Council Printed on 4/28/2023Page 1 of 2
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80 File #: 23-0146 Agenda Date: 5/1/2023 Agenda #: 5.
that date.
(c) The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
Under paragraph “c”of the referenced California Streets and Highways Code; the easement for storm drain pipeline maintenance purposes has been superseded by relocation and is no longer necessary.
Fiscal Impact:
N/A
Prior Council Action:
On January 8, 2007, the City Council approved the recordation of Parcel Map 4813.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to authorize the adoption of Resolution No. 2023-11, ordering the summary vacation and abandonment of the easement for storm drain pipeline maintenance purposes over Parcel 6 of Parcel Map No. 4813, (APN: 081-100-070). ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:
1. Resolution No. 2023-11 for Storm Drain Easement Abandonment
2. Exhibit A - Parcel Map 4813
3. Location Map
Visalia City Council Printed on 4/28/2023Page 2 of 2
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81 RESOLUTION NO. 2023 - ____
RESOLUTION ORDERING THE
SUMMARY VACATION AND ABANDONMENT
OF THE EASEMENT FOR STORM DRAIN PIPELINE MAINTENCE PURPOSES OVER PARCEL 6 OF PARCEL MAP 4813 RECORDED IN BOOK 49 OF PARCEL MAPS AT PAGE 18, TULARE COUNTY RECORDS
WHEREAS, The City of Visalia, State of California, has an easement for storm drain pipeline maintenance purposes over Parcel 6 of parcel map 4813, recorded in Book 49 of Parcel Maps at Page 18, Tulare County Records.
WHEREAS, The City Council of the City of Visalia may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (California Streets & Highways Code, section 8300 et seq.); and
WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in sections 8330 – 8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation,” of the California Streets & Highways Code; and
WHEREAS, the summary vacation requirement for the public service easement has been met, pursuant to §8333(c) of the California Streets & Highways Code.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Council of the City of Visalia hereby orders the summary vacation and abandonment of the easement for storm drain over Parcel 6 of Parcel Map 4813, recorded in Book 49 at Page 18, Tulare County Records.
2. A public hearing is not required, and the use of a summary proceeding is allowed for the vacation of a public service easement by having met at least one of the following cases described in California Streets and Highways Code section 8333:
a. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.
b. The date of dedication or acquisition is less than five years, and more than one year, immediately preceding the proposed vacation, and the easement was not continuously used since that date.
c. The easement has been superseded by relocation, or determined to be excess by the easement holder, and there are no other public facilities located within the easement.
3. From and after the date this resolution is recorded, storm drain easement is vacated and abandoned, and no longer constitutes an easement.
PASSED AND ADOPTED: Month __, 2023 Leslie B Caviglia, CITY CLERK
82 STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-__ passed and adopted by the Council of the City of Visalia at a regular meeting held on Month ___, 2023.
Dated: Leslie B. Caviglia, CITY CLERK
By Michelle E. Nicholson, Chief Deputy City Clerk
83 84
®
Location Map
Parcel 6 of Parcel Map No. 4813
N American St
W Goshen Ave
N Nevada St
W Nicholas Ave
N Patriot St
W Legacy Ave
W Grove Ave
N Gateway St
N Elko St
W Rasmussen Ave
W Legacy Ct
W Grove Ct
W Nicholas Ct
W Legacy Ave
W Grove Ave
Nearmap US
Subject Property
85 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0162 Agenda Date: 5/1/2023 Agenda #: 11.
Agenda Item Wording:
Approval and appropriation of the Harrell Family Trust donation for the proposed enhancement project at Harrell Grove Park, to include the addition of outdoor fitness equipment and irrigation improvements.
Deadline for Action: 5/1/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:
Staff recommends that the City Council accept the recommendation by the Visalia Parks and Recreation Commission and appropriate the $48,250.00 Harrell Family Trust Donation and create a Capital Improvement Project (CIP) to enhance Harrell Grove Park which includes the addition of outdoor fitness equipment and irrigation improvements.
Background Discussion:
The City of Visalia received a monetary donation of $48,250.00 from the Harrell Family in March 2022. This donation was designated to be used by the Parks and Recreation Department to continue to provide parks and green spaces throughout the City of Visalia.
Staff met to identify areas that would benefit the most from the donated funds, several areas were considered, before staff identified Harrell Grove. The City had received funds from the Harrell Family for construction of the park several years ago. The recent donation will be used to enhance the space. The original irrigation system that was installed during construction has been damaged by the growth of many of the trees installed. Over the last few years, staff has recognized that the now large established trees were not receiving efficient water. This has been even more damaging to the trees after several years of drought, as the trees have become more dependent on the irrigation system to survive. Another area of the park where funds could help improve are the amenities. Harrell Grove currently has seating benches, a swing set, and a four-person teeter totter. The originally installed steel slide was removed because of safety concerns.
Staff assessed the condition of the current irrigation system and amenities. In assessing the irrigation system, staff found that it was powered by an old battery-operated controller and utilized small bubblers to water the trees. One of the easiest solutions to improve watering of the trees would be to upgrade the irrigation controller and install drip rings around the trees where the single bubblers were installed while the trees were much smaller. The drip rings would ensure water is being delivered to the entire root system around the tree and could be metered for slow deep watering, better suited for mature trees. The drip irrigation material is also relatively inexpensive when compared to trenching Visalia City Council Printed on 4/28/2023Page 1 of 2
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86 File #: 23-0162 Agenda Date: 5/1/2023 Agenda #: 11.
and adding more bubblers to each tree.
Additionally, through the park assessment, staff took notice of the walking paths throughout the park and how they tied into the nearby St. John’s Trail. Staff started to strategize how to utilize the walkways in the park with the trail. Using some of the ideas from the proposed recharge basins at the future East Side Regional Park project site, staff explored adding fitness stations along the walkways in the park. After researching equipment costs and installation methods, staff proposed a 10-station Fit Trail exercise system which would be within budget, complement the existing landscape of the park, and diversify the usability of the park space, making it a more active park. It would also make Harrell Grove a destination point for people using the St. John’s Trail to increase health and movement. Users could utilize the fitness stations to workout at the park and then walk or ride a bike through the St. John’s Trail.
Fiscal Impact:
Staff is recommending to appropriate the donated funds of $48,250 to enhance Harrell Grove Park.
All of the donated funds will be used for this purpose.
Prior Council Action: None
Other: The project was presented to the Parks and Recreation Commission for a recommendation to City Council on the use of the Harrell Family donation during the July 12, 2022, meeting. In this presentation staff presented Commission with the scope of the proposed project to include irrigation improvements and installation of ten (10) fitness stations at various locations around the interior walking path of the park. After reviewing the information presented to the Parks and Recreation Commission a unanimous recommendation was made to recommend the project to City Council.
Alternatives: Recommend the use of the Harrell Family Donation for a different project in the park.
Recommended Motion (and Alternative Motions if expected):
Accept the recommendation by the Visalia Parks and Recreation Commission and appropriate the $48,250.00 Harrell Family Trust Donation and create a Capital Improvement Project (CIP) to enhance Harrell Grove Park with the addition of outdoor fitness equipment and irrigation improvements.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Commission Power Point Presentation
Visalia City Council Printed on 4/28/2023Page 2 of 2
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87 Parks and Recreation
Department
Harrell Grove
Enhancement project
88 Harrell Grove Park
• 2-acres in size
• Concrete walking paths
• Swings and Spring
Rocker
• Battery operated
irrigation controller
• Large established trees
• 2-acres in size
• Concrete walking paths
• Swings and Spring
Rocker
• Battery operated
irrigation controller
• Large established trees
89 Proposed Fit Trail Fitness
Equipment
90 Fit Trail10-StationCourse
91 New Irrigation
92 Proposed Fitness Locations
93 Questions?
94 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0161 Agenda Date: 5/1/2023 Agenda #: 7.
Agenda Item Wording:
Authorize the City Manager to Award RFB 22-23-11 annual contract for Landscape Maintenance of Landscape and Lighting Districts within Quadrant K to JC’s Land Management of Kingsburg, CA, $178,254.65 annually per specifications of RFB 22-23-11.
Deadline for Action: 5/1/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation: That the City Council authorizes the award of an annual contract for landscape maintenance to JC’s Land Management, of Kingsburg, CA, in the amount of $178,254.65 to include a ten percent contingency of $16,204.97, per specifications of RFB 22-23-11.
Background Discussion:
The previous Quadrant K landscape contract expired on May 31, 2022, and has been on a month-to-month basis with a temporary contractor, awaiting the award of a new formal landscape maintenance contract.
Quadrant K is the first of several Landscape and Lighting Quadrants that are on temporary month-to-month contracts to be awarded through a formal Request for Bidders (RFB) process.
On February 9, 2023, and February 14, 2023, the City solicited bids by advertising in the Visalia Times Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting contractors to participate in this bid process.
On February 21, and February 23, 2023, mandatory pre-bid meetings were held in the City Council Chambers.
Contractors that did not attend at least one of these meetings were ineligible to submit bids for this contract.
During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations and answered questions.
Staff received several questions from contractors where staff carefully reviewed and answered them in separate addendums.
On March 8, 2023, the City received bids from six (6) contractors in the attached Bid Summary. JC’s Land Management, of Kingsburg, CA was the qualified low bidder for RFB 22-23-31 Landscape Maintenance of Quadrant K contract.
· JC’s Land Management, Kingsburg, CA $162,049.68 annually Visalia City Council Printed on 4/28/2023Page 1 of 3
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95 File #: 23-0161 Agenda Date: 5/1/2023 Agenda #: 7.
· Clean Cut Landscape Management, Clovis, CA $191,206.44 annually · Elite Maintenance and Tree Service $237,523.44 annually · Westscapes, Hanford, CA $239,907.12 annually
· Perfect Care Landscape & Maintenance $287,403.36 annually · Brightview, Fresno, CA $396,207.00 annually
With this contract some extra work may be needed from time to time, such as shrub and tree replacement, irrigation improvements, and fertilization in districts with sufficient funding. A ten (10) percent contingency of $16,204.97 would be added to the contract to cover those extra tasks. The scope of work was also updated giving the contractor more specific shrubs heights and leaf litter cleaning intervals to improve the appearance of the landscapes. JC’sLand Management currently has other landscape maintenance contracts in various locations in the City and is fully aware of the expectations by residents and staff to maintain the districts within Quadrant K at a “Level A” service.
This is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’sLabor Compliance Manual which was a part of the specifications.
Annual price increase adjustments at time of renewal of contract are based on the Consumer Price Index specified in the contract documents. Cost for future additions to the project area (if necessary) will be calculated by multiplying the Contractor’s Unit Price by the square footage of area being added to contract.
The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.
Fiscal Impact:
The fiscal impact for RFB 22-23-11 Annual Contract for Landscape Maintenance of Quadrant K will be allocated from Fund 273 Landscape and Lighting 2731-55230 account, of which sufficient funds have been budgeted.
Prior Council Action: None
Other: None
Alternatives: Reject low bidder and go out for another Request for Bidders.
Recommended Motion (and Alternative Motions if expected):
Move to Authorize the award of an Annual Contract for Landscape Maintenance of Quadrant K, to JC’s Land Management, of Kingsburg, CA. for $178,254.65 annually per specifications of RFB 22-23-11.
Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Printed on 4/28/2023Page 2 of 3
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96 File #: 23-0161 Agenda Date: 5/1/2023 Agenda #: 7.
Attachments: Annual Contract for Landscape Maintenance of Quadrant K RFB 22-23-11, Exhibits, JC’s Land Management signed bid form, Bidders Summary.
Visalia City Council Printed on 4/28/2023Page 3 of 3
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97 BID NO. 22-23-11
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE OF
QUADRANT K
Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandat ory m eetings to be considered eligible to bid on project. Meetings will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:
Pre-Bid Meeting #1: Tuesday, February 21, 2023, at 11:00am, and Pre-Bid Meeting #2: Thursday, February 23, 2023, at 11:00am
Bid Submittal Deadline: Wednesday, March 8, 2023 @ 11:00am
Bids received after the time and date stated above shall be returned unopened to the bidder.
The City of Visalia ex pressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to p articipate in, or its participation in, such process. The Ci ty expressly reserves the right to modify, for any reason, the schedule and any provision contained herein.
The City reserves to itself the selection of w inning respondent(s), if an y, in the exe rcise o f its sole disc retion. No bind ing commitment shall ar ise on the p art of the Cit y to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Bidder for at least ninety (90) days.
Contract resulting from this bid pro cess is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Rel ations (DIR), Pa yment o f State Prevail ing Wages, Monit oring by the Labor Commissioner and other requirements listed in the City’s Labor C ompliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.
Inquiries: Direct questions for clarification of this bid document to the Purchasing Division (559) 713-4334. To prevent misinterpretations, the Purchasing Division prefers that al l q uestions be sent by e -mail to [email protected] or via fax (559) 713 -4801. All questions must be receive d before: 5:00pm on Tuesday, Feb. 28, 2023
Legal Ads 2/9 /23 & 2/14 /23
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TITLE TABLE OF CONTENTS PAGES
I. Definitions ................................................................................................................... 4 II. Introduction ................................................................................................................. 4 III. Instructions to Bidders .............................................................................................. 5 IV. Contract Acceptance After Award ............................................................................ 6 V. Scope of Work/Services ............................................................................................ 7 A. Standard Requirements ......................................................................................... 7 B. Landscape Maintenance ...................................................................................... 10 C. Important Notice ................................................................................................... 19 D. Department of Industrial Relations Requirements ............................................... 20 E. City of Visalia Labor Compliance Manual ............................................................ 23 VI. General Conditions .................................................................................................. 23 A. Contracting Agency .............................................................................................. 23 B. Term of Contract .................................................................................................. 23 C. Pricing .................................................................................................................. 23 D. Approximate Estimate .......................................................................................... 23 E. Examination of Specifications and Site(s) of Work .............................................. 24 F. Discrepancies and Misunderstandings ................................................................ 24 G. Bid Forms ............................................................................................................. 24 H. Withdrawal of Bids ............................................................................................... 25 I. Disqualification of Bidders.................................................................................... 25 J. Opening of Bids ................................................................................................... 25 K. Incurring Costs ..................................................................................................... 25 VII. Protests and Appeals ............................................................................................... 25 VIII. Award and Execution of Contract ........................................................................... 25 A. Evaluation and Award of Contract ....................................................................... 25 B. Basis of Bid Award ............................................................................................... 26 C. References ........................................................................................................... 26 D. Cooperative Agreements ..................................................................................... 27 E. Contract Bonds .................................................................................................... 27 F. Failure to Execute Contract .............................................................................. 27 IX. Control of Work ........................................................................................................ 27 A. City-Contractor Relations ..................................................................................... 27 B. Care of Existing Structures .................................................................................. 28 C. Existing Utilities .................................................................................................... 28 D. Labor .................................................................................................................... 28 E. Use of City Personnel and Equipment ................................................................. 29 F. Materials ........................................................................................................... 29 X. Measurement and Payment ..................................................................................... 29 A. Billing and Payments ........................................................................................ 29 B. Measurement and Payment ............................................................................. 30 C. City’s Right to Withhold Certain Amounts......................................................... 30 D. Extra Work ........................................................................................................ 31 XI. Legal Responsibilities & Special Provisions ......................................................... 31 A. Assignment ....................................................................................................... 31 B. Termination of Contract .................................................................................... 31 C. Rights and Remedies of City for Default .......................................................... 32 D. Permits and Licenses ....................................................................................... 32 E. Equal Employment Opportunity ........................................................................ 32 F. Ethics in Public Contracting .............................................................................. 32 G. Disclosure of Independence and Relationship ................................................. 32 H. Prevailing Wages and Labor Laws ................................................................... 33 I. Insurance and Indemnification .......................................................................... 33 J. Public Convenience and Safety ........................................................................ 34 99 BID NO. 22-23-11
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K. Safety Orders .................................................................................................... 34 L. Hazardous Waste ............................................................................................. 34 M. Dust Abatement ................................................................................................ 34 N. Noise Levels ..................................................................................................... 34 O. Personnel Protective Equipment ...................................................................... 35 P. Right to Require Performance .......................................................................... 35 Q. Compliance with Laws ...................................................................................... 35 R. Venue ............................................................................................................... 35 S. Firearms ............................................................................................................ 35 T. Executive Order N-6-22 – Russia Sanctions .................................................... 35
Exhibits (Exhibits A through B-9 are to be completed and submitted with Bid) Exhibit A Bid Form .................................................................................................... 36 Exhibit B-1 E.E.O. Compliance Certification (To accompany bid form) ...................... 40 Exhibit B-2 Certificate of Non-Segregated Facilities .................................................... 41 Exhibit B-3 Bid Guarantee ........................................................................................... 42 Exhibit B-4 Non-Collusion Affidavit .............................................................................. 43 Exhibit B-5 Certificate concerning Workers Compensation Insurance ........................ 44 Exhibit B-6 Americans with Disabilities Act Compliance Certificate ............................ 45 Exhibit B-7 Ownership Disclosure Form ...................................................................... 46 Exhibit B-8 Drug-Free Workplace Certification ............................................................ 47 Exhibit B-9 Iran Contracting Act Certification ............................................................... 48
Exhibit C Sample Contract (for information only, do not submit with bid) ................ 49 Attachment 1, General Contract Provisions ............................................. 52 Attachment 2, Standard Insurance Requirements .................................... 54 Exhibit D-1 Locations Listing and Square Footages
Exhibit D-2 Locations Map
Exhibit D-3 Water Conservation Ordinance
Exhibit D-4 City of Visalia Labor Compliance Manual Exhibit D-5 Applicable State Prevailing Wages
Exhibit D-6 Monthly Irrigation Report Template
Exhibit D-7 Water Schedule Worksheet
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I. DEFINITIONS
For the purposes of RFB NO. 22-23-11, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "V endor", "Supplier", “Consultant”, “Contr actor” and “Subrecipient” are used interchangeably throughou t this invi tation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individu al’s or entity’s offer in respo nse to this Request for Bid.
5. “RFB” means Request for Bid No. 22-23-11.
II. INTRODUCTION
The City of Vi salia is reque sting bids for landscape maintenance of an ar ea identi fied as Quadrant K .
Maintenance of areas must include if applicable , but not be limited to, pruning, shapin g a nd train ing of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mo wing; maintenance of irrigation system; and all other duti es required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf condition with horticulturally acceptable growth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. C ontractor must have sufficient equipment and employees to complete the work in accordance with the specifications and requirements of this Invitation to Bid.
This contract is for the maintenance of approximately 989,681 sq. ft. (22.72 acres) of area. Refer to Attachment D-1 and D-2 of this RFB for square footage and location details.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRA CTOR, be extended annually thereafter fo r four (4) conse cutive one-year per iods. Bid will be awarded to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB.
Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandat ory meetings to be considered eligible to bid on project. Meetings will be held in the City Council Chambers at Visalia City Hall, 707 W. Acequia Avenue, Visalia as follows:
Pre-Bid Meeting #1: Tuesday, February 21, 2023, at 11:00am, and Pre-Bid Meeting #2: Thursday, February 23, 2023, at 11:00am
Time will be set a side at these meetings for Contractors to ask quest ions about the project work and contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job sites, scope of work and any problems or difficulties that may affect the work proposed.
This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should b e direct ed to th e Purchasing Division at (559) 713 - 4334. To prevent misinterpre tations, the Purchasing Division prefers that all q uestions be sent by e -mail to [email protected] or via fax: 559-713-4801.
Any revisions to t he Invitation to Bid will be issued and dis tributed as addenda . Bidders are sp ecifically directed not to contact any othe r City p ersonnel for meetings, conferences, or technica l di scussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.
Local Vendor Preference: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a l ocal preference. The local pref erence will apply t o any bu siness that has a b usiness 101
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address within Tulare County for a m inimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If ther e is more than one local vendor that is within the 5% range, the offer goes to the local vendor that i s closest to the low bid.
Public Works Maintenance contract: Notice is hereby given th at this is a Public Works Maintenance Contract.
In compliance with SB854 and Lab or Code Section 1 725.5, all contractors and subcontractors bidding and performing work on Pu blic Works Projects must: 1) Be currently re gistered with the California Department of Industrial Relati ons (DIR) , 2) Furnish electro nic payroll records for new pr ojects to th e Labor Commissioner.
Awarded Contractor will be required to furnish the City of Visalia with their DIR registration number. See Scope of Work, Section D and City of Visalia Labor compliance Manual (attached) for additional details.
Prevailing Wages: Awarded Contractor must comply with State Regulations that apply to this contract, including payment of prevailing wages. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be required to pay not less than the prevailing wage of per di em wages as determined by the Director of the California Dep artment of Indus trial Relations. The prevailing wages a ssociated with this work are at tached as Exhibit D-5.
The City of Visalia affirmat ively ensures that Minority Business Enterprises and Disad vantaged Business Enterprises (D BE) will be afforded full oppo rtunity to submit proposals in res ponse to t his notic e. Individuals and/or entities submitting bids/prop osals to the City of Visalia will not be discriminated again st on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disa bility, medical condition, genet ic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Ne wsom issu ed Executive Order N -6-22 (the EO) regarding Econom ic Sanctions against Russia and Russian entities and individ uals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By s ubmitting a bid or p roposal, Contractor represents that it is not a target of Ec onomic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is condu cting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination b y the State.
The City of Visalia reserves the right to reject any or all bids.
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III. INSTRUCTIONS TO BIDDERS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Landscape Maintenance Quadrant K
RFB NO. 22-23-11
4. Submit a security deposit of no less than 10% of the Bid amount to the City with the sealed Bid to guarantee the Bid. City will not consider Bids which are not accompanied by the requ ired security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeitur e of Bid security shall be governed by California Contract Code Section 20172-20174.
5. Submit each of the required Certifications, Affidavits, Assurances, Statements an d Questionnaires as well as optional waiver(s) to City wi th the sealed Bid. City will not conside r Bids which are not accompanied by the required completed forms.
6. Inquiries regarding this Request for Bids may be directed to the Visalia Purchasing Division, at (559) 7 13-4334. However, to prevent misinterpret ations, the Purchasing Department request s that all questions be submitted in wri ting via email [email protected] or via fax (559) 713 - 4801. Questions regarding this RFB are due no later than Tuesday, February 28, 2023.
IIVV.. IIVV.. CCOONNTTRRAACCTT AACCCCEEPPTTAANNCCEE AAFFTTEERR AAWWAARRDD
Contract Acceptance: After award of the contract, the Contractor will inspect and review current landscape and irrigation conditions of the project areas. The Contractor must provide a statement summariz ing the status of the current landscape condit ions and irrigation system al ong with a cost estimate to make the necessary corr ections and present them to the Project Manager for review. The Project Manager will schedule a meeting with the Contractor to re view t he current landscape and irrigation cond itions of the project work ar eas and agree to a resolution and approval of the p roject areas . The Project Manager will provide a statement summarizing the resolution of the current landscape conditions and irr igation system an d must be executed by the Con tractor as stated below.
The contractor will have (30) t hirty days to inspect all areas and provi de summ ary of conditions to the Project Manager for a resolution. Once the resolution is agreed upon the contract will accept the conditions and complete the resolutions within (4) four months of contract providing all material receipts and labor costs as agreed.
At least sixty (60) days prio r to the renewal of the c ontract a revis ed statement summarizing the landscape conditions and irrigation system of the project work area must be prepared by the City’ s project manager and executed by the Contractor.
The City will conduct regular inspecti ons of the land scaping work by the Contr actor and is sue observed “Out of Compliance” reports to the Contractor . The Contractor will be required to review and remedy the observed “Out of Compliance” issues of those o bserved areas of the inspection reports by the City. This does not relinquish the contractor of any responsibility to inspect and ensure that all are as maintained by the cont ractor are compliant as outlined in the contract.
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Sixty (60) Days p rior to annu al contract renewal or termination of co ntract, all lan dscape repairs and replan ting requested by the City’s Project Manager must be complete. Any wo rk left in an unacceptabl e condition will be cause for delay of final pay ment to Con tractor until such tim e as the City has repairs and replanting completed.
Final payment will be reduced by the cost of these repairs and replanting.
VV.. VV.. SSCCOOPPEE OOFF WWOORRKK//SSEERRVVIICCEESS
A. STANDARD REQUIREMENTS
Maintenance of areas must include if applicable, but not be limited to , pruning, shaping and training of trees, shrubs and ground covers; fertilization; weed control; litter control; control of all plant diseases and pests; mowing; maintenance of irrigation system; and all other duti es required to keep the area(s) in safe, attractive, usable condition and maintain plant and turf co ndition w ith horticulturally acc eptable gro wth and color and as otherwise described herein. Landscape Maintenance for the City of Visalia must be "priority work" for the successful contractor. Contractor must have sufficient equipment and employees to co mplete th e work in accordance wi th the spec ifications and requirements of this Invitation to Bid.
1. Standards. Contractor must perform services in a manner commensurate with the highest quality professional s tandards of the landscape maintenance profession, using q ualified and experience d personnel and high-quality equipment and materials.
The specifi cations and standar ds must be met by Contractor at all times regardless of Contractor’s employees’ absence or established staffing pattern and levels.
2. Working Day. The contractor's act ivities must be confined to the hours betwe en 6:00 a.m. PST and 6:00 p.m. PST, Monday through Friday, excluding holidays. Deviation from these hours will not be permitted without the prior written consent of the City, except in emergencies involving immediate hazard to persons or property.
• No normal and routine mainten ance operations tha t cause excessive noise sha ll be performed before 7:00 a.m.
.
• All or some locations ma y require blowing of parking lots and other ha rdscape areas prior to normal busi ness hours o f 8 a.m. PST to avoid materials being blown onto private vehicles and customers, i.e., Civic Center, and other customer-based facilities.
Contractor shall comply wi th the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter
8.36 Noise. The City of Visalia Municipal Code can be found at www.visalia.city.
3. Company Identification.
• All employees must wear uniforms or other identifying clothing, to mak e clear to all observers that they are employed by the contractor.
• All vehicles (trucks, etc.) used in the course of fulfilling this contract sha ll have appropriate company identification, visible to a ll observers, to identify vehicles as being owned by the contractor.
4. Professional Conduct. Contractor and contractor’s employees m ust conduct themselves professionally at all times in public and whe n dealing with City staff and/or Visalia citizens. This will include but not be limited to refraining from using profane or vulgar language in public area s while performing work under thi s agreement. Contractor and contractor’s employees will also afford residents and citizens the utmost courtesy and respect at all times.
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5. Property Owner Concerns. Contractor must make every attempt to satisfactorily address concerns and issues presented by residents of the district. As soon as the contractor is aware of a resident concern either directly or indirectly, the c ontractor shall immediately inform the Project Manager of the concern (including the resident’s nam e a nd pho ne number if possible), and what act ion was taken or will be taken by the contractor to address the concern.
Failure of the Contractor to abide by these terms and meet addressed concerns of the Quadrant’s residents will result in a $100 liquidated damage s assessment or contract termination . The amount of damages for these type s of issues is di fficult to estimate, therefore a $100 liquidated damages assessment (per incident ) shall represent costs incurred by the City in responding to complaints concerning the Contractor.
6. Mowing All Turf areas co vered by thi s contract shall be mowed according to the specifications of this RFB.
7. Watering.
• Irrigation systems must be maintained, repaired, and adjusted to prevent wetting of adjacent streets and water waste during the irrigation cycle.
• Contractor shall follow the City’s and State’s water regu lations. There will be a liquidated damage assessment of $100 per incident or termination of con tract if multiple or gross violations occur in r ecognition of the i mportance of water conservation. The amount of damage for these types of issues is difficult to estimate and this represents costs incur red by the City in responding to complaints concerning the Contractor.
8. Signage. All regulatory park , street, and traff ic signs, trail head signs, ci ty information signs, botanical garden signs, donation monuments or stones, individual plant placards, etc ., must be kept clean and clear of plant materials, dirt and dust, graffiti, and animal and bird excrements.
9. Chemicals. The City reser ves the ri ght to reject any chemicals Contractor and/or their subcontractors propose to use, prior to or during actu al use. Safety Data Sheets (S.D.S.) shall be provided to City prior to award of contract and in case of changes after a ward of contract at least thir ty (30) days p rior to usage by Contractor for any chemicals while performing this contract.
Materials shall be non-staining, non-corrosive, and shall not leave a flammable residue.
Contractor shall not use pesticides in C ategory 1 (no chemic als with L D50 levels lower t han 500 mg/km). These would include, but not be limited to, several organophosphate and carbamate possessing high mammalian toxicity due to their intense anticholinesterase activity.
Pesticides in Category II may be used with the authorization of the Project Manager.
Contractor shall, as part of the required monthly report to the City, prepare a Chemical Use and Proposed Work Report to indicate in writing the amount, type, and locatio n of all chemicals used. If no chemica ls are use d, then the report mus t still be submitted ind icating to the City that no chemicals were used.
10. Fertilizer. Short release f ertilizer: Only commercial ferti lizer containing ten percent (10%) or more nitrogen (N), available phosphoric acid (P205) or eight percent (8%) soluble potash (K2O), singly or collectively may be used. Generally, 16 -6-8 would be nitrogen coming from an a mmonic or nitrogen source. A slow-release fertilizer shall have at least half of the nitrogen coming from a coated slow- release nitrogen source.
Fertilization will be on an as needed basis. Project Manager will request a quote for cost of additional services from time to time when services are needed. 105
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11. Clean-up. All areas cove red by the contract must be kept free of de bris and potential safety hazards generated by but no t limited to, leaves, grass clippings, pruning, weeding, tr imming, and other operations of t he contractor, as we ll as bottles, cans, trash and paper and other y ard waste.
All trash and debris are to be immediately removed and disposed of at contractor’s expense.
12. Emergency Response . Contractor must be able to re spond immediately to emergencies.
Emergencies are ge nerally construed as those events that in the op inion of City staff constitute an immediate danger or hazard to property or persons, or that sig nificantly violate water conservation requirements. If the emergency condition is identifie d and the contractor is notified (either through discovery or by contact from City personnel) during normal work hours, the contractor must r espond to the emergency within two hours unless otherwise specified. If discovery or notification occurs after normal working hours, the contractor must respond by 10am on the follow ing working day.
Contractor must provide some ac ceptable method by whic h contact can be made i n case of emergency, i.e., paging system, cell phone, etc. and shall also provid e a method b y which non - emergency messages can be received during the work day, i.e., phone messages, email, etc.
13. Reporting and Inspections
Status Reports
a. A written report i s to be prepared by the Contractor and given to the Project Manager monthly. Th e report sha ll include a descrip tion of unusual circumstances, locations of any homeless encampments that are found in area s being maintained by the Cont ractor, lighting that is inoperable, major irrigation breaks, safety hazards, etc. For emergencies and safety hazards, the Project Man ager is to be called immediately. Failure to pr ovide a report may result in a a $100 penalty per incident or terminat ion of contract if multi ple incidents are noted. The reports are important especially if they are safety hazards.
b. The Contractor must sc hedule a meeting with th e Project Ma nager no less than once per month to review the work site to ensure compliance with the contract specifications and standards. At this meetin g, Contractor or Contractor’s supervisor shall sign the meeting attendance and inspection reports prep ared by the City, pro vide all chemical use and proposed use reports, irrigation inspection and schedule changes, and usage and/or proposed fertilizer usage reports and discuss major accomplishments for the previous month, notable pr oblems, schedule changes and goals a nd deadli nes for the coming mon th. The Project Manager shall discuss areas out of compliance and options to bring are as back into compliance with contractor. Proj ect Managers shall discus s any penalties to the contract or and/or intensions to withhold pay ment of i nvoices. Project Mana ger shall document these meetings. Failure to attend these meetings may be cause for a $100 penalty per incident or termination of cont ract if Contractor has failed to meet with City staff after multiple attempts to discuss gross breaches of duty.
c. The P roject Manager shall report any maintenance deficiencies to Contractor. Contractor must correct any deficiencies at Contractor’s cost w ithin five (5) working days of written notification. Unusual hort icultural problems such as pests, d isease, and damages that are beyond the sco pe of Contractor’s responsibility shall be brought to the attention of Project Manager.
d. A Chemical Use and Prop osed W ork Report must be comple ted for e ach chemical application and proposed application. These rep orts shall be submi tted each mo nth during contractor’s monthly meeting with City’s Project Manager. Failure to submit reports may delay the City’s payment to Contractor and be cause for a liquidated damage assessment of $100 per incident The Contractor is responsible for su bmitting chemical usage repor ts to the 106
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County Agricultural Department. Copies are to be sent to the Project Manager as part of the Contractor’s monthly report.
e. Monthly Irrigation Ins pection r eports (desc ribed below), irrigation schedul e changes, and contractor signed landscape inspe ctions from the City must be submitted with monthly invoice before payment will be made . Failure to submit all reports may delay the City’s payment to Contractor.
B. LANDSCAPE MAINTENANCE – SPECIFICATIONS
1. Irrigation. Irrigation must be done with the use o f automatic or manual sprinkler systems where available and operable, unless outlined in the initial accept ance inspections for repairs. These areas will be addressed with Contractor during initial inspection and noted for regular monthly inspections.
Contractor is responsible for all repairs to the irrig ation system starting at the Ci ty side of the water meter, with the exception of the testing of the back flow and repair/replacement of the irrigation controller. Original, or equivalent, brand and size of heads and nozzles will be used in replacement of vandalized or faulty heads in turf and planter areas.
a. Maintenance. At all times, Contractor must maintain all sprinkler systems in such a way as to give proper coverage and full working capacity, making whatever adjustments or repairs necessary to maintain healthy turf, plant growt h, p revent dry spots in tu rf, plants, and shrubs, and prevent excessive run -off into streets or other areas not inten ded to be irrigated. Care mus t be taken to prev ent wasting water, causing soil erosion, or allowing seepage into existing underground improvements or structures.
The con tractor shall ke ep controllers and valve boxes free of dirt and debris; repair, replace, clean, adjust, straighten , raise, or lower the following sprinkler system components:
• Sprinkler heads
• Sprinkler risers
• Quick coupler valve boxes
• Hose bib boxes
• Remote control valves
• Remote control valve boxes and covers
• Maintain and replace batteries i n battery operated controlle rs on a continual basis
• All irrigation wiring should be maintained to City standards including pro per splices using DBR/Y-6 splice kits
• Proper solenoid replacement should be completed with dry and tight connections • Minor graffiti removal from irrigation controllers
• Controllers to be kept free of all plant materials, spiders and webs, and any other material that co uld cause the controller t o be non-accessible or damaging to the controller
If contractor fails to keep sprinkler n ozzles pr operly adjusted/ aligned to prevent wa ter waste, repair or replace malfunctioning, broken or missing sprinkler heads a nd/or sprinkler head risers and water waste results, the City of Visalia reserves the right to bill contractor for excess amount o f water i n addition to as sessing a liquidated damage assessment of $100 per incident because it is difficult to estimate the p otential losses in water and the City response time to complaint from residents.
The Contractor shall prepare a writ ten Irrigation Inspection Report (a report template has been included with this RFB, as a sample for Contractor ). The report shall describe any 107
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irrigation schedule changes , malfunctions, and necessary repairs. The Irrigation Inspection Report must be submitted with monthly invoice before payment will be made.
b. Inspection. The contractor must inspect all irrigation systems o n an inter val as established by Le vel of Service for any malfunction. This must be accomplished by utilizing a remote-control receiver to place the contr oller in test mode and visually inspecting sprinkler operation. This includes, but is not limited to breaks in irrigation lines, irrigation v alves, heads, leaks and washouts, s aturated areas or dry spots . C ontractor must notify Project Manager within twenty-four (24) hours of any malfunctions. Failure to provide notice to the Project Manager may be caus e for liquidated damage assessments of $100 per incident or termination of contract due to the difficu lt costs of estimating damages to City over wasted water and in responding to complaints of wasted water.
Contractor is to track all irrigation locations where plants are missing and maintain irrigation heads until plants are replaced.
Excessive water ru n off or overflow onto h ard surface areas must be ke pt to an absolute minimum so as not to cause waste of water, pedestrian and/or vehicular liabilities .
Problems reported to Project Manager or designated representative will be repaired within twenty-four (24) hours. Failure to complete repair or notify Project Manager of any delay to repairs may be cause for liquidated damage assessment of $100 per incid ent or termination of contract if multiple breaches occur.
Water leaks or stations must be turned off within two hours (2 hrs .) on the day reported to save water. Repairs must be made within twenty-four (24) hours or sooner if City classifies the necessary repairs as requiring an Emergency Res ponse as stated in this Agreement .
Twenty-four (24) hour fixit notices will be sent to contractor via email . Failure to comply may result in liquidated damage assessments of $100 per incident to the Contractor, unle ss the Project Manager is contacted, and an agreed time frame modification is made between the contractor and the Project Manager in writing.
Approximately sixty (60) days prior to the conclusion of the contract, a comprehensive test of all irrigation sys tems shall be made by a Public Works De partment representative. Any repairs deemed the c ontractor's responsibility must be made by the contractor prior t o the end of the contract period.
If the repairs made are not to the Project Manager's satisfaction, deductions shall be made in the final contract payment to cover the cost of eliminating the discrepanc ies determined by the Project Manager.
c. Repairs. Irrigation systems which are damaged by vandalism or in any way as a result of work per formed under t his con tract must be repaired or repla ced in k ind and in an approved manner by the contractor. Repair s mu st be made immediate ly aft er dam age occurs, unle ss otherwise direct ed. Vandalism will be documented by the contractor with the use of digital photos or vide o tape and supplied to the Pro ject Mana ger as proof of vandalism. The preferred method of tran smission of photos would be di gital photos transmitted via email . Failure to provide such documentation may be cause for no reimbursement of corrective expenses to Contractor.
The contractor shall keep an itemized list of mater ial(s) used to repair vanda lism damage and submit to Project Manager for reimbursement of materials only.
• Normal Repairs = Contractor is responsible for all normal repairs (i.e. M ain l ine (including from water servi ce meter t o the b ack flow) , valves, con trol wires, sprinklers, noz zles, lateral lines, etc .) The City is not responsi ble for any repairs needed past the irrigation controller. The backflow devices annual 108
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maintenance/testing will be the responsibility of the
City of Visa lia. All normal repai rs are the sole responsibil ity of the contractor except for repairs needed due to vandalism. Repairs not made within twenty-four (24) hours of notification or not completed to the satisfaction of the Project Manager may be assessed a liquidated damage assessment of $100 per incident.
• Major Repairs = City is responsible for funding major repairs, which include repairs to Irrigation Controllers, Booster Pumps, or Backflow Devices. All major repairs are the responsibility of the contr actor to repai r an d make operable but must be authorized by Project Manager in writing prior to repairs being made. Hourly rate plus materials for major repairs to be authorized by Project Manager pr ior to any work being done. Contractor is responsible t o report in wr iting any issues with these devises to the Project Manager for authorization to repair or replace.
Failure to complete repair s in t he all otted time on a repeated basis will cause the Contractor to have the full costs of repairs deducted from monthly billi ng a nd may be grounds for terminati on of contract. Contractor will be responsible for any fines applicable under state law, public utility billing, or local ordinance, due to continuous running water.
d. Turf Watering All turf areas must be watered based on 85-95% of daily evapotranspiration rate and need to maintain a uniform, green , healthy growth pattern a nd promote deep root growth. (If City water restrictions are imposed to conserve water, they will supersede the previous statemen t). Water shall be applied in short repeat cycles of 3 - 5 minutes each to prevent water run -off into street. Care shall be taken to not over water or waterlog any soil. C ontractor shall turn off irrigation system during the wet season and adjust the controller seasonally. Each t ime the schedule i s changed due to seasons or any other reason, a revised schedule shall be provided to the Project Manager.
Water applications o n turf and ground cover areas shall generally be applied between 12:00 a.m. and 6: 00 a.m. where possible, to l ower the risk of f ungus in turf. Drip stations may be operated during daytime hours.
e. Water Sche dule. Turf and landscape watering shall be sche duled in accordance with prevailing water conservation requirements, and unless ot herwise specified shall be scheduled Tuesday t hrough Sunday. No watering shall be allowed on Monday without prior approval of Project Manager. Irrigation program shall be s et up so that no water is applied to turf 48 hours prior to mowing . Overhead systems shall not be operated between 8:00 a.m. and 6 p.m.
Contractor will be responsible for any fines associated with not follo wing the City’s Water Conservation Rules and Regulations.
A proposed quarterly schedule of watering shall be provided to the Pro ject Manager one (1) month a fter aw ard of con tract. Each time the schedule is changed a new updated schedule must be provided to the PM.
f. Ground Cover . Sufficient amounts o f water shall be applied to ground cover areas to maintain a healthy growth patter n and promote deep rooting. Care shall be ta ken to not over water or waterlog soil.
g. Banks and Slopes. Sloped landscape are as shall be irrigated in short cycles as required to prevent water runoff , and to maintain horticulturally acceptable growth and co lor.
Irrigation practice is to promote deep root growth with a minimum of run-off.
h. Shrub and Tree s. All shrubs and trees s hall be watered as needed to maintain healthy growth and promote deep rooting. Care shall be taken to not over water. 109
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Irrigation rates shall be adjusted acc ording to shrubs or tree types and seasonal weather conditions. Deep w atering for root growth is encouraged and surface run -off is to be kept at a minimum.
i. Newly Planted Trees, Shrubs, and Groundcover. All newly planted areas are to receive special attention until plants are established. Adequate water shall be applied to promote normal, healthy g rowth. Watering basins around newly planted shrubs and trees to be used during establishment period. It is the contractor’s respo nsibility to contact the City’s Natural Resource and Conservation Department to get a twenty -one (21) day establishment permi t for any ad ditional irrigation that will be need ed for newly planted plant materials.
j. Remote Control Receiver: Upon contract com mencement, the contractor is required to have a radio -frequency ready remote-control receiver that is compatible with all maj or irrigation systems. It is the responsibility o f the contractor to obtain and purchase these devices unless it is a Toro Sentinel controller. The City of Vi salia will supply the contractor with the Toro Sentinel remote control to use for the duration of the contract. The Toro Sentinel controller(s) sh all be returned to the City at the conclusion of the contract.
Continuous activa tion o f valves by manual sol enoid or bleeding valve stem can be damaging to the fragile irrigatio n mechanisms. The remote co ntrol allows the contractor to inspect the irrigation system effectively by utilizing the technology currently in place.
2. Weed Control.
a. Weed control clarification. For the purpose of this specification, a weed shall be considered to be any undesirable plant or plant growing out of place.
• Maintenance shall include the removal and chemical abatement of weeds growing on all paved and unpaved surfaces of all maintenance areas of contract. All landscaping within the specified maintenance areas including l awns, planter areas, median islands, and tree wel ls shall be kept weed free at all times.
• Complete removal of all weed growth is to be accomplished on a con tinual basis. Weeds may be controlled b y mechanical methods, or chemical methods at the di scretion of the contractor.
• Weeds reaching height or width of four inches (4") shall be p hysically removed from landscaped areas.
• Seedlings growing out of desi red landscape plants sh all be removed and chemically treated to terminate the growth of the undesirable seedling.
b. Use of Chemical Herbicides . The contractor shall abide by all rule s and regulations of the California State Dep artment of Food and Agricult ure, Department of Heal th, and Department of Industrial Relations regarding the safe appl ication of herbicides under this contract. Care shall b e taken to ensure the safety of the pu blic and the contractor's employees during chemical weed control operatio ns. The Project Manage r may restrict the use of che mical weed c ontrol in certain areas. Pesticide Applicators L icense is required to apply herbicide. Contractor must supply a copy of this license to the Project Manager .
Contractor shall take necessary precautions to prevent herbicide drift onto non-target plants.
3. Diseases and Pest Control . The contractor must regularly inspect all landsc aped areas for the presence of disease, and insect, or rodent infesta tion. The contracto r shall notify the Project 110
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Manager within three (3) days of finding such a condition, outlining identification and con trol measures to be taken. Upon approval of the Project Manager , the contractor shall implement the approved control measures utilizing a ll safeguards necessar y to protect the public and contractor's employees.
a. Use of Chemical Pesticides . All rules o f the California State Department of Food and Agriculture, Department of Health, and Department of Industrial Relation s regarding safe application of pesticides under this contract shall be observed. Pesticide Applicators License-Category B and C, along w ith a valid Maintenance Gardener Pest Control Business License are required to a pply pesticide. Contractor shall take necessary precautions to avoid pesticide drift onto non-target organisms.
b. Rodent Mounding. Mound of soil in turf and planter areas caus ed by rodent activity shall be raked down bi-weekly to prevent soil build up in turf and around plants. All curbs, gutters, and other hardscapes adjacent to th e maintenance areas will be free of any soil mounds or erosion caused by rodents.
c. Rodent/Pest Control. Contractor must inspect all turf and planter areas for rodent (goph er, squirrel, and other pest) activity, and initiate control measures on a weekly basis. Contractor must fill all rodent holes in a reas that are used by walkers and pedestrians for safety (i.e. trails, turf, DG paths, etc.). Contractor shall take necessary precautions and safeguards to protect health of public and employees.
4. Plants. All shrubs and ground cover plants growing in the work area must be pruned once every other month to maintain plants in a healthy growing co ndition, and to allow for full coverage of the irrigation system. Pruning is to be done in a manner that promo tes the plant's natural growth characteristics. If hedging is needed to clear the sidewalk, the plant must be trimmed on all sides to balance gr owth. Hedging, shearing, or oth er se vere pruning will not be allow ed ex cept with prior approval. All debris fr om trimming of plant material will be removed from beds, hauled off, and disposed of immediately and appropriately. Fallen leaf material shall b e removed from planter areas and off the plants on a monthly basis to allow for proper growth of the plants.
a. Growth Control . Plant growth shall be kept within r easonable bounds to prevent its encroachment into walk, passageways, and streets. Clear view of traffic signs and intersections is to be maintained at all times.
All shrubs and pl ant growth in planter a reas along walls are to be maintained to a height no greater than five (5 ’) feet and kept from blocking any subdivision , safety signage, and overhead or landscape lighting.
All trees, large and small shrubs, and groundcovers in planters or Right of Way areas along streets and at intersections, must be maintained and trimmed for traffic sightline clearances.
Mature trees must be raised above ei ghty-four (84) inches for site line visibility. Newly planted, young or non -mature t rees, multi-trunk trees, or large shrubs (i.e. Western Redbuds) must also be raised or thinned to maintain site line visibility.
Pruning is to be done in a manner that promotes the plant's natural growth characteristics.
Small shrubs and groundcovers mus t be kept below thirty (3 0) inches at road level to allow for visual site of oncoming traffic.
b. Removal. All dead, dyi ng, or damaged plants (including trees) and any b ranches must be removed immediately. This debris, including plant growth removed by contractor, shall be removed away from job sites and appropriately disposed o f. Hauling and disposing of said debris must be included in bid price. Dead stems of day -lily, agapanthus, and 111
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similar plants shall be removed on a monthly frequency. Dead leave s around base of plants shall also be removed on a monthly basis.
c. Trees. T he contractor is responsible for removal of s uckers, limb growth that inhibits site line visibility of any traffic, and all p runing that can be reached with a twelve-foot (12’) pole saw by a person standing on the ground as part of this contract.
All trees are to be maintained in their natural sha pe, and pruning is to be done in a manner that promotes the trees natural growth characteristics using sharp and proper pruning tools along with the correct pruning techniques to promote and achieve the trees na tural growth characteristics and to meet International Society of Arboriculture (I.S.A.) Stand ards; all cuts shall be made cleanly with no stubs or projections remaining.
No weed w hackers or h edging type tools shall be allowed to trim and maintain trees . The use of improper tools and techniques r esulting in the negligent and irresponsible care of trees or plants, thus ca using dam age to trees or plants and resulting in the need for the Project Manager to hire outside services to correct the damage will r esult in those costs associated with the corr ections being deducted from the Contractors month ly invoice along with a $100 liquidated damage assessment per incident or up to termination of the contract.
Canopy clearance a bove sidewalks, bikeways, and other pat hways of 10'0" is to be maintained for pedestrian safety.
All regulatory street and traffic signs mus t be clear of tree and plant growth at all time s for sight clearances.
Clippings must be pi cked up, hauled away, an d disposed of by the Contractor immedia tely and appropriately.
Leaves in pla nter areas shall b e removed on a monthly basis. In addition, d uring seasonal drop leaves will need to be remove d off of walkways as nee ded for safety. Fallen l eaf material shall be removed off the plant s on a monthly basis to allow for proper plant growth.
Newly planted trees that do not have trunk caliber suffic ient to support tree shall be staked, pruned, and shaped to promote their eventual development into strong, healthy representatives of their species.
Until young trees are strong enough to s tand alone, they s hall be flex -tied between two (2) approved two-inch (2") diameter x eight foot (8') treated tr ee stakes. Tree stakes shall be of treated lodge pole pine. Metal stakes may be required in some areas. Tree ties made of extruded vinyl base, 1” wide, and a minimum of .01” thick shall be used to secure the young trees. Tree ties to be inspected often for signs of girdling or abrasion.
Contractor must maintain a three-foot (3’) diameter circle free of grass/weeds around all trees located in turf areas.
Trees damaged by maintenance equipment shall be replaced by contractor with like siz e and species. Contractor is responsible for all costs related to replacement.
Maintenance shall include the removal of dead trees, limbs, and dead le af ma terial on a weekly basis. Dead trees will need to be replaced per the contract for plant replacement in Item 6 (below) of this scope of work and per the discretion and determination of the Project Manager.
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Young or new t rees along trails, paths, riparia n landscapes, Land scape and Lighting Districts, parkway strips, and pocket parks shall be maintained, pruned, an d shaped to promote their eventual development into strong, healthy representatives of their species by the contractor for the first three (3) y ears of the trees life within the landscape. Stakes must be re moved when tree has sufficient strength to suppor t itself. These costs a re to b e factored into the planter costs. Project manager will instruct contractor whe n tree stakes are to be removed. Contractor is res ponsible for the proper disposal of all press ure treated wooden tree stakes. All metal stakes in good condition must b e taken to C ity of Visalia, Corporation Yard for storage.
The contractor shall notify the Project Manager within twenty-four (24) hours of any tree that shows sign of root heaving, l eaning, having hanger limbs, or in some manner co nstitutes a safety hazar d. Failure to notify Project Manager may result in a liquidated damage assessment of $100 per incident to recover the l osses to the City for responding to resident complaints of the Contractor noncompliance or termination of contract if multiple breaches or gross violations occur that place residents in danger.
d. Shrubs. All shrubs must be trimmed to prevent encroachment o nto walks, passage ways, streets, curbing, and trails to allow f or safe passage of users. Shrubs must be trimmed to allow a clear sightline of oncoming traffic at all Right of Ways and intersections. Shrubs must be cleared away from all regulatory street a nd traffic signs. Shrubs in planters must be kept below thirty (30) inches at intersections and turn lanes for sightline of oncoming traffic.
5. Fertilization. Fertilization will be performed on an as needed basis as re quested by the Project Manager. Project Manager will request separate pricing for fertilization w hen it is required . A slow- release fertilizer will be applied when fertilizer is requested by Project Manager.
When fertilizer is applied as needed, to main tain healthy and vigorous plants : The City anticipate s that primarily nitrogen will be deficient i n soils; however, Contractor shall identify and c orrect other mineral deficiencies that affect plant growth.
Analysis of fertilizer shall be approved by the Project Manager prior to application.
All turf fertilizer shall be watered in thoroughly within two (2) hours of application.
Fertilizer shall be applied uniformly using an appropriate spreader. Prior to beginning a fertilization program, Project Manag er shall submit to the Contrac tor, a schedule sh owing sites to be fertilized.
The Contractor shall submit to the Project Manager a schedule s howing the dates and app roximate times of fertilizer applications. Timing or number of sites fertilized per day o r week shall not be set up to preclude normal on-site maintenance work.
Once the Project M anager has requested that fertilization is necess ary the Contractor shall notify Project Manager at least ten (10) days before any fertilizer applications. Receipts for the Contractor’s purchase of the approved fertilizer will be required and must be subm itted to the Project Manager with monthly invoice.
Note: Subject to app roval of the Project Manager, fertilization may be altered by use of slow- release fertilizers such as Woodace containing IBDU formula.
6. Replacement of Plant Material
a. The contractor must notify the Project Manager within three (3) days of disco very of loss of turf, shrub, ground cover, or tree material due to any cause.
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b. The contractor must supply all labor and mater ials to replace an y tree, shrub, turf, or ground cover damaged during work by the contractor or lost through the contractor’s faulty maintenance or negligence.
Trees, shrubs, or turf that are damaged or lost through disease , insect infestation, or rodents, that could have been prevented with reasonable ordinary ca re by the Contractor shall be the responsibility of the Contractor.
Contractor is not re sponsible for plant loss due to vandalism, theft, vehicle accident, fires, storm, or water restriction in response to drought conditions. Whether or not the loss was due to contractor faulty maintenance or neglige nce shall be determin ed by the Project Manager.
The size and species of replacement plant material shall also be determined by the Project Manager but shall be reasonably equal to the plant material that is being replaced.
In regard to trees, where there is a difference between the tree lost and the replacement tree, the difference will be deducted from the contract payment. The value will be determined using the latest American Shade Tree Conference guidelines.
c. Any plant damaged or lost through fires, storms, or water res trictions in response to drought conditions, theft, vehicular damage, or vandalism that are not the responsibility of th e contractor (as d etermined by the Project Manager), shall be r eplaced in kind and size at the Project Manager’s direction. The contractor will perform the work and the City will pay for the contractor’s labor at an hourly rat e established in this contrac t and pay for repl acement materials at COST plus 10%.
From time to time it may be necessary or desirable to replace some plants to enha nce the overall app earance of a site. Any such replacements will be at the Project Manager 's decision. The contractor will perform the work and The City will pay for the contractor’ s labor at contract rates an d cost of replacement materials. All landsca pe repa irs a nd repl anting requested by the City’s Project Manager must be completed sixty ( 60) days prior to contract renewal or prior to termination of contract.
The contractor s hall supply itemized labor hours and material cos t invoice(s) with monthl y invoices in order to be reimbursed for plant replacement.
7. Turf Maintenance
a. Mowing. The turf must be mowed and edged at regular intervals during its growing season in order to maintain a neat a ppearance and healthy growth. If we ather c onditions do not permit regular mo wing, longer intervals may be observed by Project Manager with notice from contractor.
• Contractor will never mow turf when it is in a wet, saturated condition th at would cause r utting, tearing or sliding on t he turf surf ace or when it could be unsafe for contractor’s employees to operate equipment.
• All lawn areas in this contract shall be mowed wit h power-propelled reel or rotary - type mowers.
• All mowers shall be cleaned prior to each mowing to avoid possible weed invasion. • Mowers shall be adjusted and maintained to provide a smooth, uniform cut with no ridges or depressions.
• Turf will be cut with the size of equipment, which will give a neat appearance without rutting, sliding over, or scalping the turf. This will b e strictly a dhered to, including cases of steep turf slopes.
• Blades shall be kept sharp at all times to prevent turf damage. • Mowing patterns will be changed weekly or as often as necessary to avoid rutting. 114
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• Turf will be kept at a uniform height that is recommended for that particular type of turf grass.
• Grass clippings shall be removed promptly and dispos ed of at t he Contractor ’s expense unless they will dry and drop beneat h the growing leve l of the turf wi thin twenty-four (24) hours.
• Recycling c utting decks that provide an accept able cut may be used if written approval of Project Manager is obtained prior.
Contractor’s emplo yees shall take care to avoid o bstructions such as elec trical box es, signage, b uildings, vehicles, etc. Contra ctor shall be responsible for repair of damage caused by its mowing or other activities.
Contractor shall take g reat care around trees. Any trees which have more than fifty percent (50%) of the bark removed in a given three-inch (3”) area of trunk by weed whips or mowers shall be considered destroye d and shall be replaced at the Contract or’s expense w ith like species and size.
Mowing Height:
All turf, except Bermuda, must be mainta ined at a height range between three and one-half inches (3 ½ “) maximum and two and three fourths inches (2 ¾”) minimum.
Fescue height shall not exceed three and one half inches (3 ½”).
Common Bermuda must not exceed two inches (2”) in height.
Mowing shall be performed so that no more than one third (1/3) of the grass blade is removed per frequency in returning the grass to acceptable height for the species being mowed.
All turf areas shall be mowed (beginning on Monday) once per week on a preset day and route. Any changes to this schedule shall be approved in advance by the Project Manager.
During periods of heavy growth, more than one mowing per week may be required to maintain acceptable appearance.
All turf a reas shall be maintained at a level that will ensure a healthy, gr een color and uniform growth.
b. Broad Leaf and Noxious Weeds. These weeds shall be controlled on a continuous basis by chemical or manual method. Chemicals used for control shall b e registered for use on Fescue and Bermuda turfs. A Broadleaf an d Crabgrass pre -emergent her bicide shall be applied b etween mid -January and Mar ch and again b etween September and Mid - November of every year . Herbicides such as Dimension, Pendulum, or Barri cade are recommended during this application perio d. For post broadleaf weed cont rol Triplet , Trimec, or Triamin e will be applie d to co ntrol Br oadleaf and Cr abgrass weeds that are currently growing and weather conditions permit the application . Contractor wil l n otify the Project Manager of the application dates and provide a schedule of areas treated as completed.
c. Edging. All tu rf adja cent to improved surfa ces shall be edged a minimu m of once every mowing. Unimproved surfaces between turf and planter a reas and/or property lines shall be edged a minimum of once per month to maintain turf delineation.
String trimmers, a.k.a. weed eaters, shall not be used around trees.
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d. Clean-up. All surfaces shall be free of grass clippings and debris including turf, gutters, and street upon completion of mowing and edging operatio n. It is the res ponsibility of the Contractor to remove these items immediately and dispose of them appropriately.
e. Turf grass seeding . Turf grass seeding will be done on an as -needed basis when requested by Project Manager. This is consi dered additiona l work and wi ll be paid separately from this con tract. Contract or shal l provid e Project Mana ger a quote for work prior to work being started. When seed is used, areas shall be top-dressed with humus.
f. Renovation. Renovation will be done o n an as -needed basis when requested by Proj ect Manager. Project Manager will furnish square footage and loca tions for renovation This is considered additional work and will be paid separately from this contract. Contractor shall provide Project Manager a quote for work prior to work being started.
Turf renovation to remove accum ulated t hatch fr om all sites u nder this contract must be accomplished by power raking or dethatching rakes on turf (care sha ll be taken so turf is not damaged).
A schedule of eq uipment to be u sed by the contractor shall be submitted to the Project Manager for approval 10 days prior to beginning work.
Refuse generated by renovating shall be removed not later than the day followi ng th e operation.
g. Aerification. Aerification will be done on an as-needed basis when requested by Project Manager. This is considered additional work and will be paid separately fro m this contract.
Contractor shall provide Project Manager a quote for w ork p rior to work being started .
Contractor shall not perform work without Project Manager’s approval of quote.
Project manager will furnish square footage and locations for aerification.
8. Ground Cover Maintenance & Wall Covering of Ficus Pumila, and All Other Vines
a. All areas planted in ground covers shall be adequately irrigated to maintain vigorous growth.
b. Groundcover beds sha ll be periodically edged to keep them in th eir intended space.
Groundcovers shall not be allowed to encroach into sidewalks, lawns, shrub beds, or other areas deemed as undesirable by the Project Manager.
c. Groundcover p lantings shall be periodically thinn ed an d pruned for vigorous growth and overall appearance of the site.
d. Groundcovers in median and other Right of Way areas mu st be t rimmed below thirty (30) inches at road/asphalt level for sight clearances for traffic safety.
e. Wall covering of Ficus Pum ila and other vines, will b e trimmed back close to the wall and removed from trees and shrubs, and removed from planter areas as nee ded. Wall coverings shall not be allowed to grow over the top of the wall.
9. Hardscape Areas. All patios, curbs, gutters, pathways, sidewalks, and oth er hardscape ar eas (i.e.
Center median island points, roundabouts, etc.) adjacent to and part of the City owned property or Right of Way must be kept free of weeds, debris, leaves, grass clippings, etc. at all times to provide a safe and clean passage for users and to prevent slips and falls.
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All areas covered by the contract must be kept free of d ebris and potential safety hazards generated by but not limited to, leaves, grass clippings, pr uning, weeding, trimming, and other operations of the contractor, as well as glass, bottles, cans, trash , paper, and other yard waste. All trash and debris are to be immediately removed and disposed of at contractor’s expense.
Note: If a nd when using a b lower or other pow er equipment the City’s municipal code
8.36.050 Exterior n oise standard s--Mobile noise sources prohibition against use. It is unlawful to operate a ny of the below -listed devices, appliances, e quipment, or ve hicles on p ublic or private property abutting noise sensitive l and uses between the weekday hours of seven p.m. and six a.m., and between the weekend hours of seven p.m. and nine a.m.
a. Power-assisted leaf blowers, lawn mowers, edger’s, or ot her power equip ment used for the maintenance of property;
b. Vehicle equipment, which equipment is not expressly regulated by state or federal statute, such as car radios or sound amplification equipment which is audible more than twenty-five (25) feet from the exterior of vehicle;
c. Construction equipment including jackhammers, portable generators, pneumatic equipment, trenchers, or other such equipment, except for emergency repair purposes as provided in Section 8.36.070.
Refer to Exhibits D-1 and D-2 for square footages and locations.
C. IIMMPPOORRTTAANNTT NNOOTTIICCEE
The City of Visalia will n ot be responsi ble fo r oral in terpretations given by any City employee, representative, or others . B idders are cautioned that any statements made that mat erially change any portion of t he bid d ocuments shall not be relied upo n u nless subsequently r atified by a formal wr itten amendment to the bid document. The issuance of a wri tten adde ndum is the on ly o fficial method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Invitation to Bid, the City will attempt to not ify all p rospective v endors who have secured same.
However, it will be the responsibility of each vendor, prior to submitting the com petitive bid, to contact the Purchasing Division, 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addenda were issued and to make such addenda a part of the competitive bid.
D. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS (DIR) REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
This contract is considered a public works maintenance contract and therefore, subject to DIR monitoring.
All contractors and subcontractors bidding and performing work on Publi c Wo rks Project s m ust be currently registered with the California Department o f Industrial R elations. Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after will be rejected as non-responsive.
A contractor or subcontractor shall not be qualified t o bid on, be li sted in a bid propos al, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform p ublic work pursuant to Section 1725 .5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Busi ness and Profe ssions Code or by Section 10164 or 117
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20103.5 of the Public Contract Cod e, p rovided the contractor is regis tered to perform public wo rk pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “proj ect labor agre ement” is defined in P ublic Contract Code 2500(b) ( 1) as a pre -hire c ollective barga ining agreement that establishes ter ms an d con ditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract C ode section 2500( a). City of V isalia has no ordinances requ iring or prohibiting such agreements.
The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the pu blic works contract for thi s project and therefore, the C LC contract language requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform an y public work f or the City of Visal ia. Pro of of re gistration for each contrac tor and subcontractor listed on the bid is required.
❑ As set forth i s CLC section 1771.4 (a)(1 ), notice is gi ven that this pr oject is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.
❑ As set forth in CLC section 1771.4(a) (2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace po stings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .
❑ The co ntractor and each sub contractor shal l maintain all p roject records required under CLC for public works p rojects and pre serve them for a min imum 3-year peri od to begin o n the date a N otice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
❑ In accordance with CLC s ection 1773.2, the contractor is required , by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing r ate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.
❑ In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;
o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each we ekly payroll as specified in section 1776 containing a st atement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury.
o Make available or provide a certified cop y of these pay roll records an d their supporting documentation with in 10 days to a ll authorized p arties upon writ ten re quest and be subject to penalties for non-compliance as detailed in labor code section 1776.
o Inform t he Ci ty of Visalia of the lo cation o f the payroll records kept in compliance with labor cod e section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
❑ The City of Visalia will comply with an y prevai ling wag e monitoring and enforcemen t activities required by the labor complian ce programs of the Departm ent o f Indu strial Relation s including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). 118
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❑ As set forth in labor code s ection 1775(b), the follow ing subcontractor provisions shall be included in any contract executed between the contractor and a subcontr actor for performance of work on th is public work project:
o As s et forth in CL C section 1775 (b)(1), any co ntract executed between a contractor and a subcontractor for the pe rformance of wo rk on a City of Visalia public works project shall include a copy of the provisions of Labor Code secti ons 1771 , 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set fort h in CLC sectio n 1776, the subc ontractor shall maintain and furnish directly to the Labor Commissioner, bi -weekly, a c ertified copy of each weekly payroll as spe cified in sect ion 1776 containing a stateme nt of compliance with labo r code sections 1771, 1776 , 1811, and 1815, signed under penalty of perjury.
o As set forth in CLC section 177 5(b)(2), the co ntractor shall monit or the p ayment o f the specified general prevailing rate of per diem wag es by the subco ntractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775( b) (3), upon becoming aware of the failure of the s ubcontractor to pay his or her wo rkers th e specified pr evailing rate o f wages, the contractor sh all d iligently take corrective action to halt or rectify the failure, including, but not limited to, retainin g sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 177 5(b) (4), prior to making final payment to the subco ntractor for wo rk performed on the public works project, the contractor shall obtai n an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her e mployees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC sectio n 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in trainin g unde r apprenticeship standards approved by the Div ision of Apprenticeship Standards ( DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
❑ Unless exempted under CLC secti on 177 7.5(j), a contractor working on a public works contract of $30,000 or more shall employ t he numbe r of apprentices or the rat io of apprentices to journey men stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
❑ The prime contractor is responsible for c ompliance with the requirements of CLC sect ion 1777.5 for all apprenticable occupations employ ed on the contr act. As stated i n 1777 .5 (o), the apprenticeship requirement does not apply to contracts of general con tractors or to contracts of specialty contractors not bidding for work through a gener al or prime contractor whe n the contr act is less th an thirty thous and dollars ($30,000).
❑ As stated in section 1777.7(e), the prime co ntractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public wor ks project shall include a copy of t he provisions of section 1771, 1775, 1776, 1777.5, 119
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1813, and 1815. These labor code s ections must be included w ithin or as attachments to the contract.
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
o Upon becoming aware of a failure of the subcontrac tor to employ the required number of apprentices, the co ntractor shall take cor rective action , including, b ut not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcon tractor for work performed on the public wo rks project, the contractor shall obtain a declaration signed under p enalty of p erjury from th e subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
❑ The prime contractor i s requ ired to provide a signed affida vit declaring their complianc e with California Labor Co de s ections 1771 (prevail ing wage) and 1 777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.
Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
❑ As set fort h in CLC section 1773, the City of V isalia s hall obtain the ge neral prevailing rate of per diem wages and t he general prev ailing rate for holiday an d overtime work in the lo cality in which the public work is to be performed for each craft, classification, or typ e of worke r needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage fo r all apprenticable trades. In accorda nce with labor code section 1773.2, this information is to be includ ed in the contract itself.
10 days b efore th e clos ing d ate of the bid, the proj ect ma nager wi ll review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. Gen eral prevailing wage determinations m ade by t he director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp
EE.. CCIITTYY OOFF VVIISSAALLIIAA LLAABBOORR CCOOMMPPLLIIAANNCCEE MMAANNUUAALL Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into This RFB and subsequent contract by reference and available at visaliapurchasing.org. Executed contract will include a hard copy of this document.
VVII.. GGEENNEERRAALL CCOONNDDIITTIIOONNSS
AA.. CCOONNTTRRAACCTTIINNGG AAGGEENNCCYY
The contract res ulting from this Invitati on t o Bid will be administered by the City of Visalia Parks Maintenance Department. However, the City Purchasing Di vision shall be the f inal j udge co ncerning issues or matters related to contrac t interpretation or problems regarding the terms, conditions, or scope of the contract.
BB.. TTEERRMM OOFF CCOONNTTRRAACCTT
The initial contract term shall be for a t welve (12) month period and shall, at the City’s option and with the consent of the CONTRA CTOR, be extended annually thereafter for four ( 4) con secutive one-year 120
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periods. Contract sh all begin on the first of the m onth, of the mon th immediately following t he written Notice to Proceed and as scheduled between City Project Manager and Contractor.
CC.. PPRRIICCIINNGG
All pric es quo ted in re sponse to this Invita tion to Bid sha ll be firm and fixed for t welve ( 12) months from the an nual anniversary date of the agr eement. In order to protect the interests of the City and to give the ve ndor a reasonable basis for bidding, a price adjustment feat ure is hereby incorporated into the specifications. Prices bi d by vendor may be adjusted a nnually at time of contract renewal and up on mutual agreement of the p arties to the contract to al low for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The req uest f or price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the an nual anniversary date of the agreement. Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of L abor C onsumer Price Index (CPI) f or all Urban Consumers (CPI-U All Citi es Average). The contract unit pri ces may be ch anged in an amount equal to the pe rcentage of movement for the twelv e-month period end ing in the month of June of each contract year. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the un it bid price shall not be retroactive and shall apply only to changes incurred after approval.
DD.. AAPPPPRROOXXIIMMAATTEE EESSTTIIMMAATTEE
The quantities given on the bid proposal form and in the contract documents are approximate only, being given as a basis for comparison of bids, and the C ity of Visalia do es n ot, ex pressly or by implication, agree th at the actual amount of work will c orrespond therewith, but reserves th e right to increase or decrease the amo unt of any cla ss or portion of work, or to omit portions of the work, as th e City ma y deem necessary or advisable, at the prices bid.
EE.. EEXXAAMMIINNAATTIIOONN OOFF SSPPEECCIIFFIICCAATTIIOONNSS AANNDD SSIITTEE OOFF WWOORRKK Bidders shall satisfy themselves by personal examination of the work site(s), specifications, other contract documents, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. The submission of a bid shall be conclusive evidence that the bidder has investigated, and is satisfied as to the c onditions encountered, as to the character, quality and quantities of work to be performed and the materials to be furnished, and as to the requirements of the proposal and the City.
If the bidder receives an award as a result of this bid submission, failure to have made such investigations and examinations will in no way relieve the bidder from its obligatio ns to comply in every detail with all provisions and requirements of the contract do cuments, nor w ill a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the bidder for additional compensation.
Any errors, omissions, or discrepancies found in the contract documents shall be called to the attention of the City and clarified prior to the submission of bids.
Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the bid.
FF.. DDIISSCCRREEPPAANNCCIIEESS AANNDD MMIISSUUNNDDEERRSSTTAANNDDIINNGGSS No bidder shall, at any time af ter the submission of a proposal, m ake a claim or assertion that there was any misunderstanding or lack of information regarding the nature or the amount of work necessary for the satisfactory completion of the job. Any errors, omissions , or discrepancies found in the project manual or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals or proceeding with the described work. The contractor shall be liable for any resultant damage 121
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where he recognized such error, inconsiste ncy, or omission and knowingly failed to report it to th e City.
The contractor will bear no liability for any errors that he discovers and reports to the City.
The bid documents (including all attachments and addenda) , Bidder’s respon se to RFB , contract , and purchase order shall constitute the full contract for this project. Should the contractor feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to the submission of a proposal. Verbal information obtained otherwise will not be considered in awarding of bids.
GG.. BBIIDD FFOORRMMSS
The City has furnished to each bidder a standard bid form, which , when filled out and executed, may be submitted as his bid. Bids not presented on forms so furnished will be disregarded.
All bids shall give the prices proposed in the spaces provided and shall be signed by the bidder who shall fill out all blanks in the bid form as therein required. No telegraphic bids will be considered.
All bids shall be submitted in a sealed cov er and plainly m arked a s a b id and i dentifying the project to which the bid relates and the date of the bid opening therefore. Bids that are not properly marked may be disr egarded. Bids may be rejected if the y show any alteratio n of fo rm, addi tions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind.
When bids are signed by an agent, other than the o fficer or officers of a corporation authorized to sign contracts on its behalf, or a member of a partnership, a “Power of Attorney” must be on file with the City of Visalia prior to openin g bids or shall be submitte d with the bid; otherwise, the bid will b e rej ected as irregular and unauthorized.
HH.. WWIITTHHDDRRAAWWAALL OOFF BBIIDDSS
Any bid may be withdrawn at an y time prior to the time fixed in the publ ic notice for the opening of bids, only by written request for the withdrawal of the bid filed with the Purchasing Manager . The request shall be executed by the b idder or his dul y au thorized re presentative. The w ithdrawal of a bid does no t prejudice the right of the bidder to file a new bid. No bi d may be withdrawn after the time fi xed in the public notice for the opening of bids.
II.. DDIISSQQUUAALLIIFFIICCAATTIIOONN OOFF BBIIDDDDEERRSS Only one bid may be submitted as a “prime contractor” for the same wo rk by any f irm, individual, partnership, corporation, or combination thereof. A contractor submitting a bid as a prime contractor may not also submi t sub-bids to other c ompeting prime contractors. Reasona ble grounds for believing that any individual, fir m, partnership, corporation, or combination the reof i s interested in mor e than on e proposal for the work contemplated will cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A contractor who is not submitting a bid as a prime contractor may submit any number of sub-bids to competing prime contractors.
JJ.. OOPPEENNIINNGG OOFF BBIIDDSS
Bids will be publicly opened at the time, date and place in dicated in the Notice Inviting Seal ed Bids .
Bidders or their authorized agents are invited to be present. Bidders name, location and bid amount wil l be read a loud. A bid summary will be pr epared at that time. No other information wil l be provided until after bids have be en fully examined an d accepted. No bids will be received, n or considered, after the time fixed for receiving them. Late bids will be returned unopened to the sender.
KK.. IINNCCUURRRRIINNGG CCOOSSTTSS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Invitation to Bid.
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VVIIII.. PPRROOTTEESSTTSS//AAPPPPEEAALLSS
Because it is e ssential that bidders have c onfidence in the proc urement procedures for soliciting and awarding contracts, it i s the policy of the City to offe r bidders the opportun ity to appeal award of contracts.
The following procedures shall apply in regard to appeals:
1. Any actual bidder who is aggrieved in connection with this RF B or award of a contract hereunder may protest to t he City of Visalia Purch asing D ivision in writ ing w ithin five (5) wor king days aft er such aggrieved bidder knows, should have reasonably known, or could reasonably be expected to know, of the facts giving rise thereto; and
2. Should identify onl y the ar eas regarding big contra dictions, procurement errors, quotation ratin g discrepancies, legality of procurement context, conflict of interest in t he rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to bidder in writing within five (5) working days of receipt of the appeal unless the bidder is notified more time is required.
4. Further levels of appea l may be made in accor d with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
VVIIIIII.. AAWWAARRDD AANNDD EEXXEECCUUTTIIOONN OOFF CCOONNTTRRAACCTT
A. EVALUATION AND AWARD OF CONTRACT
The City of Visalia reserves the right to reject any or a ll bids; to waive any irr egularities or informalities in any bid or the bidding process.
The City may ma ke such investi gation as it deems n ecessary to dete rmine the ability of a pro poser to furnish the required servi ces, and the bidder will furnish to the City all such information and data for this purpose as the City may request. The City reserves the righ t to reject any bid if the evidence submitted by or investigation of such p roposer fails to satisfy the City tha t such bidder is properly quali fied to carry out the obligati ons of a contrac t and to deliv er the servi ces co ntemplated h erein. The City expres sly reserves the right to re ject the bid of any bidder w ho is in d efault on the payment of taxes, li censes or other money due to the City of Visalia.
The award, if m ade, will be made within ninety (90) days from bi d closing date. Bidder agrees and so stipulates in submitting this bid, as though stated therein, and in any subsequent award of contract that:
1. Contractor is an independent contractor, not an employee, administrator, or officer of the City.
2. Contract, sh ould i t be awarded, shall be interpreted, construed, and given effec t i n all respects according to the laws of the State of California.
3. Should contractor be awarded contract, contractor sh all not assign contract, or any part thereof, or any monies due or to become due thereunder, without prior consent of the City.
4. Contractor shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all clai ms, dam ages, losse s, and expenses caused in whole or in part by any negligent act or o mission of the contrac tor, its consul tants, subco ntractors, anyone directly or indirectly employed by any of them, or anyon e for wh ose acts any of th em may be liable, exc ept where caused by the active negligence, sole negligence, or willful misconduct by the City.
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5. Contractor shall hold the City harmless from liabil ity of any nature or ki nd, including cost and expenses for in fringement or use of any copyri ghted c omposition, secret process, patent ed or unpatented invention, article or appliance furnished or used in connection with the contract.
Contractor warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For brea ch or vi olation of this warranty, the C ity sha ll have the right to t erminate the contract, either in whole or in part, and any loss or damage sustained by the City in procuring on open market, any items which the contractor ag reed to supply, shall be borne and pai d for by t he contractor. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any oth er rights and remedies provided by law or under the cont ract. Contract shall b e in the form of a Ci ty of Visa lia Purchase Order and attachments of the bid documents, all add enda that were i ssued, the Con tractor’s bi d in r esponse to th e RFB document, along with Contractor’s Performance Bond and Certificate of Insurance.
6. Contractor i s to sign a notice of a cceptance ( NOA) withi n 30 days of notice to award contract.
Contractor will have those 30 days to review the contracted areas prior to signing the (NOA) notice of acceptance. Failure to sign (NOA) will result in forfeiture of contract.
B. BASIS OF BID AWARD
Award of bid(s) sha ll be made to the lowest b idder, whose bid is deemed both res ponsive and responsible and meets the specifications and qualifications listed in bid document.
C. REFERENCES
Where indicated on Bid Fo rms, Bidder shall include a list of three (3) accounts, complete with locations, that have been maintained for at least three (3) years, and that are similar in size and characteristics to those listed in these contract documents.
D. COOPERATIVE AGREEMENTS
All California agencies may purchase off of this agreement a t the sa me prices, te rms, conditions and specifications. Each agreement between a public agency and the successful contractor shall be found to be a separate and distinct legal and binding obligation of the successful contr actor. The City of Visalia shall incur no responsibility in connection with purchase or agreement between another agency and the contractor.
It shall be the su ccessful contractor’s responsibility to inform potential public agencies of this cooperative requirements contract.
E. CONTRACT BONDS
Required Bonds : The Awarded Bidder will be r equired to provide t o the City of Visalia with a “Performance Bond” in the amou nt of 100% of t he contract amount within ten (10) working days of the date of the “Notice of Award”.
The Performance bond s hall remain in force for the duration of the cont ract. It shall be updated annually and as needed during the contract year due to a dditions/deletions to the contract. According to City standard the surety company must be a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.
F. FAILURE TO EXECUTE CONTRACT
Failure of the lowest respo nsible bidder, the second lowest responsible or third low est responsible bidder to file acceptable bonds and meet with the project manager as provided herein within ten (10) days, not including weekends and legal ho lidays, after such bidder has received no tice that the c ontract has been awarded to him may be just cause for the annulment of award.
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IIXX.. CCOONNTTRROOLL OOFF WWOORRKK
A. CITY-CONTRACTOR RELATIONS
Project Manager’s Responsibility and Authority. All work shall be done un der the general supervision of the p roject manager or his designee(s). The contractor shall b ear all respon sibility for, and have all control over, in accordance with the bid specifica tions, the means, methods, techniques, sequences and procedures of the work and safety precautions or program s, and th e project m anager shall not ha ve control over, nor bear responsibility for same. Nor will the project manager have control over nor bear responsibility for the acts or omissions of the contractor, sub-contractors, their agents, or employees, or for failure of any of these to carry out the work in accordan ce with th e contract documents. The project manager has the right t o r eject work that does n ot c onform t o the contrac t documents. The project manager shall decide any and all questions which may arise as to the qua lity and acceptability of work performed, rate of progress of work, and all questions as to the acceptable fulfillment of the C ontract on the part of the contractor.
Project Manager’s Decisions. All claims of th e contractor shall be p resented to the project manager for decision that shall be made in writing within a reasonable time. All de cisions of the project manager shall be final except in case which tim e and/or financial considerations are in volved, which may be subject to rulings from the City Attorney.
Suspension of Work. The project manager shall have the authority to suspend the work, wholly or in part, for such period or periods as he may deem necessary, due to unsuitable weather or other such conditions as are considered u nfavorable for the prosecution of work, or failure on the pa rt of the contractor to carry out the provisions of the contract. T he contractor shall not s uspend o peration without the project manager’s permission.
Subcontracts. As specified by the contract documents the contractor shall submit in writing to the City the names of the subcontractors proposed for t he work. The contractor is responsible to the City for the acts and omissions of his subcontractors, and of their direct and indirect employees, to the same extent, as he is responsible for the acts and omis sions of h is employees. The contract documents shall n ot be construed as creating any contractual re lationship betwee n any subc ontractor and the City. The contractor shall bind every subcontractor by the terms of the contract documents.
Oral Agreements. No oral order, objections, claim or notice by any party to the other shall affect or modify any of the terms or obli gations contained in any of the contract documents and none of the provisions of the contract documents shall be held to be waived or modi fied by re ason of any act whatsoever, other than by a definitely agreed waiver, or modification thereof, in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification.
B. CARE OF EXISTING STRUCTURES
The contractor shal l be liabl e for all damage done to any structure arising thr ough his operations. He shall take care of and maintain all retaining walls, sewers, water service, drains, and culverts encountered in the performance of the work. The contractor shall repair all damage done to any of the said structures through his acts or neglect and shall keep them in repair during the life of the contract. He shall in all cases leave them in as good condition as they were prior to the commencement of the work.
Care shall b e taken no t to move, without the consent of the City Engineer, any sewers, drains, culv erts water service, pipes, poles or other structures.
C. EXISTING UTILITIES
Contractor’s attention is directed to the po ssible exis tence o f utility se rvices and other unde rground improvements. All reasonable precaution s shall be t aken to preserves and prote ct any such improvements. The contractor shall n otify the project mana ger and Underground Service Alert companies of proposed locations and times for any and all excavations.
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1. Prevention. Contractor shall be re sponsible for locating and preventing d amage to known utilities.
The contractor shall notify the owners of al l utilities and substructures not less than forty-eight (48) hours prior to working in the vicinity of any such facility. In addition, the contractor shall request that the owners’ pot hole o r ot herwise expose all no n-City own ed h igh-risk unde rground facil ities. If damage occurs to a known ut ility, the contractor shall repair util ity at no additional expense to the City of Visalia.
2. Damage. If damage occurs to an unknown utility, the contractor shall repair the utility. An equitable adjustment will be made in accordance with work performe d. Contractor is to furnish written quotation prior to commencement of work.
3. Connections. The contractor shall not make co nnection to, or dra w water fr om, any hydrant or pipeline without first obtaining permission of the public or private authorities having jurisdiction over the use of sa id fire hydrant or pi peline, and from the private or public agency ow ning the affected water system. For each such connection made, the contractor shall first attach to the fire hydrant, or pipeline, a valve and a me ter, if r equired by said au thority, of a size and type accep table to s aid authorities and agency. The contractor will be granted privilege to draw water from an authorized point of connection as needed for proper execution of said contract.
D. LABOR
The contractor must provide sufficient supervisory and working personnel to accomplish all work included in this co ntract satisfactorily and on schedule. All p ersonnel are to be physic ally able to p erform their work. Only workmen thoroughly familiar with their line of work will be employed on the job. Any overseer, superintendent, laborer, or other person employed o n the work by the contractor, who shall perform his work in a manner contrary to these specifications, or refuses to carry out the orders of the owner, shall be discharged immediately, and such persons shall not again be employed on the work.
Qualifications of Employees
1. Ensure that employees are physically qualified to perform their assigned duties in a safe manner.
2. The contractor and all emp loyees shall conduct themselves in a proper and efficient ma nner so as to cause the least annoyance to the p ublic. The project manager may require the contractor to remove any careless, incompetent, or objectionable employees whose continued presence is judged to be not in the City’s best interest.
3. Do not allo w employee s to work whose ability or alertness i s impaired b ecause o f d rugs, fatigue, illness, intoxication, or other conditions that may predispose them to injury.
4. Operators of vehicles and e quipment shall be ab le to u nderstand si gns, signals, and ope rating instructions, and be capable of operating such e quipment. Contractor shall prov ide op erating instructions for all equipment. Newly hired employees shall be individually tested by an exper ienced operator or s upervisor to determ ine if they are capab le of safely and efficiently operating equipment .
All operators of vehicles and equipment shall be properly licensed and shall operate vehicles used in the performance of the contract in a safe and prudent manner.
E. USE OF CITY PERSONNEL AND EQUIPMENT
City of Visal ia shall not furnish personnel to assi st the contractor in performance of the contract. The contractor understands th at a ny o ffers of assistance by City Personnel are unauthorized and t he contractor shall not accept such offers.
City of Visalia shall not furnish any equipment to assist the contractor in performance of the contract except for Toro Sentinel irrigation controller remotes and keys needed for landscape maintenance. If the remote and keys need to returned before the final day of the contract or the last months payment will be withheld and or amount for replacements deducted.
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Contractor understands that any o ffers by City of Visalia Perso nnel to use City e quipment for loading , processing, and disposal of the property are unauthorized and the contractor shall not accept such offers.
Contractor shall be billed f or City perso nnel labor, equipment, and materials whe never City forc es ar e called upon to r epair damage caused by the contractor in the performance of work associated with this contract.
F. MATERIALS
Contractor shall f urnish and use, at his ow n ex pense, a ll materials, labor, to ols, equipment an d transportation n ecessary t o pro vide contractual Landscape Maintenance for the areas iden tified in this RFB.
All vehicl es utilized to carry out contracted work for the C ity shall b e i n compliance with t he S tate of California emission inspection program.
XX.. MMEEAASSUURREEMMEENNTT AANNDD PPAAYYMMEENNTT
A. BILLING AND PAYMENTS
Contractor i s fully res ponsible for assuri ng that all services a rising fro m the agreement are billed the correct and applicable contract rate. The co ntractor is required to establis h and maintain a process to monitor its billing practices and will refund all over-charges that m ay occur. The City will routinely audit bills generated.
In connection with any cash disco unt offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For th e purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.
B. MEASUREMENT AND PAYMENT
The contractor will b e paid monthly in arrears for work satisfactorily performed under this contr act. After completed work has b een inspected and approved, payment will be made in no more t han thirty (30) working days.
Contractor’s monthly invoice must include:
o A signed Landscape Inspection sheet,
o signed monthly meeting sheet,
o signed irrigation schedule,
o a signed chemical usage report sheet, and
o a proposed chemical application sheet
C. CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS
The City may withhold a sufficient amount of any payment otherwise due to the contractor to cover:
• Payments that may be past du e and payable for j ust claims for labo r or mat erials furn ished in and about the performance of the work und er this contr act and as a result of contractor ’s failure to properly make payments to its subcontractors or suppliers.
• Claims filed or reasonable evidence indicating t he probable filing of claims. The City shall disburse and shall have the right t o act as agent for the contractor in disbursing su ch funds as ha ve been withheld pursuant to this subsection, to the party or parties who are entitled to pa yment therefrom.
The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor.
• Work required in the specific ations which is not performed or is incomplete or for defective work not remedied.
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• When Contractor is out of c ompliance with the requirements of the maintenance agreement, an appropriate downward adjustment in contractor ’s payment shall be ma de. Downward adjustments will be made for incomplete and /or unsatisfactory work or non -performance based on a percentage of the estimated cost to the City for each area maintained by the Contractor. See tables below which list the cost adjustment percentage. The Area Cost Estimate u sed by the City will be the square footage descriptions contained in Exhibit D-2 (or as that d ocument is amended if additional areas are added during the term of the Agreement ) and then adjusted based on the Unit Price provided by the successful bidder.
Areas with Planters and Turf:
Area Cost Estimate Trash/Debris Turf Planters Trees Irrigation Utilities Clear 5% 25% 20% 25% 15% 5%
Areas with only Planters:
Area Cost Estimate Trash/Debris Planters Trees Irrigation Utilities Clear 5% 50% 25% 15% 5%
• If an inspection by City indicates an area is out of compliance, the City shall:
o Notify the Contractor in wr iting of the area that the inspection showed w as i ncomplete or unsatisfactory,
o Describe the reason why the inspection listed the area as incomplete or unsatisfactory, o List the amount that the City will withhold if the area is not brought into compliance, and o List a date that re-inspection by the City shall occur.
• If the area is not brought into compliance by the re-inspection date or the matter otherwise resolved, the City shall withhold the stated amount for the incomplete and/or unsatisfactory work from the next payment processed by the City.
• If the corrections are not made by the Contractor, the City may, in the sole discretion of the City, have the out of compliance area brought into compliance by Ci ty forces or by a third party and charge the expense to the Contractor in lieu of a payment adjustment.
• The City reserves the right to ass ess a $100 liquidated damage assessment per incident over and above the c ost to correct the unsatisfactory condition for failure to perform any part o f the work covered in this contract. Because it is difficult to estimate the potential costs to the City in responding to resident complaints over such conditions, $100 is set as a reasonable estimate of potential costs to the City in responding to a failure by the Contractor.
D. EXTRA WORK
The contractor shall do no ext ra work except upon written order from the City. For such extra work the contractor shall receive payment as agreed upon in writing. The contractor shall furnish the project manager with report sheets i n dup licate for each day’s ex tra w ork no later than the w orking day following the performance of said work. After comparison with the project manager’s records, any necessary adjustments shall be made. The reports shall be signed by both parties before they become a basis of payment for the work performed. Payment for extra work shall be made at the unit price or lump sum previously agreed upon by the contractor and the project manager.
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XXII.. LLEEGGAALL RREESSPPOONNSSIIBBIILLIITTIIEESS && SSPPEECCIIAALL PPRROOVVIISSIIOONNSS
A. ASSIGNMENT
No assignment by the vendor of the contract or any part hereof, or of funds to be received thereunder, will be binding upon the C ity unless such assi gnment had prior written approval and consent of t he City. In the event the City gives such consent, the terms an d conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet, or transferred.
B. TERMINATION OF CONTRACT
1. This contract may be te rminated with out cause by the City, in whole or in part, by giving the contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
2. If Contractor determines that termination is in the best interest of the Contractor, this contract may be terminated by giving the City sixty (60) days written notice of intent to terminate.
3. If the contractor shall fail to pr ovide services or pe rform unsatisfactorily the work requir ed by the terms and condition s of the contract, or materially breaches any o f its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) cale ndar days after the d ate of m ailing said terminati on notice. Termination for cause may result in a contractor being considered a non-responsible bidder in future bids for services under the City of Visalia Purchasing Policy and Procedures.
4. Any assignme nt, subletting, or tr ansfer of the interest of the contractor, either in whole or in part, without the written consent of the Ci ty sh all be c ause for t he City to immediately terminate the agreement for default.
5. Notwithstanding any other p rovisions of this agreement, this agre ement may be terminated by th e City upon a single violation of this agreement.
6. In the event of termination, Contractor shall be e ntitled only to payment for work perf ormed to date, less any costs p aid by the City to b ring areas contractor was terminated f rom back up t o standards deemed acceptable by the Project Manager.
C. RIGHTS AND REMEDIES OF CITY FOR DEFAULT
In t he c ase of default by c ontractor, and at the option of the City, the City may procure landscape maintenance service from another source, or sources, and may recover the loss occasioned thereby from any unpaid balance due the contractor. The prices pa id by the City shall be considered the prevailing market price at the time service is delivered.
D. PERMITS AND LICENSES
Possession of a City of Visalia Business Tax Certificate is not required to submit a bid in response to th is invitation. However, contra ctor, and all subcontractors, s hall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commenc ing work. Fee i s based on gross receipts for all business tran sactions in the City of Visalia . Fo r additional infor mation, contact the City of Visalia at (559) 713-4326. No payment on the contract will be made until such license is obtained. Contractor must possess all required State, Federal, and local licenses as it pertains to the scope of work of this RFB. Awarded Bidder must hold:
o A C-27 Landscape Contractor’s License,
o A Pesticide Applicator’s License (QAL category “B”), and o A valid Maintenance Gardener Pest Control Business License. o A valid Department of Industrial Relations (DIR) Registration Number (as mentioned previously) o A valid City of Visalia Business Tax Certificate (as mentioned in Section E)
o Awarded Bidder must also obtain a valid City issued encroachment permit to work in City Right of Way
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E. EQUAL EMPLOYMENT OPPORTUNITY
Attention of the bidder is parti cularly called to the requiremen t for ensuring tha t employees, and applicants for e mployment, are n ot dis criminated against b ecause of their race, color, n ational origin, ancestry, religion, physical or mental disability, marital status, political affiliation, or gender. Such affirmative action shall inc lude, but not be limit ed to, the employment, upgr ading, demotion or transfer , recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for train ing, including apprenticeship. It i s understood and agreed that the contractor shall comply with all requirements, when ap plicable, of the C alifornia Fair Employment Pract ices Commission and provisions, when a pplicable, of all Federal, State of California , County of Tulare and City o f Visalia laws and ordinances, in performance of fulfilling this agreement.
F. ETHICS IN PUBLIC CONTRACTING
Each offeror, by submitting a proposa l, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the offeror certifies that its proposal was made with out fraud; that it has not offered or received an y kickbacks or ind ucements from any other offeror in connection with the offer; and that it has not conferred on any public employee, public member or pu blic offici al hav ing respon sibility for this procureme nt transaction, an y paym ent, loan, subscription, advance, deposit o f money, services, or anything of more than nominal value. The of feror further certifies that no relationship exists between itself and the City or another perso n or organization that interferes with fair c ompetition or constitutes a con flict of interest with respect to a co ntract with the City of Visalia.
G. DISCLOSURE OF INDEPENDENCE AND RELATIONSHIP
Prior to the award of any contract, t he potenti al cont ractor may be re quired to certify in writing to the Purchasing Manager that no relationship e xists between the contractor and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.
H. PREVAILING WAGES & LABOR LAWS
Consultant must comply wit h State and Fe deral Regulations that appl y to this contract, including Prevailing Wage requirements as applicable. Pursuant to Sections 1770, et. seq., of the California Labor Code, the selected firm will be r equired to pa y not less than the prevailing w age of per die m wages as determined by the Director of the California Department of Industrial Relations.
Labor Laws. The contractor, and all subcontractors, suppliers, and contractors, shall comply with all City, State and Federal orders regarding affirmative actio n to ensure equal employment opportunities and fair employment practices. Contractor shall also adhere to t he requirements of State Labor Code Sections 1810 an d 181 5 pertai ning to wo rking hour s an d overtime ra tes of pay. The contractor or any subcontractor performing work or subcontracting to do any of the work contemplated by this contract shall comply with e xisting Labor Codes rega rding empl oy of a liens excep t und er extraordinary emergencies (Section 1851.5, 1850 to 1854).
I. INSURANCE AND INDEMNIFICATION
Contractor agrees to indem nify, defend, and hold harmless the City of Visa lia, its elected and appointed officers, agent s, employees, represe ntatives, and volu nteers from and agains t any and all c laims, demands, defense costs, liability, or consequential damages of any ki nd or natu re arising out of or in connection w ith contractors (or contracto rs subcontractor s, if any) pe rformance o r failure to perf orm, under the terms of this contract; except to the extent those which arise out of the negligence of the City of Visalia.
Without limiting the City of Visalia’s right to indemnification, it is agr eed that contractor shall secure prior to commencing any activities under this contract, and maintain during the term of the contract, insurance coverage as follows:
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2. Commercial general l iability insurance with a com bined single limit of not less than One Million Dollars ($1,0 00,000) per occ urrence. Suc h insurance shall include coverage for Premises and Operations, Contractual Liability, Pers onal Injury Liabil ity, Product s and Completed O perations Liabi lity, Broad F orm Property Damage ( if applicable), Independent Contractor’s Liability (if applicable).
3. Comprehensive Automobile Liability coverage wi th a combined single limit of not less that One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned , hired, and non -owned a utomobiles and s hall be provide d by a busines s automobile policy.
Each insurance policy required by this contract shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after th irty (30) days prior w ritten notice h as been given to the Purchasing Department, City of Visalia, 707 W. Acequia, Visalia, CA 93291.”
In addition, the commerc ial general liability and com prehensive auto mobile liabil ity policies required by this contract shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in exc ess of and not contribute with insura nce provided by this policy.”
“The City of Visalia, its officers, ag ents, emp loyees, representatives and volunteers a re ad ded as add itional insure ds as respects operations and activities of, o r on behalf of th e named i nsured, performed under this contract with the City of Visalia.”
J. PUBLIC CONVENIENCE AND SAFETY
The contractor shall at all times so conduct his work as to insure the protection of persons and property in a manner satisfactory to the City. The contractor agrees that he shall maintain the work site and adjacent areas thereto, including all rights-of-way, in a reasonable, secure, and safe manner during the course of work.
Traffic and Ac cess. The contractor shall at all times so co nduct his work as to insure the least possible obstruction to traffic, vehicular and pedestrian, and inconvenience to the general public and the residents in the vicinity. The contractor shall notify the occupants of all affected properties at least forty -eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as perm itted by the owner. When working in City Right o f Way, the Cont ractor shall comply with the California Department of Transp ortation, Manual of Unif orm Traffic C ontrol D evices that specifies safety procedures that protect the Contractor’s employees and the driving public.
Street Closures and Detours . Street closures will not be a llowed except as specifically permitted by the City and the pro per gov ernmental aut hority. The contractor shall prepare any traffic contr ol or detour plans that may be required as directed by the City of Visalia.
K. SAFETY ORDERS
The contractor shall comply with the provisions of any ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection. Fire hydrants on or adjacent to the work shall be kept accessible to firefighting equipment at all times.
Contractor shall agree that all material de livered and service s ren dered under thi s bid co mplies, as applicable, with th e Occupational Sa fety and He alth Act of 197 0 (or latest r evisions), including all 131
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applicable amendments t hereof, the State of California Industrial Safety Act , and regulations iss ued thereunder and the Williams-Steiger Federal Occupational Safe ty and Healt h Act, and certif ies that al l items furnished under this bid will conform and comply with the indemnification and hold harmless clause for all damages assessed against Buyer as a result of contractor’s failure to compl y with the Act and the standards issued thereunder and for the failure of the items furnished under this Order to so comply. This guarantee is in addition to, and not intended as a limitation on, any other warranty, expressed or implied.
In case of confl icts between Federal, State, and local safety and health requirements, the most stringent shall apply. Failure to comply with the requirements of this sectio n and related s ections may result in suspension of work.
L. HAZARDOUS WASTE
Contractor shall notify the project manager immediately if any hazardous materials are found on site.
M. DUST ABATEMENT
The contractor shall furni sh all labor, equipmen t, and means re quired and shal l carry out effective measures wherever and as often as necessary to prevent his op eration from producing dust in amounts damaging to property, cultivated vegetation, or domestic animals or causing a nuisance to persons living or occupying buildings in the vicinity. The contractor shall be responsi ble for any damage resulting from any d ust orig inating from his o perations. The dust abatemen t measures shall be continued u ntil the contractor is rel ieved of further responsibility by th e project manager. No s eparate payment will be allowed for dust aba tement measures and all costs thereof shall be included in the va rious prices named in the bid sheet for completion of the work.
N. NOISE LEVELS
Contractor shall comply with the City of Visalia’s Municipal Code, Title 8 Health and Safety, Chapter 8.36 Noise. The City of Visalia Municipal Code can be found at http://www.visaliapurchasing.org.
O. PERSONNEL PROTECTIVE EQUIPMENT
Meet requirem ents of NIOSH ( National Instit ute for Occupational Safety and Health) , and SHA (Mi ning Safety and Health Act of 1 977), wh ere applicable, as well as ANS I (American Natio nal Standa rds Institute.)
P. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any t ime to require performance by the contractor of any provisions hereof shall in no way affect the right of the Ci ty thereafter to enforce t he same. No r shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succ eeding breach of such provision or as a waiver of any provision itself.
Q. COMPLIANCE WITH LAWS
Contractor shall, in the performance of work under this contract, fully c omply with all applicable Federal, State or Local laws, r ules regul ations or ordinances a nd sh all hold t he Ci ty harmle ss from any liability resulting from failure of such compliance.
R. VENUE
Any contract resulting from this soli citation shall be governed by , and con strued in accordance with, the laws of the State of California. Venue for any l itigation arising out of the contract will be vested in Tulare County, California.
S. FIREARMS
Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia p remises without th e expressed written ap proval of a Cit y of Visalia D epartment Head, or an exemption in the c ontract. If a contract or/vendor/consultant is caug ht ca rrying a gun, without Cit y permission, their contract will be terminated.
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T. EXECUTIVE ORDER N-6-22 – Russia San ctions On March 4, 2022, G overnor Gavin Newsom issued Executive Order N -6-22 (the EO) rega rding Economic Sanction s a gainst Russia and Russian entities and indi viduals. “Ec onomic Sanctions” refers t o sanctions impose d by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submittin g a bid or p roposal, Contractor represents that it is not a target of Economic Sanctions. Should t he State determine Contractor i s a targe t of Econ omic San ctions or i s con ducting prohibited tr ansactions with sanctioned individuals or entities, that shall b e grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
133
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
37 of 56
Name of Bidding Agency
EXHIBIT ‘A’
CITY OF VISALIA, CA
RFB-22-23-11, LANDSCAPE MAINTENANCE OF QUADRANT K
BID FORM
In compliance with the City’s Notice Inviting Seal ed Bids No. 22-23-11 dated: _____ _____, t he undersigned BIDDER hereby p roposes to furnish all material s, equipment, tools, labor , appurtenances, and inc identals required to perform Landscape Maintenance Service as set forth in accordance with the specifications, terms and conditions of RFB-22-23-11 including all Exhibits and related contract documents there fore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work sites, Instructions to BIDDERs, Scope of Work and all contract requirements. If this proposal is acc epted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that a bid is re quired for the entire work and that final co mpensation under the contract wi ll be based upon the actual quantities of work satisfactorily completed. It is agreed that prices bid include all labor, materials, equipme nt, transportation, fuel, tools, appurtenant expenses, taxes, permits, licenses, royalties, fees and all costs asso ciated with p erforming the work described in the bidding documents including all exhibits and attachments.
BIDDER hereby agrees to execute a contract and provide bonds within ten (10) working days, or such further time as may be allowed in writ ing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is he reby mutua lly understo od and a greed that in ca se the BIDDER does not, the accompanying Bid Guarantee shall be for feited to the Ci ty of Visalia as liquid ated dama ges, and said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the 1st of the month, following receipt of fully executed contract a nd in accordance with effective date o n Contractor’s Notice to Pro ceed (or as other wise agreed be tween City Project Manager and Awarded Contractor).
BIDDER agrees to abid e by all requirements of the Department of Industr ial Re lations (DIR) applicable to this public works contract and specified in the City of Visalia Labor C ompliance Manual, including bu t not lim ited to assuring valid DIR registration numbers f or all Contractors and Subcontractors performing work under thi s contract, payment of state prevailing wages, and uploading weekly certified payrolls to the Labor Commissioner.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, p articipated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly, or impliedly agree that the actual amount of work will correspond therewith and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
Lowest Bidder shall be based on the Lowest Total Monthly Price.
All bids will be checked for accuracy. In the case of discrepancy in amounts bid, the unit cost shall prevail as basis for award.
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BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
38 of 56
Name of Bidding Agency
The City of Visalia reserves the right to add or delete areas from this contract if needed. Any added or deleted areas will cause a price adjustment to contract . Price adjustments will be based on the Cont ractor’s unit pricing. Any new areas adde d shall be main tained to the same standards re quired by the specifications of RFB-22-23-11.
LANDSCAPE MAINTENANCE OF
QUADRANT K Per specifications of
RFB 22-23-11
All areas in Quadrant to be serviced
weekly (52 times annually)
Quantity
(Sq. Footage)
X
Unit Cost
(Monthly)
=
Monthly Price
Turf (including irrigation maintenance) 351,388 sq. ft.
X
$________/sq. ft.
= $_____________
Planter (trees, shrubs, ground cover,
vine cover on walls and weed control) 638,293 sq. ft.
X $________/sq. ft.
= $_____________
Total Monthly Price $_____________
Alternate Bid Item: Contractor’s Hourly Rate
Applicable only to major repairs or Extra Work as authorized by Project Manager.
$__________per hour
_______________________________________________________________________________________________________________ Bidding Company’s Name Business Address City State Zip
_______________________________________________________________________________________________________________ Authorized Signature Date Printed Name of Person Authorized to sign
________________________________________________________________________________________ Telephone No. Fax No. Email Address
CITY OF VISALIA BUSINESS TAX CERTIFICATE NO: ____________________________ (A City Business License is not required to submit a bid; however, vendor is required to obtain a City Business License prior to commencement of work or i f v endor is presently transacting business wit hin t he City of Visalia regardless of wh ether the business address is actual ly located within the City. Co ntact the Business Li cense Division for clarification of questi ons at 559-713-4326
FEDERAL TAX I.D. NO: __________________________________
BIDDING CONTRACTOR’S D.I.R. REGISTRATION #__________________________________
135
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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Name of Bidding Agency
BIDDER HAS SUBMITTED THE FOLLOWING WITH BID:
10% Bid Guarantee Bond Yes______ No________
Pesticide Applicator’s License (QAL) Category “B” Yes____ No________ Valid Maintenance Gardener Pest Control Business License Yes______ No________
If B idder is subcon tracting this w ork to any entity holding a Pestic ide App licator’s License (QAL cat egory B) and a valid Maintenance Gardener Pest Control Business License. Bidder must properly identify all Subcontractors on the Subcontractor Listing Form submitted at time of bid. All Subcontractors must be DIR Registered and maintain registration in order to perform work under this contract.
Failure to submit the above REQUIRED items may result in disqualification of bid.
DDEESSIIGGNNAATTIIOONN OOFF SSUURREETTIIEESS
The following are the nam es, addresses, and telephone numbers for all bro kers and sureties from whom bidder intends to procure insurance, i.e., describe your insurance coverage, including the name of your carrier.
Company Name Address Tel. No. Contact
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
RREEFFEERREENNCCEESS
Bidder is to list three (3) accounts as references, complete with locations, that Bidder has maintained for at least two (2) years and are similar in size and characteristics to those listed in this RFB.
1. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
2. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
3. ____________________________________________________________________________________________ Company Name Contact Person Phone Length of Contract
___________________________________________________________________________________________ Description and Location of area(s) maintained.
136
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
40 of 56
Name of Bidding Agency
SSUUBBCCOONNTTRRAACCTTOORRSS
Pursuant t o the prov isions of Sections 4100 to 4113 inclusive of t he Public Cont ract Code of the Sta te of California, the un dersigned hereby designates below for the project, o pposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in exc ess of o ne-half of o ne per cent (1/2 of 1%) o f the of the total bid. Al l wor k not listed below s hall be performed by the undersigned bidder. It is understood that the bidder, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herei n desi gnated without the consent of the City and th e approval of the project manager. If additional space is needed, please attach on a separate sheet of paper.
1. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
2. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
3. _____________________________________________________________________________________ Name Address Email
______________________________________________________________________________________ CSLB # Expires Trade DIR Registration #
137
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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EXHIBIT “B-1”
Submit with Bid
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations o r orders of the Secr etary of Labor issued pursuant to Executive Orders 10925, 11114 or Sec tion 204 of E xecutive Order 11246 of September 24 , 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against an y employee or appli cant for employment be cause of race, color, religion, ge nder, national origin or polit ical a ffiliation. The BIDDE R will t ake affir mative action to ensure that applicants are employed, and that employees are treated during employment, without regard to the ir race, color, religion, gender, nat ional origin or pol itical affil iation. Such acti on shall inclu de, but not be limited to, the following: employment upgrading, demotion or tran sfer, recruitment or re cruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solic itations or ad vertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will s end to each la bor u nion or repr esentative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ r epresentative of the BIDDER’ s commitments und er Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all in formation and reports required by Exe cutive Order 11246 of September 24, 1965, and by the rules, regulations and r elevant orders of the Secretary of Labor, or pursuant ther eto, and will permit access to his books, records a nd accounts by the contracting ag ency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non -compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER m ay be dec lared ineligible for further government c ontracts in accordance with the procedures a uthorized in accordan ce with Executive O rder 11246 of Septembe r 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the pr ovisions of Par agraphs (1) t hrough (7) in every subcontract or p urchase order unless exempte d by rules, regul ations or orders of the Secretary of Labo r issued pursuant to Section 20 4 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will t ake such action with respect to any subcontract or purchase order as the contracting agency ma y direct as a means of enforcing such provi sions includin g s anctions for non -compliance. Provided , however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company Name:_________________________________ Business Address:____________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
138
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
42 of 56
EXHIBIT “B-2”
Submit with Bid
CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)
1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, re staurants and other eating are as, time clocks, loc ker rooms and oth er storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by expl icit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does n ot and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breac h of thi s cert ification is a v iolation of t he Equa l Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause;
(b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:
NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi- annually, or annually).
4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company: ____________________________________________________________________________
Business Address: ____________________________________________________________________________
Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official: __________________________________________Company Seal (if any):
139
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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EXHIBIT “B-3”
Submit with Bid
BID GUARANTEE
Known all men by these presents:
That w e, ___________________________________________________________________________________ as principal and __________________________________________________ as sure ty, are hel d and firmly boun d unto the Cit y o f Visalia (obligee) in the sum of ten percent (10%) of the total amount of the bid of the principal, to be paid to the said City or its certain attorney, its successors and assigns, for which payment we ll and truly to be m ade, we bind ours elves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presented.
In no case shall the liability of the surety hereunder exceed the sum of $____________________.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above mentioned bid to the City of Visalia for certa in construction specifically described as follows, for which bids are to be opened at ___________________________ on ___________________________________ for improvement of Invitation to Bid No. 22-23-11
Project: Landscape Maintenance of Quadrant K in Visalia, CA
NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the spec ifications, after the pr escribed form in accordance with the b id, and files t he two bo nds with t he City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect.
In the event s uit is brought upon this b ond by the obligee and judgment is re covered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney’s fee to be fixed by the court.
IN WITNESS WHEREOF, we have hereunto set our hands and seals on this
_______________________________ day of _______________________________, 2023
Company (Principal): ______________________________________________ Business Address: ______________________________________________
Signature:______________________________________________ Date:____________________ Name of Signing Official: _____________________________________________________________Title:_____________________
Company Seal (if any):
Company (Surety): ______________________________________________ Business Address: ______________________________________________
Signature:_______________________________________________ Date:____________________
Name of Signing Official: ____________________________________________________________Title:_______________________ Company Seal (if any):
Note: Signatures of those executing for the surety must be properly acknowledged.
140
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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EXHIBIT “B-4”
Submit with Bid
NON-COLLUSION AFFIDAVIT
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
_________________________, being first duly sworn, de poses and says that he or she is _________ of __________ the party making the foregoing Bid; that the Bid is not made in the interest of, or on behalf of, any undisclose d person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induc ed or solicited any other BIDDER to put in a false or s ham Bid, and has not di rectly or indir ectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from B idding; that the BIDDER has not in any manner, directly or i ndirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or t o fix any overhead, profit, or cost element of the Bid price, o r of th at of any other BIDDER, or to secure any advantage ag ainst th e public body a warding the contract of anyone interested in th e proposed contract; that all statem ents contained in the Bid a re true; and, further, that the BIDDER has not, directly or ind irectly, submitted his or he r Bid price or a ny breakdown thereof, or the contents t hereof, or divulged inf ormation or dat a relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid deposito ry, or to any member or agent thereof to effectuate a collusive or sham Bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date:_________________ Company Seal (if any):
State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a 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.
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. 141
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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Signature __________________________________ (Seal)
EXHIBIT “B-5”
Submit with Bid
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requir es every employer to be insured against liability for workers’ compe nsation or to undertake self-insurance in accordance with the provisions of that cod e, and I will comply with such provisions before c ommencing the performance of the work under this contract.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
142
BID NO. 22-23-11
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of QUADRANT K
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EXHIBIT “B-6”
Submit with Bid
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will compl y with the Amer icans with Disabilities Act, 42 U.S .C., 12101 e t. seq., a nd will main tain complianc e thro ughout the life of this Contra ct. By commencing performance of the Contract work, t he selected BIDDER cert ifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________
Business Address: ______________________________________________
Signature: ______________________________________________
Name of Signing Official: ______________________________________________
Title of Signing Official: ______________________________________________
Date: ______________________________________________
Company Seal (if any):
143
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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EXHIBIT “B-7”
Submit with Bid
CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:
Firm Name: _________________________________________________________ Firm Address: _________________________________________________________
List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
Submitted by: Name __________________________________________________________ Date __________________________________________________________
144
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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EXHIBIT “B-8”
Submit with Bid
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME
FEDERAL ID NUMBER
BY(Authorized Signature)
DATE EXECUTED
PRINTED NAME OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)
( )
TITLE OF PERSON SIGNING
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above-named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a co ntrolled substance is prohibited and specifying actions to be taken agai nst employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug -Free Awareness Program as required by Go vernment Code Section 8 355(b), to info rm employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as require d by Government Code Section 8355©, that every employe e who w orks on the pro posed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS ), the st ate will regard this certificate as valid for all contracts or grants en tered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if 145
BID NO. 22-23-11
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
of QUADRANT K
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a certificate were separately, specifically, and indi vidually provided fo r ea ch contra ct o r grant b etween the contractor or grantee and this state agency.
EXHIBIT “B-9”
Submit with Bid
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of pers ons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, cred it in the a mount of $20,000,000 or more to any other person or entity identified on the current lis t of persons and en tities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2 203, if that person o r entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods a nd/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Co ntractor for the P roject doe s not exceed $1,000,000 over the life of the contract (up to 5 years).
Signature:____________________________________ Printed Name:_________________________
Title:______________________________________ Agency Name:_____________________________
Date:____________________
Note: I n accordance with P ublic Contract Cod e Section 2205, false certification of this form shall be rep orted to the Califor nia Attorney General and ma y result in civil penalties equal to the greater of $250,000 or tw ice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “C”, Sample Contract – do not submit with Bid
ANNUAL CONTRACT FOR LANDSCAPE MAINTENANCE
OF QUADRANT K
(City of Visalia Bid No. 22-23-11)
This Agr eement, entered in to an d effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of V isalia, he reinafter referre d to as the “CITY”, and ____________________________ hereinafter referred to as the “ CONTRACTOR”, “BID DER”, o r “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ___ _________________ (insert ind ividual or entity type) wi th a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and
WHEREAS, CITY desires to enter into an annual contract for Landscape Maintenance which was let to bid on ___________ as evidenced by Bid No. 22-23-11 (the “Project”); and
WHEREAS, City of Visalia revie wed and evaluated responses to the Bi d and determined to award an contract to CONTRACTOR for the project; and
WHEREAS, CONTRACTOR represents it is licen sed, qualified, and willing to complet e the Pr oject pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agre ement shall commence on the Effec tive Date and expire upon completion of all obligations of the parties, un less earlier terminated by the parties. The initial contract te rm shall be for a twelve (12) month period and shall, at the City’s option and with t he cons ent of the CONTRACTOR , be extended annually thereaf ter for fo ur (4) consecu tive one -year periods .
Additionally, this Agreemen t may be ter minated for convenience . In the event o f termination or expiration of this Agreement, CONTRACTOR shall transf er to C ITY an y funds and/or accou nts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The followin g are attachments for this Agreement. Said a ttachments are i ncorporated into this Agreement as if included in full in the body:
ATTACHMENT DESCRIPTION
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFB-22-23-11, Landscape Maintenance of Quadrant K, including all attachments and addenda
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-11
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3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (if any) (“Scope of Services”):
All work described in Scope of Services in Bid No. 22-23-11
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced (monthly) As requested by Contractor (monthly)
5. COMPENSATION:
CITY shall pa y CONTRACTOR com pensation for services as indicated in Paragraph 4 above; however, CITY sha ll p ay not more than the following am ount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be e xpended and paid by CIT Y on a reimbursement basis for servi ces actually performed based on invo ices, receipts, tim e sh eets an d similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in res ponse to this Invitat ion to Bid sha ll be firm and fixed for tw elve (12) m onths from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment featu re is hereby incorpor ated into the specifications. Prices bid by vendor may be ad justed an nually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the re sponsibility of the c ontractor t o request a p rice adjustment and to provide a ll documentation ne cessary. The req uest f or price adjus tment mu st be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. D epartment of L abor Consumer Price Index ( CPI) for al l Urban C onsumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the twelve-month period ending in the month of June of each contract year. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: _______________ By: _______________________________________________ Authorized Officer: I certify under penalty of perjury u nder the laws of the State of California that I a m fully authoriz ed to execu te this A greement for CONTRACTOR i n the capac ity I have stated, and that su ch execution i s sufficient to bind the CONTRACTOR.
Total Compensation: $ Not to exceed Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 148
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CITY OF VISALIA
Dated: _______________ By: _________________________________________________ City Manager
Dated: _______________ By: _________________________________________________ City Attorney
Dated: _______________ By: _________________________________________________ City of Visalia Risk Manager
Dated: ________________ By: _________________________________________________ City of Visalia Project Manager
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns : Thi s Agreement shall be binding upon and shall inu re to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be suff icient hereunder if perso nally served upon the City Cle rk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Se rvice, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Ag reement, sh all act as an indep endent contractor, and th erefore shal l obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal : This Agreemen t shall be administered and interpreted under the laws o f the State of Cali fornia. Ju risdiction of litigation a rising f rom this Agreement shall be in California. Any action brought to interpre t or enforce th is Agreement, or any of the ter ms or conditions hereof, shall be br ought in Tulare County, C alifornia. The CONTRACTOR her eby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Secti on 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of th e documents and exhibits or at tachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, n ull and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRA CTOR waives any and all claims and recourse a gainst the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected wi th or incidenta l to the CO NTRACTOR’s performance of this Agree ment, except claims arising from the concurre nt or sole negligence of the C ITY or its officers, agen ts or employ ees.
The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY agains t any and a ll claims, demands, damages, costs, expenses, o r liabili ty a rising out of the CON TRACTOR’s performance of this Agreement except for liab ility arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Guarantees and Warranties:
1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.
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J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement o f this A greement, the prevailing party, as d etermined by the co urt or arbitrator, shall b e entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Headings: Sec tion headings are pr ovided for orga nizational p urposes only and do not in any ma nner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants whi le working on City of Visalia premises without the expressed w ritten appro val of a City of Visalia Departme nt Head, or an exemption in th e co ntract. If a contract or/vendor/consultant is caug ht carrying a gun, without City permission, their contract will be terminated.
M. City Ordi nance: Contractor shall follow all rules and r egulations regarding the City of Visalia Ordinances. Any fines resulting from not follow ing the Cit y’s ordinance, including but not limited to the City’s Water Conservation Ordinance, will be the sole responsibility of the Contractor.
N. Executive Order N-6-22 – Russia S anctions On Mar ch 4, 2022, Governor Gavin News om i ssued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” r efers to sanctions i mposed by the U .S. governme nt in r esponse to Russia’s actio ns in Ukrai ne, as well as any s anctions im posed under sta te law. The EO dire cts state agencies to terminate contracts with, and to refrain from enter ing any new cont racts with, individuals or entities that are de termined to be a ta rget of Ec onomic Sanction s. Accordin gly, should the Stat e determine Contractor is a target of Economic Sanctions o r is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for t ermination of this agreement. The State shall provide Contractor advan ce written notice of such termination, allowing Contracto r at lea st 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR In surance. CONTRACTOR, at its so le c ost and expense, for t he full te rm of thi s Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requ irements. Such insurance coverage shall be primary coverage as respects C ITY and any ins urance or self-insurance mai ntained b y C ITY sha ll be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more sub contractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise pr ovide evidence o f insurance coverage for each su bcontractor equ ivalent to t hat required of CONTRACTOR in this Agreement.
3. Types of Insuran ce a nd Minimum Limits . The followin g types o f insurance a nd minimum limi ts are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compens ation written in ac cordance w ith the laws of the State o f California provid ing coverage for any and a ll employe es of CON TRACTOR i n th e minimum statu torily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non -owned (e.g. owned b y CO NTRACTOR’s employees o r contract ors), leased or hi red vehicles, in th e minimum amount of $1,000,000 combined singl e limit per occu rrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liabil ity Insuranc e coverage in the m inimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If a ny i nsurance coverage requ ired in th is Agreement is pr ovided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this A greement (hereinafter “post agr eement coverage”) and any extensions thereof.
CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. Th is provision is contingent upon po st agreement coverage bei ng both avai lable and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting thi s requirement, a cost not ex ceeding 100% of the last annual pol icy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Autom obile and Compre hensive or Co mmercial General Lia bility Insurance shall be e ndorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, emp loyees, r epresentatives, an d vo lunteers are ad ded as additional insureds as respects operat ions and activit ies of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agr eed that any insura nce maintained by the City of Visal ia shall a pply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CIT Y on or befor e the effective dat e of this A greement with C ertificate(s) of In surance for all required co verages. Copies of all the required Endorsem ents shall be at tached to the Certificate(s) of Insurance or oth er evidence of ins urance acc eptable to the City of Visal ia, which shall be provided by CONTRACTOR’s i nsurance company as evidence of the s tipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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EXHIBIT D-1
QUADRANT K Area
Description
Turf
Sq Ft
Planter/Shrub
Sq Ft
Ashley Grove #1 & #2 - 33,673 Ashley Grove #3 - 12,612
Ashley Grove #3 Park 18,054 35,113 Ashley Grove #4 10,750 12,100
Ashley Grove #5 & #6 7,500 35,107
Ashley Grove #7 & #8 8,200 10,080
Ashley Grove #9 4,512 15,603 Ashley Grove #11 - 10,193 Ashley Grove #12 3,727 17,347 Ashley Grove #12 Riparian 6,220 37,073
Ashley Grove #13 - 51,167
Country Club Estates 11,735 6,960
Country Club (Demaree Median) - 4,910 Country Club (Houston Median) - 2,880 Fieldstone Oaks #1 60,493 52,947
Luisi Ranch #1 40,021 20,633 Luisi Ranch (11/01/15) - 11,992
Luisi Ranch (08/31/16) - 29,466 Luisi Ranch (03/11/18) - 2,998
Rosemont #1 6,450 11,505
Rosemont #2 9,950 10,990
Steling Oaks #1 9,435 15,245 Steling Oaks #2 26,700 30,000 The Country Club #1 19,430 13,845 The Country Club #2 16,458 12,332
The Country Club #3 28,000
The Oaks #1 9,620 11,700
The Oaks #2 6,400 13,610
The Oaks #4 3,600 1,850 The Oaks #5 16,200 15,900 The Oaks #6 3,650 4,250
Woodland Park #1-#3 31,968 25,712 Woodland Park #4 - 21,500
Woodland Park #4 & #5 20,315 19,000 TOTAL AREA (sq. ft.) 351,388 638,293 989,681 154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0138 Agenda Date: 5/1/2023 Agenda #: 8.
Agenda Item Wording:
Authorization for the City Manager to approve an agreement with Workforce Investment Board of Tulare County to continue the Environmental Clean-Up Opportunities (ECO) Transitional Jobs Program through FY 2023/2024 in the amount of $230,000 from the Solid Waste Enterprise Fund.
Deadline for Action: 5/15/2023
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:
Staff recommends that City Council authorize the City Manager to execute an agreement with the Workforce Investment Board of Tulare County (WIB) to continue a Transitional Jobs Program benefitting the community through more clean-up and recycling and Visalia’shomeless population through job training and opportunities. The amount of the contract is $230,000, funded by the Solid Waste Enterprise Fund (441), to pay the City’sshare of the Environmental Clean-up Opportunities (ECO) program costs.
Background Discussion:
In 2017, the City of Visalia and the Workforce Investment Board of Tulare County (WIB) established a program that would allow members of Visalia's homeless and low-income population to acquire the work skills necessary to obtain gainful employment while simultaneously addressing a community need, cleaning up illegally dumped material and recycling appropriate materials. Program participants are vetted and referred to the program by community partners, such as the Rescue Mission.
Upon entry to the program, participants spend up to three months working as part of a Community Services and Employment Training, Inc. (CSET) work crew, and are guided by a crew supervisor who helps prepare the participants for their transition to regular employment. Work assignments focus on picking up trash or illegally dumped material in the City right-of-way and other public areas. During this time, participants learn basic job skills such as arriving to work on time, working with others, accepting, and executing instructions, etc.
After successful completion of the initial Level I work-skills training portion of the program, participants begin working alongside City employees in the solid waste division as a CSET level II participant under general Solid Waste Department supervision. Here, they learn to work with less direct supervision and more accountability. Work includes assembling residential trash cans, helping with deliveries, and other related duties. After acquiring skills and experience, the goal is for the participant to obtain outside employment. Since the start of the program, the City has hired 9 level II Visalia City Council Printed on 4/28/2023Page 1 of 4
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File #: 23-0138 Agenda Date: 5/1/2023 Agenda #: 8.
participant to obtain outside employment. Since the start of the program, the City has hired 9 level II participants as hourly employees. Of those 9, 5 are still employed with the City as hourlies, 3 have moved on to better opportunities, and 1 participant has obtained a Class A driver’slicense and she currently is a full-time solid waste operator as of this year! Current Fiscal Year Outcomes
From July 2022 through March 2023, the ECO Program has had the following results:
Homeless Individuals:
· Referred to ECO: 226
· Attended Orientation: 69
· Completed Job Readiness: 42
Level I Crew Members: (40)
· Hours Worked: 5,133
· Total Wages Earned: $86,955
· Avg Wage Earned: $2,174
Level II Crew Members: (13)
· Hours Worked: 1,998
· Total Wages Earned: $39,697
· Avg Wage Earned: $3,054
Level I ECO Material Count (Litter Abatement)
· Total pounds of trash and misc. debris removed: 194,155 · Average month pounds of trash/misc. removed: 21,573
Goal versus Actual number of participants
Goal Actual FY21/22 Actual FY22/23 (July -
March)
Level I 40 40 40
Level II 20 20 13
Employment 24 30 21
In comparison to the previous year at this time, wages paid to level 1 participants increased by $13,500, and to level II participants by $17,000. The amount of litter picked up also increased from 143,720 lbs. to 194,155 lbs.
ECO participants also continue to obtain employment at a high rate as compared to the goals of the program. The goal of 24 placements was surpassed with 30 placements completed in FY 21/22, and this fiscal year is on pace to surpass the goal as well. It is also important to note that these placements are based only on the participants that complete the orientation. . Out of the 226 total individuals that were referred to the program, there are some that obtain employment before attending orientation, realizing success before beginning the program The opportunity to be part of the program is a good incentive to get people involved with the WIB and actively looking for employment, which can be achieved for some without actually entering the ECO program.
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The City is now receiving Level II participants at a regular rate and is seeing more of a benefit for the Solid Waste Department. Even though the primary goal is the success of the participants, it becomes a win-win situation if the City of Visalia is able to fill hourly vacancies with these participants while they are on their success path.
Fiscal Impact:
Funding for this program is partially offset from the Solid Waste Enterprise Fund (441) Bottle Bill Revenues (Approximately $35,000) and savings from the four Solid Waste hourly positions that are held vacant since the work is performed through the ECO program. In addition, the Solid Waste Enterprise Fund realizes savings from the illegal dumping that is picked up throughout the City. Not only does this bring down the total tonnage cost of pickups, but it also decreases the number of times the City uses the contractor for illegal dumping and increases our recycling rates.
The City of Visalia’sportion of the program is $230,000 and is disbursed based on actual cost. The budget for FY 23/24 is $9,000 more than the previous year and primarily pays for operational costs of the program including vehicles, supplies, the crew supervisor, and program coordinator. The total budget increase is due to the wage increases and a small increase in total participant hours per the budget supplied by the Workforce Investment Board. If the actual costs come in less, the remainder goes back to the Solid Waste Fund.
The proposed budget is as follows:
Project Costs
City of Visalia $230,000
Workforce Investment Board $230,000
Total Cost $460,000
Operational Costs FY23-24
1 WIB Program Analyst (salary, fringe, indirect costs) $21,000 2 Personnel/Benefits: Crew Supervisor & Program Coordinator $151,000 3 Administrative Oversight (Staff & ICR) $36,000
4 Vehicle, Fuel & Trailer Operating Costs $22,000
5 Facilities (building space, maintenance & repair, security, janitorial, utilities, & staff cell phones) $6,000
6 Supplies, PPE safety equipment, & other operating costs $20,000 7 Subtotal - Operational Costs $256,000
Participant & Other Costs
8 Transitional Jobs (Participant Wages 40 Level I, & 20 Level II)$198,000 9 Support Services (Boots, shirts, pants, bus passes, interview clothes, etc.) $6,000
10 Subtotal - Participants Costs $204,000
11 Total Budget (Line 7+10) $460,000
Budget Summary
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File #: 23-0138 Agenda Date: 5/1/2023 Agenda #: 8.
Operational Costs FY23-24
1 WIB Program Analyst (salary, fringe, indirect costs) $21,000 2 Personnel/Benefits: Crew Supervisor & Program Coordinator $151,000 3 Administrative Oversight (Staff & ICR) $36,000
4 Vehicle, Fuel & Trailer Operating Costs $22,000
5 Facilities (building space, maintenance & repair, security, janitorial, utilities, & staff cell phones) $6,000
6 Supplies, PPE safety equipment, & other operating costs $20,000 7 Subtotal - Operational Costs $256,000
Participant & Other Costs
8 Transitional Jobs (Participant Wages 40 Level I, & 20 Level II)$198,000 9 Support Services (Boots, shirts, pants, bus passes, interview clothes, etc.) $6,000
10 Subtotal - Participants Costs $204,000
11 Total Budget (Line 7+10) $460,000
Budget Summary
Prior Council Action: March 6, 2017 - Initial Program authorization June 18, 2018 - Program reauthorization for FY 18/19 June 3, 2019 - Program reauthorization for FY 19/20 June 5, 2020 - Program reauthorization for FY 20/21 June 7, 2021 - Program reauthorization for FY 21/22 June 20,2022 - Program reauthorization for FY 22/23
Other: Click or tap here to enter text.
Alternatives: Decline reauthorization and discontinue program. This alternative is not recommended as the program provides tangible benefit to the City at a reasonable cost.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute an agreement with the Workforce Investment Board of Tulare County to continue a Transitional Jobs Program (ECO) in the amount of $230,000 to be paid for out of the Solid Waste Enterprise Fund (441).
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: FY 23/24 Draft MOU
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MEMORANDUM OF UNDERSTANDING
Between the
CITY OF VISALIA
And the
WORKFORCE INVESTMENT BOARD OF TULARE COUNTY
“Regarding the Implementation of a Transitional Jobs Program”
This Memorandum of Understanding (MOU) is entered into between the City of Visalia, a California Municipal Corporation, hereinafter referred to as “City,” and the Workforce Investment Board of Tulare County, a California Non-Profit Public Benefit Corporation, hereinafter referred to as “WIB,” as of July 1, 2023.
This MOU is made with reference to the following recitals:
1. City and the WIB are partnering to implement a Transitional Jobs Program within the community of Visalia.
2. City will allocate two hundred thirty thousand dollars ($230,000) to the WIB to operate the Transitional Jobs Program outlined in Exhibits A and B of this MOU (the “Program”).
3. The WIB has received Workforce Innovation and Opportunity Act (WIOA) funding to fund a portion of the Transitional Jobs Program.
4. WIB will allocate two hundred thirty thousand dollars ($230,000) in City funds and two hundred thirty thousand dollars ($230,000) in WIOA funds for participant transitional jobs (subsidized employment) and program operation costs to its service provider to operate the program.
5. CITY and the WIB mutually agree that the responsibilities outlined in this MOU foster healthy collaboration for the purpose of implementing the Program.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements therein contained, the Parties agree as follows:
I. TERM
The term of this MOU is from July 1, 2023 through June 30, 2024, or until such earlier time as all obligations have been met, or unless earlier terminated or extended according to the provisions contained herein. Upon mutual written agreement, the Parties may extend the term of this Agreement for such period of time and upon such terms as they may agree.
II. DISTRIBUTION OF FUNDS
To request reimbursement for Program services provided hereunder, WIB shall submit a monthly invoice to City with back-up documentation by the 30th of the subsequent month.
All invoices submitted shall be paid by the City on a reimbursement basis for actual costs.
Both Parties have funds set aside to fund the Program. CITY and the WIB have agreed to pay the costs of the Program as outlined in Exhibit B to this MOU. If actual costs invoiced to the City do not meet the City obligated amount, then only the actual incurred costs will be reimbursed.
III. COOPERATIVE OBLIGATIONS
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The roles and responsibilities of CITY and WIB for the Program are outlined in the attached Exhibit A “Statement of Work”, Exhibit B “Budget Detail”, and Exhibit C “Work Program Definitions”:
1. The WIB shall perform the services described in Exhibit “A” to meet the objectives of the Program.
2. The WIB shall not exceed the salary and benefits costs in Exhibit B “Budget Details”.
3. CITY shall not exceed the program cost outlined in Exhibit B “Budget Details”.
IV. WIB CONTRIBUTION
After receipt of grant funds, and in accordance with the provisions of the WIOA requirements and related regulations directives, WIB will pay for Participant salary and fringe benefits and other participant training costs, as they relate to the Exhibit B.
V. CITY CONTRIBUTION
CITY will contribute $230,000 to pay for operational costs and supportive services as they relate to the Exhibit B.
VI. REVISION, ADDENDUM
Revisions to the basic framework of this MOU shall be by the mutual written agreement of the Parties. Supplements to this MOU may be by numeric addendums executed by each Party and attached to the original of this MOU.
VII. TERMINATION
Either Party may terminate this MOU at any time without cause upon not less than forty- five (45) days’ prior written notice. In the event of such termination, the Parties shall consult prior to the date of termination to ensure termination occurs on the most equitable terms; however, such consultation shall not prohibit or restrict either Party from exercising its right to terminate this MOU.
VIII. NON-DISCRIMINATION CLAUSE
1. The Parties agree that no person participating in under the terms of this MOU shall, because of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief or sexual orientation, be excluded from participation, be denied benefits of, or be subject to discrimination.
2. The Parties shall comply with all state, federal and local laws that forbid discrimination against any person on the grounds of ethnic group identification, age, sex, color, disability, medical condition, national origin, race, ancestry, marital status, religion, religious creed, political belief or sexual orientation in employment practices. Such practices include retirement, recruitment advertising, hiring, layoff, termination, 182
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upgrading, demotion, transfer, rates for pay or other forms of compensation, use of facilities, and other terms and conditions of employment.
3. The Parties agree that they will comply with the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as applicable regulations and guidelines issued pursuant to the ADA.
IX. INDEPENDENT CONTRACT STATUS
It is agreed that the WIB, including any and all of their officers, agents, contractors, sub- contractors, and employees, will be at all times during the performance of the work, duties and obligations of pursuant to this MOU be acting and performing as an independent contractor and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venture, partner, or associate of the City.
X. INDEMNIFICATION AND INSURANCE
WIB shall defend, indemnify, and hold harmless the City and its officers, council members, employees, volunteers and agents, from any and all costs and expenses, damages, liabilities, demands, causes of action, suits, charges, or legal or administrative proceedings, claims and losses, including, without limitation, attorney’s fees and costs, caused by or arising out of any act or omission of WIB relating to the terms of this MOU.
City shall defend, indemnify, and hold harmless the WIB and its officers, council members, employees, volunteers and agents, from any and all costs and expenses, damages, liabilities, demands, causes of action, suits, charges, or legal or administrative proceedings, claims and losses, including, without limitation, attorney’s fees and costs, caused by or arising out of any act or omission of City relating to the terms of this MOU.
WIB agrees that at all time while working on City property it shall require its agents, employees, contractors, and subcontractors, to maintain general liability insurance, automobile liability, and worker’s compensation insurance at levels approved by the City.
Prior to entry on City of Visalia proof of such insurance shall be provided to City.
XI. SETTLEMENT OF DISPUTES
The parties have worked cooperatively to prepare their framework for this MOU, and the language herein should not be construed against any of the parties. If a dispute arises out of or relating to this MOU, or the breach thereof, and if said dispute cannot be settled through negotiation, the Parties agree first to try in good faith to settle the dispute by non-binding mediation before resorting to litigation or some other dispute resolution procedure, unless the Parties mutually agree otherwise. The mediator shall be mutually selected by the Parties, but in case of disagreement, the mediator shall be selected by lot from among two nominations provided by each Party. All costs and fees required by the mediator shall be split equally by the Parties, otherwise each Party shall bear its own 183
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costs of mediation. If mediation fails to resolve the dispute within 30 days, then either Party may pursue litigation to resolve the dispute.
XII. LOSS OF FUNDING
It is understood and agreed that if the funding is either discontinued or reduced for the Program, then WIB or City shall have the right to terminate this MOU. In such event, the affected Party shall provide the other Party with at least thirty (30) days prior written notice of such termination.
WORKFORCE INVESTMENT BOARD OF TULARE COUNTY
____________________________ Date _____________________ Adam Peck, Executive Director
CITY OF VISALIA
____________________________ Date______________________ City of Visalia Project Manager
____________________________ Date ______________________ City of Visalia City Manager
____________________________ Date: ____________________ City Attorney
(PELTZER & RICHARDSON, LC)
____________________________ Date: ____________________ City of Visalia Risk Manager
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EXHIBIT A
Statement of Work
Transitional Jobs Program
Work to Be Performed - The WIB shall implement a Transitional Jobs program (the “Program”) for 40 individuals, referred by agencies designated by the City, who meet the following criteria:
a) Are homeless (See Definitions, Exhibit C) or
b) have been homeless within the past 12 months; and
c) WIOA Adult Eligible (See Definition, Exhibit C); and d) Reside in Visalia.
Participants shall be supported through the Program by a full-time crew supervisor assigned to supervise the crews and serve as a job coach and mentor. Participants will be provided with the following services:
a) Transportation to and from worksites.
b) A workplace orientation that includes work expectations and safety training. c) Career coaching.
d) Pre-employment skills training.
e) Supportive services.
Pre-Employment Seminars
The Program will provide pre-employment skills that are essential to job seeking and retention for 40 participants, these seminars include:
Finance and budgeting
Interviewing skills
Career Exploration
Create Resume
How to apply for jobs online and in person
Job Coaching
The Program will provide job coaching, including:
Workplace orientation, work expectations and safety.
On-site crew supervisor to provide supervision, job coaching, and teach work skills. Provide clear instructions and feedback.
General Transitional Job Description
The City will designate worksites, tasks, and skills to be acquired during the transitional job. Participants will be expected to be able to:
Arrive to work on time
Able to take instructions from a crew supervisor
Work 20 hours per week Monday–Friday
Able to lift 30 lbs.
Able to stoop, pick up debris
Able to use basic hand tools and equipment (shovels, rakes, hoes, litter grabbers, etc.) Able to use due care while working in the public right-of-way being aware of cars, watching traffic, avoiding walking in streets when appropriate
Receive bi-weekly performance evaluations
Expectation to complete training plan (task and skills to be attained) May receive additional hours of training, if he/she is having difficultly attaining skills outlined in the training plan
Expectation to complete training plan (task and skills to be attained)
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Transitional Jobs - Completion
Upon completion of a transitional job, individuals may continue to access WIOA Basic and Individualized Services and Training that lead to employment, services include:
Staff assisted job search and job referrals
Supportive services
On-the-job training
Occupational skills training
Follow-up
Subcontracting
The WIB may subcontract portions of this contract with prior written approval from the City. All subcontracts must be formalized through written contracts that specify services to be provided and include itemized budgets, as well as any appropriate performance expectations. A complete copy of all subcontracts with appropriate signatures must be on file with the City. The WIB shall monitor all subcontractors to ensure compliance.
Matching Funds
The WIB shall provide matching funds in the form of participant wages to the 40 homeless individuals that are WIOA eligible and assigned to City designated worksites and projects within the City limits.
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EXHIBIT B
Budget Summary
Project Costs
City of Visalia $230,000
Workforce Investment Board of Tulare County $230,000
Total Cost: $460,000
July 1, 2023 through June 30, 2024
Budget Summary
Operational Costs Budget
1 WIB Program Analyst (salary, fringe, indirect costs) $21,000 2 Personnel/Benefits: Crew Supervisor & Program Coordinator $151,000 3 Administrative Oversight (Staff & ICR) $36,000
4 Vehicle, Fuel & Trailer Operating Costs $22,000
5 Facilities (building space, maintenance & repair, security, janitorial, utilities, & staff cell phones) $6,000
6 Supplies, PPE safety equipment, & other operating costs $20,000 7 Subtotal - Operational Costs $256,000
Participant
& Other
Costs
8 Transitional Jobs (Participant Wages 40 Level I, & 20 Level II) $198,000 9 Support Services (Boots, shirts, pants, bus passes, interview clothes, etc.) $6,000
10 Subtotal - Participants Costs $204,000
11 Total Budget $460,000
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Participant Wages and Enrollment Plan
Transitional Jobs
Levels I & II Level I - II Crews
Time
Frame Individuals
Hours
Worked
Hourly
Rate
Fringe
Benefits
Total
Wages
Total
Fringe Cost Per
Level I
40 participants -
work crews
Level II
20 participants -
City job site
Level I Crew Work
(2 crew) July -
Aug
10 1,760 15.50
3.11 27,280
5,472
32,752
Level II City/Partner
Work 5
900
15.50 3.11
13,950
2,798
16,748
Level I Crew Work
(2 crews) Sept -
Dec
10 1,760 15.50 3.11
27,280
5,472
32,752
Level II City/Partner
Work 5
900 15.50 3.11
13,950
2,798
16,748
Level I Crew Work
(2 crews) Jan -
Mar
10 1,760 15.50 3.11
27,280
5,472
32,752
Level II City/Partner
Work 5
900 15.50 3.11
13,950
2,798
16,748
Level I Crew Work
(2 crews) Apr -
June
10 1,760 15.50 3.11
27,280
5,472
32,752
Level II City/Partner
Work 5
900 15.50 3.11
13,950
2,798
16,748
Total Participants Level I 40
Total
$198,000 Total Participants Level II 20
Participant Costs
Support Services 6,000
Transitional Jobs 198,000
Participant Costs $204,000
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EXHIBIT C
Work Program Definitions
DEFINITIONS
Homeless individual means an individual who lacks a fixed, regular, and adequate nighttime residence and includes an individual who:
(1) Is sharing the housing of other persons due to loss of housing, economic hardship, or similar reason;
(2) Is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations;
(3) Is living in an emergency or transitional shelter;
(4) Is abandoned in a hospital, or is awaiting foster care placement; (5) Has a primary nighttime residence that is a public or private place not designed for or ordinarily used as regular sleeping accommodation for human beings.
Source: 56462 Federal Register / Vol. 81, No. 161 / Friday, August 19, 2016 / Rules and Regulations, p. 392
WIOA Eligibility Registration Requirements
In order for an individual to participate in WIOA services, he/she must complete the registration process and meet Priority of Service which includes a homeless individual, low income, or veterans and eligible spouses. The following criteria will be verified and documented in the participant file:
Must be at least 18 years old
Possess right-to-work documents
Registered with Selective Service
o Males born on or after January 1, 1960
Transitional Job - A time limited wage paid work experience for individuals who have barriers to employment, who are chronically unemployed or have inconsistent work history.
Basic Skills Deficient – An individual that is unable to compute or solve problems, or read, write, or speak English, at a level necessary to function on the job, in the individual’s family, or in society (WIOA Section 3[5]). Criteria used to determine whether an individual is basic skills deficient includes the following:
• Lacks a high school diploma or high school equivalency and is not enrolled in postsecondary education.
• Enrolled in a Title II Adult Education/Literacy program. • English, reading, writing, or computing skills at an 8.9 or below grade level. • Determined to be Limited English Skills proficient through staff-documented observations.
• A standardized test may be used to assess basic skills that includes reading, writing, or computing skills.
Low-Income – An individual that meets one of the four criteria below:
1. Receives, or in the past six months has received, or is a member of a family that is receiving, or in the past six months has received, assistance through the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance For Needy Families 189
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(TANF), program supplemental security income program, or state or local income-based public assistance.
2. In a family with total family income that does not exceed the higher of the following:
a. The poverty line.
b. 70 percent of the Lower Living Standard Income Level.
3. A homeless individual.
4. An individual with a disability whose own income does not exceed the income requirement, but is a member of a family whose total income does.
Public Assistance Recipient – An individual that receives federal, state, or local government cash payments for which eligibility is determined by a needs or income test (WIOA Section 3[50]).
Self-Attestation – When a participant states his or her status for a particular data element, such as low income, and then signs and dates a form acknowledging this status. The key elements for self-attestation are
1) the participant identifying his or her status for permitted elements, and 2) signing and dating a form attesting to this self-identification.
190
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0142 Agenda Date: 5/1/2023 Agenda #: 9.
Agenda Item Wording:
Authorize the City Manager to enter into a contract with Truxell & Valentino Landscape Development Inc. for the Houston Roundabout Landscaping and Maintenance Access Project (2520-7200/CP0307 -999) in the amount of $298,450, and appropriate $145,000 from the Transportation Impact Fund (241).
Deadline for Action: None
Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:
Cody McLaughlin, Assistant Engineer, [email protected], 713-4595 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Frank Senteno, City Engineer, [email protected], 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:
Staff recommends that the City Council:
1. Authorize the City Manager to award a contract with Truxell & Valentino Landscape Development, Inc. for RFB 22-23-26 Construction for the Houston Roundabout Landscaping Project (2520-72000/CP0307-999) in the amount of $298,450; and
2. Approve an appropriation of $145,000 from the Transportation Impact Fund (241) to this project, CP0307.
Background Discussion:
The project was established as a beautification and safety project for the Houston Roundabout which currently has limited landscaping within the center. The scope of work for the Houston Roundabout Landscaping project includes grading and earthwork of the site, irrigation improvement, planting improvements, and installation of concrete curb and rip-rap city staff maintenance path. The purpose behind the development of this project is to enhance the aesthetics of the area by creating a beautified focal point and enhance safety by breaking headlight glare through the roundabout of oncoming vehicles. The landscaping would also enhance safety through indirectly lowering vehicle speeds by reducing excess sight distance and discouraging pedestrian traffic through the roundabout island.
This roundabout landscaping project includes more involved work to accommodate an equipment maintenance path, deter pedestrian traffic, and to mitigate oncoming traffic glare. The project features a rip-rap lined maintenance path for City maintenance staff to access existing storm drain and sewer utilities, concrete retaining curbs lining the maintenance path, strategically placed rip-rap to deter pedestrian traffic around the perimeter of the roundabout, and strategically placed boulders Visalia City Council Printed on 4/28/2023Page 1 of 4
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File #: 23-0142 Agenda Date: 5/1/2023 Agenda #: 9.
to mitigate oncoming traffic glare; these last features enhancing traffic safety through the roundabout.
The current schedule for this project estimates upon award construction would begin in June 2023 with approximately one month of construction, and final inspections and project closeout in August 2023. While City staff has noted that there will be summer heat experienced in the month of June and July during planting and construction, the plant type selected for this landscaping are drought tolerant and should fare better in drier and heat impacted conditions. Additionally the contractor is held to a maintenance warranty period as stated in our standard landscape and irrigation specifications which is stated as one year and, as also stated in the contract documents, it is the responsibility of the contractor to determine if conditions are suitable for planting or if not proposing a solution for more suitable planting conditions (such as re-scheduling for more accommodating weather). See below for the project schedule.
The construction of this project will follow the completion of a current project installing 80 linear feet of storm drain line for future connection. The Houston Roundabout Storm drain installation is set to begin construction in May 2023. It was determined by City staff to install the portion of storm drain line in the roundabout for future connection prior to the construction of the landscaping project through coordination efforts to prevent impacts to the landscaping installation and project completion.
Houston Roundabout Landscaping Project Completion Schedule Storm Drain Installation Construction (separate project)May 2023 Landscaping Construction Begins June 2023
Final Inspections & Project Close Out August 2023
Bidding Process:
The City of Visalia issued a formal Request for Bids (RFB) to solicit construction services for the RFB 22-23-26 and on March 14, 2023 city staff received five (5) bid proposals that were submitted to the request for bids. One bid was withdrawn due to math errors. Bid proposals were received from the following contractors:
No. Consultant Location Base Bid
1. Truxell & Valentino Landscape Fresno, CA $298,450.00
2. Sierra Range Construction Visalia, CA $319,193.00
3. HBC Enterprise Clovis, CA $339,305.00
4. Westscapes Inc. Hanford, CA $348,658.20
5. Early Bird Landscaping Shasta Lake, CA Withdrawn
The low bidder is Truxell & Valentino Landscape with a verified complete proposal. Bids have been reviewed, references have been verified, and staff has conducted background references and has concluded the contractor is capable of the performing the work for the project.
Fiscal Impact:
The project budget summary below is based on a currently available project budget, and remaining Visalia City Council Printed on 4/28/2023Page 2 of 4
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File #: 23-0142 Agenda Date: 5/1/2023 Agenda #: 9.
The project budget summary below is based on a currently available project budget, and remaining costs for project completion. The project budget is as follows:
Houston Roundabout Landscaping
Total Project Budget from TIF Fund (241):$227,100
Project Costs expended to date:
Design Plans (UTF) -$13,330
Design (Staff time) -$24,500
Project Budget (currently available)$189,270
Estimated Project Costs
Project Management (Staff) $8,000
Construction Inspections $4,500
Materials Testing $5,000
Construction Cost $298,450
Construction Contingency (5%) $15,000
Total Estimated Project Construction Cost$330,950
Remaining Balance (Deficit) ($141,680)
Appropriation from TIF Fund (241 ):$145,000
Bid proposals for construction have come in higher than previously estimated construction costs due to the continuing increase in construction costs. Bid proposals were all within 15% of one another thus reflecting competitive bids received. When evaluating bid unit costs to estimated costs, construction costs increases are reflected on each item. Additionally, when comparing this project to the landscaping component of the Santa Fe Avenue and Tulare Avenue roundabout constructed in 2020, this project has approximately a 50% higher cost. This roundabout’soverall design scheme is similar to the Santa Fe and Tulare Roundabout. However, the higher cost can be accounted for construction cost increases over the past 3 years in addition to this roundabout’sdesign having a more robust and involved scope of work.
Due to the above-identified budget deficit, staff recommends an additional appropriation of $145,000.00 for the completion of this project. Any remaining funds allocated towards this project will be returned to the funding source upon project completion.
Prior Council Action:
February 07, 2022
Council received conceptual design presentation and motioned to move forward with the presented concept.
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File #: 23-0142 Agenda Date: 5/1/2023 Agenda #: 9.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to enter into a contract with Truxell & Valentino Landscape Development Inc. for a not to exceed amount of $298,450 for the Houston Roundabout Landscaping and Maintenance Access Project and appropriate $145,000 from the TIF Fund.
Environmental Assessment Status:
Categorical Exemption
CEQA Review:
Categorical Exemption
Attachments:
RFB 22-23-26 Bid Summary
Truxell & Valentino Landscape Ownership Disclosure Form Conceptual Design Rendering
Construction Drawings
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Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.202309
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002_24x36_TS.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CA
COV - Houston Roundabout @ Santa FeVisalia, CA
SHEET INDEXT-1TITLE SHEETL-1CONSTRUCTION PLANL-2SITE SECTIONSL-3CONSTRUCTION DETAILSL-4PLANTING SOILS PLANL-5IRRIGATION PLANL-6IRRIGATION DETAILSL-7 IRRIGATION DETAILSL-8PLANTING PLAN PROJECT APPLICANT:URBAN TREE FOUNDATIONPROJECT TYPE: PUBLICWATER SUPPLY: POTABLEWATER SUPPLIER:CALIFORNIA WATER DISTRICT(559) 624-1700TOTAL LANDSCAPED AREA: 12,767 SF"I AGREE TO COMPLY WITH THE REQUIREMENTS OF THE WATEREFFICIENT LANDSCAPE ORDINANCE AND SUBMIT A COMPLETELANDSCAPE DOCUMENTATION PACKAGE." SITE VICINITY MAPN.T.S.
CONTACT INFOGREG MENDONSALANDSCAPE ARCHITECTURBAN TREE FOUNDATION1512 W. MINERAL KING AVEVISALIA, CA 93291805.798.1585 "I have complied with the criteria of the ordinance and appliedthem accordingly for the efficient use of water in the irrigation& planting design plans."SignatureSignatureSignature CITY SIGNATURES DATE Title SheetT-11
PROJECT SITEProject No. 2520-7200 CP0307-799
207
8'-0"CLEAR
+/-18'-0"
6'-0" typ.
+ 5'-6"+ 3'-3"
+ 4'-6"+ 0'-0" TC+ 0'-0" TC+ 2'-3"
0'-0" TC +
0'-6" TC +
1'-0" TC +0'-6" TC +
1'-0" TC ++ 0'-6" TC+ 1'-0" TC+1'-0" TC0'-0" TC ++ 0'-0" TC 0'-0" TC++0'-0" TC0'-6" TC +
+1'-6" TC+ 1'-6" TC
P-101P-102
TG-101TG-102
TG-101P-103P-104
P-104P-101S-101
S-101
A
A
B
B CONCRETESYMBOLDESCRIPTIONQTY12" Concrete Curb Wall. See plan for wall heights.235 lfGranite Rip-Rap. Size: 4-8". Color: Gray. Instal RipRap over 3" layer of 2,489 sfClass 2 road base. Compact subgrate to 95%.Granite Rip-Rap. Size: 10"-18". Color: Gray. Instal RipRap with grouted 3,003 sfjoints. Compact subgrate to 95%.Concrete Curb. See detail 2 sheet L-3.SITE FURNISHINGSSYMBOLDESCRIPTIONQTYRemovable Safety Bollard. Manufacturer: Tournesol, Model: B-0240-10-4806, Height: 48", Color: Black. Receiver Model: B-REC6 (orapproved equal)BARK MULCHSYMBOLDESCRIPTIONQTYCalifornia Gold Roack Mulch. Size: 3/8". Intall 4" layer of roack mulch 7,370 sfover all landscape areas.Accent Boulders. Material: Moss Rock Boulders. Size: 36" - 84". Boulders to be approved by Landscape Architect prior to instalation.
P-101P-102P-103P-104S-101TG-101TG-102
Materials Legend
632
MANHOLE COVER (3), TYP.
EXISTING EDGE OF PAVING.EXISTING CURB.
PROPOSED MOUNDING - 1' CONTOURS.TOE OF SLOPE.
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.20230feet201" = 10'10304009
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - c.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CAConstruction PlanL-12
CONCRETE CURB WALLNotes:1-Provide score joints at 10'-0" o.c.2- Concrete shall be class b, 5 sackmix.3- Expansion joints shall be provided atcorners and every 30'-0" o.c. maximum. 9"1'-0"
4" - 8" Granite Rip Rap2" Layer Rock Mulch,per plan.1/2" Tooled radius.Finished grade shall be 2"below top of curb at turf area.
Subrade compacted to 90%.
18" max.312"min.3"min.
#4 Rebar vertical, 24" o.c.#4 Rebar horizontal, top and bottom. 3"3" layer of 3/4" Road base.Compacted in place to 95%6" min. 1P-OP-21002-07
Area around irrigation equipmentto have 3/8" California Gold Gravelinstalled up to concrete paving.Contractor to review full extent ofgravel install in field with cityproject manager .
INDICATED CURB ELEVATIONS ARE INREFERENCED FROM INTERIOR EDGE OFPAVING AROUND PERIMETER OFPLANTING AREA.
INDICATED LANDSCAPE MOUNDINGELEVATIONS ARE REFERENCED TO INTERIOREDGE OF PAVING AROUND PERIMETER OFPLANTING AREA. 208
1'-6"
4'-6"
5'-0"
4'-6"
1'-6"
EXISTING CURB.
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.20230feet201" = 10'10304009
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - c.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CASite SectionsL-23
EXISTING CURB.8' RIP-RAP BOURDER
LANDSCAPE MOUNDCONCRETE CURB WALL8' RIP-RAP BOURDER
SECTION B-B
SECTION A-A
209
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.202309
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - cd.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CAConstruction DetailsL-34
1. Existing utilities- information on the drawings relating to existing utility lines and servicesfrom the best sources available. All such information is furnished only for information and isnot guaranteed. The Contractor shall excavate test pits as required to determine the exactlocation of existing utilities.Call utility locating service for precise utility locations before beginning of any work. UnderGround Services Alert 800. 227. 2600.2. Utility Requirements- The Contractor shall notify the following agencies at least 48 hours inadvance of excavating around any of their structures. The utility companies listed below shallbe contacted.- Gas Company- Telephone Company- Electrical Power Company- Cable Television Company- Water Supply CompanyThe California Public Utilities Commission mandates that in, in the interest of public safety,main line gas valves be maintained in a manner to be readily accessible and in goodoperating condition. The Contractor shall notify the gas company's headquarters planningoffice 48 hours prior to the start of construction.3. Contractor shall be responsible for making himself familiar with all underground utilities,pipes, and structures. Contractor shall take sole responsibility for any cost incurred due todamage of said utilities.4. All scaled dimensions on the drawings are approximate. Before proceeding with any work,the Contractor shall carefully check and verify all dimensions and quantities, and shallimmediately inform the Owner's Representative of any discrepancies between the informationon the drawings and the actual conditions refraining from doing any work in said areas untilgiven approval to do so by the Owner's Representative.5. The Contractor shall obtain and pay for all permits related to this section of the work unlesspreviously excluded under provision of the contract or general conditions. The Contractorshall comply with all laws and ordinances bearing on the operation of conduct of the work asdrawn and specified. If the contractor observes that a conflict exist between permitrequirements and the work outlined in the contract documents, the Contractor shall promptlynotify the Owner's Representative in writing including a description of any necessary changesand changes to the contract price resulting from changes in the work.6. Wherever references are made to standards or coded in accordance with which works is tobe performed or tested, the edition or revision of the standards and codes current on theeffective date of this contract shall apply, unless expressly set forth.7. In case of conflict among any referenced standards or codes or between any referencedstandards and codes and the specifications, the more restrictive standard shall apply orOwner's Representative shall determine which shall govern.8. The Contractor shall adequately protect the work, adjacent property, and the public, andshall be responsible for any damages or injury due to the Contractor's actions.9. The Contractor shall be responsible for any coordination with subcontractors as requiring toaccomplish the construction operations. All piping, conduit, sleeves, etc. shall be set in placeprior to the installation of construction items.10. See civil engineer's grading plans for vertical control, grading and drainage structuresprior to installation of walks, footings, walls, and other structures.11. Concrete surface shall be formed with long, smooth gradients to reduce drips, abruptchanges and sharp transitions.12. All curvilinear walks, curbs, header boards and walls shall have a continuous smoothcurb where applicable. All forms must be inspected and approved prior to beginning thatphase of work.13. All walks shall be 4" thick natural color with a Top Cast #05 finish,powder blue violet,unless otherwise noted on the plans. See civil engineer's plans for further information.Expansion joints shall be located per the plans. Control joints shall be located as shown onthe plans and spread equally between expansion joints where possible.14. All steps shall have handrails per state and local codes. See plans for locations.15. All dimensions are from outside, facing paving, wall, curbs, etc. unless otherwise noted onthe plan. All dimensions are perpendicular to buildings unless otherwise noted.16. Prior to the installation of any construction item, forms with steel in place and compactedsubgrade shall be inspected and approved by the Owner's Representative. The Owner'sRepresentative shall approve the final layout of all walls, walks, etc. prior to pouring concrete.Any modifications made to the plans as a result of field conditions shall be brought to theattention of the Owner's Representative prior to any work being performed in that area.17. Contractor shall submit 3' x 3' samples of all paving finishes and colors with joints in place.All samples shall be approved by the Owner's Representative prior to construction.18. All property lines and lot lines shall be verified prior to construction.19. Concrete flatwork shall be per the structural soils report recommendations and civilengineer's plans.20. All subgrades for paved surfaces shall be moistened, compacted, in accordance with soilengineer's recommendations and per the civil engineer's plans.21. All mow strips shall be constructed as a part of the landscape construction plans.Material1. All construction materials (steel, block, mortar, cement, etc.) shall conform to the mostrecent edition of standards set forth in the Standard Specifications for Public WorksConstruction as defined by the City of Visalia.2. Concrete finishes shall be called out on the plans or details. All finishes shall be uniform inappearance and subject to the approval by the Owner's Representative. Unacceptable workshall be removed and replaced by the Contractor at no expense to the Owner.3. Masonry unites shall be Grade A conforming to A.S.T.M and manufactured in accordingwith Concrete Masonry Association Standards.4. Portland Cement shall conform to A.S.T.M C150, low akali, single brand throughout.5. Mortar shall be freshly prepared and uniformly mixed in the ration volumes of 1 partcement, 12 part lime putty, 4-1/2 parts sand, and shall conform to A.S.T.M 270. If plastic typecement is used the lime putty shall be omitted.6. Grout shall be fluid of consistency. Ratio by volume is one (1) part cement, three (3) partssand, two (2) parts pea gravel.7. Reinforcing steel shall be deformed bars conforming to A.S.T.M A615 40. Wire reinforcingshall conform to A.S.T.M A82.8. Expansion joints shall be impregnated felt conforming to A.S.T.M D1751 or as indicated onthe plans.9. Joint sealant shall be two (2) parts polysulfide sealant as manufacturered by thoikoi orapproved equal. Color to match paving color.10. Water shall be of potable quality.
GENERAL CONSTRUCTION NOTES
ORNAMENDTAL BOULDER SETTING1" = 1'-0"
1234
Finish grade.1Ornamental boulder. Size per plan. Bury boulder to a depth of 1/4 to 1/3overall boulder height. Set as directed by Landscape Architect.23" min. layer of crushed roack. Work boulder into crushed rock until solidllyset.3Conpacted subgrade.4 1P-OP-21002-02
Notes:1- See planting soil specifications for additionalrequirements.18-24" Backfill with site soil and lightlytamp in 6" lifts. Do not overcompact.SECTION VIEW
PLAN VIEW
4" +
10' min.
Existing soil.
Tree crown.Trench.Finished grade.
Root ball.Planting pit 3x's root ball.
SOIL MODIFICATION - RADIAL TRENCHING3P-OP-21002-08
1. Existing utilities- information on the drawings relating to existing utility lines and servicesfrom the best sources available. All such information is furnished only for information and isnot guaranteed. The Contractor shall excavate test pits as required to determine the exactlocation of existing utilities.Call utility locating service for precise utility locations before beginning of any work. UnderGround Services Alert 800. 227. 2600.2. Utility Requirements- The Contractor shall notify the following agencies at least 48 hours inadvance of excavating around any of their structures. The utility companies listed below shallbe contacted.- Gas Company- Telephone Company- Electrical Power Company- Cable Television Company- Water Supply CompanyThe California Public Utilities Commission mandates that in, in the interest of public safety,main line gas valves be maintained in a manner to be readily accessible and in goodoperating condition. The Contractor shall notify the gas company's headquarters planningoffice 48 hours prior to the start of construction.3. Contractor shall be responsible for making himself familiar with all underground utilities,pipes, and structures. Contractor shall take sole responsibility for any cost incurred due todamage of said utilities.4. All scaled dimensions on the drawings are approximate. Before proceeding with any work,the Contractor shall carefully check and verify all dimensions and quantities, and shallimmediately inform the Owner's Representative of any discrepancies between the informationon the drawings and the actual conditions refraining from doing any work in said areas untilgiven approval to do so by the Owner's Representative.5. The Contractor shall obtain and pay for all permits related to this section of the work unlesspreviously excluded under provision of the contract or general conditions. The Contractorshall comply with all laws and ordinances bearing on the operation of conduct of the work asdrawn and specified. If the contractor observes that a conflict exist between permitrequirements and the work outlined in the contract documents, the Contractor shall promptlynotify the Owner's Representative in writing including a description of any necessary changesand changes to the contract price resulting from changes in the work.6. Wherever references are made to standards or coded in accordance with which works is tobe performed or tested, the edition or revision of the standards and codes current on theeffective date of this contract shall apply, unless expressly set forth.7. In case of conflict among any referenced standards or codes or between any referencedstandards and codes and the specifications, the more restrictive standard shall apply orOwner's Representative shall determine which shall govern.8. Comply with the requirements for the California code of Regulation title 23 waters, division2 department of water resources chapter 2.7 model water efficient landscape ordinance,492.5 soil management report.a. Where the requirements of specification section Planting Soil are more stringent thanthe California code, the more stringent requirements shall prevail.9. The Contractor shall adequately protect the work, adjacent property, and the public, andshall be responsible for any damages or injury due to the Contractor's actions.10. The Contractor shall be responsible for any coordination with subcontractors as requiringto accomplish the soil preparation operations.11. Top soil, existing site soil and Planting Soil Mix testing; Submit soil test analysis report foreach sample of Topsoil, existing site soil and Planting Soil from an approved soil testinglaboratory.12. Submit all testing required by California code of Regulation title 23 waters, division 2department of water resources chapter 2.7 model efficient landscape ordinance, 492.5 soilmanagement report.13. Soil testing shall be at the expense of the Contractor. Copies of the soil test analysis alongwith receipts and delivery slips of recommended amendments shall be provided to theOwner's Representative.14. Contractor shall be aware of all surface and subsurface conditions, and to notify theOwner's Representative, in writing of any circumstances that would negatively impact thehealth of plantings. Contractor shall not proceed with work until corrected.a. Should subsurface drainage or soil conditions be encountered which would be detrimental to growth or survival of plant material, the Contractor shall notify the Owner's Representative in writing, stating the conditions and submit a proposal covering the cost of corrections. If the contractor fails to notify the Owner's Representative of such conditions, he/she shall remain responsible for the plant material under the warrantee clause of the specifications.15. Imported top soil shall be fertile, friable soil containing less than 5% total volume of thecombination of subsoil, refuse, roots larger than 1" diameter, heavy or stiff clay, stones largerthan 2 inches in diameter, noxious seeds, sticks, brush, litter, or any substances deleteriousto planter growth. The % of the above objects shall be controlled by source selection not byscreening the soil. Topsoil shall be suitable for the germination of seeds and the support ofvegetative growth. Imported Topsoil shall not contain weed seeds in quantities that causenoticeable weed infestation in the final planting beds.16. Compost shall be organic blended material, composted for a minimum of 9 months and attemperatures sufficient to break down all woody fibers, seeds and leaf structures, free of toxicand non-organic matter. Source material shall be yard waste trimmings blended with otherorganic material designed to produce Compost high in fungal material. a. Organic matter shall be commercially prepared compost and meet US CompostingCouncil STA/TMECC.17. Existing trees shall be protected and cared for as required in the details andspecifications.18. The Owner's Representative shall approve all rough grading prior to the installation oforganic matter, fine grading, and mulching.19. The Owner's Representative shall be informed of the progress of the work so the workmay be observed at the following key times in the construction process. The Owner'sRepresentative shall be afforded sufficient time to schedule visit to the site. Failure of theOwner's Representative to make field observations shall not relieve the Contractor frommeeting all the requirements in the plans, details and specifications.a. Pre - Construction meetingb. Existing soil conditions reviewc. Completion of site preparation reviewd. Completion of finished grading and surface soil modification review.20. If the work fails to pass inspection, any subsequent inspections must be rescheduled asrequired in the specifications. The cost to the Owner for additional inspections will be chargedto the Contractor at the prevailing hourly rate of the inspector.21. Contractor shall include in the bid continued maintenance (warranty) period of 1 year aftercompletion of construction and acceptance of the project by the Owner's Representative.
GENERAL PLANTING SOIL NOTES
Notes:1- Shrubs shall be of quality prescribed in the root observations detail and specifications.2- See specifications for further requirements related to this detail.
Loosened soil.Dig and turn the soilto reduce thecompaction to thearea and depthshown.3x's widest dimension of root ball.
Rootball.4" high x 8" wide round - topped soilberm above root ball surface shall beconstructed around the root ball.Berm shall begin at root ball periphery.Prior to mulching, lightly tamp soilaround the root ball in 6" lifts to braceshrub. Do not over compact. When theplanting hole has been backfilled, pourwater around the root ball to settle thesoil. 4" layer of mulch.No more than 1" ofmulch on top ofroot ball. (Seespecifications formulch).
Root ball rests onexisting orrecompacted soil.Slope sides ofloosened soil.Existing soil.Finished grade.
Shrub.
SECTION VIEWSHRUB - UNMODIFIED SOIL4P-OP-21002-01
Notes:1- Shrubs shall be of quality as prescribed in the root observations detail and specification.2- See specifications for further requirements related to this detail.
Shrub.
3x's widest dimension of root ball.
Rootball.Round - topped soil berm 4" high and 8"wide above root ball surface shall becentered on the downhill side of the rootball for 240°. Berm shall begin at root ballperiphery. 4" layer of mulch.No more than 1" ofmulch on top ofroot ball. (Seespecifications formulch).
Prior to mulching, lightly tamp soil aroundthe root ball in 6" lifts to brace shrub. Donot over compact. When the planting holehas been backfilled, pour water around theroot ball to settle the soil.Loosened the soil. Digand turn the soil toreduce thecompaction to thearea anddepth shown.
Original slope shouldpass through thepoint where the trunkmeets substrate/soil.Slope sides ofloosened soil.Bottom of root ballrests on existing orrecompacted soil.Existing soil.SECTION VIEWSHRUB ON SLOPE (5% TO 50%) - UNMODIFIED SOIL5P-OP-21002-06 REINFORCED CONCRETE CURB @ ACCESS ROADNotes:1-Provide score joints at 10'-0" o.c.2- Concrete shall be class b, 5 sackmix.3- Expansion joints shall be provided atcorners and every 30'-0" o.c. maximum. 4" - 8" Granite Rip Rap1/2" Tooled radius
Subrade compacted to 90%
3"3" layer of 3/4" Road base.Compacted in place to 95%6" min. #4 Rebar horizontal, continuous#4 Rebar horizontal, 12" o.c.1'-6" 1'-0"
P-OP-21002-282
210
8'-0"CLEAR
+/-18'-0"
6'-0" typ.
+ 5'-6"+ 3'-3"
+ 4'-6"+ 0'-0" TC+ 0'-0" TC+ 2'-3"
0'-0" TC +
0'-6" TC +
1'-0" TC +0'-6" TC +
1'-0" TC ++ 0'-6" TC+ 1'-0" TC+1'-0" TC0'-0" TC ++ 0'-0" TC 0'-0" TC++0'-0" TC0'-6" TC +
+1'-6" TC+ 1'-6" TC
PS-101Notes:1 - All quantities and amounts shown on the plans are best estimatesfor the benefit of the contractor. In fieldconditions may vary compared to what is shown on the plans.Therefore, it is the contractor 's responsibility toverify all lengths, square footages, and amounts prior to bidding theproject.2- Contractor shall verify site compaction using the Standard ProctorMethod prior to the beginning of work. If compaction rates are between75% - 85% only minimal modification shall occur. See soil modification- compacted surface soil detail.
SYMBOLDESCRIPTIONQTYModified Existing Soil - Compacted sub soil: Radial Trenching.6,961 sfFor planting areas greater than eight feet with soil compaction greaterthan 85% of Standard Proctor Method. See detail and specifications forfurther information.Certified Compost: 3" thick layer of compost shall be applied to each 92.03 cyindividual planting area and incorperated into the soil using the radialtrenching method.. Compost shall be certified by the U.S. CompostingCouncil`s STA Program. See specifications for further information.PS-101PS-102REFERENCE_NOTES_SCHEDULE Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.20230feet201" = 10'10304009
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - s.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CAPlanting Soils PlanL-45
211
6'-0" typ.
MBFBE1"1"112" 13.201"22.331"
Existing equipment to be maintained inplace. Contractor to verify workingorder and operation of system prior tostart of construction.NOTE:Contractor to upgrade all valve boxeswith Fibrelyte FL12T Tamperproofvalve box and lid assembly, orapproved equivalent. Install with lidsflush to adjacent concrete.C Irrigation sleeving under road has beenpreviously installed. Irrigation laterallines have also been stubbed fromirrigation valves to planting area.Contractor to verify viability of existingsleeving prior to start of work.
SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYSalco Irrigation SLV-PST-CV-2 Threaded Drip EmitterThreaded pressure compensating drip emitter with 1/2" (1.27cm)FIPT inlet and Diffuser Cap Outlet and Mulch Camo color. 0.5gph(1.8925lph); 1.0gph (3.785lph); 2.0gph (7.57lph); 4.0gph(15.14lph). See irrigation detail.96 Area to Receive Drip EmittersSalco Emitter by AreaSalco 1/2" threaded pressure compensating drip emitter. Model #SLV-PST-CV-2. See irrigation detail.1,834 s.f.Emitter Notes:2.0 GPH emitters (1 assigned to each 1 gal plant)2.0 GPH emitters (1 assigned to each 5 gal plant)4.0 GPH emitters (2 assigned to each 15 gal plant)SYMBOLMANUFACTURER/MODEL/DESCRIPTIONQTYHunter ICV-G 1"1", 1-1/2", 2", and 3" Plastic Electric Remote Control Valves,Globe Configuration, with NPT Threaded Inlet/Outlet, forCommercial/Municipal Use.2 LASCO Fittings TUBV-SC1", 1-1/2", 2", and 3" Plastic Full Block True Union Ball Valve.Shut Off/Isolation Valve to Eliminate Water Hammer. Install samesize as mainline. See irrigation detail.2 Watts Water Hammer ArrestorWatts 1" lead free water hammer arrestor model # LF15M2-FInstall per manufacturer`s specifications and recommendations.See irrigation detail.1 Zurn 375 XLB 1"Reduced Pressure Principle Assembly. 1" Install permanufacturer`s specifications and recommendations. Seeirrigation detail.1 Hunter NODE-BT-2002-Station Bluetooth Controller, Outdoor, Battery Powered.1 Baseline BL-BHM150-NO 1-1/2"Baseline 1-1/2" Metal Hydrometer with with Integrated Flow andMaster Valve Decoder, Normally Open, Male Threaded. Install permanufacturer`s specifications and recommendations. Seeirrigation detail.1 Strong Box SBBC-30CRLow profile, tube and wire construction smooth touch surface, coldrolled steel, backflow enclosure. 31.5"L, 28"H, 17.75"W (80.01cmL, 71.12cm H, 45.085cm W). See irrigation detail.1 Water Meter 1"1 Irrigation Lateral Line: PVC Class 200 SDR 21 (Shrubs) 1"See irrigation detail.419.3 l.f.Irrigation Lateral Line: PVC Class 200 SDR 21 (Trees) 1"See irrigation detail.759.7 l.f.Irrigation Mainline: PVC Schedule 40 (Mainline)See irrigation detial.6.9 l.f.Irrigation Mainline: PVC Schedule 40 (Mainline) 1 1/2"See irrigation detial.63.6 l.f.Pipe Sleeve: PVC Schedule 40Standard pipe sleeve for irrigation pipe. Pipe sleeve shall be twotimes the diameter of pipe being sleeved. Irrigation mainline,lateral lines, and wire shall all be in separate sleeves.86.5 l.f.
BFCBEM
IRRIGATION SCHEDULE
Notes:1- The system indicated on the drawing is diagrammatic. All equipment shown in paved areas is diagrammatic. All equipmentshall be located in planting areas. Avoid any conflicts between the irrigation system, planting, or architectural features.2- All quantities and amounts shown on the plans are best estimates for the benefit of the contractor. In field conditions mayvary compared to what is shown on the plans. Therefore, it is the Contractor's responsibility to verify all lengths, squarefootages, and amounts prior to bidding the project.3- Contractor shall verify point of connection and minimum static pressure prior to commencing of work. Any discrepanciesshall be brought to the attention of the Owner and Landscape Architect prior to starting work.4- All irrigation wire shall be installed in Sch. 40 electrical conduit unless otherwise noted. Contractor to bid the projectassuming the use of electrical conduit. If electrical conduit is not used the contractor shall submit the credit back to the owner.5- All connections on mainline pipes larger than four inches (4") in size shall be made using steel fittings. All connections off ofthe irrigation mainline to irrigation valves shall be made using saddles. Install per manufacturer's specifications andrecommendations.6- Certificate of Installation shall be required for the irrigation controller system. It is the responsibility of the Contractor tocoordinate inspections with the irrigation controller service provider.7- Irrigation plans were designed in accordance with CA AB 1881; the Model Water Efficient Landscape Ordinance. It is theresponsibility of the Irrigation Contractor to adhere to that ordinance. Any portion of the irrigation systems installation thatcomes into conflict with the state ordinance shall be immediately brought to the attention of the Owner and LandscapeArchitect. In the event that notification does not occur, the Irrigation Contractor assumes any and all responsibility for changesto the work which must be done in order to meet compliance.
Irrigation PlanL-56
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.20230feet201" = 10'10304009
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - i.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CA
212
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.202309
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - id.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CAIrrigation DetailsL-67
1. Existing utilities- information on the drawings relating to existing utility lines and servicesfrom the best sources available. All such information is furnished only for information and isnot guaranteed. The Contractor shall excavate test pits as required to determine the exactlocation of existing utilities.Call utility locating service for precise utility locations before beginning of any work. UnderGround Services Alert (800) 227 - 2600.2. Utility Requirements- The Contractor shall notify the following agencies at least 48 hours inadvance of excavating around any of their structures. The utility companies listed below shallbe contacted.- Gas Company- Telephone Company- Electrical Power Company- Cable Television Company- Water Supply CompanyThe California Public Utilities Commission mandates that in, in the interest of public safety,main line gas valves be maintained in a manner to be readily accessible and in goodoperating condition. The Contractor shall notify the gas company's headquarters planningoffice 48 hours prior to the start of construction.3. Contractor shall be responsible for making himself familiar with all underground utilities,pipes, and structures. Contractor shall take sole responsibility for any cost incurred due todamage of said utilities.4. Irrigation piping and related equipment are drawn diagrammatically. Scaled dimensions areapproximate only. Before proceeding with work, carefully check and verify dimensions andimmediately notify the Owner's Representative of discrepancies between the drawings orspecifications and the actual conditions. Although sites and locations of plants and or irrigationequipment are drawn to scale wherever possible, it is not within the scope of the drawings toshow all necessary offsets, obstructions, or site conditions. The Contractor shall beresponsible to install the work in such a manner that it will be in conformance to siteconditions, complete, and in good working order.5. The Contractor shall obtain and pay for all permits related to this section of the work unlesspreviously excluded under provision of the contract or general conditions. The Contractorshall comply with all laws and ordinances bearing on the operation of conduct of the work asdrawn and specified. If the contractor observes that a conflict exist between permitrequirements and the work outlined in the contract documents, the Contractor shall promptlynotify the Owner's Representative in writing including a description of any necessary changesand changes to the contract price resulting from changes in the work.6. Wherever references are made to standards or coded in accordance with which works is tobe performed or tested, the edition or revision of the standards and codes current on theeffective date of this contract shall apply, unless expressly set forth.7. In case of conflict among any referenced standards or codes or between any referencedstandards and codes and the specifications, the more restrictive standard shall apply orOwner's Representative shall determine which shall govern.8. Comply with the requirements for the California code of Regulation title 23 waters, division2 department of water resources chapter 2.7 model water efficient landscape ordinance,492.3 water efficient landscape worksheet, 492.7 irrigation design plan and irrigationscheduling.a. Where the requirements of specification section Irrigation are more stringent thanthe California code, the more stringent requirements shall prevail.9. The Contractor shall adequately protect the work, adjacent property, and the public, andshall be responsible for any damages or injury due to the Contractor's actions.10. The Contractor shall be responsible for any coordination with subcontractors as requiringto accomplish the irrigation installation operations.11. It is the responsibility of the Contractor to be aware of all surface and sub - surfaceconditions, and to notify the Owner's Representative, in writing, of any circumstances thatwould negatively impact the installation of the work. Do not proceed with work untilunsatisfactory conditions have been corrected.12. Before final acceptance of work, the Contractor shall provide a record set of drawingshowing the irrigation system works as built. The drawings shall be transmitted to the Owner'sRepresentative in paper format and as a pdf file of each document on compact disk or flashdrive. The drawing shall include all of the information on the original document and revised toreflect all changes in the work. See specification section Irrigation for further information.13. Contractor shall prepare and deliver to the Owner's Representative within ten calendardays prior to completion of construction, two 3 - ring binders, of Operation & Maintenancemanuals. See specification section Irrigation for further information.14. Existing trees shall be protected and cared for as required in the details andspecifications.15. The Owner's Representative shall be informed of the progress of the work so the workmay be observed at the following key times in the construction process. The Owner'sRepresentative shall be afforded sufficient time to schedule visit to the site. Failure of theOwner's Representative to make field observations shall not relive the Contractor frommeeting all the requirements in the plans, details and specifications.a. Pre - Construction meeting.b. Trenching and sleeving review.c. Pressure mainline test.d. Adjustment and coverage test.e. Pre - maintenance observation.f. Final site observation and acceptance.16. If the work fails to pass inspection, any subsequent inspections must be rescheduled asrequired in the specifications. The cost to the Owner for additional inspections will be chargedto the Contractor at the prevailing hourly rate of the inspector.17. Contractor shall include in the bid continued maintenance (warranty) period of 1 year aftercompletion of construction and acceptance of the project by the Owner's Representative.18. Pipe sizes shall conform to those shown on the plans with no smaller substitutions. Largersize pipe substitutions may be approved.19. After completion and prior to the installation of any terminal fittings, the entire pipelinesystem shall be thoroughly flushed to remove dirt, debris, and other material.20. The irrigation design is based on a minimum operating pressure of 40 PSI and amaximum demand of 1 GPM on valve #1 for the point of connection. The Contractor shallverify water pressure prior to installation. Any difference between the pressure indicated onthe plans and that at the actual point of connection shall be brought to the attention of theOwner's Representative immediately.21. A 120 volt electrical power outlet at the irrigation controller location shall be provided bythe Contractor. It shall be the responsibility of the Contractor to make the final hook up fromthe electrical outlet to the irrigation controller.22. Irrigation between the hours of 10:00 pm and 6:00 am only. Watering outside this timeframe must be done manually with qualified supervisory personnel on-site. No system shall beleft unattended during use outside the normal schedule.23.The irrigation plans have designed in accordance with the state model water efficientlandscape ordinance (MWELO). It is the Contractors responsibility to adhere to therequirements and regulations of that ordinance during the installation of the landscape designplan. During the installation of the irrigation design plans, any portion which comes intoconflict with MWELO shall be brought to the attention of the Owner/Owner's Representative.In the event that notification does not take place, the Contractor assumes responsibility for allnecessary changes and work in order to meet compliance.
GENERAL IRRIGATION NOTESBackflowprevention device.(See theirrigation plans for make and model).Install the device per the local waterpurveyor's standards and specifications. 4"Galvanized union.Brass ball valve.Threaded galvanizednipple.Galvanized ninetydegree (90°) elbow.Wrap 20 mil tapetwice around allgalvanized pipe underfinished grade andthrough the concrete. 12" min.or per localcodes.Galvanized nipple.4" thick concrete pad, 1" above finishedgrade. See backflow cage detail.
Concrete thrustblocks required onbackflow devices 2.5"and larger.Galvanized coupling.Galvanized nipple.
Note:1- Install per the City of Clovis standard details and specifications. See detail W-192- All assembly parts (threaded nipples, fittings, etc.) shall be galvanized or brass per local codes and requirements.3- Galvanized nipple shall extend 12" past the edge of the concrete footing.4- Sch. 80 PVC male adapter shall be used in connection from galvanize to the mainline.5- Backflow prevention device shall be located as close as possible to the landscape meter.6- Backflow prevention device shall be located in planting area unless approved by Owner's Representative.7- See detail for backflow cage installation.8- All backflow prevention devices shall have freeze blanket included upon installation.9- All galvanized connections shall to be made using pipe thread sealant. All Sch. 80 PVC to galvanized connections to be made using teflon tape.
Sch. 80 PVC maleadapter.Flow
BACKFLOW PREVENTION DEVICE1P-OP-21002-15
FLOW
Notes:1- Install backflow cage per manufacturer's specifications and recommendations.2- See backflow prevention device detail for reference.2- Lock box shall be located above concrete footing3- Contractor shall provide a lock as approved by the Owner's Representative.
Backflow prevention device. (See irrigationlegend for make and model).Backflow cage. (See irrigation legend formake and model).Lock box.Finished grade.4" thick concretefooting 1" abovefinished grade.3" typ.6" typ.Backflow cage.4" thickconcrete footing.Backflow cage.Concrete footing.PLAN VIEWEND VIEW
SECTION VIEW
BACKFLOW CAGE2P-OP-21002-14Threaded ball valve. (Seeirrigation legend for make and model).Sch. 80 PVC male adapter.Finished grade.
Notes:1- Locate valve boxes in planting areas.2- Wrap valve box with a minimum of 3 mil thick plastic and secure it using duct tape or electrical tape.3- All threaded connection to be made using teflon tape.4- All changes in elevation shall be made using Sch. 40 PVC 45° elbows. 6" min12" max.Sch. 40 PVC 45° elbow.Four (4) 4" x 8" bricks.
Pavement.
Sch. 80 PVC union SxS.Sch. 80 PVC nipple TxS.Mainline.38" welded wire mesh.
Rectangular valve box withlocking lid.
BALL VALVE 3" OR SMALLER
Three inch (3") layerof pea gravel.
3P-RE-MUL-15006-17
NOTES:1- See irrigation legend for mainline and lateral line pipe size and type.2- Direct burial control wires shall be installed in Sch. 40 PVC electrical conduit if required.3- 2-wire irrigation wire shall be installed in 1-1/2" Sch. 40 PVC electrical conduit.4- Detectable locator tape shall be located six inches (6") above the entire mainline run.Direct burial low voltagecontrol wires.
Pavement.24" min.1'-0"In planting area
1'-6" in planting area3'-0" underneath pavementNon-pressurized line (lateral line).Detectable locator tape.Pressurized line (mainline). 6"
Finished grade.
IRRIGATION TRENCHING5P-OP-21002-16Pavement.Base rock.
3'-0"
Notes:1- See irrigation legend for mainline size and type.2- All sleeves shall be Sch. 40 PVC pipe.3- All sleeves shall extend 12" beyond the edge of pavement.4- End of sleeves shall be located with a wooden stake or PVC pipe. Locators shall run continuously from the end of the sleeve to finished grade.
Clean backfill, 95% relative compactionunder paving or per civil engineer's plans.Control wires, sleeve under paving. Installadjacent to pressurized mainline. Bundleshall be no more than 50% of pipe diameter.Mainline, sleeve under paving to be twotimes the diameter of the pressurizedmainline pipe.Non-pressurized line, sleeve under paving tobe two times the diameter of the lateral line.
PIPE AT PAVEMENT6P-OP-21002-17
1'-0"1'-0"1'-0"1'-0"
BV
ICV
SA
QCV
GR
Jumbo rectangularvalve box(22" x 16" x 12")Standardrectangularvalve box(18" x 12" x 12") 1'- 0"Typ.Water typeControllerDesignationBox sizeLid Color # 1# 2# 3# 4# 5
Identification GuidePWPWPWPWPWPWPWPWPWPWPWPWPW
AAAAAAAAAAAAA
MVFSHMBVBVGVARVQCVRCVMSGRSBFC
# 2# 2# 2# 2# 1# 2# 2# 4# 2# 2# 5# 4# 2
GrayGrayGrayGrayGrayGrayGrayGreenGrayGrayGreenGreenGray Master valveFlow sensorHydrometerBall valve 3" or lessBall valve 4" or moreGate valveAir release valveQuick coupler valveRemote control valveMoisture sensorGrounding rodSplice boxFuture connection EXAMPLEPotable water system on Controller 'A', Remote control valvestation # 3.
PLAN VIEWPavement,wall, orbuilding.
Notes:1- Valve box # 1 shall be Fibrelyte FL30, with FL30T lid. Valve box # 2 thru # 3 shall be Fibrelyte FL12 box with FL12T lid2- Valve box # 1 thru # 4 shall have Oldcastle Vandel Resistant Bolts, stainless steel locking hardware.3- Valve boxes shall be labeled by hot iron branding or aluminumasphaltic base water proof paint.4- Locate valve assemblies in planting area.5- Valve locations shall be approved by the Owner's Representativeprior to installation.6- Valve boxes shall be centered above valve assemblies tofacilitate access and maintenance.7- Valve boxes shall be flush with finished grade.8- Valve boxes shall be set parallel to each other and perpendicularto the edge of pavement.9- See other irrigation details for further information.
Standardrectangularvalve box(18" x 12" x 24")Circularvalve box(10" D)Circularvalve box(6" D) PWASA# 3GraySurge ArrestorVALVE BOX LAYOUT - COV TRAILS4I-MI-12 213
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.202309
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - id.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CAIrrigation DetailsL-67
FLOWNotes:1- Flow sensor shall be of make and model as recommended by the controller manufacturer.2- Flow sensor wire shall be per manufacturer's specifications.3- Master valve wire shall be direct burial 14 AWG wire (or larger). Color: black.4- All wire runs shall be continuous without any splices.5- See master valve detail and flow sensor detail for further information.6- Flow run pipe shall be reduced down one (1) pipe size as indicated.Example3" mainline = 2-1/2" flow run2-1/2" mainline = 2" flow run2" mainline = 1-1/2" flow run 10 x diameter of pipe.5 x diameter of pipe.Mainline pipe fromfrom backflowprevention device.Master valve.Mainline pipe toirrigation system.Sch. 40 PVCcoupling.Sch. 40 PVCreducer.
Flow run.Flow sensor.
MASTER VALVE & FLOW SENSOR LAYOUT1P-OP-21002-23
FLOW
Notes:1- Master valve shall be make and model number as prescribed per the controllermanufacturer's specifications.2- Install master valve per manufacturer's specifications and recommendations.3- Master valve wire shall be 14 AWG or larger. Color: black.4- All wire runs shall be continuous without any splices. Wire connections shall bemade using DBR-Y/6 connectors or approved equal.5- Wrap valve box with min. 3 mil. thick plastic and secure it to the valve boxusing duct tape or electrical tape.6- See master valve/ flow sensor detail for linear dimensions.7- Valve boxes shall be located in planting areas.
Rectangular valve box withlocking lid.Mainline to flow sensor.Sch. 80 PVC union.Sch. 40 PVC 45 ° elbow.Irrigation mainline. (Seeirrigation legend for sizeand class).Finished grade.
Sch. 80 PVC male adapter.Master valve. (See irrigationlegend for make and model).Three inch (3") thick layer ofpea gravel or approved equal.38" welded wire mesh.
Control wires with twelveinch (12") min. expansioncoil. 6"-8"Four (4) 4" x 8" bricks.
MASTER VALVE2P-OP-21002-21
FlowNotes:1- Flow sensor make and model number shall be per controller manufacturer'sspecifications and recommendations. (See irrigation plans).2- Flow sensor wire shall be per the controller manufacturer's specifications.3- Install flow sensor per manufacturer's specifications and recommendations.4- All wire runs shall be continuous without any splices. Wire connections shall be madeusing DBR/Y-6 connectors or approved equal.5- Valve box shall be wrapped with a min. of three (3) mil thick plastic and secure it tothe valve box using duct tape or electrical tape.6- See master valve/flow sensor detail for linear dimensions.
Rectangular valve box with locking lid.Irrigation valve wires with a twelve inch(12") min. expansion coil.Finished grade.Sch. 40 PVC reducer bushing.Four (4) 4" x 8" bricks.Mainline pipe from mastervalve. (See master valve/flow sensor detail formainline pipe size).
Flow sensor. (See irrigation plans formake and model).Three-eight's inch (38") welded wiremesh.Three inch (3") thick layer of peagravel or approved equal.
Sch. 40 PVC 45° elbow.
FLOW SENSOR 3P-OP-21002-24
24" min.
Note:1- Valve boxes shall be located in planting areas.2- Splices shall only be made at electrical pull boxes.3- Low voltage wires under roadways must be in continuous conduit with 90° Sch. 40 PVC sweeps terminating in pull boxes.4- All wire connections shall be made using DBR/Y-6 connectors or approved equal.5- Valve box shall be wrapped with minimum 3 mil. thick plastic and secure it using duct tape or electrical tape.
Pavement.Circular valvebox with locking lid.Water proof wire connectors.Controller wires with 24" min. expansioncurls.Finished grade.38" welded wire mesh.Four (4) 4" x 8" bricks.Direct burial (low voltage)irrigation controller wires.
SPLICE BOX4P-OP-21002-20MINIMUM BEARING SURFACE AREAPIPE SIZETEE AND PLUG90° BEND45° BEND1-1/2"0.45 FEET ²0.63 FEET ²0.34 FEET ²2"0.69 FEET ²2-1/2"1.0 FEET ²3"1.48 FEET ²4"2.43 FEET ²6"5.25 FEET ² 8"9.08 FEET ²10"14.93 FEET ²0.97 FEET ²1.41 FEET ²2.10 FEET ²3.45 FEET ²7.41 FEET ²12.83 FEET ²21.07 FEET ²0.53 FEET ²0.77 FEET ²1.14 FEET ²1.87 FEET ²4.02 FEET ²6.96 FEET ²11.44 FEET ² Notes:1- Size thrust blocks shall be specified as show in the table above.2- Control wires shall not be encased in concrete.3- All fittings shall be wrapped with polyethylene to prevent concrete from adhering to pipe, fittings or bolts.4- Joints and bolts shall be accessible for repairs.5- Thrust blocks shall be a minimum of 6" thick.6- One 80 lbs. sack of concrete shall cover .6 ft.³ Bearing surface.
Bearing surface.Existing or modified soil. (See specifications forsoil modification).
THRUST BLOCKS5P-OP-21002-18
Note:1- Common wire and controller wire shall be direct burial 14 AWG or larger. Color: Common (white), controller wire for turf (blue), and controller wire for shrubs(red).2- All wire runs shall be continuous without any splices unless approved by the Owner's Representative. See splice box detail. Wire connections shall be madeusing DBR/Y-6 connectors or approved equal.3-Valve box shall be wrapped with min. 3 mil thick plastic and secured using duct tape or electrical tape.4- Mainlines 4" or larger shall use saddles at the connection points to the irrigation valve. (See specifications for irrigations saddles).5- All Sch. 80 PVC to Sch. 40 PVC threaded connections shall be made using teflon tape.6- Valve boxes shall be located in planting areas.
Rectangular valvebox with locking lid.Remote control irrigation valve. (Seeirrigation plans for size and model).Controller wires with 12" min. expansioncurls.Finished grade.
Common wires.Four (4) 4" x 8" bricks.Sch. 80 PVC male adapter.Sch. 80 PVC tru-unionball valve.Sch. 40 PVC 90° elbow.38" welded wire mesh.Sch. 40 PVC pipe.Sch. 40 or 80 PVC tee or elbow. (Seeirrigation plan mainline size and type).
Plastic tag with valve station number ID.
Valve wire.Sch. 80 PVC male union.Mainline. (See irrigation plans for size and type).
Pavement.24" min.4"- 8"
REMOTE CONTROL VALVE
Three inch (3") thick layer of pea gravel.
6P-OP-21002-22
1" BASKET DRIP FILTER/PRESSURE REGULATOR
Round lockingvalve box.Finished grade.1" Basket filter/pressureregulator. See irrigationlegend for make andmodel #.1" Sch. 80 threadedunion.1" Sch. 80 maleadapter.Lateral line pipeto the remote controlirrigation valve.See irrigation plans forpipe size.4" x 8" bricks.14" stainless steel mesh. Three inch thick(3") pea gravel.Notes:1- Contractor shall threaded fittings with no more than two (2) wraps of teflon tape or monster tape.2- Prior to the installation of the drip filter/pressure regulator, the Contractor shall flush the lines a minimum of two (2) times to remove all glue, tapeand/or debris from the mainline and lateral lines.3- After the installation of the drip filter/pressure regulator, the Contractor shall cap all lateral lines downstream of the filter and pressurize the irrigationsystem and verify there are no leaks or breaks. 3" - 4" typ.
7P-OP-21002-13
18" min.PLAN VIEW
SECTION VIEW
Pressure compensating bubbler shall beset 1" above finished grade. (Seeirrigation legend for make and model).Hunter 12" x 12" swing joint.Finished grade.Sch. 40 PVC 90° elbow slip to thread.Lateral line irrigation. (See irrigationplans for sizing).
Sch. 40 PVC 90° elbow slip to thread.Sch. 40 PVC Tee or 90° elbow.Edge of root ball.Existing or modified soil. (Seespecifications for soil modification).Lateral line irrigation. (See irrigationplans for sizing).Notes:1- All irrigation fittings shall be Sch. 40 PVCunless specified otherwise.2- All threaded connections from Sch. 40 toSch. 80 PVC shall be made using teflontape.3- Contractor shall settle the area around thebubbler and edge of the root ball so thatall irrigation flows through the root ball.
Edge of root ball. Settle backfill so thatirrigation flows through the root ball.
Swing joint. See detail.
BUBBLER ON ROOT BALL LAYOUTP-OP-21002-108
Notes:1- All irrigation fittings shall be Sch. 40 PVC unless specified otherwise.2- All threaded connection from Sch. 40 to Sch. 80 PVC shall be made using teflon tape.3- Contractor shall settle soil around the bubbler and swing joint prior after installation.
Pressure compensating bubbler shallbe one inch (1") above finished grade.(See irrigation legend for make andmodel number).
Swing joint. See detail.Finished grade.
Sch. 40 PVC tee or elbow.Lateral line. (See irrigation plans forclass and size).BUBBLER ON SWING JOINT9P-OP-21002-11 214
6'-0" typ.
SHRUBSBOTANICAL NAMECOMMON NAMESIZETYPEWUCOLSCA NATIVEQTY Agave franzosiniiNCN15 galEvergreenVery LowNo6 Agave parryi `Truncata`Parry`s Agave5 galEvergreenVery LowNo14 Agave x `Blue Glow`Blue Glow Agave5 galEvergreenVery LowNo11 Aloe marlothiiMountain Aloe15 galEvergreenVery LowNo8 Aloe salm-dyckianaNCN5 galEvergreenVery LowNo12 Arctostaphylos x `Pacific Mist`Pacific Mist Manzanita5 galEvergreenVery LowYes40 Caesalpinia mexicanaMexican Bird of Paradise5 galDeciduousVery LowNo8 Dasylirion wheeleriGrey Desert Spoon15 galEvergreenVery LowNo5 Muhlenbergia dubiaPine Muhly1 galEvergreenLowNo39 Salvia Leucantha 'Santa Barbara'Santa Barbara Sage1 galEvergreenLowNo28
PLANT SCHEDULE
Notes:1- Graphic symbols take precedence over written quantities. Contractor to verify total quantities.2- Plant quality shall be as prescribed in the details and specifications. Any plant not meeting such requirementshall be removed from the site and replaced at no cost to the Owner or Landscape Architect.3- All quantities and amounts shown on the plans are best estimates for the benefit of the Contractor. In fieldconditions may vary compared to what is shown on the plans. Therefore, it is the Contractor 's responsibility toverify all lengths, square footages, and amounts prior to bidding the project.
Houston Roundabout @ Santa FeSheet of Date: Scale: Project:Urban Tree Foundation1512 W. Mineral KingAve. Visalia, Ca 93291559-713-0631www.urbantree.orgDrawing DescriptionDate 210022.7.20230feet201" = 10'10304009
\\tysons-mac-mini\urban tree foundation\21\21002 - santa fe roundabout @ houston\Land\CD's\CD_01\21002 - p.dwg07.02.2023bygregmendonsa 1" = 10'Visalia, CAPlanting PlanL-89
1. Existing utilities- information on the drawings relating to existing utility lines and services from the best sources available. All such information is furnished only for information and is not guaranteed. TheContractor shall excavate test pits as required to determine the exact location of existing utilities.Call utility locating service for precise utility locations before beginning of any work. Under Ground Services Alert 800. 227. 2600.2. Utility Requirements- The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below shall be contacted.- Gas Company- Telephone Company- Electrical Power Company- Cable Television Company- Water Supply CompanyThe California Public Utilities Commission mandates that in, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition. The Contractorshall notify the gas company's headquarters planning office 48 hours prior to the start of construction.3. Contractor shall be responsible for making himself familiar with all underground utilities, pipes, and structures. Contractor shall take sole responsibility for any cost incurred due to damage of said utilities.4. All scaled dimensions on the drawings are approximate. Before proceeding with any work, the Contractor shall carefully check and verify all dimensions and quantities, and shall immediately inform the Owner'sRepresentative of any discrepancies between the information on the drawings and the actual conditions refraining from doing any work in said areas until given approval to do so by the Owner's Representative.5. The Contractor shall obtain and pay for all permits related to this section of the work unless previously excluded under provision of the contract or general conditions. The Contractor shall comply with all laws andordinances bearing on the operation of conduct of the work as drawn and specified. If the contractor observes that a conflict exist between permit requirements and the work outlined in the contract documents, theContractor shall promptly notify the Owner's Representative in writing including a description of any necessary changes and changes to the contract price resulting from changes in the work.6. Wherever references are made to standards or coded in accordance with which works is to be performed or tested, the edition or revision of the standards and codes current on the effective date of this contractshall apply, unless expressly set forth.7. In case of conflict among any referenced standards or codes or between any referenced standards and codes and the specifications, the more restrictive standard shall apply or Owner's Representative shalldetermine which shall govern.8. The Contractor shall adequately protect the work, adjacent property, and the public, and shall be responsible for any damages or injury due to the Contractor's actions.9. The Contractor shall be responsible for any coordination with subcontractors as requiring to accomplish the planting operations.10. Contractor shall be aware of all surface and subsurface conditions, and to notify the Owner's Representative, in writing of any circumstances that would negatively impact the health of plantings. Contractor shallnot proceed with work until corrected.a. Should subsurface drainage or soil conditions be encountered which would be detrimental to growth or survival of plant material, the Contractor shall notify the Owner's Representativein writing, stating the conditions and submit a proposal covering the cost of corrections. If the contractor fails to notify the Owner's Representative of such conditions, he/she shall remainresponsible for the plant material under the warrantee clause of the specifications.11. Irrigation and site preparation work shall be completed and accepted prior to the installation of any plants.a. Planting operations shall not begin until such time that the irrigation system is completely operational for the areas to be planted, and the irrigation system for that area has been preliminarily inspected andapproved by the Owner's Representative.12. The Owner's Representative shall be informed of the progress of the work so the work may be observed at the following key times in the construction process. The Owner's Representative shall be affordedsufficient time to schedule visit to the site. Failure of the Owner's Representative to make field observations shall not relive the Contractor from meeting all the requirements in the plans, details and specifications.a. Pre - Construction meeting.b. Site conditions prior to the start of planting.c. Plant quality.d. Completion of planting.13. If the work fails to pass inspection, any subsequent inspections must be rescheduled as required in the specifications. The cost to the Owner for additional inspections will be charged to the Contractor at theprevailing hourly rate of the inspector.14. Contractor shall include in the bid continued maintenance (warranty) period of 01 year after completion of construction and acceptance of the project by the Owner's Representative.15. Submit to the Owner's representative, for approval, plant sources including the names and locations of nurseries proposed as sources of acceptable plants, and a list of the plants they will provide. The plant listshall include the botanical and common name and the size at the time of selection. Inspect all nursery materials to determine that the materials meet the requirements of the specification.16. Plant grower certificates: Submit plant growers certificates for all plants indicating that each plant meets the requirements of the specifications and details, including, the requirements tree quality, to the Owner'sRepresentative for approval. Provide submittal eight weeks before the installation of plants.17. Any plant replacements shall be of the same type and quality as prescribed in these plans, details and specifications.18. Mulch shall be 3/8" California Gold Rock Mulch available from West Coast Sand & Gravel. 19. The landscape plans have designed in accordance with the state model water efficient landscape ordinance (MWELO). It is the Contractors responsibility to adhere to the requirements and regulations of thatordinance during the installation of the landscape design plan. During the installation of the landscape design plan, any portion which comes into conflict with MWELO shall be brought to the attention of theOwner/Owner's Representative. In the even that notification does not take place, the Contractor assumes responsibility for all necessary changes and work in order to meet compliance.
GENERAL PLANTING NOTES
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0136 Agenda Date: 5/1/2023 Agenda #: 10.
Agenda Item Wording:
Authorize the City Manager to amend and increase the existing Uniform and Laundry contract (C22056) awarded to Unifirst Corporation in the amount of $23,700 per year by $29,100, to a total not to exceed of $52,800 per year. The remaining term on the existing contract consists of four (4) one-year renewals.
Deadline for Action: None
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 713-4533 Nick Bartsch, Public Works Director, [email protected], 713-4052
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to amend and increase the existing Uniform and Laundry contract (C22056) awarded to Unifirst Corporation in the amount of $23,700 per year by $29,100, to a total not to exceed of $52,800 per year. The remaining term on the existing contract consists of four (4) one-year renewals, with possible Consumer Price Index (CPI) increases in the following four years.
Background Discussion:
In late 2021, the City of Visalia Purchasing Department advertised RFB 21-22-15 for the annual contract for Uniform and Laundry Services. On February 2, 2022, City Council authorized the City Manager to award a one-year contract with four (4) one-year renewals to Unifirst Corporation for uniform and laundry service at the rate of $455.12 per week, comprised of a price per garment, and estimated quantities of each.
Shortly after fitting and equipping all departments with the new supplier, staff discovered that the calculated contract amount was not enough to cover the estimated annual cost. The calculated and awarded contract amount was too low due to a miscalculation by staff regarding the quantity of uniforms billed per week.
Standard practice in the uniform industry is such that each City employee is issued eleven (11) of each garment of which the City is charged a weekly rental fee. This service provides for the ability for five (5) garments to be picked up once per week for laundering while the other five (5) are delivered for use, with one extra uniform for emergencies. Instead, staff only considered the amount needed to be laundered each week and did not consider that the industry standard is to bill for the total set of rented garments (eleven) per employee, per week. Therefore, the executed contract amount was less than needed. Fortunately, because the bids were submitted with per item costs, the Visalia City Council Printed on 4/28/2023Page 1 of 3
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quantity increase needed would not affect the overall bid determination. The low bidder would not have been affected; only the awarded contract amount.
Fiscal Impact:
The total amount of the contract awarded to Unifirst Corporation was $23,700 annually, based on an estimated $455.12 weekly, rounded to the nearest hundred. This was based on the 143 employees that were estimated at the time to need uniform service. Currently, the City is being billed for 184 employees. Due to growth within certain departments, the proposed increase not only adjusts the quantity of garments per employee, but also accounts for the increase in the number of employees needing service. The increase being requested is based on 190 employees to allow for additional growth. The amounts billed will be based on actual quantities serviced.
Considering the calculation error of 5 garments per week versus the 11 that are required, and the increase of employees utilizing the uniform contract, Figure A below shows the increase needed to the existing contract:
ITEM
ORIGINAL
ESTIMATED
QUANTITY
per week
ORIGINAL
ITEM COST
per week
ORIGINAL
TOTAL COST
per week
NEW
ESTIMATED
QUANTITY
per week
ORIGINAL
ITEM COST
per week
NEW TOTAL
COST per
week
INCREASE
NEEDED
DC Blend Pant 555 $0.20 $111.00 1595 $0.20 $319.00 $208.00 DC Blend Shirt 530 $0.15 $79.50 1595 $0.15 $239.25 $159.75 100% Cotton Pant 160 $0.24 $38.40 495 $0.24 $118.80 $80.40 100% Cotton Shirt 155 $0.20 $31.00 495 $0.20 $99.00 $68.00 Coverall, Cotton/Synthetic 60 $0.32 $19.20 154 $0.32 $49.28 $30.08 Coverall, 100% Cotton 20 $0.37 $7.40 55 $0.37 $20.35 $12.95 Total Increase Needed per week $559.18
Total Increase Needed to Annual Contract$29,077.36
*Items listed in the table above only include the items needing a quantity increase therefore affecting the overall net cost.
The costs for these services are paid out of the operating budgets within the various funds for each department/division for which the services are being rendered as outlined in RFB No. 21-22-15.
These amounts are already included in the operating budgets of the various departments and are approved through the normal budget process.
After the increase amendment, the total cost for the first year will be $52,800 as shown in the figure below:
Original Contract Amount $23,700.00
Increase Amendment Amount $29,100.00
Total Annual Contract $52,800.00
The remaining contract term consists of four (4) 1-year renewals. The total 5-year cost, with estimated CPI increases in the following four years, is shown in the following figure:
Current Fiscal Year $52,800.00
FY 23/24 $54,384.00
FY 24/25 $56,015.52
FY 25/26 $57,695.99
FY 26/27 $59,426.87
Total 5 Year Cost $280,322.37
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Current Fiscal Year $52,800.00
FY 23/24 $54,384.00
FY 24/25 $56,015.52
FY 25/26 $57,695.99
FY 26/27 $59,426.87
Total 5 Year Cost $280,322.37
*Assumes an estimated 3% annual CPI increase.
Prior Council Action: February 22, 2022 - City Council authorized the City Manager to award a one- year contract with an additional possible four 1-year renewals to Unifirst Corporation per specifications of RFB 21-22-15.
Other: N/A
Alternatives: Alternative would be to solicit a new Request for Bids and re-evaluate with the new updated quantities. Staff does not recommend this option since the original bid stated unit prices bid for each item, and the quantity could be changed to ensure the extended price did not change the outcome of the bid.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to amend and increase the existing Uniform and Laundry contract (C22056) awarded to Unifirst Corporation to a total annual amount of $52,800 plus the estimated annual CPI increase.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Unifirst Contract executed on 5/4/22
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0144 Agenda Date: 5/1/2023 Agenda #: 11.
Agenda Item Wording:
Authorize the City Manager to enter into a contract amendment with Brandley Engineering for Pavement Maintenance Management Plan (PMMP) additional scope of work in the amount of $130,000 and appropriate an additional $15,000 for the upcoming Federal Aviation Administration (FAA) required PMMP CIP project (CP0572) increasing the project budget to $135,000.
Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:
Jody Miller, Airport Manager, (559) 713-4282, [email protected] Nick Mascia, Assistant City Manager, (559) 713-4323, [email protected] Department Recommendation:
Airport Staff recommends that City Council authorize the City Manager to enter into a contract amendment with Brandley Engineering for previously proposed scope of work for $130,000. This scope was included when Brandley proposed to perform airport engineering consulting for the City of Visalia under their 2019 professional services agreement but never included a fee or authorization to perform the work. In addition, Staff recommends City Council to appropriate $15,000 in additional funds for the upcoming PMMP project to increase the capital project budget to $135,000.
Background Discussion:
In November of 2019, the Visalia City Council authorized a professional services agreement between the City of Visalia and Brandley Engineering for the purpose of providing airport engineering design services and project management for a 5-year contract period. The projects that Brandley will shepherd for the airport as well as the majority of the CIP projects at the airport are federally funded.
To continue to be fully qualified for Federal Aviation Administration (FAA) funding, the Visalia Airport is required to have two key projects completed. The first is an updated Airport Layout Plan (ALP) which is an 18-month project that began in November of 2021 and is expected to be completed in the summer of 2023. The second project is a Pavement Maintenance Management Plan (PMMP). The PMMP project, which is already on both the City CIP list, as well as the FAA Airport Capital Improvement Plan (ACIP) for the current fiscal year, is expected to take 18-months from authorization to completion. On page 2 of the attached Professional Services Agreement between the City of Visalia and Brandley Engineering under Article II. Duties of Engineer, pavement evaluation studies such as the PMMP is listed as falling under their purview.
The PMMP will consist of four main elements/tasks:
1. Pavement Structure Determination -This will consist of geotechnical borings into existing movement areas(this includes all Runway, Taxiway, Taxilane, and Parking Apron locations) and will Visalia City Council Printed on 4/28/2023Page 1 of 3
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determine the existing strength and thickness of every pavement section on the airfield.
2. Falling Weigh Deflectometer Testing - This non-destructive test will be performed every 100 - 200 feet of all movement areas of the airport to provide a clear sub terrain structural evaluation of not only the wear surface, but also the aggregate sub grade as well as the native soil below.
3. Pavement Condition Index (PCI) Determination - Following elements 1 and 2, a detailed visual inspection of all paved areas of the airfield will also be performed. Once these surveys are complete, a Pavement Condition Index (PCI) value will be assigned to each section of pavement that facilitates a movement.
4. Engineering Analysis and Report - All the data obtained from the first three elements will be put together and analyzed along with air traffic forecasts to determine and propose the lifespan of the movement areas as well as recommended rehabilitation treatment.
The PMMP report that the City will receive at the completion of the project will be vital in guaranteeing federal funding for the pavement rehabilitation when needed of all airfield movement areas and ensuring the appropriate pavement is treated at the appropriate time in order to continue airport operations.
Fiscal Impact:
Within the 2022/23 - 2023/24 adopted budget, CP 0572 was established in the amount of $120,000 to perform the PMMP. This was contingent upon receiving funding from the Federal Aviation Administration (FAA). At the August of 2022 City Council meeting, the City accepted a FAA grant of $121,500 to fund the majority of the project, and in January of 2023 the City was authorized to accept a Caltrans Aero grant of $6,075 to fund an additional portion of the project. The remaining balance of the project, ($7,425) will be funded out of the Airport fund (411). This results in a total project budget including grant funding to be $135,000.
Funding Source Amount
FAA grant $121,500
Caltrans Aero grant $ 6,075
Airport Fund (411) $ 7,425
Total $135,000
Current Project Budget $120,000
Appropriation Needed $15,000
Anticipated ExpendituresApproximate Cost
Task 1: Pavement Structure Determination $19,100
Task 2: Deflectometer Testing $13,400
Task 3: Pavement Condition Index $ 6,000
Task 4: Analysis and Final Report $91,500
Subtotal (Engineering Cost) $130,000
Staff time $ 5,000
Project Expenditures $135,000
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File #: 23-0144 Agenda Date: 5/1/2023 Agenda #: 11.
Anticipated ExpendituresApproximate Cost
Task 1: Pavement Structure Determination $19,100
Task 2: Deflectometer Testing $13,400
Task 3: Pavement Condition Index $ 6,000
Task 4: Analysis and Final Report $91,500
Subtotal (Engineering Cost) $130,000
Staff time $ 5,000
Project Expenditures $135,000
Should any savings be identified, that were not reimbursed by the grant funding, those funds will return from which the fund they came from.
Prior Council Action:
November 4th 2019: Council authorized an annual contract with Brandley Engineering for the purpose of providing airport engineering design services and project management, for a 5-year contract period.
August 15th 2022: Council authorized airport staff to accept $121,500 in FAA funds for the project.
January 17th 2023: Council authorized airport staff to accept $6,075 in Caltrans Aero funds for the project.
Alternatives: City Council could not authorize the additional budget appropriation and/or not choose to accept the expanded scope of work with Brandley Engineering and Airport Staff would explore other avenues to complete the FAA required PMMP project.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to enter into a contract amendment with Brandley Engineering for additional scope of work in the amount of $130,000 and appropriate an additional $15,000 for the upcoming Federal Aviation Administration (FAA) required PMMP CIP project (CP0572) increasing the project budget to $135,000.
Environmental Assessment Status: NA.
CEQA Review: N/A
Attachments: .
1. Brandley Engineering Professional Services Agreement
2. PMMP scope of work and cost breakdown.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0166 Agenda Date: 5/1/2023 Agenda #: 12.
Agenda Item Wording:
Continue Resolution 2023-05, ratified by Visalia City Council on March 20, 2023 proclaiming the local emergency that was declared on March 13, 2023, due to the threatened existence of conditions of extreme peril to the safety of persons and property within said city caused by excessive past and expected rainfall and snowfall, resulting in uncontrolled waters coming from local rivers and streams.
Deadline for Action: 6/5/2023
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, Fire Chief Department Recommendation:
Staff recommends City Council continue Resolution 2023-05 proclaiming the local emergency that was declared on March 13, 2023, due to unprecedented snowpack in the Sierras and the potential impact to Visalia’s waterways of the subsequent snowmelt.
Background Discussion:
City Staff attended a meeting with the Department of Water Resources on Friday, March 24, 2023.
Information from the meeting confirmed record levels of snowpack in the Sierra Nevada Mountains.
The impacts of the snowmelt resulting from this record amount of snowpack are not clear. Given the uncertainty of how this record snowmelt could affect Visalia’s waterways, Staff is recommending the 60-day continuance of the emergency declaration. Staff continues to monitor Kaweah Reservoir levels as well as the waterways within the City of Visalia in coordination with local, state, and federal water resource agencies.
To continue the resolution, Council must act upon the original Resolution every 60 days or less.
Fiscal Impact:
None.
Prior Council Action: On March 13, 2023 the City of Visalia declared a local state of emergency for this flood event. The March 13 declaration was confirmed by City Council on March 20, 2023.
Other: None
Alternatives: City Council can decide not to continue Resolution 2023-05.
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File #: 23-0166 Agenda Date: 5/1/2023 Agenda #: 12.
Recommended Motion (and Alternative Motions if expected):
I move to continue Resolution 2023-05 declaring a local state of emergency due to the unpredictable impacts of the known record-level snowpack and subsequent snowmelt in the Sierra Nevada mountains to Visalia’s waterways.
Environmental Assessment Status: None.
CEQA Review: None.
Attachments: Resolution 2023-05
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0159 Agenda Date: 5/1/2023 Agenda #: 13.
Agenda Item Wording:
Authorize City Manager to award a sole source contract for the Instrumentation and Electrical Services & Maintenance and Repair for the Water Reclamation Facility and Collection System to Telstar Instruments Company, Inc. for a not to exceed amount of $400,000 annually. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.
Deadline for Action: 5/1/2023
Submitting Department: Public Works
Contact Name and Phone Number:
Wyndi Ferguson, Public Works Manager, [email protected] <mailto:[email protected]>, 713-4186
Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]> 713 -4052
Department Recommendation:
Authorize City Manager to award a sole source contract for the Instrumentation and Electrical Services & Maintenance and Repair for the Water Reclamation Facility and Collection System to Telstar Instruments Company, Inc. for a not to exceed amount of $400,000 annually. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.
Background Discussion:
The City of Visalia Water Reclamation Facility (WRF) provides treatment to nearly 13 million gallons of wastewater per day (mgd). In order to ensure protection to health, safety, and the environment, the facility must be maintained in a state that allows continuous operation, 24 hours per day, 365 days per year. In order to ensure this level of operability and reliability, the facility instituted an aggressive preventative maintenance program. A key component of this program is the routine testing, calibration, and replacement of the electrical and control systems.
The Supervisory Control and Data Acquisition (SCADA) system monitors the operations of the WRF, as well as the collections system lift stations, on a minute-to-minute basis. This system alerts staff when operational control equipment has failed. Staff sets the alarm conditions based on their experience and expertise, but the SCADA system monitors every aspect of those conditions. Without this system, the WRF and Collections operations would need to have staff physically monitoring all parameters for each lift station, pump, tank, or blower on a constant basis in order to operate.
Due to age, operating issues, and recent failures of key components, the entire SCADA system is currently in the process of being rebuilt. This requires building new servers, programming the digital Visalia City Council Printed on 4/28/2023Page 1 of 2
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File #: 23-0159 Agenda Date: 5/1/2023 Agenda #: 13.
information specific to the plant and collection system, and then switching to the new servers. The completion of this upgrade will also enable staff to utilize the fiber optic network that was installed during the last plant upgrade project, as well as provide future connectivity throughout the city.
Telstar Instruments Company is currently under contract for these necessary repairs/upgrades and the project is approximately 40% complete.
Telstar Instruments Company has provided electrical and control systems services to the Visalia WRF since 1983, and the current contract expired in April 2023. Telstar has always been proactive in their maintenance of the plant’s electrical systems and has been very responsive in after-hours emergency situations. Having a local office in Hanford has enabled them to guarantee an around-the- clock response time of one hour.
Staff is confident in Telstar’sability to provide the needed services and feels that the possibility of bringing in a new contractor at this point would be detrimental to the continuity of the instrumental operation of the WRF. Telstar has an intimate knowledge of the facility, is currently working on ongoing upgrade projects, and is an integral component of the plant’smaintenance program, thus ensuring consistent and reliable operations of the instrumentation & electrical components of the WRF. Their proposed rates and fees are in line with industry standards for this type of work.
Fiscal Impact:
Approximately half of the tasks performed under this contract are routine and preventative in nature, however the other half are of a highly variable and/or corrective nature, therefore predicting an exact contract value is difficult. Staff is recommending and requesting a not to exceed amount of $400,000 annually. Funding for this contract is included in the operating budgets of the divisions within funds WRF (431) and Storm Sewer (481).
Prior Council Action:
July 2015 - Authorize a three (3) year extension of contract through completion of WRF Upgrade project to ensure continuity of service.
February 2018 - Authorize award of RFP 17-18-24 (Instrumentation and Electrical Services) to Telstar Instruments.
Alternatives:
Competitively select a contractor to perform these services via a Request for Proposals (RFP) process through the City’sPurchasing Department. (Due to the critical nature and timing of this work, this is not recommended.)
Recommended Motion (and Alternative Motions if expected):
Authorize City Manager to award a sole source contract for the Instrumentation and Electrical Services & Maintenance and Repair for the Water Reclamation Facility and Collection System to Telstar Instruments Company, Inc. for a not to exceed amount of $400,000 annually. This is a one (1) year contract that may be renewed for four (4) consecutive one (1) year periods upon mutually agreed upon terms.
Attachments:
Telstar Time & Material Rates
Visalia City Council Printed on 4/28/2023Page 2 of 2
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Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE
1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028