Agenda packet — Visalia City Council, November 20, 2023 (part 1 of 5)

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
Monday, November 20, 2023 7:00 PM City Council Chambers

ROLL CALL
CALL TO ORDER WORK SESSION - 5:30 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. Presentation and request for authorization to implement a Solid Waste Environment Enhancement Program (SWEEP) and
appropriate $25,350 from the Solid Waste Enterprise fund (441). 23-0416
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

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS

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1 City Council Meeting Agenda - Final November 20, 2023 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. 23-0458

2. Request to authorization to file a Notice of Completion for Greenway Trail Phase 2 (Pedestrian bridge), appropriate an additional $10,000 from Measure R Trailways (132) fund to the Mill Creek Pedestrian Bridge on Greenway Trail project (Greenway Trail Phase 2), and authorize the amendment to the Measure R Expenditure Plan to reallocate $10,000 between projects as specified within this report.
23-0179

3. Authorize the City Manager to award the construction contract to JT2 Inc. doing business as Todd Companies of Visalia, CA for pathway improvements from Main Street to the Transit Center in the amount of $334,250.
23-0353

4. Second reading and adoption of Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.25, add Section

17.32.167, amend Chapter 8.64, and add Chapter 5.66 in order to address upcoming state mandated changes as a result of the passage of SB 1186, the “Medicinal Cannabis Patients’ Right of Access Act,” and establish objective standards for permitting delivery only medical marijuana retail establishments within the City of Visalia.
23-0383

5. Authorize the City Manager to award the contract for Street Sweeping Services to SCA of CA, LLC for an annual amount of $1,868,741 for an initial 1-year term, renewable for four (4) additional one-year terms, and appropriate $115,797 from the General Fund and $390,202 from the Gas Tax Fund.
23-0399

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2 City Council Meeting Agenda - Final November 20, 2023

6. Authorize the City Manager to award a contract for the Playground Structure Replacement Project to Anchor 41 Construction, of Hanford, CA, for an amount not to exceed $317,600.00, for the design and installation of a new playground structure at Riverway Sports Park. 23-0436

7. Authorize the City Manager to Award the Whitendale Park Arbor Replacement contract to R.E. Schultz Construction, of Orange, CA, for an amount not to exceed $128,965, for the demo and replacement of the three wooden arbors at picnic areas with new steel arbors and fabric covers at Whitendale Park.
23-0444

8. Request for approval to appropriate $142,000 from the AT&T Mobility lease set-aside account to the Riverway Sports Park Water Feature Repair Project.
23-0452

9. Nomination of Council Member Liz Wynn to fill the vacancy representing a “large” city to the San Joaquin Valley Air Pollution Control District Governing Board. (Resolution 2023-57 required). 23-0465

10. Nomination of Council Member Emmanuel Hernandez Soto as the Visalia City Council’s representative on the Tulare County Task Force on Homelessness, appointment of Margie Perez, Housing Specialist as the alternate and appointment of Council Member Liz Wynn to serve as a City representative on the Mid-Kaweah Groundwater Sustainability Agency.
23-0468

11. Request Authorization from City Council to enter into contract with JFS Enterprises Inc. for $285,000 to remove permanent vegetation at the Eastside Regional Park, accept grant funding from the Department of Water Resources in the amount of $313,500, and appropriate funds of $346,350 for the project.
23-0415

12. Authorize the City Manager to execute an agreement between the City of Visalia and the City of Dinuba for the purpose of providing animal shelter services and animal licensing, and make any additional modifications to this draft agreement, for a 1 year period at a rate of $202,573 with four 1-year renewal options, for a maximum of 5 years totaling $1,012,865.
23-0422

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.

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3 City Council Meeting Agenda - Final November 20, 2023

1. Public hearing and consideration of the following actions related to the East Side Regional Park Project:

1. Certification of the Final Environmental Impact Report (EIR) prepared for the East Side Regional Park Project . (Resolution No. 2023-54 required)

2. Initiation of Proceedings for Annexation No. 2021-02: A request to annex approximately 128 acres, located within the City of Visalia Urban Development Boundary Tier III, into the Visalia city limits. The annexation request includes authorizing the detachment from County Service Area No. 1 in accordance with State and County requirements. (Resolution No. 2023-55
required)

3. General Plan Amendment No. 2021-16: A request to
redesignate approximately 41 acres from Residential Low, Medium, and High Densities to Parks/Recreation to facilitate the East Side Regional Park. (Resolution No. 2023-56 required) Project Applicant: City of Visalia
Project Location: The proposed Project is located on approximately 286 acres, between Mineral King Avenue and Houston Avenue, east of the Road 148alignment. (APN: 103-110-024, 025, 026, 027, 028, 029, 032, 033; 103-500-001, 002, 003; 103-510-002, 003, 004, 005, 007, 008, 009)
23-0445

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4 City Council Meeting Agenda - Final November 20, 2023

2. Public Hearing to consider a request by the Visalia Public Cemetery District for the following entitlements:

1. 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 14
parcels totaling 3.17 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, and 816 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).

2. Change of Zone No. 2022-02: A request by the Visalia Public Cemetery District to change the zoning designation of 14 parcels totaling 3.17 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to Q-P
(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 Q-P (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, and 816 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).

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.
23-0448

3. Conduct the second of two public hearings to amend the Measure N Spending Plan to appropriate $190,000 and advance the purchase of one (1) marked patrol vehicle for FY 24/25 and replace one (1) marked patrol vehicle. In addition, staff is requesting to appropriate an additional $30,000 to address the budget shortfall for FY 23/24 vehicle purchases.
23-0450

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

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5 City Council Meeting Agenda - Final November 20, 2023

1. UPCOMING CITY COUNCIL MEETINGS:

Monday, December 04, 2023 @ 7:00 p.m., Location: 707 W.

Acequia Ave, Visalia, CA
Monday, December 18, 2023 @ 7:00 p.m., Location: 707 W.

Acequia Ave, Visalia. CA
If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, on or before Monday, November 20, 2023 to discuss your
accessibility needs: 559-713-4512 or
[email protected]
23-0446

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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0416 Agenda Date: 11/20/2023 Agenda #: 1.

Agenda Item Wording:

Presentation and request for authorization to implement a Solid Waste Environment Enhancement Program (SWEEP) and appropriate $25,350 from the Solid Waste Enterprise fund (441).

Deadline for Action: 11/6/2023
Submitting Department: Public Works
Contact Name and Phone Number: Jason Serpa, Public Works Manager, [email protected], 559-713-4533; Nick Bartsch, Public Works Director, [email protected], 559-713-4052 Department Recommendation:

Staff recommends that Council direct staff to implement a Solid Waste Environment Enhancement Program (SWEEP) pilot program by utilizing budgeted ARPA funding, and appropriate $25,350 from the Solid Waste Enterprise Fund (441).

Background Discussion:

In recent years, the City of Visalia has experienced an increase in trash and recyclables in the public right of way throughout the community. In most cases, these items are illegally dumped material on the side of the road, trash that has been taken out of cans or dumpsters and left on the ground, or windblown debris that ends up in the public right of way. This waste material and some recyclables ends up in public view, parks, or City streets, and most of it should have been transported to the landfill or theCity’s contracted material recycling facilities.

Currently, staff from various departments assist with the issues or report them to a department that can help. However, this causes staff to be diverted from their primary job duties such as maintaining parks, trailways, streets, and code enforcement to address Solid Waste issues.

To address the City’s need, staff is proposing the creation of the Solid Waste Environment Enhancement Program (SWEEP). The SWEEP program will be designed to immediately address blight that is created on a daily basis around the City, along with other duties that make these staff members the custodians of the public right of way. This program will ensure that streets and public areas remain clean, and that dedicated staff are assigned to specific areas of the City. It will also ensure that the items being picked up, recyclable or not, are diverted to the correct waste stream.

Each employee assigned to an area of the City will be responsible for keeping that area clean. They will also look for evidence of who or where the items came from so that it can be provided to the Supervisor for illegal dumping citations to be issued when necessary. All citation and clean-up money collected will be returned to the SWEEP Division.

The proposed staff will be on the street daily, serving as the City’s eyes and ears with the ability to report non-solid waste issues to other departments. Even though not their primary duty, items such Visalia City Council Page 1 of 4 Printed on 11/17/2023
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File #: 23-0416 Agenda Date: 11/20/2023 Agenda #: 1.
as graffiti, over-watering, broken pipes, streets, and landscape conditions can all be reported to the appropriate divisions promptly instead of waiting for the community to make a formal report. This type of proactive response would give the community the service they deserve and increase trust levels among the City population.

Fiscal Impact:

The SWEEP program estimated costs come from three major cost items: staffing, equipment, and operating costs. These three categories are further detailed in the following tables:

Personnel
Salary &
Benefits
Uniforms &
Boots Phone Annual
LEAD $108,000 $500 $120 $108,620
FTE $72,500 $500 $120 $73,120
FTE $72,500 $500 $120 $73,120
FTE $72,500 $500 $120 $73,120
FTE $72,500 $500 $120 $73,120
Total $401,100
The proposed personnel are five FTE including one lead to oversee who will run the daily operation.

Equipment Type
Purchase
Cost
Vehicle
Replacement
Set-Aside Fuel Maintenance GPS Annual
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
Trailer $15,000 $1,100 $0 $500 $0
Trailer $15,000 $1,100 $0 $500 $0
Trailer $15,000 $1,100 $0 $500 $0
Trailer $15,000 $1,100 $0 $500 $0
40 Yard Bin Purchase $10,000
Total $320,000 $25,400 $32,500 $14,500 $1,200 $73,600
The proposed equipment consists of four ½ ton pickup trucks with dumping trailers equipped with ramps. One additional ½ ton pickup truck with no trailer for the lead oversightr employee.

Annual Operating Expenses
Dump Fees $8,840
Tonnage $13,000
Small Tools/Equipment $2,150
Allocations $60,000
Total $83,990
Disposal costs are based on one 40-yard bin of trash per week. Other operating costs such as tools and safety equipment are estimated on a yearly replacement need.

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Total annual operating costs include allocations from human resources, finance, administration, and fleet replacement set-aside to replace in the future.

Total Estimated Annual Expense
Personnel $401,100.00
Equipment $73,600.00
Operating $83,990.00
Total Annual Cost $558,690.00
Apart from the estimated annual costs, staff has also estimated the initial start-up costs. These initial capital outlays will be within the first year of operation:

Initial Capital Outlay Cost to Implement
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
Trailer $15,000.00
Trailer $15,000.00
Trailer $15,000.00
Trailer $15,000.00
40 Yard Bin Purchase $10,000.00
Personnel Hiring Costs $2,000.00
Misc Equipment * $5,550.00
Total $327,550.00
Funding:

On December 20, 2021, Council approved 34 projects to be funded with American Rescue Plan Act (ARPA) Funds which totaled $29 million. These projects all were to provide improvement for health and safety across the City while also making investments that improve resident’s quality of life.

The Sweep project is one of the approved projects that will be funded by ARPA Funds with a budget of $450,000. These funds are not on-going and will basically be utilized to fund the initial purchases and the first four months of the program. The following tables shows how the initial year of ARPA funding will be utilized:

Year 1 Year 2 Year 3
Mar 2024-
June 2024
FY 24-25 FY 25-26
ARPA Project Funding $450,000
Startup Costs
Vehicles $250,000
Equipment $70,000
Misc* $7,550
Ongoing Costs
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Year 1 Year 2 Year 3
Mar 2024-
June 2024
FY 24-25 FY 25-26
ARPA Project Funding $450,000
Startup Costs
Vehicles $250,000
Equipment $70,000
Misc* $7,550
Ongoing Costs
Personnel $133,700 $413,100 $425,500
Operating Expense** $14,100 $157,590 $162,300
Total Expenses $475,350 $570,690 $587,800
ARPA Funding Remaining ($25,350)
Even though the initial FY23-24 cost exceeds the approved ARPA funding amount by $25,350, this includes all the equipment needed to run the operation and four months of the initial staffing cost assuming the project can begin on March 1, 2024. The additional amount will need to be appropriated from the Solid Waste Enterprise Fund (441).

For future fiscal years, staff will be bringing possible funding solutions to Council that may include a charge per solid waste utility account to pay for the program or a combination of other funding source solutions that may offset the total cost to the Solid Waste Enterprise Fund.

In addition, it is important to note that ARPA funding is set to expire on December 31, 2024. Although there will be some savings realized from not using an illegal dumping contractor ($30K/year) and the utilization of the initial ARPA funding, future funding will need to come from the Solid Waste Enterprise fund (441) if another funding solution is not in place by July 2024.

Prior Council Action: 12/20/2021 - City Council appropriated American Rescue Plan Act (ARPA) funds for various projects throughout the City.

Other: N/A
Alternatives: Alternative is to not authorize staff to implement a Solid Waste Environment Enhancement Program (SWEEP).

Recommended Motion (and Alternative Motions if expected):

I move to authorize and direct staff to implement a Solid Waste Environment Enhancement Program (SWEEP) and approve the appropriation of $25,350 from the Solid Waste Enterprise Fund (441).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: SWEEP Presentation
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Solid Waste Environment Enhancement Program
(SWEEP) 1
September
2023
11 Presentation Outline
2 American Rescue
Plan Act (ARPA)
Program purpose
Benefits of CityWide
Improvement
Proposed program
approach
12 ARPA PROGRAM

PURPOSE
The funding provided under ARPA provides a
unique opportunity (following COVID-19) for
state and local governments to make
strategic investments in long-lived assets,
rebuild reserves to enhance financial stability,
and cover temporary operating shortfalls until
economic conditions and operations
normalize. (gfoa.org)
3 13

ARPA PROGRAM

PURPOSE
On 12/20/2021, City Council appropriated American
Rescue Plan Act (ARPA) funds in the amount of $29.4
million to various projects throughout the City.

ARPA funds can be used for expenditures from March
3,2021 through December 31, 2024. (Funds committed
by 12/31/2024 must be spent by 12/31/2026)
$450K earmarked for SWEEP CIP Project
4 14
Benefits
of the
proposed
SWEEP
Program
5 - Public Health Increase
- Maintenance of Ecosystems
(Contaminated Waterways)
- Promote Overall Well-Being of Others
- Cleanup of Eyesores on Public Property
- Mitigation of Fire Hazards
- Less impact to other City Budgets
- Downtown Enhancement
15 6
Proposed
Program
Approach
Establish SWEEP
• Waste that should have been collected but wasn’t.
• Illegal Dumping on public property
• Wind Blown Debris
• Improvement of public areas
Establish
Equip the team with the proper tools
Educate the public on ways to dispose material
Educate the public on reporting illegal dumping
Equip
Proactive approach to addressing Community needs
Eyes and Ears of the City
Allow other divisions to concentrate on their primary tasks.

Proactive
16 Proposed Program Approach
(5) FTE (including 1 Lead) to run 4
units with dump trailers.

City quadrants assigned to the 4
trucks with trailers for patrol and
assignment of daily work orders.

Debris removed will be deposited
in a 40-yard bin located at the
Corp Yard.

Coordination with Code
Enforcement/Wastewater
Division for follow up and fines.
7 17
Staffing
Level
What is the minimum effective
staffing level?
• Current recommendation:
• (1) Lead
• (4) FTE - Maintenance Service Worker Level
• Staffing coverage Monday through Saturday
• Implementation of less staff would be ineffective.
8 18

STAFFING COST

PROJECTION
9 Personnel
Salary &
Benefits
Uniforms &
Boots Phone Annual
LEAD $108,000 $500 $120 $108,620
FTE $72,500 $500 $120 $73,120
FTE $72,500 $500 $120 $73,120
FTE $72,500 $500 $120 $73,120
FTE $72,500 $500 $120 $73,120
Total $401,100
19 EQUIPMENT COST

PROJECTION
10 Equipment Type
Purchase
Cost
Vehicle
Replacement
Set-Aside Fuel Maintenance GPS Annual
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
1/2 Ton Pickup $50,000 $4,200 $6,500 $2,500 $240
Trailer $15,000 $1,100 $0 $500 $0
Trailer $15,000 $1,100 $0 $500 $0
Trailer $15,000 $1,100 $0 $500 $0
Trailer $15,000 $1,100 $0 $500 $0
40 Yard Bin Purchase $10,000
Total $320,000 $25,400 $32,500 $14,500 $1,200 $73,600
20 OTHER OPERATING COST

PROJECTION
11 21

ANNUAL COST PROJECTION
12 22

START-UP COSTS
13 Initial Capital Outlay Cost to Implement
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
1/2 Ton Pickup $50,000.00
Trailer $15,000.00
Trailer $15,000.00
Trailer $15,000.00
Trailer $15,000.00
40 Yard Bin Purchase $10,000.00
Personnel Hiring Costs $2,000.00
Misc Equipment * $5,550.00
Total $327,550.00
23 Funding
for the
SWEEP
Program
• ARPA Funding through 2024
• Funding can be used for the
startup costs and equipment
• Savings from not using contracted
services for illegal dumping ($30K/year)
• Staff will come back to Council for
future funding options
• Future increase of Solid Waste
Fees for future funding
14 24

ARPA FUNDING UTILIZATION
15 *Recruitment Tools
**FY 24/25 Allocations and Vehicle Replacement starts
Year 1 Year 2 Year 3
Mar 2024-
June 2024
FY 24-25 FY 25-26
ARPA Project Funding $450,000
Startup Costs
Vehicles $250,000
Equipment $70,000
Misc* $7,550
Ongoing Costs
Personnel $133,700 $413,100 $425,500
Operating Expense** $14,100 $157,590 $162,300
Total Expenses $475,350 $570,690 $587,800
ARPA Funding Remaining ($25,350)
25 QUESTIONS / COMMENTS
16 26
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0458 Agenda Date: 11/20/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 11/17/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0179 Agenda Date: 11/20/2023 Agenda #: 2.

Agenda Item Wording:

Request to authorization to file a Notice of Completion for Greenway Trail Phase 2 (Pedestrian bridge), appropriate an additional $10,000 from Measure R Trailways (132) fund to the Mill Creek Pedestrian Bridge on Greenway Trail project (Greenway Trail Phase 2), and authorize the amendment to the Measure R Expenditure Plan to reallocate $10,000 between projects as specified within this report.

Deadline for Action: None
Submitting Department: Administration -CIP Engineering
Contact Name and Phone Number:

Diego Corvera, Civil Engineer, [email protected], (559) 713-4209 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 authorize the following:
1) To file a Notice of Completion for the Greenway Trail Phase 2 (Mill Creek Pedestrian Bridge); 2) Appropriation of an additional $10,000 from the Measure R Trails (132) fund to the Mill Creek Bridge on Greenway Trail project (CP0189);
3) Authorize the amendment to the Measure R Expenditure Plan to reallocate $10,000 from the “K Road along SJ line” to the “Mill Creek Bridge on Greenway Trail” Background Discussion:

In 2013, the City of Visalia began designing the Greenway Trail which included preparation of California Environmental Quality Act (CEQA) documentation. The City entered a contract for $195,755.00 with 4Creeks, Inc. on January 22nd, 2014 for engineering services for the design and specification preparation for the Master Plan of the Greenway Trail Corridor Project.

The Greenway Trail Corridor Project spans from Cameron Creek on the south (just south of Walnut Avenue), adjacent to the Southern California Edison (SCE) Rector Station on Avenue 148, northerly to the St John’s River Trail along or under the SCE power lines.

The Trail’s master plan design was prepared by 4Creeks and funded out of a separate CIP, CIP8408.

This CIP was strictly for the design of the Master Plan of Greenway Trail Corridor Project and not for construction since it was the intent of the City to acquire grant funding for construction.

The original contract with 4Creeks Inc was for the 100% design of the Greenway Trail from Cameron Creek to the St Johns Trail. But due to lower grant funding allocations available, the Master Plan Visalia City Council Page 1 of 5 Printed on 11/17/2023
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File #: 23-0179 Agenda Date: 11/20/2023 Agenda #: 2.

Creek to the St Johns Trail. But due to lower grant funding allocations available, the Master Plan document required the design plan to be broken into four separate segments. Therefore, the City contracted with 4Creeks, Inc. in November 2020, to break up the Master plans into separate PS&E construction documents for each individual trail segment with the ability to construct each trail segment as a standalone project as construction funding becomes available.

Staff is working with TCAG on funding opportunities for future phases.

Greenway Trail Phase 2 - Mill Creek Pedestrian bridge, CP0189 The Greenway Trail Phase 2 is the installation of a twelve (12) foot wide pedestrian steel bridge crossing Mill Creek. This bridge connects future phases of the Greenway Trail that will continue north, crossing Houston Avenue and connecting to the St Johns Trail.

The start of construction began on September 20th, 2021; Greenway Trail Phase 2 was completed in December 2022.

Greenway Trail Phase 2 - Pedestrian Bridge
The original construction contract was awarded to Romanazzi General Engineering in the amount of $166,100.00 in May 2021. The cost of construction including change orders is $180,290.70 Total change orders are $14,190.70.

The following is a breakdown of the construction change orders:

Change Order Breakdown
Category Cost Percentage
Errors & Omissions (E&O) $644.97 0.39%
Utility Conflict (UT) $0.00 0.00%
Balance of Quantities (BQ) $0.00 0.00%
Unforeseen (UN) $13,545.72 8.15%
Change of Scope (CofS)$0.00 0.00%
Total: $14,190.70 8.54%
Errors & Omissions
The costs associated with the Errors & Omissions category consisted of the cost to install irrigation sleeving couplers in order to cap the irrigation pipe sleeve that needed to be cut as it conflicted with the bridge abutment. This cost was shared by the contractor and the City as a 50% split for the labor and materials. Because the project plans were not clear as to the piping measurements and the contractor did not verify length ahead of installation, it was agreed to split the extra cost.

Unforeseen
The cost associated with Unforeseen category consisted of material price increases due to the inflationary market that was occurring during 2022. There was also an additional cost to mobilize a crane twice to place the pedestrian bridge as the bridge manufacturer could no longer keep the bridge at their facility. The bridge supports or abutments could not be constructed in time for bridge Visalia City Council Page 2 of 5 Printed on 11/17/2023
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File #: 23-0179 Agenda Date: 11/20/2023 Agenda #: 2.
delivery due to the running water in Mill Creek.

There was a total of two (2) contract change orders associated with Greenway Trail Phase 2 pedestrian bridge. Each of the change orders were reviewed and approved by the City of Visalia Change Order Committee. The committee approved the Change Order, but please note that the Change Order Committee is a non-appointed committee of technical staff who are not directly involved with the project being considered. The Committee reviews the contract change order request for completeness, accuracy, constructability, objectivity, consistency, and overall insight.

Fiscal Impact:

Greenway Trail Phase 2 - CP0189 Mill Creek Bridge on Greenway Trail Funding Source
Measure R Trailways (132) $236,000.00
Total Project Funding $236,000.00
Greenway Trail Phase 2 - Budget
Staff Time Project management and Inspection$20,000.00
Construction $166,100.00
Construction Change Order total $14,190.70
Construction Management $33,750.00
Materials Testing $11,269.55
Estimated Greenway Trail Phase 2 Project Cost$245,310.25 Project Budget $236,000.00
Estimated Remaining Budget (Deficit) ($9,310.25)
Appropriation Request - Measure R Trailways (132) $10,000.00 Budget Deficit:

The project shortfall is due primarily to material cost increases stemming from the high inflation that was experienced throughout 2022. The requested appropriation from the Measure R Trail (132) fund will be sufficient to close out the Greenway Trail Phase 2 Project.

Measure R Trail Expenditure Plan:

In addition to City Council approval being required to allocate Measure R Trail funds toward a specific project, the Measure R Expenditure Plan must identify sufficient funds are available for the project.

City Council approved on May 3, 2021 the reallocation of Measure R Trails funds between projects to fund the Mill Creek Bridge on Greenway Trail in the amount of $236,000.

To address the above noted deficit, an additional reallocation of funds in the amount of $10,000 is needed towards this project. Therefore, Staff recommends the reallocation of $10,000 from the “K Road along SJ line” to the “Mill Creek Bridge on Greenway Trail” projects as identified in the Expenditure Plan. This reallocation of funds is recommended since there are still available funds in the “K Road along SJ line” project due a previous engineering study finding K Street alignment Visalia City Council Page 3 of 5 Printed on 11/17/2023
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File #: 23-0179 Agenda Date: 11/20/2023 Agenda #: 2.
the “K Road along SJ line” project due a previous engineering study finding K Street alignment infeasible because of the right of way challenges associated with the railroad. The table below summarizes the Measure R funds available for the “K Road along SJ line” project to reallocate to specific projects.

Trail Name Remaining Available
MR funds
Reallocate Adjusted Amount
K Road along SJ line $747,179 ($10,000) $737,179
Mill Creek Bridge Greenway
Trail
$0 $10,000 $10,000
Prior Council Action:

May 3, 2021:

Authorized City Manager to 1.) Award the construction contract for RFB 20-21-43, Greenway Trail Phase 1 & 2 - Mineral King Avenue to Mill Creek and the installation of prefabricated pedestrian bridge at Mill Creek, to Romanazzi General Engineering, in the amount of $749,623.82; 2.) Execute a Measure R Supplemental Agreement with the Tulare County Association of Governments (TCAG); and 3.) Amend the Measure R Trail Expenditure Plan to designate $236,000 from the “K Street Bike Path” to the “Mill Creek Bridge at Greenway Trail”.

May 19, 2014
Presentation of the proposed design for the Southern California Edison (SCE) Greenway Trail.

January 6, 2014
Authorized the City Manager to award a land surveying and design services contract and execute an agreement for RFP No. 13-14-24, in the amount of $195,755.00 to selected consulting firm of 4Creeks, Inc. and request an appropriation of $30,000.00 from the Measure R Trail Fund. The project is for the SCE Greenway Trail improvements between the SCE Rector Station and the St John’s River Trail. Project Number 2810-72000/CP8408-999.

March 4, 2013
Authorized funding appropriations for the Greenway Belt Project and Sante Fe Trail (Tulare Ave to Avenue 272) Project in the Capital Improvement Program.

January 14, 2013
Affirmed five grant applications for the Transportation Activity Program, Environmental Enhancement and Mitigation Program and Recreational Trail Program for almost $2.6 million I grant funding and that council authorize staff to appropriate matching funds up to 30% oof the total awarded project costs as required for grant acceptance from available Measure R Funds or from other local funds (non-general fund) contingent upon grant award(s). Resolution 2013-01 and 2013-02.

November 19, 2012
Second Reading and Final Approval of Ordinance 2012-09 regarding Grant of Easement to Southern California Edison for the Cross Valley Loop project; Authorization to Enter into Cross Valley Loop Visalia City Council Page 4 of 5 Printed on 11/17/2023
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File #: 23-0179 Agenda Date: 11/20/2023 Agenda #: 2.

California Edison for the Cross Valley Loop project; Authorization to Enter into Cross Valley Loop Greenway Memorandum of Understanding with Southern California Edison.

Other:

None
Alternatives:

None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to Authorize the City Manager to file Notice of Completion for Greenway Trail Phase 2 (RFB 20-21-43), appropriate $25,000 from the Measure R Trailways Fund (132), and the amendment to the Measure R Expenditure Plan to reallocate $10,000 between projects as specified within this report.

Environmental Assessment Status:

CEQA Review:

Categorical Exemption, Section 15304, issued October 29th, 2013 for the Greenway Trail from SCE rector Station to St John’s River Trail.

NEPA Review:

N/A
Attachments:

1. Contractor Disclosure Form

2. Project Vicinity Map
Visalia City Council Page 5 of 5 Printed on 11/17/2023
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33 !
!
HWY 198
GOSHEN AVE.

Hwy 198
E Noble Ave
E Mineral King Ave
N
Mc Auliff St
N
Arroyo St
E Race Ave
N
Sol St
E Oak Ave
E Vista Ave
E Stapp Ave
N Amador St
Rd 146
S
Sol St
E Center Ave
E Acequia Ave
S
Mc Auliff St
E Kaweah Ave
S
Sol Ct
E Stapp Ct
E Willow Ave
S
Sum
mit St
N
Coms ot ck St
E Villoy Ave
S
W ni d Ct
E Center Ct
S
Arroyo St
S
Hol al nd Ct
S
Casablanca
St
N
Casablanca St
N
Coms ot ck Ct
E Burrel Dr
N
Bennett Cir
E Mineral King Ave
N Bennett Cir
E Acequia Ave
N
Sol St
E Willow Ave
E Race Ave
E Oak Ave

MILL CREEK
DITCH
PACKWOOD .

GREENWAY TRAIL PHASE 1 & 2
Class I Multi-Use
Trail
Legend

VICINITY MAP
Ped Bridge
Greenway Trail Phase 1
Greenway Trail Phase 2
34 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0353 Agenda Date: 11/20/2023 Agenda #: 3.

Agenda Item Wording:

Authorize the City Manager to award the construction contract to JT2 Inc. doing business as Todd Companies of Visalia, CA for pathway improvements from Main Street to the Transit Center in the amount of $334,250.

Deadline for Action: 12-04-2023 (CDBG funds must be spent no later than March 31st, 2024) Submitting Department: Administration - CIP Engineering Contact Name and Phone Number:

Vikram Manke, Assistant Engineer, [email protected], (559) 713-4491 Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to award the construction contract to JT2 Inc.

DBA Todd Companies of Visalia, CA for ADA pathway improvements from Main Street to the Transit Center in the amount of $334,250
Summary:

The project goal is to provide ADA (Americans with Disabilities Act) compliant pedestrian improvements to improve accessibility and mobility of elderly and disabled persons from the Transit Center to Main Street on Bridge Street and Santa Fe Street. Under this project, improvements shall be made to the existing intersection ramps, sidewalk, curb, tree wells, driveway approaches, and alley approaches to comply with the ADA standards.

Background Discussion:

In April of 2022, the City adopted the Annual Action Plan for the federal Community Development Block Grant (CDBG) administered by U.S. Department of Housing and Urban Development (HUD). The Annual Action Plan identified several projects and programs that were to receive an allocation from the CDBG grant. The ADA improvement project from Main street to Transit Center is one of the approved public facility improvement projects that was included per the request of the Disability Advocacy Committee (now the Citizen’s Advisory Committee). CDBG funds were allocated to the project to improve ADA standards in the downtown area for the pathway connecting Main Street to the Transit Center.

The ADA improvements will be implemented along the pathway on Bridge Street and Santa Fe Street that connects Main Street to Transit Center. Staff has identified sections on this pathway that have uneven slopes, cracks, lifting, missing brick tiles, damaged tree well tiles, and narrow cross sections. All of these deficiencies lead to a non-compliant surface for disabled citizens. This project aims to correct the deficiencies through repairs and replacement of the existing intersection ramps, sidewalk, curb, tree wells, driveway approaches and alley approaches. The attached project map shows all sections of the pathway that will undergo improvements. Existing brick ramps at the intersection of Main Street and Bridge Street and at the intersection Visalia City Council Page 1 of 3 Printed on 11/17/2023
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File #: 23-0353 Agenda Date: 11/20/2023 Agenda #: 3.
improvements. Existing brick ramps at the intersection of Main Street and Bridge Street and at the intersection of Main Street and Santa Fe Street will be replaced with new concrete ramps. Sidewalk sections highlighted in the project map will also be replaced with new concrete. New tree well grates will be installed around existing trees and a few landscaping areas will be removed or modified to accommodate the improvements.

Engineering staff coordinated the project design with Parks and Urban Forestry Division to ensure consistency with their standards for landscaping and tree well grates. All new improvements will comply with ADA standards to ensure the safety and convenience for the disabled pedestrians.

Staff is cognizant of the impacts to the downtown and will coordinate this project with the immediate impacted properties and the surrounding downtown community. Coordination will include timely notifications, project updates, and other items deemed necessary to minimize disruptions and for continued access to business entrances.

Construction Timeline
Upon approval from City Council, staff will quickly issue the contractor a Notice to Proceed (NTP) due to lead time to procure tree wells and the pending funding deadline. The Contractor will begin work within ten working days of receiving the NTP. Contractor is allowed 30 working days to complete the project.

Bidding Process:

Staff advertised RFB 23-24-06 for the ADA pathway improvements from October 5, 2023 to November 2, 2023. One company responded with the following bid:

Contractor Location Bid Amount
JT2 Inc. DBA Todd Companies Visalia, CA $334,250
City staff reviewed the submitted bid and verified that the bidder provided the required information. JT2 Inc.

DBA Todd Companies’ bid proposal was the only responsive bid. The bid amount was comparable to Engineer’s estimate of construction costs and therefore reasonable. As part of the review process, the references provided by the bidder have been verified. The response from each reference was favorable and demonstrated that JT2 Inc. DBA Todd Companies can perform the work for this project.

Fiscal Impact:

The ADA Pathway Improvements Project from Main Street to the Transit Center is funded by Community Development Block Grant (CDBG). The budget summary is shown below:

Project Funding: CDBG Funding (Fund 311): $499,940
Total Project Funding: $499,940
Project Cost: Design Staff Time $45,000
Construction Contract $334,250
Contingency (Approx. 15% of construction cost) $50,000
Project Management and Inspection $32,000
City Surveying (Estimated) Utility Relocations (Estimated)$22,000 $10,000 Total Project Cost (Estimated): $493,250
Summary: Project Funding: Project Cost: $499,940 ($493,250) Funds remaining: $6,690
Visalia City Council Page 2 of 3 Printed on 11/17/2023
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File #: 23-0353 Agenda Date: 11/20/2023 Agenda #: 3.

Project Management and Inspection $32,000
City Surveying (Estimated) Utility Relocations (Estimated)$22,000 $10,000 Total Project Cost (Estimated): $493,250
Summary: Project Funding: Project Cost: $499,940 ($493,250) Funds remaining: $6,690
An estimated total of $493,250 is needed to complete the construction phase of the project. The current CDBG allocation is sufficient to cover the project cost, therefore no additional appropriation is needed at this time.

Any remaining funds, upon completion of the construction, will be returned to the appropriate fund from which they were allocated.

Alternatives: Not award the construction contract and re-advertise the project.

Prior Council Action:

April 18, 2022
City Council adopted the 2022 Annual Action Plan for the Community Development Block Grant, which included $342,940 in appropriation for design and construction of ADA improvements for the pathway from Main Street to Transit Center.

April 17, 2023
City Council adopted the Program Year 2022 CDBG Annual Action Plan Amendment appropriating an additional $157,000 for a total of $499,940 in CDBG for the ADA Transit Pathway Project CP0420.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award the construction contract to JT2 Inc. DBA Todd Companies of Visalia, CA for ADA Pathway Improvements from Main Street to the Transit Center in the amount of $334,250 Environmental Assessment Status:

CEQA Review Completed - Categorical Exemption, Section 15301(c) NEPA Review Completed - Categorical Exemption, 24 CFR 58.35(a) Attachments:

Project Location Map
Bid Results
Owner Disclosure Statement
Visalia City Council Page 3 of 3 Printed on 11/17/2023
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38 RFB No.: 23-24-06
Project Name: ADA Pathway Improvements from Main Street to Transit Center Project No.: 6110-72000/CP0420-999
Item No. Description Quantity Units
Unit Cost Total
1 Mobilization and Demobilization 1 LS $15,000.00 $15,000.00 2 Prepare and Maintain Pedestrian and Traffic Control Plan(s) 1 LS $4,500.00 $4,500.00 3 Dust Control 1 LS $500.00 $500.00
4 Construction Notification Signs 2 EA $1,500.00 $3,000.00 5 Storm Water Pollution Prevention 1 LS $1,500.00 $1,500.00 6 Remove and Dispose of Existing Concrete 3,800 SF $5.00 $19,000.00 7 Clearing, Grubbing and Demolition 1 LS $31,460.00 $31,460.00 8 Install City Std C-33 ADA Compliant Detectable Warning Surface 485 SF $53.00 $25,705.00 9 Construct City Std C-8 Curb 35 LF $74.00 $2,590.00
10 Construct 4” Thick Concrete 4,721 SF $18.00 $84,978.00 11 Construct City Std C-23 Drive Approach 1 EA $7,300.00 $7,300.00 12 Construct City Std C-24 Drive Approach 2 EA $8,600.00 $17,200.00 13 Construct City Std C-7 Vee Gutter 15 LF $126.00 $1,890.00 14 Install Full Depth Asphalt Concrete Plug 38 TON $424.00 $16,112.00 15 Install City Std P-20 Alley Pavement Paving Section 247 SF $85.00 $20,995.00 16 Install City Std P-20 Alley Concrete Section 35 SF $70.00 $2,450.00 17 Furnish and Construct Tree Well with Tree Grate 12 EA $4,210.00 $50,520.00 18 Remove Existing Storm Drain Inlet 1 EA $5,250.00 $5,250.00 19 Construct City Std GO Storm Drain Inlet 1 EA $7,800.00 $7,800.00 20 Signing, Striping and Pavement Modifications 1 LS $2,500.00 $2,500.00 21 Repair Landscape and Irrigation In-Kind 1 LS $14,000.00 $14,000.00 JT2 Inc. DBA Todd Companies
Lump Sum Total: $334,250.00
39 OWNERSHIP DISCLOSURE
Bidders Name: JT2 rnc DBA Tooo co11PANIEs
(To Accompany Bid Form)

BUSINESS OWNERSHIP DISCLOSURE
JT2 INC OBA TODD COMPANI ES
Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company PO BOX 6820 VISALIA CA 93290
Address
List the names of al l principals, partners. and/or trustees. For corporations. provide names of officers. directors and all stockholders owning more than 10% equity interest in corporation:

JIM TODD - PRESIDENT

THERESE TODD - SECRETARY

I CALIFORNIA LEVINE ACT STATEMENT
Californi a Government Code Section 84308, also known as the "Levine Act," can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve ( 12) months, and for twelve ( 12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contri bution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

I. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve ( 12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES: NO:+.-
lfyes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
Answering YES does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

RFB 23-24-06
ADA Pathway Improvements from Main Street to Transit Center, funded by CDBG 17 40
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0383 Agenda Date: 11/20/2023 Agenda #: 4.

Agenda Item Wording:

Second reading and adoption of Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02, a request by the City of Visalia to amend Visalia Municipal Code Chapter 17.25, add Section

Deadline for Action: 11/20/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Devon Jones, Economic Development Manager, [email protected] <mailto:[email protected]>, 713-4190
Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, 713-4025
Department Recommendation:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023- 13 for Zoning Text Amendment (ZTA) No. 2023-02.

Background Discussion:

On November 6, 2023, the City Council held a public hearing to consider ZTA No. 2023-02. This ZTA is a city-initiated request to address imminent state mandated changes as a result of the passage of SB 1186, the “Medicinal Cannabis Patients’ Right of Access Act” which becomes effective on January 1, 2024. After this date, “delivery only” (delivery of medicinal cannabis) businesses will be permitted, subject to reasonable zoning regulations for public health and safety, within the City of Visalia.

At the meeting, a total of two persons spoke, one in opposition to the agenda item wording and one person spoke in support of cannabis businesses at the City Council meeting. After closing the public hearing, the City Council voted (5-0) to conduct the First Reading of Ordinance No. 2023-13 for ZTA No. 2023-02. The second reading of the Ordinance is the final action the City Council takes in order for ZTA No. 2023-02 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.

Fiscal Impact:

None
Visalia City Council Page 1 of 2 Printed on 11/17/2023
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File #: 23-0383 Agenda Date: 11/20/2023 Agenda #: 4.

Prior Council Action:
· On November 6, 2023, City Council voted (5-0) to conduct the first reading and public hearing for Ordinance No. 2023-13.
· On July 17, 2023, staff conducted a work session with City Council on this subject and gained authority to proceed with municipal code updates to Title 5 Business Regulations, Title 8 Health and Safety, and Title 17 Zoning.

Committee/Commission Review and Action:

On October 9, 2023, the Planning Commission adopted Resolution No. 2023-52 recommending that the City Council approve adoption of ZTA No. 2023-02.

Alternatives: The City Council, may in lieu of the recommendation motion, consider any of the following alternatives:

1. Deny the Zoning Text Amendment in whole or in part;

2. Return the items to the Planning Commission for further consideration.

Note that effective on January 1, 2024, “delivery only” (delivery of medicinal cannabis) businesses will be permitted to operate in the City of Visalia by state law SB 1186, regardless of City regulations in place or not.

Recommended Motion (and Alternative Motions if expected):

I move to conduct the second reading and adopt Ordinance No. 2023-13 for Zone Text Amendment No. 2023-02.

CEQA Review:

The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish objective standards for delivery only medical marijuana retail establishments will not have a significant effect on the environment.

Attachments:

1. Ordinance No. 2023-13 for Zoning Text Amendment No. 2023-02 Visalia City Council Page 2 of 2 Printed on 11/17/2023
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ORDINANCE NO. 2023-13
ORDINANCE NO. 2023-13

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2023-02,
ADDING TO THE VISALIA MUNICIPAL CODE CHAPTER 5.66 (REGULATIONS AND

REQUIREMENTS FOR CANNABIS BUSINESSES PERMITTED TO OPERATE UNDER CALIFORNIA STATE LAW), AMENDING CHAPTER 8.64 (PUBLIC USE/CONSUMPTION OF MEDICAL MARIJUANA), AMENDING CHAPTER 17.25 (COMMERCIAL, MIXED USE, OFFICE, AND INDUSTRIAL ZONES USE MATRIX), AND ADDING SECTION 17.32.167 (DELIVERY

ONLY MEDICAL MARIJUANA RETAIL) IN ORDER TO ADDRESS UPCOMING STATE MANDATED CHANGES AS A RESULT OF THE PASSAGE OF SB 1186, THE “MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT”, AND ESTABLISH OBJECTIVE

STANDARDS FOR PERMITTING DELIVERY ONLY MEDICAL MARIJUANA RETAIL ESTABLISHMENTS WITHIN THE CITY OF VISALIA.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

Section 1. Findings. The City Council hereby finds the following in support of these municipal code additions and modifications:

A. In 1996 California voters approved Proposition 215, that legalized, under state not federal law, the possession and use of cannabis for medical purposes by individuals under designated circumstances; and
B. In 2016, California voters approved Proposition 64, the Adult Use of Marijuana Act, which established a system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. However, Proposition 64 expressly allowed local agencies, such as the City of Visalia to decide whether to allow commercial marijuana activities within the local agency jurisdiction; and C. In response to Proposition 64 and other state laws the City of Visalia approved ordinances that did not allow commercial cannabis activities, regardless of whether the cannabis was intended for medicinal or recreational use, City ordinances specifically allow an individual to use, possess limited quantities of, or cultivate marijuana (up to six plants) for personal use in compliance with state, not federal, law; and
D. In 2022, SB 1186, which becomes effective on January 1, 2024, the Medicinal Cannabis Patients’ Right of Access Act was signed into law, this statute decreases the prior allowances for local agency control over cannabis business by stating cities in California cannot adopt or enforce regulations that prohibit the retail sale by delivery of medicinal cannabis, although zoning and business license regulations of such businesses are allowed by state law; and
E. The City of Visalia has determined that reasonable zoning regulations, business licensing requirements, and modifications of current ordinances to comply with SB 1186 are necessary for the health, safety, and welfare of the citizens of Visalia.

F. Allowing delivery only (non-storefront) medicinal cannabis to be located in industrial zones, even with the proposed buffer zone, within the City of Visalia is consistent other types of delivery businesses and allows interested parties a large area within the City that is available for use, so the number of such sites is not restricted; and G. Not allowing this type of cannabis related business activity in commercial service zones avoids potential secondary impacts, such as encouraging youth smoking, drug use, 43 ORDINANCE NO. 2023-13
concerns over criminal activities from cannabis businesses, to other land uses that are more often located near commercial service zones compared to industrial zones, in addition the City Council finds that avoidance of these secondary impacts can be established by the requirement of a buffer zone between locations in industrial zoned areas and school sites within 500 feet; and
H. City Council finds that requiring delivery only medicinal cannabis businesses to be nonstorefront/delivery only, not cultivate marijuana onsite, provide a security plan, provide fencing, submit background inspections, submit to vehicle inspections, meet state mandated requirements for medicinal cannabis businesses, will also avoid potential secondary impacts, and provide for the safety and wellbeing of both the business applicant and surrounding community; and
I. City Council finds that parking and signage requirements are consistent with similar uses within the City; and
J. The Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on October 9, 2023; and
K. The Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing; and L. The City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on November 6, 2023, and introduced said Ordinance for first reading on that date.

M. The proposed Zoning Text Amendment is consistent with the intent of the General Plan, and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

N. That the proposed Zoning Text Amendment is not inconsistent with any other Element of the General Plan.

O. The ordinance additions and modifications establish objective standards to adequately address operational standards for delivery only medical marijuana retail establishments, consistent with the stated goals of the City of Visalia General Plan and Zoning Ordinance to preserve and promote the public health, safety, and welfare of the city while also adhering to SB1186, which prohibits local agencies from enforcing any local regulations that prohibit the retail sale by delivery of medicinal cannabis.

Section 2. Business License Requirements for Delivery Only Medicinal Cannabis. Chapter

5.66, setting forth regulations and requirements for cannabis businesses permitted under state law, is hereby added to address upcoming state mandated changes as a result of the passage of SB 1186, and establish objective standards for permitting delivery only medical marijuana retail establishments within the City of Visalia. This new chapter is set forth in italics below:

Chapter 5.66 Regulations and Requirements for Cannabis Businesses Permitted to Operate Under California State Law

5.66.010 - Purpose and Intent.

It is the purpose of this chapter to permit and regulate delivery only medical marijuana retail businesses, which the City of Visalia has been mandated by the Medicinal Cannabis Patients’ 44 ORDINANCE NO. 2023-13
Right of Access Act, Senate Bill 1186, passed in 2022 to allow within city boundaries. These types of businesses will be permitted as provided herein. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the city, the operating hours of medicinal cannabis businesses, the number or frequency of sales by delivery of medicinal cannabis, the types or quantities of medicinal cannabis authorized to be sold by delivery, or the establishment of physical premises from which retail sale by delivery of medicinal cannabis within the city is conducted by a licensed non-storefront retailer.

5.66.020 – Definitions.

All definitions set forth in Health and Safety Code Sections 11362.5 and 11362.7 et seq. and Business and Professions Code Section 26001, as may be amended, including but not limited to the terms “person with an identification card”, “primary caregiver”, “qualified patient”, “customer,” “delivery,” “license,” “manufacture,” and “identification card” shall apply under this chapter in addition to the definitions set forth as follows:
“Commercial marijuana activity” shall mean the same as “commercial cannabis activity” under Business and Professions Code Section 26001(l), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products as provided in Business and Professions Code Division 10, regulating the cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana and marijuana products for medical or non-medical purposes, but shall not refer specifically to “delivery only medical marijuana retail” as defined separately below or the deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.
“Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
“Cultivation of medical marijuana” means the cultivation of marijuana for medical purposes as defined in strict accordance with California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Delivery” means the commercial transfer of marijuana or marijuana products to a customer and includes the use of a retailer of any technology platform owned and controlled by the retailer.
“Delivery only medical marijuana retail” shall refer to a facility or location operated by a state licensed nonstorefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include industrial hemp as that term is defined in Health and Safety Code Section 11018.5 or the weight of any 45 ORDINANCE NO. 2023-13
other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product.
“Marijuana products” means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
“Medical Marijuana” means the use of marijuana for the purposes set forth in the Compassionate Use Act and the Medical Marijuana Program Act, which was adopted by California voters as Proposition 215 in 1996, found in California Health and Safety Code Sections 11362.5 and 11362.7 et seq.
“Private residence” means a house, an apartment unit, a mobile home, or similar dwelling. “Sell,” “sale,” and “to sell” includes any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same.

5.66.030 – Application requirements
In addition to adhering to the general business license provisions as identified in Chapter 5.04, any applicant for a required city business license must also adhere to the following business regulations:

A. A site plan of the proposed business would be required. The site plan must meet the same requirements as other commercial or retail businesses within the City of Visalia under Chapter 17.28 of the Visalia Municipal Code and demonstrate compliance with Visalia Municipal Code 17.32.167.

B. Copies of the applicant’s current M-license and Type 9 license from the CA Department of Cannabis Control required.

C. The name and address of the owner and lessor of the real property upon or in which the business is to be operated. If the applicant is not the legal owner of the property, a notarized acknowledgment from the owner of the property that a delivery only medical marijuana retail business will be located on his or her property is required for each permit application.

D. Any person, association, partnership, or corporation desiring to operate a delivery only medical marijuana retail business, that will own five percent (5%) or more of the business or operate a delivery vehicle must submit an application to the chief of police for an investigation of the applicant's background and history. A fee to recover costs of the background check must accompany the submission of each application. An annual nonrefundable renewal fee may also be charged to defray associated costs of investigation, inspection, and enforcement.

1. Each applicant for a background check must submit the following information:
i. The full true name and any other names used by the applicant. ii. The present address and telephone number of the applicant. iii. Driver's license number and Social Security number. iv. The proposed address of the business.
46 ORDINANCE NO. 2023-13
v. Each residence and business address of the applicant for the three (3) years immediately preceding the date of the application, and the inclusive dates for such address.
vi. Written proof that the applicant is at least twenty-one (21) years of age. vii. Applicant's height, weight, and color of eyes and hair. viii. Two (2) photographs of the applicant at least two (2) inches by two (2) inches taken within four (4) months preceding the date of the application. ix. Applicant's business, occupation, and employment history for the five (5) years immediately preceding the date of application.
x. The business license or permit history of the applicant, including whether such applicant has ever had any license or permit issued by any agency or board, city, county, or state revoked or suspended.
xi. All criminal conviction of applicant, and a statement of the dates and places of such convictions.
xii. If the applicant is a corporation, the name of the corporation must be set forth exactly as shown in the articles of incorporation or charter, together with the state and date of incorporation and names and residence addresses of each of its current officers and directors, and each stockholder holding more than five percent (5%) of the stock of the corporation. If the applicant is a partnership, the application must set forth the name and residence address of each of the partners, including the limited partners. If the applicant is a limited partnership, it must furnish a copy of its certificate of limited partnership filed with the county clerk. If one (1) or more partners is a corporation, the provisions of this section pertaining to corporate applicants will apply. The applicant corporation or partnership must designate one (1) of its officers or general partners to act as its responsible managing officer.

Such person must complete and sign all application forms required of any individual applicant under this chapter, but only one (1) application fee will be charged.
xiii. The chief of police may require the applicant to furnish fingerprints when needed for the purpose of verifying identification.
xiv. Such other identification and information as may be required by the chief of police in order to verify the information to be included in the application. xv. The city is allowed a reasonable time, not to exceed sixty (60) days, in which to investigate the information on the application. During the investigation of the background information, a city representative including, without limitation, a member of the police department, fire department, building and safety division, planning division, or any authorized representative thereof, may inspect, with or without notice during regular business hours, the proposed place of business to determine whether it conforms to the requirements of this chapter and Chapter 17.32.167. Upon completion of the inspection, the city representative must inform the chief of police in writing of the findings of the inspection. Background clearance will be issued, within sixty (60) days of receipt of the application, to any applicant who has furnished all of the information required by this section in the application for such license, provided all of the following apply:

1. The applicant(s) has not made a materially false statement in the application;

2. The applicant, if an individual, or in the case of an applicant which is a corporation or partnership, any of its officers, directors, or holders of five percent (5%) or more of the corporation's stock, has not, within five (5) years immediately preceding the date of the filing of the 47 ORDINANCE NO. 2023-13
application been convicted in a court of competent jurisdiction of any of the following offenses:
a. Any offense relating to possession, cultivation, manufacture, sale, or distribution of a controlled substance, with the exception of cannabis related offenses when the cannabis was possessed, cultivated, manufactured, sold, or distributed in compliance with State and/or the relevant local jurisdiction, as applicable;
b. Any offense relating to possession, cultivation, manufacture, sale, or distribution of cannabis that is illegal under State and/or a local jurisdiction, as applicable;
c. Any offense involving the use of force or violence upon the person of another;
d. Any offense involving theft, fraud, dishonesty or deceit; e. Sales of cannabis to a minor or use of a minor to distribute cannabis;
f. Any offense relating to the physical or sexual abuse of a minor;
g. Any offense relating to a failure to collect (any portion of), report, timely report, and/or remit (any portion of) a cannabisrelated tax to the State or any other local jurisdiction.

3. The applicant(s) are at least twenty-one (21) years of age;

4. The applicant(s) has not had a CA Dept of Cannabis Control license revoked, not renewed, or suspended within seven (7) years immediately preceding the date of the filing of the application, unless the applicant(s) can show a material change in circumstances or that mitigating circumstances exist since the revocation or suspension.

E. A security plan reviewed and approved by the Visalia Police Department is required prior to the business being allowed to operate. See specific security plan requirements described in Chapter 5.66.050 of this ordinance.

F. Indemnification. The applicant or its legal representative shall:

1. Indemnify and hold the City harmless from any and all claims, damages, legal or enforcement actions, including, but not limited to, any actions or claims associated with violation of Federal law associated with the operation of the commercial cannabis activity; defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of an entitlement for or the operation of the commercial cannabis activity; reimburse the City for any court costs and attorney fees that the City may be required to pay as a result of any legal challenge (or Federal enforcement action) related to the City’s approval of an entitlement for or the operation of the commercial cannabis activity.

2. Maintain commercial general liability and auto insurance in the amounts required by the California Department of Cannabis Control for a cannabis dispensary, provide the City of Visalia with proof of such insurance in a form acceptable to the City, and name the City as an additionally insured.

G. Before operating, the establishment’s owners must comply with all applicable codes adopted by the city, including, without limitation, the building, electrical, and plumbing codes.

5.66.050 - Security Plans
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Security plans shall comply with the following minimum standards:

A. The applicant shall provide adequate security and lighting on site to ensure the safety of persons and protect the premises from theft at all times in conformance with the security plan submitted with the application.

B. Any security guards employed by the applicant shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times. The applicant’s security guards shall not possess firearms.

C. A video surveillance system, as approved by the Visalia Police Department, shall continuously surveil the building exterior, entrances and parking area of the site, as well as areas of the interior including product storage area but excepting any restroom(s), twentyfour (24) hours a day. Footage from such surveillance shall be retained for at least forty-five (45) days.

D. There shall be no sales of alcohol or tobacco products, and no on-site consumption of alcohol, tobacco products, or cannabis products by employees.

E. Entry into the premises by the general public is prohibited.

F. Community Relations Liaisons.

1. The applicant shall provide law enforcement with the name and phone number of an on-site community relations liaison to notify if there are operational problems with the establishment.

2. The applicant shall have a community relations liaison designated at all times, who shall be twenty-one (21) years of age or older.

3. The liaison shall be responsible for receiving and responding to all concerns and complaints made to the City regarding the cannabis business and for making a good faith attempt to promptly address all concerns and resolve all complaints.

4. The liaison shall respond by phone or e-mail within forty-eight (48) hours of any complaint(s) or concern(s) reported by a City official.

5. The liaison’s name and contact information shall be provided to the City Manager prior to operation of the business and within forty-eight (48) hours of a designation of a new liaison.

City Code compliance officers, Building Safety Inspectors, Police Department or Fire Department staff requesting admission for the purpose of determining compliance with this article shall be given unrestricted access and allowed entry during all business hours. These inspecting authorities shall also have unimpeded access to inspect all on-site locations, records, reports, documents, points of sale, product, surveillance footage, and any other access deemed necessary to ensure compliance with this chapter.

5.66.060 – Delivery Vehicles
A. Delivery vehicles must be inspected by City and obtain an operating permit prior to use and must meet all state requirements for cannabis delivery vehicles.

B. Vehicles used in the delivery process must be unmarked without any designation or logo that identifies the vehicle as a cannabis delivery vehicle.

C. Business shall obtain and maintain in full force and effect automotive liability insurance policy with appropriate coverage.
49 ORDINANCE NO. 2023-13
D. Business shall obtain and maintain in full force and effect at all times while an active city business license is in effect workers’ compensation insurance as required by law.

E. The amount of cannabis allowed in each delivery vehicle shall be in compliance with state law.

F. Owners are required to maintain compliance with all applicable CA Department of Cannabis Control regulations pertaining to delivery vehicles.

5.66.080 – Odor Control
A. The business is required to prevent the smell of marijuana from the business from being detected on adjacent private properties, the public right of way, or within any other unit located within the same building as the business. This requires an odor control plan to be prepared and submitted to the City for approval.

B. The odor control plan may include installation of an odor absorbing ventilation and exhaust system or any other equipment the city determines has the same or better effectiveness, such as:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally,

2. An air system that creates negative air pressure between the premises’ interior and exterior so that the odors generated inside the premises are not detectable outside the premises.

5.66.090 – Performance standards
All delivery only medical marijuana retail businesses shall meet the following ongoing performance standards:

A. Meet all requirements stated in Visalia Municipal Code Chapter 8.64.055.

B. The applicant shall have a responsible person on the premises to act as manager and supervise employees at all times during business hours.

C. A business shall not make a physical change, alteration, or modification of the permitted premises without the prior written approval of the City. If a permitted premises is to be changed, modified, or altered, the business is responsible for applying for and securing all necessary City approvals, project plan approvals, and permits.

D. Maintaining a valid M-license and Type 9 license in good standing from the CA Department of Cannabis Control required.

E. Continued adherence to the security plan.

F. The business shall comply with the provisions of state and local laws, including other city laws governing the regulation and/or prohibition of commercial cannabis businesses.

G. Entry into the premises by the general public is prohibited. All sales are to be made by delivery offsite only.

H. Effective implementation of the odor control plan.
50 ORDINANCE NO. 2023-13
I. All new employees, managers, or owners, prior to hiring, must submit to a comprehensive background check by the business. The business must ensure that each potential party meets similar standards to pass background check as stated in the Application Requirements in Chapter 5.66.030, subsection D.

1. A party should not have any offenses relating to:
i. Possession, cultivation, manufacture, sale, or distribution of a controlled substance, with the exception of cannabis related offenses when the cannabis was possessed, cultivated, manufactured, sold, or distributed in compliance with State and/or the relevant local jurisdiction, as applicable; ii. Possession, cultivation, manufacture, sale, or distribution of cannabis that is illegal under State and/or a local jurisdiction, as applicable; iii. Any offense involving the use of force or violence upon the person of another;
iv. Any offense involving theft, fraud, dishonesty or deceit; v. Sales of cannabis to a minor or use of a minor to distribute cannabis; vi. Any offense relating to the physical or sexual abuse of a minor; vii. Any offense relating to a failure to collect (any portion of), report, timely report, and/or remit (any portion of) a cannabis-related tax to the State or any other local jurisdiction.

2. For each potential party, before beginning employment, the business must collect a sworn affidavit attesting that a comprehensive background check was conducted in conformance with this chapter; and the potential party meets the standards to pass this background check.

5.66.100 – Public Nuisance Abatement
Any business operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance. The City is authorized, in addition to or in lieu of any other legal or criminal proceedings, to commence an action or proceeding for abatement, removal or enjoinment of such business in the manner provided by law. The City may seek a court order to grant such relief to abate or remove such business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.

5.66.110 Revocation.

A. Grounds for revocation. The City may revoke approvals issued to the business to operate in the city for one (1) or more of the following grounds:

1. Fraud or deceit. That the applicant practiced fraud or deceit in obtaining an approval to operate business in the city;

2. Violation of chapter. That the business owner, operator, or its employee violated a provision or provisions of this chapter;

3. Criminal conviction. That the business owner, operator, or its employee has been convicted in a court of competent jurisdiction of any offense described in this chapter;

4. Improperly maintained facilities. That the facilities and operations of the business are not kept in compliance with this chapter and that the owner or operator has failed to promptly remedy any deficiency of which they have been notified. For purposes of this subsection, "notice" means notice given personally, or by leaving notice at the business premises, or by first class mail, postage prepaid, to the address designated by the business in accordance with this chapter;

5. Error. That the approval was issued in error;
51 ORDINANCE NO. 2023-13

6. Civil penalties or administrative citations. Assessment of three (3) or more civil penalties or administrative citations as provided by this chapter during any six (6) month period; or

7. Prohibited conduct. A business owner, operator, or its employee has been found to have engaged in prohibited conduct in violation of this chapter.

8. Notice of revocation. Upon a determination on the grounds to revoke an approval under this chapter, the City must cause a notice of revocation to be mailed by first class, postage prepaid mail, to the address designated by the business pursuant to this chapter.

5.66.120 Enforcement and penalties.

A. Any person violating any provision of this chapter is liable in a civil action brought by the City for an amount up to $500 per violation. Such person is also liable for reasonable attorneys' fees and costs incurred by the city attorney in any civil proceeding filed to enforce this chapter.

Each day that a violation continues may be considered a new and subsequent offense.

B. Alternatively the city may choose to enforce violations through the administrative code enforcement process described in Chapter 1.13 of the Visalia Municipal Code, with violations being punishable with a $100 fine for the first violation, a $200 fine for the second violation, and a $500 fine for the third and subsequent violations. Each day that a violation continues may be considered a new and subsequent offense.

C. Enforcing this chapter through civil action may be filed as an alternative to criminal enforcement. Civil enforcement does not require the violation to be knowing or willful. A civil or administrative action cannot be filed if the person is being criminally prosecuted.

D. The City may settle any civil enforcement before or after to the filing of a civil action by imposing a civil penalty in an amount not exceeding the potential civil liability, including attorneys' fees, set forth in this section. If such civil penalty is paid in full, the City can agree not to file civil or criminal actions or, if action has already been filed, may dismiss such action.

Imposition of all civil penalties is public record.

5.66.130 Appeal.

After denial of an application for a business license, or after denial of renewal of a business license, or suspension or revocation of a business license, the applicant or person to whom the business license was granted may appeal the decision to the city manager, or designee, by filing a written notice with the city clerk within ten (10) business days from the receipt of the notice of denial. The city manager or representative shall hold a hearing on the appeal within thirty (30) business days from the receipt of the notice by the city clerk. The decision of the city manager, or designee, following the hearing shall be final and conclusive. There is no appeal to the City Council. If the denial, suspension, or revocation is affirmed on review the applicant or licensee may seek judicial review of such administrative action pursuant to California Code of Civil Procedure § 1094.8. The time for filing such action is governed by California Code of Civil Procedure § 1094.8.

Section 3. Modifications to Current Medical Marijuana Ordinances. The City Council hereby finds that amendments are required to current municipal codes regulating medical marijuana in order to comply with SB 1186. The following amendments are to be made to Visalia Municipal Code sections 8.64,010, 8.64.020, 8.64.050, with additional language in italics, deleted language in strikeout, and new section 8.64.055 shall be added:

8.64.010 Purpose and intent.
52 ORDINANCE NO. 2023-13
It is the purpose of this chapter to promote the health, safety, morals, general welfare and enjoyment of private property of the residents within the city by restricting the public use and consumption of marijuana; prohibiting, to the maximum extent permitted under the state law, the commercial cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana within the City of Visalia; and by regulating the individual cultivation of marijuana. This chapter is intended to prohibit these activities to the maximum extent possible by a local agency as authorized under the state law, specifically the Compassionate Use Act, Proposition 215, passed in 1996, and the Adult Use of Marijuana Act, Proposition 64, passed in 2016, and the Medicinal Cannabis Patients’ Right of Access Act, Senate Bill 1186, passed in 2022.

8.64.020 Definitions.
“Commercial marijuana activity” shall mean the same as “commercial cannabis activity” under Business and Professions Code Section 26001(k) 26001(l), which includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of marijuana and marijuana products as provided in Business and Professions Code Division 10, regulating the cultivation, distribution, transportation, storage, manufacturing, processing, and sale of marijuana and marijuana products for medical or non-medical purposes, but shall not refer specifically to “delivery only medical marijuana retail” as defined separately below or the deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.
“Delivery only medical marijuana retail” shall refer to a facility or location operated by a state licensed non-storefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.

8.64.050 Medical marijuana dispensaries and c Commercial marijuana activity prohibited.

A. A medical marijuana dispensary as defined in subsection B. of this section may not be established within the City of Visalia, and no permit of any type shall be issued therefor.

Notwithstanding Section 17.02.110 of the Visalia Municipal Code, in no event shall a medical marijuana dispensary as defined in subsection B. of this section be considered a permitted or conditionally permitted use in any land use zoning district. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized or prohibited by the laws of the State of California as set forth in the Health and Safety Code, Penal Code, or other state law, or by any federal law, provided such possession, use or cultivation otherwise complies with any applicable provisions of the Visalia Municipal Code.

B. A medical marijuana dispensary is any facility or location, whether fixed or mobile, where marijuana is cultivated, made available, and/or distributed by or to three or more persons within the following categories: a primary caregiver, a qualified patient, or a patient with an identification card, as those terms are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq. as such sections may be amended from time to time.

A. Commercial marijuana activities are prohibited within the City of Visalia with the exception of:
53 ORDINANCE NO. 2023-13

1. Deliveries of marijuana within Visalia when the sales, based on location of the seller, were made in jurisdictions that allow sales of cannabis by delivery and the delivery vehicles are in compliance with applicable state regulations and those of the permitting jurisdiction.

2. Delivery only medical marijuana retail establishments that meet reasonable zoning restrictions and development and operational standards as identified in Chapter

8.64.055, Chapter 5.66 and Chapter 17.32.167.

B. Delivery of marijuana is prohibited within the city regardless of whether the delivery is initiated within or outside of the city, and regardless of whether a technology platform is used for delivery by a dispensary. This subsection does not apply to delivery services that are using public roads to travel through the City of Visalia as permitted under state law, although such delivery services must comply with all other state laws and local ordinances as applicable.

8.64.055 Delivery only medical marijuana retail.

A. As authorized by the Medicinal Cannabis Patients’ Right of Access Act, California Senate Bill 1186, passed in 2022, a delivery only medical marijuana retail dispensary as defined in subsection B., and developed and operated in accordance with the development and operational standards as defined in Chapter 5.66 and Chapter 17.32.167 may be established within the City of Visalia. This section shall not affect the right to possess, use or cultivate marijuana for medicinal purposes as is presently authorized or prohibited by the laws of the State of California as set forth in the Health and Safety Code, Penal Code, or other state law, or by any federal law, provided such possession, use or cultivation otherwise complies with any applicable provisions of the Visalia Municipal Code.

B. A delivery only medical marijuana retail dispensary is any facility or location operated by a state licensed non-storefront retailer possessing a current M-license and Type 9 license from CA Department of Cannabis Control where medical marijuana is made available, and/or distributed by method of delivery only, with no on-site customer services of any kind, to medicinal cannabis patients, as defined in Section 11362.7 of the Health and Safety Code, who possess a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.

Section 4. Modifications to Visalia Municipal Code Chapter 17.25. Zoning Text Amendment No. 2023-02 a request by the City of Visalia to amend the table found in Visalia Municipal Code Chapter 17.25 (Commercial, Mixed Use, Office, and Industrial Zones Use Matrix) by adding a section for Delivery only medical marijuana retail is hereby approved:
54 ORDINANCE NO. 202
3-13
55 ORDINANCE NO. 202
3-13
56 ORDINANCE NO. 2023-13
Section 5. Regulations for Delivery Only Medical Marijuana Retail. Section 17.32.167, an ordinance to set forth regulations for delivery only medical marijuana retail businesses is hereby added to the Visalia Municipal Code. This municipal code section is included below and is in italics to note that it is a new code section:

17.32.167 Delivery only medical marijuana retail.

A. Purpose and Intent. It is the purpose of this section to allow, in certain cases and subject to specific zoning restrictions and development and operational standards, the operation of delivery only medical marijuana retail facilities and to regulate such operations for the protection of the general health, safety and welfare of the citizens of the city.

B. Zoning Restrictions:

1. Use is permitted in the Light Industrial (I-L) Zone and Industrial (I) Zone.

2. Marijuana cultivation is not permitted.

3. Delivery only medical marijuana retail businesses shall not be located:
57 ORDINANCE NO. 2023-13
Within five hundred (500) feet of any existing or planned public, private, or parochial schools, elementary schools, middle schools, or high schools located either inside or outside of the city limits.

As used in this section, “existing” means existing at the time the permit application is submitted. “Planned” means property designated on the general plan of the city for such use, or other official planning documents of the city, or property owned or leased by the city for such use.

C. Parking requirements
One parking space for each employee during the shift of maximum employment, plus one parking space for each vehicle used in conjunction with the use is required.

D. Fencing and/or security gates
A fence that is a minimum height of seven feet, subject to the standards for fencing in industrial zones defined in Section 17.36.070, along with gates to secure the business and prevent public access shall be required.

E. Signage
All signage is subject to the requirements as defined in Section 17.48.

F. Other Delivery only medical marijuana retail standards Delivery only medical marijuana retail establishments must also meet all requirements of Chapter 5.66 - Regulations and Requirements for Cannabis Businesses Permitted to Operate Under California State Law.

Section 6. CEQA. The project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption); and Section 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance.

The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable.

Section 8. Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Section 9. Effective Date. This Ordinance shall take effect thirty days after its adoption.

Section 10. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. 58 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0399 Agenda Date: 11/20/2023 Agenda #: 5.

Agenda Item Wording:

Authorize the City Manager to award the contract for Street Sweeping Services to SCA of CA, LLC for an annual amount of $1,868,741 for an initial 1-year term, renewable for four (4) additional oneyear terms, and appropriate $115,797 from the General Fund and $390,202 from the Gas Tax Fund.

Deadline for Action: 11/6/2023
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 award a contract (RFB 22-23-31) to SCA of CA, LLC for the City-wide street sweeping service in the amount of $1,868,741, and appropriate $115,797 from the General Fund and $390,202 from the Gas Tax Fund.

Background Discussion:

The annual street sweeping contract provides for monthly sweeping of all public streets within City limits. The contract also covers City and Park parking lots, trails, and some alleys in the downtown area. There is an established “leaf” route that covers designated areas of the City with mature street trees, adding one additional sweep per month for 3 months during the fall leaf season. Additionally, some areas identified by the City, are swept more often, such as downtown streets, which are swept weekly.

Central Valley Sweeping, Inc. held the City’s prior street sweeping contract. In July of 2021, Central Valley Sweeping, Inc. was acquired, and the contract was assumed by SCA of CA, LLC. The contract terms remained the same. However, this contract expired on September 26, 2022, requiring that the City secure a month-to-month contract until a new RFB could be advertised and awarded.

Due to the October 4, 2021, Department of Industrial Relations ruling on Public Works Case No. 2022-005 - Street Sweeping Maintenance Services - City of Elk Grove, staff was informed by the City’s Finance department that the City’s new contract would be subject to prevailing wage requirements. This case determined that street sweeping is classified as a regular or routine maintenance activity, therefore constituting “public work”, and subjecting it to prevailing wage requirements. (See Attachment 1)
Before advertising for new bids, understanding that prevailing wage and other general industry conditions would likely increase the cost of the contract, City staff performed an analysis to identify the cost of an internal street sweeping operation. This analysis, although deemed impossible for the acquisition of equipment in the immediate future, was used as a comparison for the incoming bids.

Visalia City Council Page 1 of 6 Printed on 11/17/2023
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File #: 23-0399 Agenda Date: 11/20/2023 Agenda #: 5.

Further explanation of this analysis is shown in the fiscal impact section.

The City’s advertisement for RFB 22-23-31, Annual Contract for Street Sweeping, was published on August 15, 2023. This RFB included the general prevailing wage determinations and the City of Visalia Labor Compliance manual which identified prevailing wage requirements.

Only one bid was received and was submitted by the current contractor, SCA of CA, LLC. This bid was found to comply with all bid requirements of the RFB. The base bid of $1,763,366 plus an additional $105,375 of alternative items, resulted in an increase of $1,004,817 annually over the current contract. The breakdown is explained in detail in the fiscal impact section of this report. Staff has reviewed the bid from SCA of CA, LLC and have found it to meet all bid requirements and the scope of work. The contractor will invoice the City monthly and include any emergency or nonemergency sweep invoices to the designated departments that request the special sweep.

Fiscal Impact:

The cost of this contract is budgeted annually, and this bid requires an additional budget appropriation from the General Fund of $115,797 and the Gas Tax Fund of $390,202 for the remainder of the fiscal year. Due to the increase to the Solid Waste Fund items within the cost proposal, staff felt it was appropriate to recommend that the Gas Tax Fund contribute a share of the cost in the current and future years due to the nature of the street sweeping and the benefit it brings to the roadways.

The RFB contained a base bid section that included all required City streets, parking lots and intersections. The base bid was used for bid comparison purposes, although there were no other bids. The base bid also included the as-needed items of emergency sweep call outs at an hourly rate, but these were not used for bid comparison.

In addition to the base bid, the RFB contained two alternate items. Alternate Item #1 included additional sweeping services of all streets and medians already part of the base bid, increasing the service to twice per month. Alternate Item #2 included additional fall “leaf” sweeps, as needed.

The table below shows the cost of each Base Bid item, the additional services not included in the current contract, and the alternate as-needed items being recommended by staff:

Base Bid Contract Item Frequency Annual Price
Residential streets w/o medians Monthly $904,800.00
Residential streets with medians Monthly $116,100.00
State highway w/o median Weekly $30,160.00
State highway with median Weekly $40,560.00
Downtown Central Streets 2x/week $90,480.00
Downtown East Streets 2x/week $9,672.00
Downtown District, alleys Weekly $17,342.00
Bike Paths - Various 2x/month $60,732.00
Paths - Packwood Weekly $5,460.00
Parking Lots - Downtown Weekly $104,082.00
Parking Lots - Downtown 2x/month $21,359.00
Sports Park Parking Lots Weekly $60,911.00
Sports Park Roadway Weekly $24,586.00
Fall Leaf Season Monthly (Nov-Jan) $76,875.00
Corp Yard Bi-weekly $28,462.00
CNG Slo-fill area Bi-weekly $9,582.00
CNG fast fill area Monthly $742.00
Major intersections Quarterly $77,600.00
Plaza Park & Parking Lots 2x/month $7,739.00
Blain Park 2x/month $2,031.00
Ruiz Park 2x/month $1,158.00
Fairview Park 2x/month $658.00
Whitendale Park 2x/month $4,112.00
Summers Park 2x/month $1,380.00
Recreation Park 2x/month $1,394.00
St. Johns Park @ Ben Maddox 2x/month $1,010.00
Parking Lot @ Lovers Lane 2x/month $601.00
Downtown Parking Structures Weekly $56,394.00
Base Bid New Items Frequency Annual Price
Dilineated Bike Paths 2x/month $5,040.00
Transit Employee Parking Lot Quarterly $352.00
Transit Bus Yard Quarterly $1,992.00
Base Bid Contract Price $1,763,366.00
Additional Alternate Items Frequency Annual Price
Non Emergency As needed $18,000.00
Emergency (2 hour response time) As needed $10,500.00
Extra Fall Leaf Sweeps - Alternate Item #2 As needed $76,875.00 Total of Additional Items $105,375.00
Total Contract Needed $1,868,741.00
Visalia City Council Page 3 of 6 Printed on 11/17/2023
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File #: 23-0399 Agenda Date: 11/20/2023 Agenda #: 5.

As shown above, the recommendation of awarding the base bid and the additional alternate items to the sole bidder, SCA of CA, LLC, totals $1,868,741. The current non-prevailing wage contract that the City administers with the same contractor is $863,924 for the base contract price, a proposed increase of $1,004,817 per year. Alternate Bid Item #1, which included the increase of an additional sweep of all City streets and medians per month, would have added an additional $953,412 annually.This is not being recommended by staff due to the already significant increase in the total cost of the contract.

The future annual total cost for each fund would be as follows:

Fund/Division Future Annual Cost
General Fund $315,800
Measure N (Bike Paths/Trails/Parks) $42,845
Transit $2,344
Gas Tax $668,917
Solid Waste Enterprise $838,835
Total Annual Cost $1,868,741
It is important to note that quantities are based on existing City limits and streets. Future additions, growth and/or development will be added to the contract in accordance with the terms and rates of the base bid.

Additional Appropriation needed:

The breakdown of the appropriation amounts requested from the funds in this report is as follows:

Fund/Division Current Cost Future Annual Cost
Annual Increase
from previous
Contract
FY23-24
7-month
Appropriation
Gen. Fund (Parking Lots/Bike Paths) $117,291 $315,800 $198,509 $115,797 Measure N (Bike Paths/Trails/Parks) $13,171 $42,845 $29,674 Already Budgeted Transit $0 $2,344 $2,344 Already Budgeted
Gas Tax $0 $668,917 $668,917 $390,202
Solid Waste Enterprise $838,835 $838,835 $0 $0
Totals $969,297 $1,868,741 $899,444 $505,999
*Solid Waste amount shown with additional contracted sweep items for comparison purposes.

The increase to the current year budget will need an appropriation from the Gas Tax and General Fund to fund the components related to the increase of the new contract amount. This appropriation will keep the Measure N Fund and the Solid Waste Enterprise Fund within their current budgeted amounts. Future budget amounts will be approved through the normal City-wide budget process.

In-house street sweeping analysis:

Before advertising for bids, City staff preemptively conducted an analysis of the anticipated costs for the City to run its own street sweeping division. The costs included purchasing seven (7) sweepers of various configurations, hiring eight (8) staff including a new supervisor and an office hourly, and all the equipment, maintenance, disposal, and replacement costs.

Considering all of these factors, staff estimated that running a street sweeping division would cost $1,795,290 per year. The table below illustrates the current and future contracts, as compared to an Visalia City Council Page 4 of 6 Printed on 11/17/2023
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File #: 23-0399 Agenda Date: 11/20/2023 Agenda #: 5.
in-house operation.

Contract Type Monthly Cost Annual Cost Start Up Cost
City Current Contract $71,994 $863,923.00 $0.00
City Future Contract (Base Bid) $146,947 $1,763,366.00 $0.00 City Future Contract (Alternate Items) $8,781 $105,375.00 $0.00 Total Future Contract $155,728 $1,868,741.00 $0.00
City Estimated In House $149,608 $1,795,290.00 $2,644,000.00 As shown above, a City-operated street sweeping division could result in a potential annual savings of $73,451 per year. However, despite the annual depreciation of equipment being included in the annual cost, it does not include the start-up costs of purchasing the equipment of $2,644,000. The estimate also assumes that staff can procure diesel operated sweepers at today’s prices. Any future equipment increases, or a switch to zero-emission sweepers would impact costs significantly.

Staff’s analysis is based on the routine operation of sweeping for the City and does not include additional operations that may be needed during the fall “leaf” season or other peak times. In these cases, due to the high cost of equipment, the City would most likely still rely on contractors to supplement its operations, rather than entertain a seasonal need for fluctuations in its own staff and equipment. This would again result in an added cost.

In addition, the inability for staff to mobilize personnel and equipment immediately due to equipment availability and staffing lead times, coupled with the uncertainty and risk of initiating and operating a new division, staff is recommending that a contractor be utilized for City-wide street sweeping services at this time. As operations progress, staff will continue to monitor conditions and evaluate alternatives in the future.

Prior Council Action: 9/5/2017 - Award of previous contract to Central Valley Sweeping, Inc.

Other: N/A
Alternatives: Alternative is to not award the contract to SCA of CA, LLC and direct staff to re-bid.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a contract (RFB 22-23-31) to SCA of CA, LLC for the City-wide street sweeping service in the amount of $1,868,741, and appropriate $115,797 from the General Fund and $390,202 from the Gas Tax Fund (111).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment 1 - DIR Public Works Case No. 2022-005 - Street Sweeping Maintenance Services - City of Elk Grove; RFB 22-23-31 - Street Sweeping Services; Bid from SCA of CA, LLC; Sample Contract
Visalia City Council Page 5 of 6 Printed on 11/17/2023
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File #: 23-0399 Agenda Date: 11/20/2023 Agenda #: 5.

Visalia City Council Page 6 of 6 Printed on 11/17/2023
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor

DEPARTMENT OF INDUSTRIAL RELATIONS
Katrina S. Hagen, Director
Office of the Director
1515 Clay Street, 17th Floor
Oakland, CA 94612
Tel: (510) 286-7087 Fax: (510) 622-3265
October 4, 2021
Jesse Jimenez
Director of Field Operations
Foundation for Fair Contracting
3807 Pasadena Avenue, Suite 150
Sacramento, California 95821
Re: Public Works Case No. 2020-005
Street Sweeping Maintenance Services
City of Elk Grove
Dear Mr. Jimenez:

This constitutes the determination of the Director of Industrial Relations regarding coverage of the above-referenced project under California’s prevailing wage laws and is made pursuant to California Labor Code section 1773.51 and California Code of Regulations, title 8, section 16001, subdivision (a). Based on my review of the facts of this case and an analysis of the applicable law, it is my determination that street sweeping maintenance services for the City of Elk Grove constitute public work and are therefore subject to prevailing wage requirements.

Facts
The City of Elk Grove (City) solicited bid proposals for its “Street Sweeping Maintenance Services Project (OM 2005),” which includes in its scope of work “street sweeping either by machine sweeping or hand sweeping all designated improved public streets including curb returns and median islands within the City of Elk Grove city limits on a uniform schedule including approximately 14,000 curb miles throughout the City.” The sweeping is conducted in “residential areas, major corridors or arterial streets, commercial/industrial corridors, parking lots, and intersection sweeps at signalized intersections.” Depending on the area, the frequency of the sweeping can be as often as once per week for major streets but is generally done on a once-per-month basis.

The contractor must employ regenerative air or vacuum sweepers to remove all loose debris and material along the sweeping path, including, but not limited to: sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, litter, trash, small tree limbs, palm fronds, and other debris. Larger debris may be swept by a broom sweeper. Any debris 1 Unless otherwise indicated, all further statutory references are to the California Labor Code.
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that is swept onto the sidewalk, driveway aprons, and access ramps must also be removed. The contractor must manually remove debris that cannot be swept mechanically. Unusually heavy debris that cannot be removed by “extra effort sweeping” must be immediately reported to the City. The contract includes other related services.

The contractor must include “residential street leaf pickup” that occurs four times a year, typically in the months of December and January. The contractor must also be able to respond within an hour to “remove and eliminate a public safety hazard.” The solicitation originally contained provisions requiring compliance with prevailing wage requirements. An addendum later removed all references to prevailing wage requirements, and the City’s response to bidders’ “requests for interpretation” expressly states that prevailing wage rates are not required for the contract. The City cites PW Case No. 2005-007, City of Santa Clarita (June 1, 2005/Feb. 7, 2006) (Santa Clarita Street Sweeping), which determined that street sweeping, under the specific facts of that particular case, does not constitute public works. In analyzing the impact of coverage under the prevailing wage law, a City staff report estimated that prevailing wage requirements would double the annual cost of the contract from $400,000 to approximately $800,000.

Contentions Advanced by Interested Parties
The Foundation for Fair Contracting (FFC), which made the request for this determination, argues that street sweeping is maintenance because it is routine, recurring, and usual work done for the preservation, protection, sanitation, and keeping of publicly-owned and operated facilities and for the protection and safety of the public as a whole. FFC raises a number of dangerous road conditions that are alleviated by routine street sweeping, and FFC’s overriding concern is that unsafe conditions for motorists and cyclists are created when roadway debris accumulates.

In support of its argument, FFC refers to four prior coverage determinations issued by the Department finding that street sweeping work is covered under the prevailing wage law, later discussed below. FFC also cites PW Case No. 2016-015, Snow Removal and Snow Staking Services – County of El Dorado (Jan. 31, 2017) (El Dorado Snow Removal) and argues that street sweeping is similar to snow removal and is not subject to the janitorial or custodial exceptions to the maintenance definition because street sweeping is neither janitorial nor custodial in nature.

The City of Elk Grove states that it determined prevailing wage requirements do not apply to street sweeping, based on the Santa Clarita Street Sweeping determination.

The City makes no other additional argument and requests guidance from the Department to comply with its prevailing wage obligations, if any.

Discussion
All workers employed on public works projects must be paid at least the prevailing wage rates applicable to their work. (§ 1771.) The standard and most common definition of “public works” is construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds. (§ 1720, subd. (a)(1).) 66 Determination Letter to Jesse Jimenez
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Maintenance work is also a type of public work, and the prevailing wage law expressly applies to “contracts let for maintenance work.” (§ 1771; Reliable Tree Experts v. Baker (2011) 200 Cal.App.4th 785, 795-796 (Reliable Tree).) A regulation defines “maintenance” to include:
(1) Routine, recurring and usual work for the preservation, protection and keeping of any publicly owned or publicly operated facility (plant, building, structure, ground facility, utility system or any real property) for its intended purposes in a safe and continually usable condition for which it has been designed, improved, constructed, altered or repaired. (2) Carpentry, electrical, plumbing, glazing, [touchup painting,] and other craft work designed to preserve the publicly owned or publicly operated facility in a safe, efficient and continuously usable condition for which it was intended, including repairs, cleaning and other operations on machinery and other equipment permanently attached to the building or realty as fixtures.

Exception:1: Janitorial or custodial services of a routine, recurring or usual nature is excluded.

Exception:2: Protection of the sort provided by guards, watchmen, or other security forces is excluded.
(3) Landscape maintenance. See Public Contract Code Section 21002.

Exception: Landscape maintenance work by "sheltered workshops" is excluded.
(Cal. Code Regs., tit. 8, § 16000 (hereafter Regulation 16000).) There is no dispute that the street sweeping maintenance services at issue are done under contract and paid for out of public funds. The issue is whether the street sweeping work constitutes maintenance under the prevailing wage law.

A. Prior Coverage Determinations and Relevant Case Law.

The Department has published a number of coverage determinations addressing the question of whether street sweeping is considered maintenance, which FFC cited in its request for coverage determination. In PW 1999-028, County of San Diego Road Maintenance (June 30, 1999) (San Diego Road Maintenance), the Department found work tasks that fell under the designation of “roadway cleaning” fit within Regulation 16000’s definition of maintenance. “The tasks involve cleaning roads with a street sweeper, manually picking garbage up off the roads with a hand picker and plastic bags, and removing sand, mudslides, vegetative debris deposited in the roads by weatherrelated phenomenon with a loader, grader and ramp trailer. These are routine, recurring and usual tasks intended to keep the roads in a safe and continually usable condition.” (San Diego Road Maintenance, supra, PW 1999-028.)
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In PW 2000-021, City of Santee/California Street Maintenance Street Sweeping (Aug. 11, 2000) (Santee Street Sweeping), the Department again reasoned that street sweeping “done with standard heavy-duty mechanical brush and broom-type street sweeping equipment, as necessary, to clean the designated areas of all paper, wet leaves, dirt, rocks and other debris” was considered maintenance because the “cleanliness of the streets is a necessary function of keeping them in a safe and continually usable condition.” (Santee Street Sweeping, supra, PW 2000-021.) This conclusion – on a different but substantially similar City of Santee street sweeping contract – was reaffirmed two years later. (See PW 2001-061, City Street Sweeping (Mar. 7, 2002).) The Department relied on the Santee Street Sweeping coverage determination to once again conclude that another contract for street sweeping for the City of Rohnert Park constituted maintenance. (PW 2002-067, City of Rohnert Park-Street Sweeping (Apr. 16, 2003).)
A mere two years later, the Department departed from all four of the above street sweeping determinations. Instead, the Department then decided that street sweeping for aesthetic or environmental reasons does not serve to maintain the city streets in “good order or condition,” does not keep the streets from “harm or damage,” does not "shield from injury, danger or loss, nor does it constitute guarding or defending." (Santa Clarita Street Sweeping, supra, PW 2005-027.) The City relies on Santa Clarita Street Sweeping.

In the more than 15 years since the Santa Clarita Street Sweeping determination, the Department and the Court of Appeal have continued to issue guidance on the definition of maintenance that has helped flesh out the law.2 For instance, in PW 2005- 028, Self-Generated Waste Program and Highway Spill Program – California Department of Transportation (May 17, 2006) (Self-Generated Waste), the Department concluded that routine work to “remove hazardous liquid waste from floor sumps, hydraulic hoist pits and wash rack clarifiers” for Department of Transportation (Caltrans) facilities was considered maintenance. “Failure to clean these facilities in a timely fashion would impede maintenance operations, violate Caltrans storm water permit and create safety concerns for Caltrans maintenance workers.” (Self-Generated Waste, supra, PW 2005-028.) In another determination involving Caltrans, the Department determined that homeless encampment debris removal constituted maintenance “because the debris poses a health and safety threat to both Caltrans workers and the motoring public,” and “unlike scattered roadside litter, the large volume of debris concentrated at a homeless site can move into and obstruct the roadways, constituting a direct impediment to the motoring public.” (PW 2009-008, Agreement No. 07A2407 - Homeless Sites Debris Removal and Disposal – California Department of Transportation (June 5, 2009) (Homeless Sites Debris Removal).) Consequently, the debris removal work at homeless encampment sites that 2 In a case that actually predated Santa Clarita Street Sweeping by a few months, the Court of Appeal held that “placing 13,480 tons of earth fill and 400 tons of class 2 aggregate base” on a levee to maintain the levee in a condition to withstand flooding was considered maintenance and subject to prevailing wage requirements. (Reclamation Dist.

No. 684 v. Department of Industrial Relations (2005) 125 Cal.App.4th 1000, 1003.) Santa Clarita Street Sweeping, however, did not discuss or cite this published appellate opinion. 68 Determination Letter to Jesse Jimenez
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were located next to state highways is “necessary to keep the state highway system in a safe, and continually usable condition.” (Ibid.)
With respect to another Caltrans contract, the Court of Appeal held that “brush removal, tree trimming and tree removal” work on state-owned highway rights-of-way performed by a private contractor constituted maintenance. (Reliable Tree, supra, 200 Cal.App.4th at p. 789.) Because Caltrans was responsible for “maintaining thousands of miles of paved roads and highways,” Caltrans was “in effect sharing its statutory responsibility” when it decided to hire an outside contractor to do this work. (Reliable Tree, supra, 200 Cal.App.4th at p. 796.) Although the Reliable Tree court did not delve into the specifics of why tree removal fit Regulation 16000’s definition of maintenance, implicit in the court’s conclusion is that the recurring need to trim or remove trees ensures that branches, leaves, or the trees themselves do not fall into or otherwise obstruct the state highway. In that sense, the work was done “for the preservation, protection and keeping” of the state highways “in a safe and continually usable condition” for open use by the public. (Regulation 16000; see also Veh. Code, § 360.) Embracing the Reliable Tree court’s less rigid interpretation of maintenance, the Department determined that standalone testing and inspection of fire sprinkler and fire alarm systems qualified as maintenance.3 The Department then found that work removing snow from streets and parking lots is covered as maintenance, reversing a 22-year-old determination that snow removal from roadways and parking lots was merely custodial work. (El Dorado Snow Removal, supra, PW 2016-015.) And very recently, the Department has found maintenance to include routine tree removal and disposal and lead dust removal work.4 This evolution of the law on maintenance guides the Department’s analysis of the work at issue here.

B. Street Sweeping is Routine and Recurring Work that Keeps Public Streets and Facilities in a Safe and Continually Usable Condition for Public Use.

Under the contracts, the City requires once-a-week sweeping on some arterial (i.e. major) streets, twice-a-month on other arterial streets, and once-a-month sweeping on all other streets and parking lots. Four times a year, the contractor must also pick up leaves from residential streets. Like the tree removal work in Reliable Tree, the street sweeping maintenance services described here are indisputably “routine, recurring and usual.” The issue is whether such work preserves, protects, and keeps public streets and facilities in a safe and continually usable condition.
3 PW 2015-012, Sprinkler Inspection, Testing, and Maintenance Work - City of Santa Rosa (Oct. 30, 2015); PW 2015-007, Stand-Alone Testing and Inspection of Fire Alarm Systems - California Department of Corrections and Rehabilitation (June 26, 2015); PW 2019-021, Napa State Hospital Fire Alarm and Fire Pump Testing Services - Department of State Hospitals (May 20, 2020).
4 PW 2018-030, Salinas Fairways – Tree Removal – City of Salinas (July 29, 2021); PW 2019-022, Gun Range Lead Dust Removal Work – City of Chino (Aug. 30, 2021).
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FFC contends that one of the most significant benefits street sweeping provides is a safe public space that can be used by motorists and bicyclists. Public entities have an interest in maintaining streets and ensuring they are usable and safe for public use.

Street sweeping “lessens the opportunity of skids and collisions” by providing a clear view of the streets. Roadway debris could “cause pedestrians, runners, and cyclists to swerve into the roadway.” Although the Department notes that generally pedestrians or runners would not be on the roadway in the first place, accumulated debris does drift from the roadway onto the sidewalk and is sometimes swept from the roadway onto the sidewalk, which the contractor must then remove.

There is merit to FFC’s overall argument regarding clean streets. When a street is clean, drivers are more likely to identify potholes and safely maneuver around them.

Street sweeping removes sharp objects, such as nails, screws, and glass, which can puncture tires. Clean curbs and streets provide safety benefits for vehicles in myriad situations. Larger debris is not only unsightly, but when it accumulates around and obscures the curb, drivers and others who use the road have a more difficult time judging the distance to the curb. Bicyclists, motorcyclists, and riders of motorized scooters also benefit from clean streets, perhaps more so than drivers of automobiles, even though they are all subject to the same rules of the road. (See Veh. Code, §§ 21200, 21221.)5 A small piece of debris has a far greater impact on bicycles and motorized scooters than on an automobile, as even small debris can cause them to lose their balance or swerve into traffic. Because bicycles and motorized scooters operate at a slower speed and may enjoy exclusive use of lanes close to the curb, they more heavily depend on a curb clear of debris for their safe operation. The safety benefits described above, though not gleaned from any formal study, appear to be reasonable, commonsense effects of streets free of debris. One can imagine streets that are never swept imposing a significant hurdle to the free flow of traffic.

Aside from the safety benefits, street sweeping helps preserve and protect the asphalt on the road by keeping debris off the curb lines where moisture accumulates.

Heavily soiled areas with leaves and other debris draw moisture, and if left undisturbed, eventually cause deterioration of the asphalt, leading to cracks and potholes. While road debris probably only has an incremental impact on asphalt deterioration – wear and tear from heavy traffic and seasonal conditions likely are the key contributing factors – street sweeping plays some role in slowing deterioration of the roads.

Like Caltrans, the City has a general statutory obligation to maintain its streets and roadways. (See Sts. & Hy. Code, § 1800 et seq.) If Caltrans-awarded contracts to trim and remove trees satisfied its mandate to maintain state highways (Reliable Tree, supra, 200 Cal.App.4th at p. 796), it is hard to envision street sweeping not being part of the City’s duties to maintain its streets. As leaves, branches, and trees may obstruct the Caltrans-maintained state highway, debris such as sand, gravel, glass, nails, bottles, cans, leaves, silt, mud, litter, trash, small tree limbs, and palm fronds on City streets that 5 Motorized scooters may not operate at all on sidewalks and must share the road with automobiles. (Veh. Code, § 21235, subd. (g).) Bicyclists in some parts of the state must also share the road as their operation on sidewalks is restricted. (See, e.g., Sac.

County Code, ch. 10.2, § 10.12.010.)
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are not swept likewise obstruct the roadway and pose a danger to members of the public that use City streets. Furthermore, because snow removal qualifies as maintenance of streets (El Dorado Snow Removal, supra, PW 2016-015), street sweeping should be no different.6 In fact, at least one statute refers to both street sweeping and snow removal as maintenance of public streets.
7 As in the Self-Generated Waste determination,
accumulated debris on streets would “create safety concerns for [City] maintenance workers” and the general public.

While Santa Clarita Street Sweeping noted that public health concerns do not serve as a basis for finding work to constitute maintenance, in Homeless Sites Debris Removal, the Department cited public health concerns associated with bio-waste, broken glass, hypodermic needles, decaying trash, and breeding vermin in accumulated garbage in finding that removal of those items from homeless encampments constitutes maintenance. Many similar types of debris accumulate along curbs, and unless cleaned and swept on a recurring basis, pose a similar safety risk to bicyclists, motorists, and pedestrians, thereby suggesting that street sweeping of the type here also qualifies as maintenance. Streets were designed to be traversed without obstruction from debris and can be used safely only in the absence of such debris. In short, given the additional guidance from the Reliable Tree court and the intervening coverage determinations since Santa Clarita Street Sweeping, the routine street sweeping work done for the City here is properly considered maintenance.

Conclusion
For the foregoing reasons, the street sweeping maintenance services for the City of Elk Grove constitute public work and are therefore subject to prevailing wage requirements.

I hope this determination satisfactorily answers your inquiry.

Sincerely,
Katrina S. Hagen
Director of Industrial Relations
6 “Although snow removal may not be considered precisely the same as street sweeping, it is clearly the same general type of service.” (65 Ops.Cal.Atty.Gen 176 (1982).)
7 A county service area is authorized to provide governmental services such as:
the “acquisition, construction, improvement, and maintenance, including, but not limited to, street sweeping and snow removal, of public streets, roads, bridges, highways, rightsof-way, easements, and any incidental works.” (Gov. Code, § 25213, subd. (i), italics added [County Service Area Law].)
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ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

CITY OF VISALIA, CALIFORNIA
REQUEST FOR BIDS (RFB) 22-23-31

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

BIDS DUE NO LATER THAN
2:00 P.M. ON TUESDAY, SEPTEMBER 26, 2023
The City of Visalia expressly 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 participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City 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 Respondent for at least ninety (90) days.

PUBLIC WORKS MAINTENANCE CONTRACT: This is a Public Works Maintenance Contract therefore it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached). All Bidders, Contractors and Subcontractors must be registered with the Department of Industrial Relations.

Inquiries: Direct questions for clarification of this bid document to the Purchasing Division (559) 713- 4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by email to [email protected] or via fax (559) 713-4801. All questions must be received before:
4:00pm on September 13, 2023.

Legal Ads: 8/15/23 & 8/22/23
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TABLE OF CONTENTS
I. DEFINITIONS ................................................................................................. 4 II. INTRODUCTION.............................................................................................. 4 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ........................ 6 IV. INSTRUCTIONS .............................................................................................. 9 V. SCOPE OF SERVICES/PROJECT .................................................................... 9 VI. PRE-BID AND PRECONSTRUCTION MEETINGS.............................................. 14 VII. BID OPENING AND CONFIDENTIALITY .......................................................... 15 VIII. AWARD.......................................................................................................... 15 IX. PROTESTS/APPEALS .................................................................................... 15 X. SPECIAL CONDITIONS................................................................................... 16 XI. GENERAL CONDITIONS ................................................................................. 17 XII. POST AWARD RESPONSIBILITIES ................................................................. 20

EXHIBITS
A. BID FORM ......................................................................................................22-28 B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate...............................29 B-2. Certificate of Non-Segregated Facilities........................................................30 B-3. Non-Collusion Affidavit ...............................................................................31 B-4. Worker’s Compensation Insurance Certificate..............................................32 B-5. Americans with Disabilities Act Compliance Certificate ................................33 B-6. Disclosure Forms........................................................................................34 B-7. Drug-Free Workplace ..................................................................................35 B-8. Iran Contracting Act ...................................................................................36 C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D. ADDITIONAL ATTACHMENTS

D-1. STATE OF CALIFORNIA PREVAILING WAGES
D-2. CITY OF VISALIA LABOR COMPLIANCE MANUAL
E. ASSOCIATED VISALIA STREET MAPS AND ROUTES
Exhibit E-1 contains the following:

Map 1 City of Visalia Map with mileage
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ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

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Map 1A NE Medians
Map 1B NW Medians
Map 1C SE Medians
Map 1D SW Medians
Map 2 State Routes
Map 3 Downtown Central
Map 4 Downtown East
Map 5 Downtown Alleys
Map 6 Bike Paths and Trails
Map 7 Parking Lots and Downtown Area
Map 7A Plaza Park Rd and Parking Lots
Map 7B Whitendale Park
Map 7C Summers Park
Map 7D Ruiz Park
Map 7E Recreation Park
Map 7F Fairview Park
Map 7G Blain Park
Map 7H St. John’s Park Roadway and Parking Lots
Map 7I Lovers Lane Parking Lot @ St. John’s Parkway
Map 7J Riverway Sports Park
Map 8 Corporation Yard
Map 9 Leaf Route
Map9A-C Leaf Route Magnified
Map 10 Major Intersection
Map 11 Temporary Transfer Sites
Map 12 Parking Structures
Exhibit E-2 Sweeping Schedule with Locations
Attachment A Streets with Medians
Attachment A1 Streets with Roundabouts
Attachment B State Routes
Attachment C Downtown Streets
Attachment D Downtown Alleys
Attachment E Bike Paths
Attachment F1 Parking Lots (weekly)
Attachment F2 Parking Lots (twice monthly)
Attachment F3 Parking Structures (weekly)
Attachment G Transfer Sites
Attachment H Major Intersections
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I. DEFINITIONS
For the purposes of RFB NO. 22-23-31, 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", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.

5. “RFB” means Request for Bid No. 22-23-31.

II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for sweeping of streets, parking lots, bike paths and alleys.

The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods." Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

An informational Pre-Bid Teleconference has been scheduled for this project beginning at 11:00am on Wednesday, September 6, 2023. Interested Bidders are encouraged to participate as time will be set aside for questions and answers 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. For the teleconference link and/or phone number, please email your name and contact information to [email protected] or call 559-713- 4334.

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 be directed to the Purchasing Division at (559) 713-4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected] or via fax: 559-713-4801.

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel with questions, requests for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

Local Preference: To encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum 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 there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

Public Works Maintenance Contract. Notice is hereby given that this is a Public Works Maintenance Contract. Awarded Contractor must comply with State Regulations as outlined in these specifications and in the City of Visalia Labor Compliance Manual, including payment of prevailing wages, 75 RFB-22-23-31

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registration with the California Department of Industrial Relations, and electronically uploading certified payroll to the Labor Commissioner.
• 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 diem wages as determined by the Director of the California Department of Industrial Relations. The current prevailing wages associated with this work are attached as Exhibit D-2. • In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors bidding and performing work on Public Works Projects must: 1) Be currently registered with the California Department of Industrial Relations (DIR), 2) Furnish electronic payroll records for new projects to the 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. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

The Bidder awarded a contract pursuant to this RFB will be required to provide to the City of Visalia: a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for the duration of the contract (updated annually).

The City of Visalia affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genetic 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 Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “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 submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting 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 by the State.

The City of Visalia reserves the right to reject any or all bids. 76 RFB-22-23-31

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III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
No contract will be awarded unless that contractor and subcontractors (if any) are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after may be rejected as non-responsive.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring 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 public works contract for this project and therefore, the CLC 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 any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required. ❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. ❑ 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 postings may be found on the Department of Labor website at:
http://www.dir.ca.gov/wpnodb.html .
❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice 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 section 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 rate 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; 77 RFB-22-23-31

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o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury. o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code 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 any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations 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).
❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury. o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor 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 subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain 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 employees 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 section 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 training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice 78 RFB-22-23-31

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agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen 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 compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000). ❑ As stated in section 1777.7(e), the prime contractor 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 works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractors 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 subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but 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 subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (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 forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 10 days before the closing date of the bid, the project manager will 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. General prevailing wage determinations made by the 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 79 RFB-22-23-31

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IV. INSTRUCTIONS

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

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

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

From: Bidders Name & Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, please mark bid: Street Sweeping Services RFB NO. 22-23-31

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334, or by FAX (559) 713-4801. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

All questions regarding this project are due by 4:00pm on September 13, 2023.

V. SCOPE OF SERVICES/WORK
Awarded Contractor shall be responsible for providing all labor, tools, equipment, fuel and supplies for sweeping of streets, parking lots, bike paths and alleys as indicated in this RFB and attachments.

The City has a population of approximately 140,000 and there are approximately 520 street miles within the City limits, most of which are installed with curb and gutter. Residential streets are swept on a monthly basis and the Downtown District is swept twice per week. State Routes through the City and alleys are swept once per week, and the City-owned parking lots are swept either once per week or twice per month.

Work is to be performed during hours that provide for the most thorough sweeping with minimal conflict with garbage collection, parking and traffic flow. Please refer to the attached exhibits showing the location, frequency, service days, times and units of measurement for each area to be swept.

Below you will find the scope of work as it relates to each specific area.

Measurements in this document are taken from the City’s Geographical Information System (GIS) and are either in square foot (sq. ft.) or linear street Miles. Non-Median curb miles can be calculated by multiplying linear street miles by 2, and median curb miles can be calculated multiplying linear street miles by 4.

1. Methods:

The Contractor will use the following methods of sweeping. For all residential streets and state routes (with and without medians), and all of the downtown district streets the contractor will make no less than one pass along each curb line, which includes: all curb lines, parkways, medians, A/C berms, swales and edges of roadways. All parking lots, alleys and bike paths will be swept in a “curb-to-curb” manner that will cover all accessible surface area. If the Contractor has to make multiple passes to pick up any debris not picked up during initial pass, it will be done at no additional cost to the City. 80 RFB-22-23-31

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In addition to the above sweeping, extra street sweeping is required in selected residential areas during the heavy 3-month leaf fall, typically from November to January, referred to as the “leaf season.” This additional “leaf season” sweeping requires curb-to-curb sweeping in the designated Leaf Route (which includes streets, parking lots and alleys) in an effort to remove all leaves and debris from the entire asphalt surface. This is done in addition to the regular monthly curb sweeping and shall not be done within one week of a regular monthly curb to curb sweep unless specified by the Project Manager.

2. Physical Presence and Customer Service:

Within six (6) months of the contract effective date, the awarded Contractor shall, at his/her own expense, acquire and maintain a shop/yard that is physically located within a sixty (60) mile radius of the Visalia City limits if Contractor does not already have a location within the mentioned radius. This will ensure that Contractor’s equipment is available for the emergency call outs and occasional unscheduled sweeping that may be required.

The City of Visalia places the utmost importance and value on timely, courteous and professional customer service, both internally and externally. To assist in meeting this standard, the Awarded Contractor shall maintain a phone number that customers may call directly. The Contractor shall respond to customer calls within one (1) working day.

3. Equipment: All equipment used on this contract will be maintained at 100% compliant with all applicable Federal and State laws. The Contractor is to provide Regenerative Air Sweeping service to all of the City’s streets, medians, parking lots, bike paths and selected alleys. At a minimum, all street sweepers will be mounted on a 2012 or newer chassis and utilize Regenerative Air technology, with PM-10 compliant dust control systems and AQMD Rule 1186 low emissions packages. Each Regenerative Air sweeping unit that is used for residential sweeping routes must come equipped with dual gutter brooms with a minimum sweeping width of 140” (while both gutter brooms are deployed).

Each Regenerative Air Sweeping unit that is used for parking lots, bike paths and alley sweeping must come equipped with dual gutter brooms with a minimum sweeping width of 120” (while both gutter brooms are deployed).

Contractor shall provide all labor, tools and supplies needed for the power sweeping of the parking garages located at 300 E. Acequia and 222 W. Acequia. This requires a gutter broom equipped parking lot regenerative air sweeper that does not exceed the clearance height of 8’2” in the parking structure entrances and interior. See the Parking Lot section in the Specific Scopes of Work section for details.

The Contractor must have a minimum of two (2) back-up sweeper units available in case of breakdown or mechanical difficulty. The two units will consist of one Regenerative Air unit with a minimum sweeping width of 140” and one Regenerative Air unit with a minimum sweeping width of 120” (while both gutter brooms are deployed). All equipment used must have dust suppressant technology.

Any violations of regulations concerning dust control and the San Joaquin Valley Air Pollution District will be the responsibility of the contractor.

Note that there is a small area of delineated bike path that may require a smaller sweeper to operate.

The smaller sweeper is not required, but if the contractor chooses to not deploy this type of sweeper, the contractor will have to blow out the debris then sweep the street. See the Delineated Bike paths section in the Specific Scopes of Work below for details.

4. Specific Scopes of Work:
a. Residential Routes: For street sweeping purposes, the city is divided into 22 routes (See map 1). All residential streets within each of these routes are to be swept once per month and require curb line sweeping of each side of the street. Currently one route is swept each day, Monday through Friday, so that over a four-week period all streets are swept. Major streets (collectors and arterials) with and without medians and school zones found within each residential route are to be swept before 6:00am. All remaining residential streets are to be swept after 6:00am. 81 RFB-22-23-31

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b. State Routes (SR) / Highways: There are approximately 5 street miles of State Routes with medians and turn pockets, and additional 4 street miles without medians that require once per week sweeping before 5:00am. They include portions of SR 63 and SR 216. The State Routes with medians require curb line sweeping of each side of the street and curb line sweep of all sides of each median, including painted lines and turn pockets. The State Routes without medians require curb line sweeping of each side of the street defined on the State Route Map without medians. (see Attachment B and Map 2 - State Routes (Highways)). c. Downtown - Central District: The Central Downtown District is defined as the area bounded by Mineral King Avenue to the South, Center Avenue to the North, Santa Fe Street to the East and Conyer Street to the West. There are approximately 6 street miles in this district. Streets within this District require curb line sweeping of each side of the street, are to be swept twice per week and must be completed by 6:00am. (See Attachment C Map 3 – Downtown Central).

There is a section of the Central Downtown District on Main Street between West Street and Santa Fe Street where sidewalks must be cleaned with air-blowers. This ½ mile section of Main Street requires curb line sweeping of both sides of the street twice per week, on Monday and Friday, between 5:45am and 6:30am prior to the stores opening for business. d. Downtown - East District: This area is east of the Central Downtown District and is defined as the area between Mineral King Avenue to the South, Center Avenue to the North, Ben Maddox Way to the East and Santa Fe Street to the West and has approximately 2.6 street miles. This area requires curb line sweeping on each side of the streets twice per month and must be completed by 6:00am. (See Attachment C Map 4 – Downtown East).
e. Alleys: There are approximately 3 street miles of alleys within the Central Downtown business district that are to be swept once per week on Mondays, between the hours of 1:00am and 6:00am. These alleys are to be swept in a “curb-to-curb” manner that will cover all accessible surface area of the alleys. (See Attachment D and Map 5 -Downtown Alleys). f. Bike Paths: There are approximately 26.5 street miles of bike paths within the City that must be swept. The paths are to be swept twice per month, between the hours of 1:00am and 6:00am.

The Bike Paths are to be swept in a “curb-to-curb” manner that will cover all accessible surface area of the Bike Paths. (See Attachment E and Map 6 - Bike Path Sweeping). g. Delineated Bike Paths: In addition to the regular bike paths, there are approximately 1.5 miles of delineated bike lanes that require the sweeper to sweep between the curb and the delineator. In some cases, the sweeper broom or brush may make contact with the delineated posts. This is acceptable if the delineators are able to bounce back and not go under a tire or part of the sweeper that would cause damage to the delineator.

In one specific area on Walnut Avenue west of Santa Fe Street, a standard sweeper will not fit between the delineator and the curb. This area requires either a manual blow of debris towards the street, followed by a sweeper to operate outside the delineator on the street side, or a smaller sweeper. This area is less than a quarter mile in length. Please keep this manual operation in mind when bidding. (Future constructed delineated bike lanes should not have this hindrance and will be wide enough for a standard-sized sweeper to sweep on the bike lane side.) These bike lanes are coded in “pink” color on City of Visalia Map #6 and specified in Exhibit E as Class IV Bike Routes. Please note that the delineated bike lane shown on City of Visalia Map #6 on Riggin Ave and listed under the Class IV Bike Lanes in Exhibit E is scheduled to be constructed in summer of 2023.
h. Parking Lots: There are approximately 1,053,815 square feet of City-owned parking lots in or near the Central Downtown Business District that must be swept either once per week on Mondays or twice per month, as indicated, between the hours of 1:00am and 6:00am (see Attachment F.1 and Map 7, 7A, and 7J - Parking Lot Sweeping). In addition, there are approximately 561,896 square feet of other City-owned parking lots in Park areas throughout the City that are swept twice per month (see Attachment F.2 and maps 7B – 7G).
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All parking lots are to be swept in a “curb-to-curb” manner that will cover all accessible asphalt surfaces.

Additionally, there are two (2) parking structures (Map #12) in the Central Downtown Business District. The following services shall be provided on a weekly basis:

Parking Structure Data:
• 8’2” clearance
• 300 E. Acequia structure is 158,500 sq. ft.
• 222 W. Acequia structure is 203,000 sq. ft.
• Sweep entire structure @ all levels
• Power sweep front parking lot areas @ all levels of structure • Power sweep back parking lot areas @ all levels of structure • Power sweep side parking Lot areas @ all levels of structure • Remove large trash debris from planter areas
• Remove trash debris from trash enclosure areas
• Remove debris from sidewalk and walkway areas
• Remove debris from curb and gutter areas
• The hours of sweeping shall be performed between 6:00 pm and 12:00 am. i. Corporation Yard: The Corporation Yard (entrance at 309 N. Cain St.) consists of three main areas to be swept at various times according to Map #8. The Corporation Yard roadways and parking lots consist of 364,896 sq. ft of area and are swept twice per month on Tuesdays before 4AM. The slow fill CNG fueling area consists of 122,850 sq. ft. and is swept twice per month on Mondays after 7AM and before 12PM. Lastly, the fast fill CNG fueling area consists of 20,625 sq. ft. and is swept once per month on the first Monday before 7AM. j. Leaf Season: From November through January, a significant amount of additional sweeping is required in selected routes in order to collect leaves. Though concentrated in the older neighborhoods, leaf clean-up is required citywide. The Contractor will be required to provide “curb-to-curb” sweeping of all streets once per month in the Leaf Route on the regular sweep day, from November 1 to January 31. There are approximately 205 linear miles of streets within the leaf route area (Bid Item #29). The Contractor will be responsible for disposing of the leaf debris during this three-month period. The Contractor’s compensation for the Leaf Season will be at a calculated rate per mile. The contractor is to include all costs (e.g., equipment, labor, removal, transportation, disposal fees, etc.) in their per mile unit price for the “Fall Leaf Season”. Note that these additional sweeps may not be conducted within one week of a regularly scheduled monthly sweep unless specified by the Project Manager. Any additions or changes to the area or scope of the leaf route will made by multiplying the change in street miles by the per mile unit price on the contract. (see Maps 9 and 9A-C - Leaf Route). Any adjustments to additional area or scope shall be approved by the Project Manager.

In addition to the curb-to-curb monthly sweep of the Fall Leaf Route, the City of Visalia may also require the contractor to be available during the November through January Fall Leaf season for additional sweeps of the fall leaf area referenced in Maps 9-9C. These extra sweeps will be 83 RFB-22-23-31

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coordinated with the project manager for the City so that timely sweeps of the leaves can be scheduled. Because these sweeps are on an as-needed basis, and based on the leaf fall any given year, these may be scheduled up to an extra three times during the season, but not more than one extra sweep per month. . This item is listed as Alternate Bid Item #2 on the bid sheet and for bidding purposes has been estimated at three times per year but may not be used at all. k. Disposal of Material: All collected material becomes the property of the Contractor and shall be disposed of in a manner consistent with Federal, State and Local laws, regulations and ordinances. Contractor will pay all costs associated with the disposal of the collected material, including collection, storage, transportation, and tipping or disposal fees.

During the leaf season, the City will require the Contractor to remove and dispose of all leaf debris collected. The Contractor will be responsible for the disposal fees of the material. It is estimated that approximately 1,250 tons of material will be collected during the annual leaf season. Due to the growth of the City and the maturing of trees, it is recommended to keep this growth in mind during the bid.
l. Temporary Transfer Dump Sites: Currently, the City has made seven temporary transfer sites available, located throughout the City. These sites can be utilized by the Contractor for temporary storage of collected material. Local land use regulations or other factors may affect the availability of one or more of the sites for temporary storage of collected debris and it is anticipated that at some point in time, one or more of the temporary areas may become unavailable. The City will try to ensure that an adequate number of sites are available throughout the City for efficient temporary transfer of collected debris. The City will ensure that at least four (4) temporary disposal sites are available in the City for the Contractors use. (see Attachment G and Map 11 –Temporary Transfer Sites).

Under no circumstance will the collected debris be stored at a temporary transfer site for a period in excess of 14 calendar days. Contractor will be responsible for the maintenance of these sites as pertaining to clean up and compliance with any and all local and State regulations. All collected material posing a public health or safety hazard or having the potential to create a public nuisance will be immediately and appropriately disposed of. Violations concerning the San Joaquin Valley Air Pollution District and/or any other State regulation will be the responsibility of the Contractor.

At times, the City may use one of the listed transfer sites for City use. In these cases, the City will notify the contractor and limit this use to one site at a time. m. Major Intersections: 194 intersections have been identified for curb to curb sweeping once per quarter (see maps 10). Each of these intersections cover approximately the same area and should be bid as one average unit price per intersection to facilitate adding to or changing the number of intersections to be swept.
n. Special Sweepings: From time to time, unscheduled sweeping will be necessary. Each BIDDER will furnish an hourly rate that will be used to calculate compensation for non-scheduled, emergency, and non-emergency sweeping.
• Special Sweeping – Emergency: Contractor shall respond to emergency sweeping calls within 2 hours. Emergency sweeping will be paid at the hourly rate shown on the Sweeping Bid Price sheet and measured by the time spent performing the sweeping. • Special Sweeping – Non-Emergency: Non-emergency sweeping will be performed no later than the next business day. Non-emergency sweeping will be paid at the hourly rate shown on the Sweeping Bid Price sheet and measured by the time spent performing the sweeping.
o. Coordination with Solid Waste Collection: The City’s residential sweeping route schedule has been developed in conjunction with the City’s Solid Waste collection to eliminate conflicts with residential trash collection days. (see Map A – Street Sweeping Days). 84 RFB-22-23-31

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Residential solid waste collection is performed on Monday, Tuesday, Wednesday and Thursday.

However, the schedule is subject to change on the following Holidays because the landfill is not open, or possibly due to very limited circumstances:

HOLIDAY Day
New Year’s Day January 1st
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1st Monday in September
Thanksgiving Day 4th Thursday in November
Christmas Day December 25th
In general, any day of the week that is not worked because of a Holiday or other factor, that day’s service and each weekday afterward is moved forward one day. For example, if the 4th of July Holiday falls on a Wednesday, regular service is done on Monday and Tuesday, Wednesday service is done on Thursday, Thursday service is done on Friday.

The current solid waste residential route schedule is outlined in Map 1 - Street Sweeping Days. If there are to be any changes or significant deviations to the routes, these changes must be approved by the Project Manager. Solid waste residential collection routes are subject to change mainly due to population growth and due to other factors. Close coordination between the City’s Solid Waste collection and the Contractor is essential. p. Change of Route Schedules: Any route changes affecting a significant number of residents may, at the Director’s, or the Director’s designee’s direction, require public notification to the residents. The method and content for such notification is to be approved by the Director or their designee. The expense and facilitation of the notification will be the responsibility of the initiating party. In other words, if the City is responsible for requesting the route change, the City will cover the notification expenses. Conversely, if the Contractor is responsible for requesting the route change, the Contractor will cover the expense, and will provide the City as much advance notice as possible.
q. Subsequently Added Sweepings: Ultimately, all streets within the City must be swept on a monthly basis. As new streets are developed and as older streets are annexed into the City, these streets, too, must be swept. The Contractor will be required to meet with a designated representative from the City on a quarterly basis (at minimum) to recommend additions to, and approve, the added sweeping for newly added streets, state routes, parking lots, alleys or bike paths. Contractor is encouraged to meet with City more frequently if there are any areas that need to be addressed. The “Unit Price” found on the “Exhibit A-Bid Form” will be used in calculating the compensation for additions made to the sweeping service.

At no point during the contract is the contractor to add new streets to the contract without first being approved by the City’s Project Manager and obtaining an amended contract amount.

VI. PRE-BID AND POST AWARD MEETINGS

1. A Non - Mandatory Pre-Bid Teleconference. A non-mandatory pre-bid teleconference has been scheduled for 11:00am Pacific Standard Time on Wednesday, September 6, 2023.

Please email name of attendee and contact information to [email protected] to receive the phone number and/or link to join the meeting. Interested Bidders are encouraged to participate as there will be time set aside for Bidders to ask questions and be provided with information regarding the scope of services and the contract requirements. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed. 85 RFB-22-23-31

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

City Project Manager: Jason Serpa
Department: Public Works
VII. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Tuesday, September 26, 2023, at 2:00 P.M. (Pacific Standard Time) in the Visalia City Council Chambers at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and recorded on a Bid Summary. The Bid Summary will be open to public inspection at the conclusion of the Bid opening.

Other Bid information will not be available for public review during the evaluation phase.

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

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

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

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

VIII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria outlined in the specifications. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB.

Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
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1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

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

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 appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.

X. SPECIAL CONDITIONS

1. Project Administrative Issues
a. Complete Scope of Services. The successful Bidder shall be responsible for providing all materials, labor, equipment, fuel, and services necessary to fulfill the requirements of this RFB.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor shall be reduced/increased after the price change is reviewed and authorized by the City of Visalia Project Manager or proper level City authority according to the dollar amount of increase.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by contract amendments issued by the City.
c. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the appropriate level authority before agreeing to extra work requested by the Contractor. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed. No additional payment is due for unauthorized Extra Work.
e. Payment. Payment shall be based on quantities of actual work performed. Street miles completed will be rounded to the nearest tenth of a mile. Invoices showing itemized quantities according to the bid document of completed work shall be submitted once per month and will be reviewed before being approved by the City’s Project Manager.

Emergency Special Sweeps and Non-Emergency Special Sweeps (if any) shall be itemized on the monthly statement according to the hourly rate of contract. 87 RFB-22-23-31

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2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of equipment, work performance, rate of progress of work, interpretation of specifications and all questions related to fulfillment of the contract. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the means, methods, techniques, sequences, procedures and safety precautions or programs related to the contracted work. Contractor may designate a superintendent.
c. Work Sites/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures.
e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day street sweeping.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

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

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

XI. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, religion, creed, age, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

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

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding 88 RFB-22-23-31

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alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. Post-Closing Date Corrections are prohibited.

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

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

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

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

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

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

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

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

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

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.

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

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

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

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

18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.
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19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

20. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate 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 but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

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

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one 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.

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

27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. CITY will be presumed to request renewal unless the CITY delivers written notice of non-renewal to the CONTRACTOR, thirty (30) days prior to the renewal date. If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide written notice of non-renewal to the CITY at least ninety (90) days prior to the renewal date.
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This Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONTRACTOR thirty (30) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months 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 feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually 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, fuel, supplies and materials.

It will be the responsibility of the contractor to request in writing, a price adjustment and to provide all documentation necessary. The written request for price adjustment must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninety (90) 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. Bureau of Labor Statistics, Consumer Price Index (CPI) for All Urban Consumers (CPI-U) U.S. City Average, All Items. The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period, closest to the annual anniversary date of the contract. In no instance shall the price increase exceed 5%. The contract 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.

30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor thirty (30) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

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

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

XII. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned 91 RFB-22-23-31

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to City within ten (10) working days of the date of award notification unless otherwise agreed.

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

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

4. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A:

VIII rated surety. The Performance bond shall remain in force for the duration of the contract (updated annually).

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the contract work to Contractor.
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Name of Bidding Agency:_________________
EXHIBIT “A”
RFB NO. 22-23-31 - BID FORM
Project: ANNUAL CONTRACT FOR STREET SWEEPING SERVICES
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-31 dated: __________, the undersigned BIDDER hereby proposes to furnish all labor, materials, equipment, fuel, tools, appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, 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, and the contract requirements. If this proposal is accepted 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 required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees.

BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the said Purchasing Division may proceed to award the contract to others.

BIDDER agrees that if awarded the contract, Successful Bidder shall furnish a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete, and faithful performance of the agreement as outlined in the RFB document.

BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

BIDDER agrees that if awarded the contract, Successful Bidder shall abide by all requirements of the Department of Industrial Relations (DIR) applicable to this public works maintenance contract and specified in the City of Visalia Labor Compliance Manual, including but not limited to maintaining a valid DIR registration number throughout the life of this contract, payment of state prevailing wages, and uploading certified payrolls electronically to the Labor Commissioner.

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 understands that City will determine Lowest Bidder based on the lowest BASE BID TOTAL.

Award, if made will be to the Lowest Bidder whose bid is deemed both responsive and responsible and meets all required specifications. After Lowest Bidder has been determined, the City reserves the right to award Base Bid Only or Base Bid + one or more of the Alternate Bid items depending on funding.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
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All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

Name of Bidding Agency:_________________
INSTRUCTIONS:

BIDDER is to calculate Base Bid as follows:

1. For Items 1 through 30 Bidder is to multiply Quantity (column A) x Unit Price (column B) x Number of Annual Services (Column C) = Annual Price (column D).

2. BIDDER shall total the Annual Price Column where indicated to calculate the Total Base Bid.

Note: Quantities listed as “miles” are referring to “street miles”.

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES BASE BID
Prices bid include labor, equipment, materials, fuel, supplies, taxes, and all costs to perform street sweeping services as stated in RFB-22-23-31

A B C D
Item
# Description Frequency Quantity Unit Exhibit Map
Unit
Price Unit
# Annual
Services
Annual
Price
STREETS:
1 Streets Monthly 520 miles A1 $_________per mile 12 $___________ 2 Street
Medians Monthly 64.5 miles A
1A1D $_________per mile 12 $___________
STATE ROUTES:
3 State Route Weekly 4.0 miles B 2 $________per mile 52 $___________ 4 State Route
Medians Weekly 5.2 miles B 2 $________per mile 52 $___________ DOWNTOWN:
5 Central
District 2x Week 6.0 miles C 3 $________per mile 104 $___________ 6 East District 2x Month 2.6 miles C 4 $________per mile 24 $___________ 7 Alleys Weekly 2.9 miles D 5 $________per mile 52 $___________ BIKE PATHS:
8 Bike Paths -
Various 2x Month 24.1 miles E 6 $_________per mile 24 $___________ 9 Delineated
Bike Paths 2x Month 1.4 miles E 6 $_________per mile 24 $___________ 10 Packwood Weekly 1.0 miles E 6 $_________per mile 52 $___________ PARKING LOTS/ROADWAYS:
11 Downtown Weekly 667,194 sq. ft. F1 7 $________per sq. ft. 52 $___________ 12 Downtown 2x Month 296,648 sq. ft. F2 7 $________per sq. ft. 24 $___________ 13 Riverway
Sports Park
Parking Lots
Weekly 390,454 sq. ft. F1 7J $________per sq. ft. 52 $___________ 14 Riverway
Sports Park
Roadway
Weekly 157,600 sq. ft. F1 7J $________per sq. ft. 52 $___________ 94 RFB-22-23-31

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Name of Bidding Agency:_________________

A B C D
Item
# Description Frequency Quantity Unit Exhibit Map
Unit
Price Unit
# Annual
Services
Annual
Price
15 Plaza Park Rd
and Parking
Lots
2x month 107,490 sq. ft. F2 7A $_______per sq. ft. 52 $___________ 16 Whitendale
Park 2x month 57,114 sq. ft. 7B $_______per sq. ft. 24 $___________ 17 Summers Park 2x month 19,162 sq. ft. 7C $_______per sq. ft. 24 $___________ 18 Ruiz Park 2x Month 16,077 sq. ft. 7D $_______per sq. ft. 24 $___________ 19 Recreation
Park 2x month 19,360 sq. ft. 7E $_______per sq. ft. 24 $___________ 20 Fairview Park 2x month 9,144 sq. ft. 7F $_______per sq. ft. 24 $___________ 21 Blain Park 2x Month 28,213 sq. ft. 7G $_______per sq. ft. 24 $___________ 22 St. Johns Park
@Ben Maddox 2x month 14,022 sq. ft. F2 7H $_______per sq. ft. 24 $___________ 23 Parking lot @
Lovers lane 2x month 8,350 sq. ft. F2 7I $_______per sq. ft. 24 $___________ 24 Parking
Structure @
300 E Acequia
Weekly 158,500 sq. ft. F3 12 $_______per sq. ft. 52 $___________ 25 Parking
Structure @
222 W Acequia
Weekly 203,000 sq. ft. F3 12 $_______per sq. ft. 52 $___________ CORPORATION YARD AREAS:
26 Corporation
Yard
Roads/Lots
Bi-weekly 364,896 sq. ft. 8 $______per sq. ft. 26

$___________

27 CNG slow-fill
fuel line Bi-weekly 122,850 sq. ft. 8 $_______per sq. ft. 26 $___________ 28 CNG fast fill
public station Monthly 20,625 sq. ft. 8 $_______per sq. ft. 12 $___________ SEASONAL/PERIODIC SWEEPS:
29 Leaf Season -
Fall Leaf Route
Nov - Jan,
curb to
curb
205 Miles 9-9C $_______per mile 3 $___________
30 Major
intersections quarterly 194 Ea. 10 $_______Each 4 $___________ BASE BID TOTAL $________________
When additional Residential Zones, State Routes, Parking Lots and Bike Paths, etc. are added throughout the contract term, the price for each addition will be calculated by taking the unit price and multiplying it by the quantity of the unit of measurement and the number of times the area will be swept during the remainder of the contract term. Please note that all quantities are rounded to the nearest tenth of a mile.

Additional items on following page.
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Name of Bidding Agency:_________________
Bidder is required to provide pricing for Special Sweeping as listed below. Special Sweeps are required on an as-needed basis and described in the RFB, Section V. Scope of Services, Specific Scopes of Work, Pg 10, item n. Since the special sweeps are requested as needed, the Awarded Contractor will be expected to list special sweeps as a separate line item on monthly invoice to the City. Invoice shall detail the date, location and hour(s) of each sweep.

SPECIAL SWEEPS:

Unit Price
Non-Emergency Sweeps
Contractor Response is required
within 24 hours
When requested
$__________per hour
Emergency Sweeps
Contractor Response is required
within 2 hours
When requested
$__________per hour

ALTERNATE BID ITEMS
Bidder is required to provide pricing on the Alternate Item #1 and Alternate Item #2. Depending on available funding the City may choose to add one or more of the Alternate Bid Items to the awarded contract.

ALTERNATE ITEM #1 – ADDITIONAL SWEEPING SERVICES FOR STREETS & MEDIANS If the City of Visalia chooses to increase sweeping frequency of streets and medians from once per month to twice per month on the areas listed below it will result in 12 additional sweeps per year for the areas specified.

Bidder’s pricing below shall reflect the cost to the City for the 2nd sweeping of the month for the areas listed.

ALTERNATE ITEM #1 (ADDITIONAL SWEEPING SERVICES FOR STREETS & MEDIANS) Prices bid include labor, equipment, materials, fuel, supplies, taxes, and all costs to perform street sweeping services as stated in RFB-22-23-31
2 nd Sweeping Frequency
A
Exhibit Map
B C D
Quantity Unit Price
Additional
Services
Annually Annual Price
STREETS:

Streets Monthly 520 miles A1 $_______per mile 12 $_____________ Street Medians Monthly 63.8 miles A 1A-1D $_______per mile 12 $_____________ ALTERNATE ITEM #1 TOTAL $________________
Additional items on following page.
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Name of Bidding Agency:_________________
ALTERNATE ITEM #2 – ADDITIONAL FALL LEAF SWEEPS
The City of Visalia may desire additional Fall Leaf Sweeps for the months of November through January.

Please note that the regular fall leaf season sweeps are already included in the base bid price.

Bidder’s pricing shall reflect the cost to the City for additional Fall Leaf Sweeps, if requested by City.

ALTERNATE ITEM #2 (ADDITIONAL FALL LEAF SWEEPS)
Prices bid include labor, equipment, materials, fuel, supplies, taxes, and all costs to perform street sweeping services as stated in RFB-22-23-31
Description
A
Map
B D
Quantity Price
Additional Fall Leaf Sweeps
Nov-Dec if requested by City 205 miles 9-9C $_________per mile $_________________ ALTERNATE ITEM #2 TOTAL $__________________
(1)__________________________________________________________________________________________ Bidding Firm
(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)__________________________________________________________________________________________ Business Address City State Zip Code
___________________________________________________________________________________________ Telephone Number Fax Number Email Address
(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)
_________________________________________________________________________________________ Type or Print Authorized Person’s Name Type of Print Authorized Person’s Title

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation. (2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. 97 RFB-22-23-31

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(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ___________________________________________________________________________________________________ Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

BIDDING CONTRACTOR’S LICENSE INFORMATION:

STATE CONTRACTOR’S LIC. CLASS (if any):_________________ # _______________________EXP. DATE:___________ STATE D.I.R. REGISTRATION NO:_______________________________FEDERAL TAX I.D. #________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the business License Division for clarification of questions at 559-713-4326.

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past three (3) years.

REFERENCE 1
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________ _____________________________________________________________________ PHONE #:_______________________________ REFERENCE 2
NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________ AGENCY ADDRESS:_________________________________________________ ______________________________________________________________________ PHONE #:_______________________________ REFERENCE 3
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________ ______________________________________________________________________ PHONE #:_______________________________ 98 RFB-22-23-31

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DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.

COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_______________________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_______________________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_______________________________________________________TELEPHONE#_______________________________ 99 RFB-22-23-31

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Submit with Proposal
EXHIBIT “B-1”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive 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 any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

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

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

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 may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the 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):
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EXHIBIT “B-2”

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, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit 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 not 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 breach of this certification is a violation of the Equal 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, semiannually, 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):
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EXHIBIT “B-3”

NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes 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 undisclosed 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 induced or solicited any other BIDDER to put in a false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, 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.

Signature __________________________________ (Seal)
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EXHIBIT “B-4”
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 requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

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EXHIBIT “B-5”

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

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EXHIBIT “B-6”
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES: 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:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Answering YES to the question above does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________ _____________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ _____________________________ Signature of Authorized Individual Print or Type Name of Authorized Individual 105
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EXHIBIT “B-7”

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 AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

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

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

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed 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 state will regard this certificate as valid for all contracts or grants entered 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 a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-8”

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 persons 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, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or 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 and/or services to be provided pursuant to the Contract. ⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:_________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “C”
SAMPLE AGREEMENT (do not submit with Bid) STREET SWEEPING SERVICES (City of Visalia Bid No. 22-23-31)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and _________________________________________________________________________________________, hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with 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 contract for Street Sweeping Services as evidenced by advertising Request for Bids No. 22-23-31, Annual Contract for Street Sweeping Services; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the services described in RFB No. 22-23-31; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the work pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. CITY will be presumed to request renewal unless the CITY delivers written notice of non-renewal to the CONTRACTOR, thirty (30) days prior to the renewal date.

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide written notice of non-renewal to the CITY at least ninety (90) days prior to the renewal date.

ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 22-23-31, Annual Contract for Street Sweeping Services Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-31

1. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
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CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 22-23-31, including abiding by the requirements of the City of Visalia Labor Compliance Manual and regulations of the State of California Department of Industrial Relations (DIR).

2. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor monthly as work is completed and invoiced Upon receipt of Contractor’s approved invoice.

3. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed, based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

4. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement.

Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninety (90) days) prior to the annual anniversary date of the agreement as specified in the General Conditions of RFB 22-23-31.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

Bureau of Labor Statistics, Consumer Price Index (CPI) for All Urban Consumers (CPI-U) U.S. City Average, All Items. The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.

In no instance shall the price increase exceed 5%. The contract 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 under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Total Compensation: $
Source of Funds: Local Revenues
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Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
EXHIBIT “C, Attachment 1”

GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure 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 sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CONTRACTOR
CITY OF VISALIA ______________________________
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 Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments 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, null 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 CONTRACTOR waives any and all claims and recourse against 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 with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.

The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder. 110
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K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. EXECUTIVE ORDER N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “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 submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting 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 by the State.
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EXHIBIT “C, Attachment 2”

INSURANCE REQUIREMENTS

1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.

2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily 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 by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Comprehensive or Commercial General Liability Insurance coverage in the minimum 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 any insurance coverage required in this Agreement is provided 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 Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy 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 Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia. b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
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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 CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated 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”

STATE PREVAILING WAGES APPLICABLE TO THIS CONTRACT
(Separate Attachment)
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EXHIBIT “D-2”

CITY OF VISALIA LABOR COMPLIANCE MANUAL
(Separate Attachment)
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EXHIBIT “E”

ASSOCIATED VISALIA STREET MAPS AND ROUTES
(Separate Attachments)
Exhibit E-1
Map 1 City of Visalia Map with mileage
Map 1A NE Medians
Map 1B NW Medians
Map 1C SE Medians
Map 1D SW Medians
Map 2 State Routes
Map 3 Downtown Central
Map 4 Downtown East
Map 5 Downtown Alleys
Map 6 Bike Paths and Trails
Map 7 Parking Lots and Downtown Area
Map 7A Plaza Park Rd and Parking Lots
Map 7B Whitendale Park
Map 7C Summers Park
Map 7D Ruiz Park
Map 7E Recreation Park
Map 7F Fairview Park
Map 7G Blain Park
Map 7H St. John’s Park Roadway and Parking Lots
Map 7I Lovers Lane Parking Lot @ St. John’s Parkway
Map 7J Riverway Sports Park
Map 8 Corporation Yard
Map 9 Leaf Route
Map9A-C Leaf Route Magnified
Map 10 Major Intersection
Map 11 Temporary Transfer Sites
Map 12 Parking Structures
Exhibit E-2
Sweeping Schedule with Locations
Attachment A Streets with Medians
Attachment A1 Streets with Roundabouts
Attachment B State Routes
Attachment C Downtown Streets
Attachment D Downtown Alleys
Attachment E Bike Paths
Attachment F1 Parking Lots (weekly)
Attachment F2 Parking Lots (twice monthly)
Attachment F3 Parking Structures (weekly)
Attachment G Transfer Sites
Attachment H Major Intersections
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120
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125
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127
128
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130
131
132
133
134
135
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STREET SWEEPING SERVICES
(City of Visalia Bid No. 22-23-31)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and SCA of CA, LLC, hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is a Limited Liability Company (insert individual or entity type) with a primary business address of 4141 Rockside Rd, Seven Hills, OH 44131 and SSN or EIN: 86-1931812; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into contract for Street Sweeping Services as evidenced by advertising Request for Bids No. 22-23-31, Annual Contract for Street Sweeping Services; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the services described in RFB No. 22-23-31; and

WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the work pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

TERM:

If the CONTRACTOR decides not to consent to renewal by the CITY, then CONTRACTOR must provide written notice of non-renewal to the CITY at least ninety (90) days prior to the renewal date.

ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

1. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

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2. CITY COMMITMENTS:

CITY shall perform the following tasks on or before the stated completion dates:

TASK COMPLETION DATE
Pay Contractor monthly as work is completed and invoiced Upon receipt of Contractor’s approved invoice.

3. COMPENSATION:

4. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S.

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

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
EXHIBIT “C, Attachment 1”

GENERAL CONTRACT PROVISIONS
Total Compensation: $1,868,741 (not to exceed amount)
Source of Funds: Local Revenues
Payment Schedule: Monthly, within 30 days from date of invoice for completed work 139
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A. Successors and Assigns: This Agreement shall be binding upon and shall inure 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.

CONTRACTOR
CITY OF VISALIA SCA of CA, LLC
707 W. Acequia Ave. 4141 Rockside Rd., STE 100
Visalia, CA 93291 Seven Hills, OH, 44131
Attention: City Clerk Attention: Lee Miller
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

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Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting 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 by the State.
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EXHIBIT “C, Attachment 2”

INSURANCE REQUIREMENTS

4. Other Insurance Provisions.

5. Endorsements.

ANNUAL CONTRACT FOR STREET SWEEPING SERVICES

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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.

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division

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EXHIBIT “D-1”

STATE PREVAILING WAGES APPLICABLE TO THIS CONTRACT
(Separate Attachment)

144
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EXHIBIT “D-2”

CITY OF VISALIA LABOR COMPLIANCE MANUAL
(Separate Attachment)
145
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EXHIBIT “E”

Exhibit E-2
Sweeping Schedule with Locations
Attachment A Streets with Medians
Attachment A1 Streets with Roundabouts
Attachment B State Routes
Attachment C Downtown Streets
Attachment D Downtown Alleys
Attachment E Bike Paths
Attachment F1 Parking Lots (weekly)
Attachment F2 Parking Lots (twice monthly)
Attachment F3 Parking Structures (weekly)
Attachment G Transfer Sites
Attachment H Major Intersections
146
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0436 Agenda Date: 11/20/2023 Agenda #: 6.

Agenda Item Wording:

Authorize the City Manager to award a contract for the Playground Structure Replacement Project to Anchor 41 Construction, of Hanford, CA, for an amount not to exceed $317,600.00, for the design and installation of a new playground structure at Riverway Sports Park.

Deadline for Action: 11/20/2023
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> 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:

It is recommended that the City Council authorize the award of a construction contract for the installation of new playground equipment at Riverway Sports Park to Anchor 41 Construction, of Hanford, CA, in the amount of and not to exceed $317,600.00, per specifications of RFP 22-23-33.

Background Discussion:

CP0488 Riverway Sports Park (Jim Byrd) Playground Replacement Project was approved by Council on 03/15/2021, during the Mid-Year budget review. Staff requested the replacement of the existing playground structure due to damage to many of the platforms and support poles. The playground is constructed from composite wood material and had become unsafe for use and temporary fencing was installed to close the playground off from public use.

RFP #21-22-09 was advertised on 12/15/2021, for the design, demo, and construction of a new play structure within the dimensions of the existing playground fall surfacing area. Two proposer conferences were conducted on January 5, 2022, and January 7, 2022, where staff answered questioned and toured the playground area with several contractors. Proposals for the RFP were due on February 1, 2022. The City received a total of three design submissions from two proposers. A selection committee was formed and met on February 15, 2022, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of two Parks and Recreation Commissioners, Veronica Barajas, and Edgardo Monroy, two Parks Division staff members, Scott Pyle, and Daryl Tillman, and Recreation Manager, Laurissa Roggenkamp.

The selection committee reviewed all the designs that were submitted using the criteria that was established in RFP #21-22-09. During the review, the committee felt that the designs received were inadequate and would not meet the needs of the community. The committee also felt that the proposed design was unimaginative and would result in backlash from park users. The original playground was so large, the new equipment would look sparse in the play area footprint. Staff had budgeted $150,000.00, in CIP CP0488, for the project and felt this would be sufficient to complete the playground replacement.

Staff originally thought the demolition cost was the cause for such a small play structure and reached out to Visalia City Council Page 1 of 3 Printed on 11/17/2023
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File #: 23-0436 Agenda Date: 11/20/2023 Agenda #: 6.
the submitted proposers, as well as the proposers that attended the proposer conference to find the reason why the designs fell short of expectations. The proposers all stated that due to the cost of play equipment they could not offer a more robust design with the budgeted amount, and that the demo was a small portion of the project cost. Staff began researching ways to increase the project budget through cost savings in other General Fund CIP projects and found a $66,117.20, cost savings in two recently awarded CIP projects, CP0467, Blain Park Arbors, and CP0493, Perry Family Park playground resurfacing. These projects have not been completed and contingency funds will be kept for each project if a change order is needed.

On May 20, 2022, a meeting with the Finance and Technology Services Director was held to discuss the transfer requests. During this meeting an additional $100,000 from the Parks Maintenance operations budget, water line 1622-56120, was recommended to be included in the transfer request for the Jim Byrd Playground replacement project by the Finance and Technology Services Director. The total transfer request for the project is $166,117.20 and would give the Riverway Sports Park Jim Byrd Playground Replacement Project a budget total of $316,117.20. (Please see attached spreadsheet) Staff feel confident the increased budget will produce a new playground for Riverway Sports that will meet the expectations and needs of the public.

A second Request for Proposals, RFP #22-23-33 was advertised on 6/1/2023 and 6/6/2023, for the design, and construction of a new play structure within the dimensions of the existing playground fall surfacing area.

Two mandatory proposer conferences were conducted on June 14, 2023, and June 15, 2023, where staff answered questioned. Proposals for the RFP were due on June 30, 2023. The City received a total of five design submissions from four proposers. A selection committee was formed and met on September 26, 2023, to review the design proposals and select the design they felt met the requirements of the RFP and gave the most playability to the community. The selection committee was comprised of one Parks and Recreation Commissioners, Samantha Wagner, one Parks Division staff member, Daryl Tillman, and Recreation Manager, Laurissa Roggenkamp.

The selection committee reviewed all the designs that were submitted using the criteria that were established in RFP #22-23-33. During their review the committee felt that the proposal submitted by Anchor 41 Construction, of Hanford, CA was the overall unanimous winner and best meets the requirements of RFP #22- 23-33 and the needs of the community.

Fiscal Impact:

The fiscal impact for RFP 22-23-33 a construction contract for the installation of new playground equipment at Riverway Sports Park is funded by the City’s Capital Improvement Program (CIP) Fund 001 General Fund, of which there is $317,659.89 of funds budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject proposals and go out for another Request for Proposals.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the Playground Structure Replacement Project at Riverway Sports Park, to Anchor 41 Construction, (RFP 22-23-33) for a not to exceed amount of $317,600.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 3 Printed on 11/17/2023
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File #: 23-0436 Agenda Date: 11/20/2023 Agenda #: 6.

Attachments: RFP 22-23-33, RFP 22-23-33A1 Addendum, RFP 22-23-33A2 Addendum, Anchor 41 Construction Proposal, Evaluation Form, Committee Score Totals.

Visalia City Council Page 3 of 3 Printed on 11/17/2023
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PLAYGROUND REPLACEMENTS PROJECT AT VISALIA RIVERWAY SPORTS PARK RFP No. 22-23-33

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CITY OF VISALIA, CA

REQUEST FOR PROPOSAL
RFP-22-23-33

PLAYGROUND STRUCTURES REPLACEMENT PROJECT

VISALIA RIVERWAY SPORTS PARK
DESCRIPTION: The City of Visalia is requesting proposals from qualified firms to provide the design and installation of new playground equipment and safety inspection for two playground structures in Riverway Sports Park (a structure for 2-5 year olds, and a structure for 5-12 year olds). Interested Proposers must propose on all items in the project for which a proposal is being submitted.

MANDATORY PROPOSER CONFERENCE:

Mandatory Conferences: Two mandatory conferences have been scheduled for this project as follows:

Wednesday, June 14, 2023, beginning at 11:00 A.M. and Thursday, June 15, 2023, at 10:00 A.M.

Interested Proposers are required to attend at least one of the mandatory conferences to be considered eligible to submit a proposal. Each meeting will begin at City of Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, Interested Proposers will have an opportunity to visit project jobsite: Riverway Sports Park Playground, 3611 N. Dinuba Blvd., Visalia, CA. Transportation will be the responsibility of the Contractor.

SUBMITTAL DEADLINE:

One (1) unbound original and four (4) copies are due no later than: 2:00 p.m. on Friday, June 30, 2023 Address to: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
Addressed from: Proposer’s Name & Mailing Address
Mark envelope: RFP No. 22-23-33
Playground Structures Replacement Project at Visalia Riverway Sports Park INQUIRIES: Direct all questions to the Visalia Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be submitted in writing via email to: [email protected] PUBLIC WORKS PROJECT:

Notice is hereby given that this is a Public Works Project. In compliance with SB854 and Labor Code Section 1725.5, all contractors, and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner. 150

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CITY OF VISALIA, CALIFORNIA
REQUEST FOR PROPOSAL (RFP) 22-23-33

PLAYGROUND STRUCTURE REPLACEMENTS PROJECT

VISALIA RIVERWAY SPORTS PARK
SEALED PROPOSALS will be received by the Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 P.M., on Friday, June 30, 2023 for Playground Replacement Projects:

This solicitation is being offered as the: Riverway Sports Park Jim Byrd Playground Structures. Interested Proposers must propose on all items for which a proposal is being submitted. Requests for Proposal specifications and contract documents may be obtained by calling the Purchasing Division at (559) 713-4334 or emailing [email protected]
Mandatory Conferences: Mandatory Conferences: Two mandatory conferences have been scheduled for this project as follows:

Wednesday, June 14, 2023, beginning at 11:00 A.M. and Thursday, June 15, 2023, at 10:00 A.M.

Interested Proposers are required to attend at least one of the mandatory conferences to be considered eligible to submit a proposal. Each meeting will begin at City of Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, Interested Proposers will have an opportunity to visit the project jobsite: Riverway Sports Park Playground, 3611 N. Dinuba Blvd., Visalia, CA. Transportation will be the responsibility of the Contractor.

Public Works Contract: Notice is hereby given that this is a Public Works Project. In compliance with SB854 and Labor Code Section 1725.5, all contractors and subcontractors (including Consultants and SubConsultants) bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR) and furnish electronic payroll records for new projects to the Labor Commissioner. Selected Consultant will be required to furnish the City of Visalia with their DIR registration number. No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Proposals submitted by unregistered contractors or list unregistered subcontractors will be rejected as non-responsive. Consultant must hold (at minimum) a valid D-34 Contractor’s License.

State Prevailing Wages: Consultant must comply with all State Regulations that apply to this contract, including payment of Prevailing Wages as applicable. 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 diem wages as determined by the Director of the California Department of Industrial Relations. The General Prevailing Wage Rates are available from the California Department of Industrial Relations’ Internet web site:
http://www.dir.ca.gov/dlsr/PWD/index.htm.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of age, race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, 151

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genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City. Publish Dates: 6/1/23 & 6/6/23 152

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TABLE OF CONTENTS
Title Page
I. Definitions.................................................................................................................................. 6 II. Introduction ............................................................................................................................... 6 A. Information .........................................................................................................................6 B. Purpose and Objective........................................................................................................6 C. RFP/Agreement Schedule ...................................................................................................7 III. Scope of Services........................................................................................................................ 7 A. Required Product................................................................................................................7 B. Services of the Consultant ..................................................................................................7 C. Consultant Responsibilities.................................................................................................8 D. City Responsibilities............................................................................................................9 IV. Proposal Content and Format Requirements.............................................................................. 9 A. General Information ...........................................................................................................9 B. Proposal Project Approach ...............................................................................................10 C. Staff Qualifications and Related Experience.....................................................................10 D. Proposed Fee Structure and Schedules ............................................................................11 E. Conflict of Interest ............................................................................................................11 V. Consultant Selection Procedure................................................................................................ 11 A. Criteria ..............................................................................................................................12 B. Background Check.............................................................................................................12 C. Award of Contract.............................................................................................................12 VI. General Conditions................................................................................................................... 13 A. Important Notice...............................................................................................................13 B. Contracting Agency ...........................................................................................................13 C. Legal Responsibilities (Business Tax, Licenses, Permits) ...................................................13 D. Insurance...........................................................................................................................13 VII. Examination of Contract Requirements and Acceptance of Proposal Content.......................... 15 A. Withdrawal of Proposals...................................................................................................15 B. Rejection of Proposals ......................................................................................................15 C. Evaluation/Award of Contract ..........................................................................................16 D. Proposal Pricing Guidelines...............................................................................................17 E. Assignment of Contract ....................................................................................................17 F. Right To Require Performance..........................................................................................17 G. Ethics in Public Contracting...............................................................................................17 H. Equal Employment Opportunity .......................................................................................17 I. Venue................................................................................................................................18 J. Proprietary Information....................................................................................................18 K. Incurring Costs..................................................................................................................18 L. Firearms Prohibited ..........................................................................................................18 M. Russian Sanctions..............................................................................................................18 VIII. Measurement and Payment ..................................................................................................... 19 A. Billing and Payments.........................................................................................................19 IX. Special Conditions Applicable to this Public Works Contract .................................................... 19 A. Department of Industrial Relations Requirements...........................................................19 B. City of Visalia Labor Compliance Manual..........................................................................19 C. Bonds ................................................................................................................................20 D. Project Administrative Issues............................................................................................20 Complete Project .......................................................................................................20 Quantities/Change Orders.........................................................................................20 Omitted Items............................................................................................................20 153

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Visalia City CouncilNovember 20, 2023

Visalia City Council
November 20, 2023