Agenda packet — Visalia City Council, December 4, 2023 (part 1 of 2)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Emmanuel Hernandez Soto
Council Member Steve Nelsen
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, December 4, 2023

ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions:

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1 City Council Meeting Agenda - Final December 4, 2023

2. Federal Lobbyist Presentation - Receive presentation from Thorn Run Partners on 2023 national legislative activity and authorize City Manager to extend annual contract with this firm for one additional term.
23-0449
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)

SPECIAL PRESENTATION

1. Tour of the Visalia Transit, New Flyers bus. 23-0478 CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE
INVOCATION - Archpriest Rev. Father Vartan, Armenian Apostolic Church.

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS
This is the time for citizens to comment on subject matters that are not on the agenda and within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is also the time for citizens to request an item from the Consent Calendar be pulled for discussion purposes. Public comments related to all pulled Consent Calendar items and Regular or Public Hearing items listed on the agenda will be heard at the time that item is discussed or when the Public Hearing is opened.

Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 23-0473

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2 City Council Meeting Agenda - Final December 4, 2023

2. Contract for Land Surveyor - Authorize the City Manager to enter into a contract with Bedrock Engineering for, to provide professional land surveyor services for a one-year term, with the option to renew for four additional one-year terms, in an amount not to exceed $200,000 per year.
23-0128

3. Encampment Grant Application - Authorize staff to apply for the Encampment Resolution Program grant in the amount of
approximately $2.5 million for operational funds for the Visalia Navigation Center on N. Court to provide interim shelter, and a combination of operating and development funds for Majestic Gardens on W Noble for permanent housing.
23-0424

4. Railroad Reimbursement Agreement - Adopt Resolution 2023-58 authorizing City Manager to execute a reimbursement agreement with San Joaquin Valley Railroad for engineering services associated with the design of the Goshen Trail Reconstruction Project, authorize an additional appropriation of $75,000 from the Measure R Trailways and authorize an amendment to the Measure R Supplemental Agreement.
23-0435

5. COPS Grant - Authorize and accept expenditures for training, equipment, salary & benefits for 1.5 police officer positions through the State of California Citizens Option for Public Safety (COPS) Program funds of $222,386 and $189,083 for fiscal year 2022-23 COPS Growth funds for a total Grant $411,469, and appropriate $111,300.
23-0387

6. 4Creeks Design Contract - Authorize the City Manager to bypass the public bidding process and award a professional design services contract to 4Creeks, Inc., for the design of Riggin Avenue Widening from Roeben St to Akers St for an amount not to exceed $470,035.
23-0453

7. Project List For Grant Funding - Authorization to submit a $25.7 million project list to Tulare County Association of Governments (TCAG) to be prioritized for upcoming SB125 funding which is transit related funding.
23-0454

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3 City Council Meeting Agenda - Final December 4, 2023

8. Cemetery District Zone Change - Second reading and adoption of the second reading of Ordinance No. 2023-04 pertaining to the approval of 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.
23-0462

9. Notice of Completion Highland Park 1 - Request authorization to file a Notice of Completion for Highland Park, Unit No. 1 subdivision containing 76 single-family residential lots located at the northwest corner of North Conyer Street and West Riggin Avenue.
23-0463

10. Notice of Completion Highland Park 2 - Request authorization to file a Notice of Completion for Highland Park, Unit No. 2 subdivision containing 49 single-family residential lots located at the northeast corner of North Giddings Street and West Riggin Avenue.
23-0464

11. Consideration of state grant - Authorize the Visalia Police Department to apply for the State Homeland Security Grant Program for up to $500,000 towards the purchase of a
replacement vehicle for the Central Valley Regional Bomb Squad. 23-0469

12. Street Light On Call Contract - Authorize the City Manager to award an annual contract for On-Call Electrical Services for Street Light Repairs to A-C Electric Company of Visalia for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one-year terms.
23-0470

13. Traffic Signal On Call Contract - Authorize the City Manager to award an annual contract for On-Call Electrical Services for Traffic Signal Repairs to A-C Electric Company of Visalia for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one-year terms.
23-0471

14. Department Head Appointment - Request by City Manager for Council approval of the reassignment/appointment of Jason Huckleberry to a Department Head position overseeing
Engineering, Development Services and Building Safety Divisions at the salary of $175,000.
23-0479

REGULAR ITEMS AND PUBLIC HEARINGS

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4 City Council Meeting Agenda - Final December 4, 2023
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.

1. Special Event Ordinance - A Public Hearing and First Reading of Ordinance No. 2023-12, a request by the City of Visalia to amend Visalia Municipal Code Section 12.48 “Special Events”.
23-0378
CLOSED SESSION REPORT - None

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings:

Monday, December 18, 2023 @ 7:00 p.m., Location: 707 W.

Acequia Ave, Visalia, CA
Tuesday, January 16, 2024 @ 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, December 4, 2023 to discuss your
accessibility needs: 559-713-4512 or
[email protected]
<mailto:[email protected]>
If you would like to more information regarding a specific item, contact Michelle Nicholson at 559-713-4512.
23-0472

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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0447 Agenda Date: 12/4/2023 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Public Works
Ben Litwack, WWTP Superintendent
Jason Villalva, Streets Maintenance Worker
Michael May, Solid Waste Operator
Mark Bradley, Solid Waste Operator
Parks & Recreation Department
Lance Turner, Park Ranger
Christopher Godinez, Lead Custodian
Zach Huff, Parks & Urban Forestry Supervisor
Guy Schiff, Landscape & Irrigation Technician
Julia Kirkman, Landscape Inspector
Brian McAlister, Landscape Inspector
Anthony De la Cruz, Park Maintenance Worker/Trails
Visalia City Council Printed on 12/1/2023Page 1 of 1
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0449 Agenda Date: 12/4/2023 Agenda #: 2.

Agenda Item Wording:

Federal Lobbyist Presentation - Receive presentation from Thorn Run Partners on 2023 national legislative activity and authorize City Manager to extend annual contract with this firm for one additional term.

Deadline for Action: 12/4/2023
Submitting Department: Community Development
Contact Name and Phone Number: Devon Jones, 4190
Department Recommendation:

Receive report and authorize the extension of the Thorn Run contract for an additional program year.

The current contract was approved on December 6, 2021, beginning on January 1, 2022, with the option of up to four (4) additional 1-year options. This will be the second of the options exercised (two more options remaining).

Background Discussion:

Greg Burns will provide an overview of federal legislative activity for the 2023 session and some of the strategies his firm employs as a legislative advocate for the City. Mr. Burns has come each year to Council to present an overview of the previous legislative session, to discuss the activity of interest to the City, and to give an overview of the legislative and regulatory environment at the Federal level.

Mr. Burns has been a very responsive representative for the City and has helped to establish contacts and gain insights from various federal agencies and officials on matters affecting the City.

The City Manager and Economic Development Manager work directly with Mr. Burns and when necessary, Mr. Burns meets with and provides insights to various other city staff.

Some of the issues Mr. Burns and Thorn Run Partners have assisted the City with this year include securing an initial authorization for $959,752 in Congressionally-directed spending for the City’s Groundwater Recharge Basin F Project and ongoing monitoring of the National Flood Insurance Program to help ensure thousands of additional residents do not have to purchase costly flood insurance. Other ongoing efforts include helping to secure federal grant dollars, ensuring continuation of the alternative fuel tax rebate, fighting against significant daily rate increases by the National Park Service, and working on a host of other issues in the City’s best interests.

A contract for federal lobbyist services is in place with Thorn Run Partners and allows for up to four additional consecutive annual terms, “at the City’s option and upon mutually agreeable terms”. Staff is requesting Council approval to execute the contract option for 2024.The City has used the same lead lobbyist since 2010.

Fiscal Impact:

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7 File #: 23-0449 Agenda Date: 12/4/2023 Agenda #: 2.

There is no change to the annual contract amount from the prior year.

Prior Council Action: December 19, 2022 - authorized first contract extension with Thorn Run Partners
Other: N/A
Alternatives: Per Council Direction
Recommended Motion (and Alternative Motions if expected):

I move to receive the federal lobbyist report and authorize the extension of the Thorn Run contract for an additional program year...end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Visalia 2023 review ppt., Thorn Run contract extension request letter Visalia City Council Printed on 12/1/2023Page 2 of 2
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8 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected]

November 21, 2023

Leslie Caviglia, City Manager
City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292

Dear Leslie and members of the City Council:

Thank you very much for the opportunity to continue to represent the City of Visalia in Washington, D.C. I remain extremely proud of what we have achieved over many years and look forward to continuing our work together. I also look forward to discussing all of this with you during your December 4 Council meeting.

Over the past year, we have worked with the City on several important issues. This includes efforts to secure $959,752 in Congressionally-directed spending for the City’s Groundwater Recharge Basin F Project in the House version of the Fiscal Year 2024 Interior Appropriations bill due to the work of Representative Costa and the support of Senator Padilla. This is the first Community Project Funding award the City has received since the proces s returned several years ago. At first, the City was stymied by its member of Congress not pursuing Congressionally -directed spending. However, since redistricting, the opportunity to seek such funding has arisen through new Congressional representation. While the funding award may be lower than what the City prefers, Congressionally -directed spending offers the City new opportunities for future funds for local projects.

Meanwhile, as you know, during the years of our working together, the City has enjoyed many significant successes due to its engagement in Washington. From helping to retain the Cigna call center to securing the renewal of a five-year cooperative agreement with the National Park Service to continue the Sequoia Shuttle, working to reduce flood insurance rates and increase private insurance options, ensuring thousands of additional residents do not have to purchase costly flood insurance with little likelihood of flooding, helping deliver millions of dollars in federal grants, assisting the City transition from partnering with the Essential Air Service program to securing a beneficial federal airport development grant, ensuring continuation of the alternative fuel tax rebate, fighting against significant daily rate increases by the National Park Service, and working on a host of other issues, our partnership has yielded significant and consistent results.

Over the next year, I look forward to continuing to provide the City with comprehensive f ederal representation on issues of importance in Washington. Our effort will include many of the issues we have worked over the past several years, new areas of interest the City may have, and other issues that may surface in Washington over the next year that will impact the City. Finally, we will assist the City in preparing and following up on applications for any applicable federal grants.

9 100 M St. SE – Ste. 750 | Washington D.C. 20003 | (202) 849-8523 | [email protected] To continue our work on behalf of the City, we propose a contract from January 1, 20 24, through December 31, 2024 for a monthly fee of $6,500 plus expenses, which we offer to cap at $3,000 for the year.

This is the same fee for which we have worked over the past several years.

Thank you again for the opportunity to represent the City of Visalia in Washington, D.C.

Sincerely,

Gregory D. Burns
10 City of Visalia, California
Federal Advocacy Update
Greg Burns, Thorn Run Partners
December 4, 2023
11 118th House in Review
“We essentially don’t have the majority.”
12 118th Senate in Review
 Judicial and Administration nominees
 Passed a 3-bill FY24 “minibus” on an 80+ in favor vote  Sen. Tuberville (AL) Department of Defense holds – 400+ 13 118th Congress in Review
 Created Bipartisan China select committee
 Raised the federal debt ceiling
 We thought they also agreed on FY24 and FY25 spending levels  Avoided government shutdowns
Common denominator?
14 What’s Next?
 Complete FY 2024 funding
 Begin work on FY 2025 funding
 Israel, Ukraine, Taiwan support
 Border policy/immigration?
 Continue work on AI policy
 Potential tax package
 FAA Reauthorization, Farm
Bill, etc…..

Prepare for the election! Aren’t you excited?
15 Groundwater Recharge Basin F Project
 $959,752 in the
House version of the
Fiscal Year 2024
Interior
Appropriations bill
 Thanks to Rep. Costa
 Also supported by
Sen. Padilla
16 Other Federal Efforts
 Significant federal grant engagement
 Implementation of the Alternative Fuel Tax Credit
Extension
 Provided via the Inflation Reduction Act
 Extended through end of 2024
 Provides about $750,000 annual rebate for 2022, 2023, and 2024 for using natural gas as a motor vehicle fuel in the transit system  Constant monitoring/engaging on a host of other
issues
17 Questions?
Thank you!
18 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0478 Agenda Date: 12/4/2023 Agenda #: 1.

Agenda Item Wording:

Tour of the Visalia Transit, New Flyers bus.

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19 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0473 Agenda Date: 12/4/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

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20 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0128 Agenda Date: 12/4/2023 Agenda #: 2.

Agenda Item Wording:

Contract for Land Surveyor - Authorize the City Manager to enter into a contract with Bedrock Engineering for, to provide professional land surveyor services for a one-year term, with the option to renew for four additional one-year terms, in an amount not to exceed $200,000 per year.

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

Jaklin Rowley, Assistant Engineer, [email protected], (559) 713-4369 Frank Senteno, City Engineer, [email protected], (559) 713-4331 Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award a contract to Bedrock Engineering to provide professional land surveyor services, within the City of Visalia's Administration CIP Engineering division, on a yearly renewable contract not to exceed $200,000.

Background Discussion:

In 1982 California enacted a law that divided the role of a Registered Civil Engineer (RCE) into two distinct categories, the Professional Civil Engineer (PE) and the Professional Land Surveyor (PLS).

This legal change prohibited Professional Civil Engineers from determining property boundaries and related elements, making it essential to have licensed Professional Land Surveyors (PLS) to perform these tasks. Since the enactment of this law, there has been a decline in the number of individuals obtaining PLS licenses, while many individuals with the pre-1982 RCE license have retired.

Additionally, limited programs for becoming a licensed Professional Land Surveyor have contributed to a shortage in the industry, despite a growing demand for their services. Across California, there are approximately 4,000 Licensed Professional Land Surveyors.

The City needs and requires a licensed land surveyor to provide professional services that demand licensure in the State of California and expertise in a variety of municipal engineering responsibilities.

The absence of a licensed land surveyor has persisted for over a year since the position became vacant in April 2022. The vacancy has persisted primarily due to the high demand for land surveying services in both the public and private sectors and availability of California Licensed Surveyors.

During this vacancy period, the Administration - CIP Engineering Division secured an emergency six- month contract with Borum Land Surveying (BLS) to fulfill essential survey services. This contract was renewed for an additional year to allow time for the assembly and award of an RFP, which will ultimately cover the services currently provided by BLS. Furthermore, the previous City land surveyor undertook tasks beyond the scope of the emergency contract, such as supervisory duties, internal project coordination, Community Development Department’s mapping needs, CAD drawing for Visalia City Council Printed on 12/1/2023Page 1 of 5
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21 File #: 23-0128 Agenda Date: 12/4/2023 Agenda #: 2.
project coordination, Community Development Department’s mapping needs, CAD drawing for topographic maps, and field surveying. With the exception of supervisory duties and tasks pertaining to Community Development, the consultant hired through the RFP may be called upon for these additional services as needed. Although these tasks do not explicitly require a licensed land surveyor, they may necessitate technical expertise typically associated with a Professional Land Surveyor (PLS). Currently, City engineering staff is managing to meet some of these responsibilities until the City Surveyor position is filled. Recruitment for City Surveyor is being advertised on a continuous basis until filled.

The following list outlines the essential services requiring a licensed land surveyor to review and certify documents for the City:

Right Of Way Acquisition:
· Drafting legal descriptions
· Preparing exhibits
· Providing closures
· Requesting title reports
· Finalizing acquisitions through Title Company (final title report approval) · Reviewing private land development dedication documents, including deeds, closures, exhibits, and title report review for City acceptance
Easements/Temporary Construction Easements:
· Similar requirements as Right of Way
Construction Survey:
· Establishing survey control
· Data processing through the Trimble Software (GPS calibration) · Reviewing topos for consultants (survey control, basis of bearings) · Monument preservation and filing of corner records
Other occasional tasks:
· Assisting with parcels for sale
· Creating lease site descriptions
· Preparing parcel descriptions for the sale of City land · Reviewing Title Reports for pending acquisitions and sales of City land · Maintaining the City's benchmark catalogue and setting/altering monuments · Coordinating with private land developers, contractors, Caltrans, Tulare County representatives, or other public entities regarding land surveying inquiries · Processing Certificates of Corrections
To estimate monthly services, staff analyzed the time spent by the former City Land Surveyor over his last five and a half months (384 hours) and a six-month period from January 2021 to June 2021 (600 hours in six months). On average, this equated to 500 hours of work. The typical charge for consultant surveyors, depending upon experience and skill, ranges from $170 - $200 per hour.

Furthermore, a critical need for the Administration - CIP Engineering Division is the preservation and filing of survey monuments and corner records, a task that requires a licensed surveyor. There are currently approximately 25 corner records related to three grind and overlay projects (Goshen Avenue, Murray Avenue, and Walnut Avenue). Numerous CIP projects are progressing to Visalia City Council Printed on 12/1/2023Page 2 of 5
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Avenue, Murray Avenue, and Walnut Avenue). Numerous CIP projects are progressing to construction, necessitating ongoing survey services, and there are design projects that require the preparation of legal descriptions. All work is expected to be performed on an as-needed basis.

Having licensed surveyors available is essential to ensure the uninterrupted provision of City services and the continuation of City projects.

Upon the successful recruitment of a full-time City Surveyor, a transition plan will be implemented to ensure a smooth integration between the hired consultant and the new City Surveyor. The plan will involve a thorough knowledge transfer from the consultant surveyor, covering ongoing projects, project manager interactions, and specific nuances associated with the City's surveying requirements. Additionally, a detailed handover of ongoing and upcoming projects will be facilitated, including documentation, project status reports, and project manager communications to enable the new City Surveyor to seamlessly assume responsibility. The goal is to foster collaboration between the incoming City Surveyor and existing engineering staff, providing the necessary training sessions or workshops to familiarize the new hire with internal processes and protocols.

Communication regarding the successful hiring of a full-time City Surveyor will be disseminated to project managers, clients, stakeholders, and relevant departments, to help provide an uninterrupted transition between the consultant and City Surveyor. The consultant surveyor contract will be terminated upon the City Surveyor successfully completing their one-year review/evaluation. During this time, the consultant will slowly transition to an inactive role, starting with handing over projects and assisting the new city surveyor in understanding the city’s process for surveying services.

Through this comprehensive transition plan, the aim is to demonstrate a commitment to seamless and effective integration, ultimately enhancing the overall efficiency and quality of surveying services provided by the municipality.

Selection Process:

The City of Visalia received three (7) proposals in response to the advertised Request for Proposals, RFP 22-23-61, seeking annual Professional Land Surveying services for the CIP Engineering Division. These proposals were received on October 26th, 2023, from the following:

Company: Location:

GSI Poway, CA
Central Valley Engineering Selma, CA
Borum Lan Surveying Grover Beach, CA
Bedrock Engineering Madera, CA
4-Creeks Visalia, CA
Precision Civil Engineering Fresno, CA
D.P.S.I. Inc Bakersfield, CA
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All firms were found technically qualified to do the work. All proposers indicated previous experience serving as a consultant surveyor. Therefore, to ensure a thorough and fair evaluation of the consultants' proposals, a proposal review committee was assembled. The proposal review committee diligently assessed and scored the proposals, providing detailed comments throughout the process.

The primary objective was to select a consultant who demonstrated the highest level of qualification for the needed services and a comprehensive understanding of the scope of work. Following the committees' evaluations, staff identified Bedrock Engineering as the most qualified candidate due to their meticulously outlined and well-structured proposal, and their extensive portfolio of land surveying services, including consultant City Survey Services for other municipalities.

1. Bedrock Engineering has been the consultant city surveyor (or provided consultant survey services) for the following cities/municipalities in California:
· City of Orange Cove
· Fresno County
· City of Del Rey
· City of Parlier
Bedrock Engineering comes highly recommended based on the references provided in their RFP.

Notably, they have received praise for their longstanding commitment to clients, maintaining relationships that have endured for over 20 years. Among the references are Summers Engineering and Mike Giersch, who describe Bedrock Engineering as proactive team players with extensive knowledge. The references emphasize Bedrock's commitment to thorough work without taking shortcuts. Their references express a desire to continue working with Bedrock Engineering in the future. Mike from Giersch and Associates specifically mentioned, "[I] have enjoyed working with them; they are extremely sharp, honest, and fair.

Given their expertise and excellent references Staff recommends that Bedrock Engineering be chosen as the designated Consultant Professional Land Surveyor for the City.

Fiscal Impact:

Multiple CIP projects are currently advancing to the construction phase, and these projects require survey services to support the progress of construction crews. In addition to these ongoing projects, there are CIP projects in the design stage that require the creation of legal descriptions.

To manage these services, the City's Administration CIP Engineering Department will bill each CIP project for the specific work carried out by consultant surveyors, and each project will include a pre- determined and approved budget allocation for survey needs. This billing approach mirrors the prior method where the City's Professional Land Surveyor (PLS) tracked time spent on each project and billed accordingly on an established purchase order basis. On-call consultants will also employ a similar time and materials tracking system for billing on each project.

It's important to note that the total cost for these consultant services should not exceed $180,000 for the CIP Division. The amounts mentioned are annual caps, and the contract will include a yearly renewal option until a City Surveyor is hired full-time.

Furthermore, various CIP projects will be responsible for covering their individual survey service Visalia City Council Printed on 12/1/2023Page 4 of 5
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costs.

In addition to these project-specific needs, the CIP Division recommends establishing a contract for consultant services with a yearly cap of $200,000. Within this overall cap, $20,000 will be funded by the salary savings from the currently vacant City Surveyor position for tasks not directly associated with a CIP. The City Surveyor position is budgeted within the General Fund, CIP Engineering Division.

Budget Summary: Survey Services (Yearly Renewal)
Professional Survey Services
Administration - CIP Engineering (various CIP’s)$180,000.00 Land Surveyor Services not directly related to a CIP (General Fund - CIP Engineering Design Division Operating Budget)
$20,000.00
Total Not to Exceed Amount: $200,000.00
Prior Council Action:

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

I move to authorize the City Manager to enter into a yearly renewable contract for consultant professional survey services with Bedrock Engineering in an amount not to exceed $200,000 each year.

Environmental Assessment Status:

No environmental assessment required.

CEQA Review:

No environmental assessment required.

Attachments:

Bedrock Fee Schedule 2024
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25 Physical: 10878 Highway 41, Madera, CA 93636
Mailing: P.O. Box 25783, Fresno, CA 93729
559.645.4849 fax: 559.645.4869
www.bedrockeng.com

Michael S. Hartley, PLS • President Peter Mayne, PLS • Vice President David O. Hartley, RCE • CFO Dedicated to serving the Central Valley's civil engineering and land surveying needs 2024 FEE SCHEDULE FOR LAND SURVEYING AND CIVIL ENGINEERING SERVICES

EMPLOYEE CLASSIFICATION HOURLY RATE

Principal Civil Engineer / Principal Land Surveyor $200. 00 Registered Civil Engineer / Planning Consultant / Professional Land Surveyor $180.00 Engineering in training / Land Surveyor in training / Draftsperson $140.00 Administrative Assistant / Clerical $110.00
Principal Expert Witness Testimony $375.00

FIELD CREW (normal rate and non-prevailing wage) HOURLY RATE

One-person crew with robotic total station $180.00
One-person crew with GPS total station $200.00
One-person crew with GPR and electromagnetic pipe & cable locator $180.00 Each additional crew member $140.00
One-person crew travel time to and from office (up to one hour each direction) $180.00

FIELD CREW (prevailing wage in all counties) HOURLY RATE

One-person crew with robotic total station $230.00
One-person crew with GPS total station $250.00
Each additional crew member $190.00
One-person crew travel time to and from office (up to one hour each direction) $180.00

EXPENSES & DAILY FEES RATE

Digital Level $75.00 per day
Sonar Equipment $150.00 per day
Hydrone (if needed for sonar) $250.00 per day
UAV (drone) - (mapping software included at no additional cost) $500.00 per day Faro X330 or Trimble SX-12 laser scanner $1000.00 per day Surveying supplies Direct cost + 15%
Plotting and reproduction services Direct cost + 15%
Transportation $0.75 per mile
Postage Direct cost + 15%
Subconsultants Direct cost + 10%

OVERTIME RATE Selected Rate x 30%
DOUBLE-TIME RATE Selected Rate x 60%

Rates are effective January 1, 2024 and are subject to annual revision.

Note:

Extra work, if required, will be completed on a separately negotiated lump sum basis or on a “time and materials” basis according to this fee schedule. This note is included in order to satisfy the California Department of Consumer Affairs’ contract requirements for professional engineers and land surveyors. No extra work will be performed without written authorization from the client.

Signature_______________________ _____________
26 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0424 Agenda Date: 12/4/2023 Agenda #: 3.

Agenda Item Wording:

Encampment Grant Application - Authorize staff to apply for the Encampment Resolution Program grant in the amount of approximately $2.5 million for operational funds for the Visalia Navigation Center on N. Court to provide interim shelter, and a combination of operating and development funds for Majestic Gardens on W Noble for permanent housing.

Deadline for Action : 12/4/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Margie Perez, Housing Specialist, [email protected], (559) 713-4460; Melody Much, Assistant Finance Director, [email protected], (559) 713-4379; Renee Nagel, Finance Director, [email protected], (559) 713-4375 Department Recommendation:

Staff recommends that Council receive a summary of funding available for the Encampment Resolution Funding Program and authorize staff to apply for Encampment Resolution Funding Round 3 in the amount of $2.5 million dollars. The proposed amount is to be split evenly between assistance with the first year of operational funds for the Visalia Navigation Center in the amount of $1.25 million, and assistance for the Majestic Gardens project with development and operational subsidies gap funds in the amount of $1.25 million. These are both projects currently under development will provide interim shelter and permanent housing respectively to persons living in targeted encampments within the City of Visalia.

Background Discussion:

The City has provided significant Federal and State funding and grant application support to both the Navigation Center, in partnership with Community Services Employment Training (CSET), and the Majestic Gardens project, in partnership with RH Community Builders (RHCB). Both projects have received various grants and funding to cover most of their project budgets and an award of this proposed ERF Round 3 application amount would complete the initial funding for both projects. The Navigation Center will provide emergency shelter services and the Majestic Gardens will provide permanent supportive housing. Together these two projects create a pathway for encampment residents to achieve permanent housing, which makes this combination an excellent candidate for Encampment Resolution Program Funding.

The California Interagency Council on Homelessness (Cal ICH) released the Encampment Resolution Funding (ERF) Program, Round 3 (ERF Rd 3), Third Disbursement Notice of Funding Availability (NOFA) on December 1, 2023. The Encampment Resolution Funding Program funds, person-centered proposals that resolve unsheltered homelessness in encampments. Proposals should address safety and wellness in encampments, resolve critical encampment concerns via 1) Visalia City Council Printed on 12/1/2023Page 1 of 4
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27 File #: 23-0424 Agenda Date: 12/4/2023 Agenda #: 3.

Providing interim shelter with clear pathways to permanent housing and/or 2) Placing homeless individuals directly into permanent housing. Proposals may strengthen existing, successful models and/or support new approaches that provide safe, stable, and permanent housing for people in encampments. The total available funding is $298.7 million and the average grant size per jurisdiction is $2.5 million. Staff recommends applying for ERF Rd 3 for $1.25 million for the Visalia Navigation Center’s first year operational costs to provide immediate interim shelter, and $1.25 million for the Majestic Gardens development gap, rental subsidies, and operational staffing to provide direct placement into permanent housing for people residing in encampments within the City of Visalia.

Eligible ERF Rd 3 applicants are local jurisdictions including a city, a county as well as a Continuum of Care (CoC). The ERF Round 3 NOFA is awarded on a competitive basis. Applications will be accepted on a rolling basis until all funds are exhausted. Local jurisdictions will have priority to apply for ERF programs on state right of ways over CoC applicants. ERF Rd 3 funds may only be used for proposals that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing and/or place people directly into permanent housing.

Funds Available: The total available funding is $298.7 million for award through ERF Round 3 NOFA until June 30, 2024, or until funds are exhausted, whichever comes first. Awards are expected to be released in July 2024. The deadline to expend 50% of ERF Round 3 funds and obligate 100% of funds is June 30, 2025. The deadline to expend 100% of ERF Round 3 funds is June 30, 2027. Up to 50% of the funds authorized for ERF Round 3 shall be prioritized for local jurisdictions with proposals that address encampments on state right-of-way and meet priority criteria established by Cal ICH in consultation with the California Department of Transportation (Caltrans).

Eligible Uses: Eligible uses include, but are not limited to, development and operational costs of interim emergency shelters or navigation centers, rapid rehousing, rental subsidies, security deposits, landlord mitigation, case management, operating subsidies for emergency shelters or navigation centers, street outreach, job training programs, and delivery of permanent housing.

Proposed Activities:

1. Providing interim shelter with clear pathways to permanent housing - the Visalia Navigation Center.
a. The Navigation Center is currently in need of first year operational costs to assist in covering furnishing costs for the facility and start-up staffing costs, as shown below in Table 1: Navigation Center ERF Rd 3 Funds Request Summary. This would also help meet ERF Rd 3’s very short expenditure deadline of having 50% of funds expended within a year of the award. A full detailed Navigation Center ERF Rd 3 funding request summary can be found in Attachment B.

Table 1: Navigation Center ERF Rd 3 Funds Request Summary Uses of Funds Amount
Shelter Worker (Rec 2 FTE) $ 1,839
Food Services Manager (Asst Dir 1 FTE) 77,601 Homeless Services Food Prep Assistant (SPS 4 FTE) 184,584 Custodian (SPS 2 FTE) 92,292
Homeless Navigator (SPS 1.5 FTE) 69,219 Indirect costs 153,353
Staff training 8,000
Furniture, supplies, window covering, and equipment. 663,112 Total Navigation Center Request $ 1,250,000
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2. Placing homeless individuals directly into permanent housing - Majestic Gardens. a. The Majestic Gardens has a development gap of approximately $650,000. Visalia Homekey LP, the sponsor entity initially planned to apply for HHAP 5 funds to cover the remaining gap, however, California Interagency Council on Homelessness (Cal ICH) stated new HHAP 5 projects are not to be awarded and funds should be focused on sustaining existing projects. There is also a shortage of rental subsidy vouchers due to the large number of new permanent supporting housing projects in our region.

ERF Rd 3 funds can provide up to 2-years of rental subsidies for Majestic Gardens, while the Continuum of Care (CoC) and the Housing Authority of Tulare County (HATC) are in the process of obtaining additional rental vouchers. The project has secured 22 permanent supportive housing vouchers from the Kings/Tulare Homeless Alliance/Continuum of Care but is in need of rental subsidies for the remaining 19 units.

RHCB requests two (2) years of rental subsidy for 19 units as we work to secure additional long-term rental subsidies. Please see a breakdown of this request below in Table 2: Majestic ERF Rd 3 Rental Subsidies.

Table 2: Majestic ERF Rd 3 Rental Subsidies
# of Units Unit Type 2024 Fair Market Rents (FMR)Year 1 Rental Subsidy 19 0 BR $977 $ 222,756
# of Units Unit Type 2025 Fair Market Rents (FMR)Year 2 Rental Subsidy 19 0 BR $1,026 $ 233,928
Total Majestic Rental Subsidies
Request
$
456,684
In addition, the Majestic Project also plans to utilize ERF Rd 3 funds to provide additional on-site security staffing to ensure the safety of tenants, the property, and the nearby neighborhood and businesses. The Majestic’s total ERF Rd 3 request is shown below in Table 3: Majestic ERF Rd. 3 Funding Request Summary.

Table 3: Majestic ERF Rd. 3 Funding Request Summary
Funding Activity Amount
Capital Development $ 648,810
Rental Subsidy (19-units for 2-years) 456,684 Operating Subsidy 144,506
Total Majestic Gardens Request $ 1,250,000
ERF funds are competitive, and activities should center around 1) Providing interim shelter with clear pathways to permanent housing and/or 2) Placing homeless individuals directly into permanent Visalia City Council Printed on 12/1/2023Page 3 of 4
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housing. Therefore, applying for both the Visalia Navigation Center and the Majestic Gardens project will strengthen the City of Visalia ERF Rd 3 application and increase the chances of being awarded.

An award of ERF Rd 3 will provide essential gap funding to support two important City of Visalia projects that will provide immediate interim shelter and direct placement into permanent housing for people with experience homelessness in the City of Visalia.

Fiscal Impact:

If awarded, Encampment Resolution Funding Round 3 will generate $1.25 million for the Visalia Navigation Center’s first year of operational costs to provide interim shelter, and $1.25 million to the Majestic Project for development costs and rental subsidies to provide direct placement into permanent housing to people residing in encampments within the City of Visalia for a total of $2.5 million in ERF Rd 3 funds. No matching funds are required for this application, and no General Fund money is included or requested for the funding of these projects.

Prior Council Action: ● June 21,
2021 - Council awarded RFP 20-21-26 to CSET for the development and operation of the Visalia Navigation Center. ● July 18, 2022 - Council awarded RFP 21-22-28 to RHCB Development LP to the Majestic Inn at 4545 W. Noble Avenue into the Majestic Gardens, a permanent affordable rental housing complex with on-site case management. ● January 17, 2023 - Council approved an application for ERF Round 2 funding for the Navigation Center.
● April 17, 2023 - Council approved an application for Homekey Round 3 funding for the Majestic Gardens project.

Other: None.

Alternatives: Do not apply for the Encampment Resolution Funding Round 3. (Not recommended.) Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to apply for Encampment Resolution Funding Round 3 in the amount of $2.5 million dollars to provide first year operational funds for the Visalia Navigation Center, and a combination of operating and development funds for Majestic Gardens which will provide interim shelter and permanent housing to persons living in targeted encampments within the City of Visalia.

Environmental Assessment Status: Completed
CEQA Review: Completed
Attachments: ● Attachment
A: Encampment Resolution Funding Rd 3 NOFA ● Attachment B:

Navigation Center Project Letter of Request ● Attachment C:

Majestic Gardens Project Letter of Request
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30 Encampment Resolution Funding Program,
Round 3, Rolling Application
(ERF-3-R)
Notice of Funding Availability (NOFA)
November 27, 2023
31 Table of Contents
I. GRANT OVERVIEW ................................................................................................. 1 A. Authority ............................................................................................................. 1 B. Background ....................................................................................................... 1 C. Objective ........................................................................................................... 2 D. Available Funds ................................................................................................. 3 E. Eligible Applicants ............................................................................................. 3 F. Eligible Population to Serve .............................................................................. 3 G. Key Dates ........................................................................................................... 4 H. Applicant Conference...................................................................................... 6 II. REQUIRED APPLICATION ELEMENTS, EVALUATION CRITERIA, AND PRIORITIZED FACTORS ................................................................................................................ 6 A. Required Application Elements........................................................................ 6 B. Evaluation Criteria ............................................................................................. 6 C. Prioritized Factors ............................................................................................... 7 III. ELIGIBLE USES ......................................................................................................... 7 A. Eligible Uses......................................................................................................... 7 B. Budgets............................................................................................................... 8 IV. APPLICATION ......................................................................................................... 9 V. APPLICATION SUBMISSION REQUIREMENTS........................................................ 11 VI. REVIEW, SCORING, AND AWARD........................................................................ 12 A. Review .............................................................................................................. 12 B. Scoring.............................................................................................................. 13 C. Award ............................................................................................................... 16 D. Appeals ............................................................................................................ 17 VII. PERFORMANCE AND REPORTING ....................................................................... 17 A. Performance.................................................................................................... 17 B. Reporting.......................................................................................................... 17 VIII.Appendices......................................................................................................... 18 A. Definitions: ........................................................................................................ 18 32 1
DATE: November 27, 2023

MEMORANDUM FOR ALL ELIGIBLE APPLICANTS
FROM: Meghan Marshall, Executive Officer
California Interagency Council on Homelessness
SUBJECT: NOTICE OF FUNDING AVAILABILITY (NOFA)
Encampment Resolution Funding (ERF-3-R)
I. GRANT OVERVIEW
The California Interagency Council on Homelessness (Cal ICH) is pleased to announce the availability of Round 3 of the Encampment Resolution Funding (ERF) Program.

California appropriated $400 million to fund ERF-3. ERF-3's initial disbursement (ERF-3-L) was allocated to jurisdictions that applied for ERF-2-R, met all the program requirements, but were unable to receive awards under Round 2 due to insufficient funds. This NOFA makes the remaining $298,747,574.33 available for awards through a rolling application process (ERF-3-R). Applications will be accepted on a rolling basis until June 30, 2024, or until funds are depleted, whichever occurs first. Up to 50 percent of the $400 million appropriated will be prioritized for proposals that serve people living in encampments on state right of way.

A. Authority
ERF-3 was authorized in 2022 through Senate Bill 197 (Chapter 70, Statutes of 2022), enacted under Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.). The $400 million for this third round was appropriated by SB 101 (Chapter 12, Statute of 2023). ERF was established to increase collaboration between Cal ICH, Local Jurisdictions, and Continuumsof Care (CoCs) for the following purposes:
• Assist Local Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
• Provide grants to Local Jurisdictions and CoCs to resolve critical encampment concerns and transition individuals into safe and stable housing.
• Encourage a data-informed, coordinated approach to address encampment concerns.

B. Background
Cal ICH was created in 2017 to oversee the implementation of Housing First policies, guidelines, and regulations to reduce the prevalence and duration of 33 2
homelessness in California. Cal ICH’s mission is to develop policies and to identify and coordinate resources, benefits, and services to prevent and work toward ending homelessness in California.

The ERF Program is a four-year grant program that includes three rounds of funding as described below:

Funding
Round &
Allocation
Authorizing bill(s) Disbursements
ERF 1
$50 M • AB 140
(Chapter 111,
Statutes of
2021)
$48 million was awarded to 19
applicants
ERF 2
$300 M • SB 197 (Chapter
70, Statutes of
2022)
• AB 178
(Chapter 45,
Statutes of
2022)
ERF-2-L*: $47,698,261.81 was awarded
to eight applicants that applied for
ERF-1, met all applicable program
requirements, but did not receive
awards under ERF-1 due to lack of
available funds.

ERF-2-R**: $237,301,738.19 was
awarded to 30 applicants
ERF 3
$400 M • SB 197 (Chapter
70, Statutes of
2022)
• SB 101 (Chapter
12, Statute of
2023)
ERF-3-L*: $81,252,425.67 was awarded
to 12 applicants that applied for ERF-2-
R, met all applicable program
requirements, but did not receive
awards under ERF-2-R due to lack of
available funds
ERF-3-R**: $298,747,574.33 is made
available through this NOFA
* L indicates a lookback to unfunded applications in the preceding round. ** R indicates a rolling application process
It is the intent of the Legislature to enact additional legislation to transfer the grant administration work of Cal ICH to the Department of Housing and Community Development (HCD) in FY 2024-25.

C. Objective
The ERF program will fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in 34 3
encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.

Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.

D. Available Funds
Up to $298,747,574.33 is available for award through ERF-3-R. Pursuant to the Budget Act of 2023 (SB 101 (Chapter 12, statute of 2023), up to 50 percent of the funds authorized for ERF-3 shall be prioritized for Local Jurisdictions with proposals that address encampments on state right of way and that meet priority criteria established by Cal ICH in consultation with the Department of Transportation.

E. Eligible Applicants
• Local Jurisdiction – means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
• Continuum of Care (CoC) – as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

Per SB 101 (Chapter 12, statute of 2023), Local Jurisdictions have priority to apply for ERF programs on state right of way, over CoC applicants, until a date specified by Cal ICH. If a CoC applies for an ERF proposal located on a state right of way before May 1, 2024, the CoC must provide a Letter of Local Acknowledgment from each overlapping Local Jurisdiction that: (1) identifies the prioritized encampment; (2) confirms that the CoC has communicated with each Local Jurisdiction about the CoC’s intent to apply; and (3) that no Local Jurisdiction intends to apply for ERF-3-R funds for the prioritized encampment.

F. Eligible Population to Serve
ERF-3-R funds may only be used for proposals that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing.
“Encampment” is not defined in the authorizing legislation for ERF, but 35 4
research published the U.S. Department of Housing and Urban Development provides the following guidance:

An encampment typically includes the following:
• A group of people sleeping outside in the same location for a sustained period.
• The presence of some type of physical structures (e.g., tents, tarps, lean- tos).
• The presence of personal belongings (e.g., coolers, bicycles, mattresses, clothes).
• The existence of social support or a sense of community for residents Unsheltered Homelessness and Homeless Encampments in 2019 (huduser.gov) Furthermore, ERF authorizing legislation requires funding be used for “prioritized” encampments. Applicants must provide a justification for the prioritization of the specific encampment proposed to be served. ERF is not intended to be used to fund a community-wide encampment resolution program. However, in very small communities it may be possible to justify prioritizing all of a small number of encampments for resolution using this fund source. Therefore, in completing this application, applicants must identify and describe the specific encampment that will be prioritized for resolution.

If an applicant proposes to prioritize a large, noncontiguous, or multiple site(s), the encampments may only be addressed through a single application if: (a) the justification for prioritizing the encampments is the same, and (b) the demographics and service needs of the residents of the encampments is sufficiently similar, and (c) that the same set of services, and service providers, including outreach, interim and permanent housing programs, will be used to resolve the identified people's experience of homelessness in encampments.

Applicant must prepare a separate application for each encampment that does not meet the requirements of (a) – (c).

G. Key Dates
The rolling application will open upon the release of this NOFA and the accompanying ERF-3-R application, and will remain open until June 30, 2024, or until all program funds have been exhausted, whichever comes first.

Applications will be reviewed in batches as illustrated in the table and diagram on the following page.
36 5
Application Window and Review
2023 2024
Nov Dec Jan Feb Mar Apr May Jun Jul Aug
Application
Window 1
Review of
Window 1 Apps
Application
Window 2
Review of
Window 2 Apps
Application
Window 3
Review of
Window 3 Apps
Table, ERF-3-R Events Responsible
Party
Date(s)
NOFA Release Date Cal ICH 11/27/2023
Application Release Date Cal ICH 11/27/2023
Application Window #1 Applicant 11/27/23 - 01/31/24
Review and Award Window #1
Applications
Cal ICH 02/01/24 - 03/31/24
Application Window #2 Applicant 02/01/24 - 04/30/24
Review and Award Window #2
Applications
Cal ICH 05/01/24-06/30/24
Application Window #3 Applicant 05/01/24-06/30/24
Review and Award Window #3
Applications
Cal ICH 07/01/24 - 08/31/24
Deadline to Expend 50% of Allocation Applicant 06/30/2025 Deadline to Obligate 100% of Allocation Applicant 06/30/2025 Deadline to Expend 100% of Allocation Applicant 06/30/2027 37 6
H. Applicant Conference
General questions may be submitted by email to [email protected], with a subject line “ERF-3-R” for the duration of the rolling application period.

Please know that Cal ICH will likely respond to any inquiries through official channels that are directed to the entire eligible applicant pool (i.e., Applicant Conference, FAQ, or if necessary, an addendum to this NOFA). The non- mandatory Applicant Conference is a space for Cal ICH to walk through the NOFA, respond to previously submitted questions, and answer live questions as time permits. This conference will last an hour and is for informational purposes only. Attendance is voluntary and the conference will be recorded and posted on Cal ICH’s website for viewing as your schedule permits.

To have your question answered in the Applicant Conference, please email questions to [email protected] with subject line: ERF-3-R by 5pm 12/01/2023.

Conference date and time: 12/07/2023 @ 10:00 – 11:00 AM Pacific Time Registration is required to attend. Register in advance using the following link:
https://us06web.zoom.us/webinar/register/WN_Eib-_GQGTOSL86Rki6qSQg Applicant Conference Agenda:
• Welcome and Introduction
• NOFA Overview
• Answer Questions Submitted to Cal ICH
• Live Questions (as time permits)
II. REQUIRED APPLICATION ELEMENTS, EVALUATION CRITERIA, AND PRIORITIZED

FACTORS
A. Required Application Elements
Eligible applicants must submit an Application in a form and manner specified by Cal ICH; the Application must include minimum elements as described in HSC section 50252.1(c)(4). The Application made available through the Cognito Submission Portal
(https://www.cognitoforms.com/californiainteragencycouncilonhomelessness /erf3rapplication) includes all the minimum elements.

B. Evaluation Criteria
In determining which Applications to fund, Cal ICH shall evaluate and score proposals based on specific criteria as described in HSC section 50251(c)(2).

These specific criteria are operationalized through and located in the ERF-3-R Scoring Matrix at Section VI.A and B of this NOFA.
38 7
C. Prioritized Factors
In accordance with HSC section 50252.1(c)(5), in awarding grants, funding shall be prioritized for both of the following:
• Applications that demonstrate cross-systems collaboration, including collaborations with state and federal entities, and innovative efforts to resolve encampment issues, while focusing on protecting the health and well-being of the individuals living in those encampments. • Applications that represent the diversity of communities across the state, including, but not limited to, rural, urban, and suburban communities.
• Additionally, up to 50 percent of the available funds will be prioritized for ERF projects that address encampments on state right of way.

III. ELIGIBLE USES
A. Eligible Uses
Applicant’s program design and objective and their proposed eligible uses must advance ERF-3-R’s objective, which is set forth at Section I.C of this NOFA. Proposal design may include any combination of the following ten Eligible Use categories:

Eligible Use
Category
Non-Exhaustive List of Eligible Activities Applied to the EligiblePopulation
Rapid Rehousing
Rapid rehousing, including housing identification
services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons,
housing search assistance, case management and
facilitating access to other community-based
services.

Operating
Subsidies
Operating subsidies in new and existing affordable
or supportive housing units, emergency shelters, and
navigation centers. Operating subsidies may include
operating reserves.

Street Outreach
Street outreach to assist eligible persons to access
crisis services, interim housing options, and
permanent housing and services.

Services
Coordination
Services coordination, which may include access to
workforce, education, and training programs, or
other services needed to improve and promote
housing stability for eligible persons, as well as direct case management services being provided to
persons.
39 8
Systems Support
Systems support for activities that improve,
strengthen, augment, complement, and/or are
necessary to create regional partnerships and a
homeless services and housing delivery system that
resolves persons’ experiences of unsheltered
homelessness.

Delivery of
Permanent Housing
Delivery of permanent housing and innovative
housing solutions, such as unit conversions that are
well suited for eligible persons.

Prevention and
Shelter Diversion
Prevention and shelter diversion to permanent
housing, including flexible forms of financial
assistance, problem solving assistance, and other
services to prevent people that have been placed
into permanent housing from losing their housing
and falling back into unsheltered homelessness. This
category is only available to serve people who were
formerly residing in the prioritized ERF encampment
site.

Interim Housing
Interim housing, limited to newly developed clinically
enhanced congregate shelters, new or existing non-
congregate shelters, and operations of existing
navigation centers and shelters based on
demonstrated need that are well suited for eligible
persons.

Improvements to
Existing Emergency
Shelters
Improvements to existing emergency shelters to
lower barriers, increase privacy, better address the
needs of eligible persons, and improve outcomes
and exits to permanent housing.

Administrative
Costs
Administrative costs incurred by the city, county,
continuum of care, to administer its program
allocation. Up to 5% of grant funds may be applied
to administrative costs.

Site restoration is not a permitted Eligible Use for ERF-3-R funds.

B. Budgets
Applicants must use the standardized budget template available at Box.com:
(https://dca.box.com/s/xayuey1lcrgnve0e6l3ut5tkov0rtu3). Where necessary, applicants may modify the budget template.

These budgets will be submitted through the application submission portal:
(https://www.cognitoforms.com/CaliforniaInteragencyCouncilOnHomelessne ss/ERF3RApplication).
40 9
Applicants must demonstrate a reasonable effort to correctly categorize their budgets into the appropriate Eligible Uses. Additionally, if one larger proposal may fall within two or more Eligible Use categories, applicants should split up the line item so that Cal ICH staff can track and better understand proposal components.

IV. APPLICATION
The ERF-3-R application is a questionnaire style survey and has three required parts: administrative information, proposal overview, and implementation. A submitted application that deviates from the following requirements will be considered nonresponsive and will be disqualified from the evaluation. • Part 1: Administrative Information
Requires the applicant to provide information pertaining to jurisdiction type, implementing organization, contracting information, and contacts. • Part 2: Proposal Overview
Requires the applicant to provide information on:
a) Proposal Summary: including an overview of all key components and/or phases of the project that will be funded in whole or in part with ERF-3-R resources.
b) People Served: including metrics on how many people are living in the prioritized encampment and how many people are proposed to be served.
c) Encampment Information: including a description of the people living in the prioritized encampment, the physical characteristics of the encampment, whythe site and the people residing there are being prioritized, and whether the encampment is located entirely or partially on a state right of way. This includes:
• Attachment, Map: Applicants must submit a map of the encampment site proposed to be served with ERF-3-R funds.
• Attachment, Caltrans Letter of Support (if applicable): Projects entirely or partially on a state right of way must include a Letter of Support from Caltrans.
o This letter must include confirmation from Caltrans that they are aware of and in support of the ERF project, including the projected timeline, and that they will only take action on that encampment 41 10
site in collaboration with and with at least two weeks-notice to the ERF grantee, unless critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed.
o This letter should be signed by the local Caltrans Deputy District Director of Maintenance (DDDM) or their designee.
o This letter may also include Caltrans role in the proposal and what Caltrans resources are being leveraged.
d) Proposal’s Outcomes: including a description of the proposal’s planned outcomes, activities to support meeting these outcomes, and how the applicantwill measure their progress.
e) Centering People: including:
i. data, evidence, and other information that informed the proposal’s design;
ii. how input from people with lived experience of homelessness was meaningfully incorporated into the proposal;
iii. the proposal’s adherence to Housing First;
iv. the proposal’s delivery of trauma informed housing services and supports; and
v. how the proposal will prioritize the dignity, health, and safety of people experiencing homelessness in the encampment.
• Part 3: Implementation
Requires the applicant to provide details around proposal implementation in four key areas:
a) Core Service Delivery and Housing Strategies: including the proposed outreach strategies and/or service coordination for the persons experiencing homelessness while they continue to reside in the encampment, the proposed living situations immediately following the encampment, displacement mitigation strategies, ability to deliver permanent housing, pathways to permanent housing, and strategies to mitigate returns to unsheltered homelessness.
b) Budget and Resource Plan: including the total amount of ERF-3-R funds requested, the amount and description of non-ERF resources that will support the proposal, and an explanation for how the requested amount was determined based on the number of people served and the housing options provided. Identifies non-ERF-3-R resources that will be leveraged to support proposal implementation including coordination of resources from other systems that would increase services and housing 42 11
options. This includes prior ERF awards, HUD unsheltered NOFO, and other federal, state, and local funding sources.
• Attachment, Standardized Budget: Applicants must use the standardized budget template available at Box.com:
(https://dca.box.com/s/xayuey1lcrgnve0e6l3ut5tkov0rtu3). Where necessary, applicants may modify the budget template. For guidance on Eligible Uses and categorization, see Eligible Uses in Section III.A. c) Key Entities and Staff: including the experience and qualifications for the implementing organization and key partners, evidence of collaboration between Local Jurisdiction(s) and the CoC, as well as identification of the primary parties with rights to and/or control of the property upon which the encampment resides (Caltrans, Union Pacific, private landowner, etc.) and their shared understanding of and commitment to the implementation of the proposal. For proposals on state right of way, in addition to the Caltrans letter of support, applicants must describe how they collaborated with Caltrans on their program design, implementation plans, and projected timeline.
d) Accelerated Timeline: including how your community will act urgently and efficiently while prioritizing the dignity, safety and wellness of people experiencing homelessness within the encampment site and proposal milestones. Applicants are strongly encouraged to provide incremental milestones for achieving the interim shelter and permanent housing goals set out in the proposal. For projects that include interim shelter and/or permanent housing development, the timeline should include major development milestones.

V. APPLICATION SUBMISSION REQUIREMENTS
Applicants will utilize the Cognito application submission portal:
(https://www.cognitoforms.com/CaliforniaInteragencyCouncilOnHomelessne ss/ERF3RApplication).

Applications will be accepted on a rolling basis beginning on November 27, 2023, until June 30, 2024, or until all funds have been exhausted, whichever occurs first. As detailed above in the Key Dates table, this rolling application period will span three possible application submission windows. Complete applications submitted and received by 5:00 p.m. on the last day of the corresponding application window, will be reviewed and evaluated as a batch for that window. Applications received after 5:00 p.m. on the last day of the application window will be reviewed and evaluated during the following application window.
43 12
Because Cal ICH does not have control over the platform’s timing apparatus and uploading speed, and to mitigate for unforeseen occurrences, applicants are strongly encouraged to submit by noon on the last day of the corresponding application window. For example, applications submitted during application window #1 for the period of November 27, 2023, through January 31, 2024, must be submitted no later than 5:00 p.m. on January 31, 2024, and applicants are encouraged to submit by noon on that day to mitigate any unforeseen occurrences in the Cognito application portal.

Applicants are permitted to submit a “test” submission at a time of their choosing to familiarize themselves with the application and the Cognito platform. To ensure your application is reviewed, please make sure that your final submission is not marked as a “test” submittal. The Cognito platform will instruct applicants on how to navigate this process.

VI. REVIEW, SCORING, AND AWARD
A. Review
Phase 1 – Administrative Review: Applications will be reviewed and evaluated for completeness of NOFA specifications, including checking that the application was submitted on behalf of an eligible applicant. In this review stage, reviewers will evaluate the contents of each application to ensure that all required items are populated and / or received. Cal ICH will reach out to applicants and allow them to resolve small discrepancies, but applications that are not complete or do not contain all the required items and attachments will be considered non-responsive and will be disqualified from the evaluation.

Phase 2 – Scoring Review: Cal ICH and/or its designee will convene an evaluation panel of three qualified individuals who have knowledge and experience of the state grantmaking process and subject matter of the Program. The evaluation panel will review and score applications in accordance with the ERF Scoring Matrix below. This panel will produce an application’s average score. Applications eligible for funding must score an average of at least 70 of the possible 100 points total. In addition to receiving an average total score of at least 70, all applicants must average no less than the minimum scoring threshold for each of the following sections:

1. People Served and Encampment Information (must receive 3 out of the 5 possible points)

2. Proposal’s Outcomes (must receive 10 out of the 15 possible points)

3. Centering People (must receive 16 out of the 20 possible points)

4. Core Service Delivery and Housing Strategies (must receive 11 out of the 15 possible points)

5. Budget and Resource Plan (must receive 10 out of the 15 possible points)
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6. Key Entities and Staff (must receive 10 out of the 15 possible points)

7. Accelerated Timeline (must receive 10 out of the 15 possible points) B. Scoring
The Evaluation Panel will review and consider the totality of the information in the application when determining whether the application satisfies the minimum scoring threshold. However, applicants should respond to each application criteria in the proper application section to ensure all requirements are met.

ERF-3-R Scoring Matrix
Proposal Overview Factors that satisfy minimum scoring threshold:

People Served and
Encampment
Information
(Must receive 3 out of
the 5 possible points)
o Clearly describes the characteristics and
demographics of the people living in the
prioritized encampment and the physical
aspects of the encampment including
location, size of area, types of structures
onsite, and vehicles present.
o Makes a logical and compelling case for why
the identified encampment site is being
prioritized.

Proposal’sOutcomes
(Must receive 10 out
of the 15 possible
points)
o Proposal’s outcomes meaningfully align with
ERF-3-R’s objectives (set forth at Section I.C of
this NOFA).
o Outcomes are specific, measurable, realistic,
and time-based.
o Logically describes how progress will be
measured and outcomes achieved.
o Applicant demonstrates an above average
likelihood of achieving the proposal’s outcomes.

Centering People
(Must receive 16 out
of the possible 20
points)
o Uses well-informed analyses or the
perspectives of people with lived experience
of homelessness to inform the proposal’s
decisions, processes, and actions which
should advance the wellbeing of people
experiencing unsheltered homelessness in the
identified encampment.
o Aligns with and exemplifies Housing First
approaches.
o Provides trauma informed services and
supports, operationalizes harm reduction, and
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centers an individual’s choice and
preferences.
o Prioritizes the dignity, health, and safety of
people experiencing homelessness in the
encampment.
o Details the controls in place to not “penalize
homelessness.”
Implementation Factors that satisfy minimum scoring threshold:

Core Service Delivery
and Housing
Strategies
(Must receive 11 out
of the possible 15
points)
o Includes a comprehensive outreach and
engagement strategyincluding case
management and service coordination for
people currently residing in the encampment.
o Details identify interim and permanent
housing options and includes a description of
how many individuals are projected to be
served with each interim and permanent
housing solution.
o Includes compelling evidence of an
applicant’s demonstrated ability and
commitment to deliver permanent housing for
people residing in the prioritized
encampment. Compelling evidence may
include identification, creation, availability,
and prioritization of permanent housing
resources as well as examples of prior
successes in permanently housing people
experiencing homelessness.
o Describes how the proposed service delivery
model is tailored to meet the needs and
preferences of the people residing in the
encampment site.
o Uses data and input from people with lived
experience of homelessness to inform housing
and service needs, preferences, and the
availability of resources to meet those needs
and preferences.
o Details strategies likely to prevent
displacement from the prioritized
encampment to another unsheltered location
and to prevent returns to unsheltered
homelessness.
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o Details operable plans to support individuals
with the storage of their property and care of
their pets, while living in the encampment as
well as after they have moved into interim or
permanent housing.

Budget and Resource
Plan
(Must receive 10 out
of the possible 15
points)
o Demonstrates a sustainable, prudent, and
effective use of requested funding.
o Budget aligns with achieving the proposal's
outcomes, services and housing options, and
number of people served.
o Identifies non-ERF-3-R resources that will be
leveraged to support proposal
implementation including coordination of
resources from other systems that would
increase services and housing options. This
includes prior ERF awards, HUD unsheltered
NOFO, and other federal, state, and local
funding sources.
* Applications will be evaluated with the
understanding that communities vary significantly with
respect to the current availability of other fund sources that can be used as leverage for their proposed
projects and to sustain the projects beyond the grant
term. In the absence of currently available resources,
Applicants are encouraged to provide a specific plan
for obtaining the funding necessary to sustain their
project beyond the grant term if the project is
intended to continue.

Key Entities and Staff
(Must receive 10 out
of the possible 15
points)
o Includes a detailed description of the lead
entity that will oversee the implementation of
activities in the proposal. Describe lead
entity’s mission, goals, values, geographic
service area and existing efforts related to
serving persons living in encampments.
o Demonstrates the ability to recruit and deploy
personnel with experience and expertise
needed to support the success of the
proposal.
o Demonstrates commitment to cross-systems
collaboration with descriptions of key
contributions of each organization and local
community partners including their
experience and expertise in serving persons
experiencing unsheltered homelessness with a
47 16
range of service needs.
o Demonstrates collaboration between Local
Jurisdiction(s) and the CoC for this proposal.
o Demonstrates capacity to carry out the
proposal.
o Identifies the primary parties with rights to
and/or control of the property upon which
the encampment resides and their shared
understanding of and commitment to the
implementation of the proposal.
o If the encampment is on a state right of way,
the proposal describes how the applicant
collaborated with Caltrans on their program
design, implementation plan, and projected
timeline.

Accelerated Timeline
(Must receive 10 out
of the possible 15
points)
o Demonstrates how the community will act
urgently and efficiently while prioritizing the
dignity, safety and wellness of people
experiencing homelessness within the
encampment site.
o Demonstrates the likelihood of meeting
proposal milestones and objectives.

C. Award
After each application window has closed and all applications received during the window have been reviewed and scored, a Notice of Intent to Award shall be posted on the Cal ICH website and shall be sent by email to the proposed awardees.

Once awards have been determined by Cal ICH, a contract packet including the Standard Agreement and Request for Funds Form (RFF) form will be prepared and sent to the grantee. The grantee will return the signed Standard Agreement and RFF. Funds will be disbursed to the grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH. The RFF must include the total amount of funds proposed for expenditure. Grant funds will be disbursed via mailed check once the RFF has been processed through the Department of General Services and received by the State Controller’s Office. Checks will be mailed to the address and contact name listed on the RFF.

Applications that are denied funding will be provided evaluation panel feedback. Applicants are encouraged to incorporate this feedback and reapply in the next available application window.
48 17
D. Appeals
Pursuant to HSC Section 50251(c)(1), Cal ICH’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final and is not subject to appeal.

VII. PERFORMANCE AND REPORTING
A. Performance
Performance shall start no later than 30 days, or on the express date set by Cal ICH and the grantees, after all approvals have been obtained and the Standard Agreement is fully executed. Should the grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement. All performance under the Agreement shall be completed on or before the termination date of the Agreement.

ERF-3-R grantees must expend at least 50 percent obligate 100 percent of their allocation by 6/30/2025. All ERF-3-R funds must be expended by 6/30/27.

ERF-3-R funds not expended by the 6/30/27 deadline shall be returned to Cal ICH and will revert to the fund of origin.

B. Reporting
The grantee shall submit quarterly reports to Cal ICH with fiscal and programmatic data reflecting the progress of their ERF program in a format provided by Cal ICH. In addition to these quarterly reports, grantees shall adopt a specific project setup in their local HMIS that allows Cal ICH to identify all the served clients from the designated encampment by ERF-funded services and activities. The detailed instructions for establishing projects within HMIS will be furnished upon receipt of an award.

Once an application is submitted and approved, no substantive changes to the program design are allowed unless grantees (1) inform Cal ICH of the change to the program design; (2) explain the impacts of the program design change; and (3) receive written approval from Cal ICH to proceed. If enforcement action is taken or the encampment is otherwise disbursed, the grantee must notify Cal ICH immediately.

Grantees may also receive ad hoc requests for information from Cal ICH or its contractors in support of program monitoring, research, and evaluation.

Grantees with projects on state right of way may also be required to provide programmatic data to Caltrans.
49 18
At the end of the grant period, or upon request by Cal ICH, all grantees shall provide information and products developed with grant funds on service delivery models including any materials that may be necessary to study the program or replicate it for implementation across the state.

C. Public Records Act Requests
Applicants are hereby informed that all documents and correspondence related to their ERF-3-R application are subject to Public Records Act (PRA) requests.

VIII. Appendices
A. Definitions:

The following terms are defined in accordance with HSC section 50250:
(a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction (d) “Continuum of care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (f) “County” includes, but is not limited to, a city and county. (g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
50 19
(j) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.
(l) “State right of way” means real property held in title by the State of California. (Amended by Stats. 2022, Ch. 70, Sec. 3. (SB 197) Effective June 30, 2022.)
Additional Definitions
(m) “Authorized Representative” should be the individual with authority to contract on behalf of the awardee.
(n) “Encampments” An encampment typically includes the following:
• A group of people sleeping outside in the same location for a sustained period.
• The presence of some type of physical structures (e.g., tents, tarps, lean- tos).
• The presence of personal belongings (e.g., coolers, bicycles, mattresses, clothes).
• The existence of social support or a sense of community for residents. (o) “Expend” means all ERF-3-R funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.
(p) “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF-3-R funding.
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53 54
11/8/2 023
City of Visalia - Majestic Gardens
Encampment Resolution Funding (ERF) Round 3 Request
Majestic Gardens is a permanent supportive housing development located at 4545 W. Noble Avenue in Visalia, CA. The existing 42-unit motel will be rehabilitated and converted into 1 manger’s unit and 41 units of permanent supportive housing. All units will be targeted to chronically homeless individuals. The project will feature designated office and community space so that supportive services can be provided onsite.

Majestic Gardens has been brought forth in partnership between the City of Visalia, RHCB Development LP, and UP Holdings LLC to address the housing needs of homeless individuals.

The total development cost for Majestic Gardens is $17,298,880. The project has secured $16,650,070 in development funding including $12,269,379 in Homekey 3.0 funds. Currently, this project faces a $648,810 capital funding gap. As such, we write to you to request an additional $648,810 in capital funds for this project. The primary driver behind this request is the unforeseen escalation of construction costs. Our team has made great efforts to reduce construction costs and the total development cost to bridge this gap. We also seek ERF funds to support the operation of Majestic Gardens. The project has secured 22 permanent supportive housing vouchers from the Kings/Tulare Homeless Alliance but is in need of rental subsidies for 19-units. We kindly request two (2) years of rental subsidy for 19 units as we work to obtain an alternate
long-term
subsidy commitment for this project. Please see a breakdown of this request below in Table 1.

Table-1: Rental Subsidies Request for Two-Years
# of Units Unit Type 2024 Fair Market Rent (FMR) Year 1 Rental Subsidy 19 0 BR 977 $222,756
# of Units Unit Type *2025 Fair Ma rket Rent (FMR) Year 2 Rental Subsidy 19 0 BR 1026 $233,928
Total Request $456,684
*Year 2025 FMR is based on an estimated 5% annual increase in FMRs.

Additionally, we would like to provide additional security, including an on-site watchman and staffing, to increase security at the property and ensure the safety of tenants, the property, and nearby neighbors. Thus, we request an operating subsidy in the amount of $144,506. As a result, the total request for ERF Round 3 is $1,250,000, as shown below in Table-2: ERF Rd. 3 Funding Request Summary.

Table-2: ERF Rd. 3 Funding Request Summary
Funding Activity Amount
Capital Development $ 648,810
Rental Subsidy (19-units for 2-years) $ 456,684 Operating Subsidy $ 144,506
Total Request $ 1,250,000
Sincerely,
Wayne Rutledge RHCB
Development LP
55 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0435 Agenda Date: 12/4/2023 Agenda #: 4.

Agenda Item Wording:

Railroad Reimbursement Agreement - Adopt Resolution 2023-58 authorizing City Manager to execute a reimbursement agreement with San Joaquin Valley Railroad for engineering services associated with the design of the Goshen Trail Reconstruction Project, authorize an additional appropriation of $75,000 from the Measure R Trailways and authorize an amendment to the Measure R Supplemental Agreement.

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

Diego Corvera, Civil Engineer, [email protected], 559-713-4209 Jim Koontz, City Attorney, [email protected], 559-372-2400 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: 1) adopt Resolution 2023-58 a resolution authorizing the City Manager to execute San Joaquin Valley Railroad (SJVR) Reimbursement Agreement for engineering services necessary for the design of Goshen Trail Reconstruction Project; 2). Authorize an additional appropriation of $75,000 from the Measure R Trailways (132) fund; and 3) Authorize the City Manager to execute an amendment to the Measure R Supplemental Agreement with TCAG to increase the Measure R Trail funds allocated to the preliminary engineering phase.

The agreement was prepared by San Joaquin Valley Railroad Company and reviewed and approved by the City Attorney.

Background Discussion:

City Council, at their May 2nd 2022 meeting, directed staff to award the design contract to 4Creeks Inc. in the amount not to exceed $1,269,306.00 to prepare Plans, Specifications, Estimates and to coordinate with the Railroad in the development of construction documents for the Goshen Trail Reconstruction Project.

The Goshen Trail Reconstruction project will require the installation of curb & gutter, reconstruction of the existing asphalt multi use trail, intersection improvements, pedestrian signal modifications, trail lighting, bench installation and landscaping along the entire stretch of the trail.

Railroad Oversight Entities
The railroad that is impacted by the Goshen Trail Reconstruction project is overseen by the following organizations, Union Pacific Rail Road (UPRR) are the underlying owners of the railroad and San Joaquin Valley Rail Road (SJVR) are the railroad operators that oversee the day-to-day use of this Visalia City Council Printed on 12/1/2023Page 1 of 4
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56 File #: 23-0435 Agenda Date: 12/4/2023 Agenda #: 4.

Joaquin Valley Rail Road (SJVR) are the railroad operators that oversee the day-to-day use of this segment of railroad. Both of these organizations have design standards and safety requirements that apply to projects that have direct or indirect impacts to the railroad mainline and crossings. These two entities work in partnership in the design review of infrastructure projects and typically the more conservative of their requirements will govern. California Public Utility Commission (CPUC) is the public oversight entity over UPRR and SJVR that serves as a regulatory arm for the railroad.

Railroad Communications and Coordination:

City staff and design consultant originally met with railroad representatives from UPRR and SJVR back in May of 2022 to request letters of support for grant funding that the City was applying for to fund the construction of the Goshen Trail Reconstruction project. Preliminary fees were paid to UPRR and a project scope was provided to the railroad entities to kick off coordination efforts. In August of 2022 a reimbursement agreement was executed with UPRR per their requirements to provide design review consistent with UPRR standards.

City staff and design consultant inquired with SJVR if they required any reimbursement agreement as it could be processed and executed concurrently with UPRR. SJVR stated that no agreement would be necessary at that time and that they will require construction oversight agreement post design approval. Following SJVR staff turnover and coordination with now different SJVR staff, they now require a reimbursement agreement to be executed in order to cover their staff time for the review of the project design.

As much of these improvements will have a direct or indirect impact on the adjacent railroad with specific operation implications at the various intersections, coordination with the SJVR is necessary to design and construct the project. Refer to the attached Concept Design for a typical intersection crossing and project proximity to the existing railroad.

Railroad Coordination Challenges
Both City staff and the design consultant have incurred delays due to railroad staff turnover, lack of communication during transfers, re-scheduling of meetings, and unresponsiveness to correspondences. Despite these difficulties, Staff remains hopeful and is moving forward with the scheduling of meetings and field reviews to continue the design review process.

Phase 1 (Mooney to Giddings) of this project is federally funded for construction and has a construction authorization deadline of April 2025. To-date the City is still on track to meet this deadline assuming the railroad will proceed with their design reviews and that their staff turnover or general delays will cease.

No Council action other than what’s recommended herein is needed at this time. The attached Railroad Correspondence Memo outlines the City to-date coordination efforts with the railroad is for information only. Note though that UPR is holding internal meetings following RR staff comments made regarding the proximity of the project to their facilities.

Staff will return to Council with an update or seek direction if news from either of the railroad companies is determined to be averse to the project.

Fiscal Impact:

The design and ROW phase of this project is funded by Measure R Trails approved by voters and Visalia City Council Printed on 12/1/2023Page 2 of 4
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57 File #: 23-0435 Agenda Date: 12/4/2023 Agenda #: 4.

The design and ROW phase of this project is funded by Measure R Trails approved by voters and administered and programmed for funding by Tulare County Association of Governments (TCAG).

See below the following summary of the current budget for the design and right of way phase of the project using Measure R Trails:

Goshen Trail Reconstruction Project - Design & ROW Phase (CP8130) Design Funding Source
Measure R Trails (132) $1,661,630
Total Project Funding $1,661,630
Goshen Trail Reconstruction Design Budget
Design Consultant - 4Creeks (Base) $956,906
Optional or Fix-fee Tasks $312,400
Staff time Estimate (Project Management) $50,000
Design Survey (City Staff) $135,000
Survey Drawing Processing (City Staff) $50,000
Project Contingency (5% of base) $50,000
Union Pacific Railroad Company (Reimbursement Agreement)$100,000 San Joaquin Valley Railroad (PE Reimbursement Agreement)$80,740.00 Total Design Cost $1,735,306
Project Budget (Fund 132) $1,661,630
Project Deficit (-$73,416)
Project Appropriation $75,000
Staff is actively seeking grant opportunities to fund the cost of construction. Completing the design phase of this project will increase the chances of receiving an award of funds for construction as some grant applications will include the projects’readiness to proceed to construction as a selection criterion for awarding a grant.

Prior Council Action:

August 15, 2022
Adopt Resolution 2022-48 authorizing City Manager to execute reimbursement agreement with Union Pacific Railroad Company for the engineering services associated with the design of the Goshen Trail Reconstruction Project. (Project Number 3010-72000/CP8130-999) May 2, 2022
Authorize the City Manager to enter a contract with 4Creeks for RFP 21-22-27 to prepare professional consulting services for the design of the Goshen Trail Reconstruction project in the amount not to exceed $1,269,306, authorize an additional appropriation of $650,000 from Measure R Trails (132) Fund, and authorize an amendment to the Measure R Supplement Agreement. (Project Visalia City Council Printed on 12/1/2023Page 3 of 4
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58 File #: 23-0435 Agenda Date: 12/4/2023 Agenda #: 4.

Number 3010-72000/CP8130-999)
August 17, 2020
Authorized City Manager to submit a funding application for the 2021 Active Transportation Program (ATP) Cycle 5 to Caltrans and the Tulare County Association of Governments (TCAG) Alternatives:

None
Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution 2023-XX authorizing City Manager to execute a Reimbursement Agreement with San Joaquin Valley Railroad for the engineering services associated with the design of the Goshen Trail Reconstruction Project, appropriate $75,000 from the Measure R Trailways (132) fund and authorize the City Manager to execute the amendment to the Measure R Supplemental Agreement.

Environmental Assessment Status:

To be completed during the design phase
CEQA Review:

To be completed during the design phase
Attachments:

1. Location Map

2. Concept Design

3. Draft SJVR Reimbursement Agreement

4. Resolution No. 2023-XX SJVR Reimbursement Agreement

5. Railroad Correspondence Memorandum

6. Draft Measure R Supplemental Agreement
Visalia City Council Printed on 12/1/2023Page 4 of 4
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59 Linwood St
Lovers Lane
Caldwell Ave
Dinuba Blvd
Giddings St
Mooney Blvd
Whitendale Ave
Houston Ave
Hwy 198
Goshen Ave
Hwy 99
^_

VICINITY MAP

VISALIA, CALIFORNIA
City Limits
Project Area
Road Class
Collector
Highway
Major Arterial
Minor Arterial
0 6,6003,300
Feet
¯

CITY OF VISALIA FACTS
2020 Population Estimate: 141,384
Median Household Income: $66,668

14.6% Poverty Rate 13.2% Age 65 and Over
Land Area: 37.94 Sq Miles
Location: 36.3302° N, 119.2921° W
60 Hwy 198
Tulare
Shirk
Doe
Akers
Hwy 99
Main
Riggin
Chinowth
Pratt
Shannon
Giddings
Kelsey
Dem
aree
Plaza
Rd 92
Noble
Linwood
Rd 88
Roeben
W
oodland
Ferguson
Campus
Mineral King
Riverway
Sunnyview
Hall
Ave 312
Ave 308
Rd 76
Mill Creek
Rd 100
Rd 86
Am
erican
M
ooney
Neeley Center
County Center
Rd 108
Ave 316
Plaza
County Center
Ferguson
County Center
Plaza
Ave 312 Riggin Riggin
Dem
aree
Plaza
Mineral King
Roeben
Mineral King
NobleLinwood
Ferguson
Mineral King
Kelsey
Riverway
Dem
aree
Mineral King
Rd 92
Noble
Giddings
M
ooney
Location Map
0 0.9 1.80.45 Miles
Goshen - Visalia Corridor
Giddings Street
Goshen-Visalia
Corridor
Camp Drive
±
Legend
City Limits
Major Streets
Railroad
Waterways
61 EXISTING TRAIL8'
VARIES0' - 9'
VARIES

EXISTING PAVEMENT

EXISTING RAILROADTRACKS

SPARSE EXISTING TREES,LOCATION VARIES

RAILROADCL

RAILROADCL
EXISTING TRAIL8'
APPROX. 30'
VARIESEXIST. R/W

EXISTING BLOCK WALL

EXISTING RAILROADTRACKSSPARSE EXISTING TREES,LOCATION VARIES EXISTING TRAIL8'
VARIES0'-9'
APROX. 24'

EXISTING CURB AND GUTTER

EXISTING RAILROADTRACKS

SPARSE EXISTING TREES,LOCATION VARIES

RAILROADCL

EXISTING PAVEMENT
EXISTING CROSS SECTIONEAST OF CAMP DR. TO DEMAREE ST.EXISTING CROSS SECTIONDEMAREE ST. TO MOONEY BLVD.EXISTING CROSS SECTIONMOONEY BLVD. TO GIDDINGS ST. 62 STOP
STOP
PROPOSED 8' CLASS 1GOSHEN TRAILCENTERLINE

CENTERLINE

CENTERLINE
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED4' PAVEOUT (TYP.)
PROPOSED CURBAND GUTTER (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)PROPOSED ACCESSIBLECURB RAMP (TYP.) EXIST. R/W
EXIST. R/W
EXIST. R/W
EXIST. R/W
EXIST. R/WEXIST. R/W

EXISTING RAILROAD TRACKS
GOSHEN AVE.

MURRAY AVE.

PROTECT IN PLACEEXISTING CURB ANDGUTTER (TYP.)
PROPOSED SIDEWALK (TYP.)
DD EXIST. R/W
EXIST. R/W
EXIST. R/W
PROPOSED TRAILLIGHTING (TYP.)
SWITZER AVE.

SEE INTERSECTION DETAILON NEXT SHEET
REFRESH STRIPING (TYP.)
PROPOSED TRAILBENCHES (TYP.)
EXIST. R/WEXIST. R/WEXIST. R/WEXIST. R/W
EXIST. R/WEXIST. R/WEXIST. R/WEXIST. R/WCENTERLINECENTERLINE

CENTERLINECENTERLINE
PROPOSED MOUNTABLESAFETY APRON (TYP.)
PROPOSED MOUNTABLESAFETY APRON (TYP.)
EXIST. R/W
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)
25'2' SHOULDERGOSHEN CLASS I TRAIL8'2' SHOULDERRAILROADCL APPROX. 22'EXISTING RAILROADTRACKS
EXIST. R/W

2.5" AC6" CLASS II AB6" COMPACTED NATIVEEXISTING CURB AND GUTTEREXISTING PAVEMENT SECTIONSAFETY FENCING

PROPOSED TREES, LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
TRAIL LIGHTING 1'FROM EDGE OF SHOULDER
17'
MATCHLINE SEE DISPLAY 21 FOR CONTINUATIONMATCHLINE SEE DISPLAY 23 FOR CONTINUATION GOSHEN-VISALIA CORRIDORDISPLAY #22
100' 100'CROSS SECTION D-D(LOOKING EAST)
DIVISADERO ST. HALL ST.RINALDI ST.

HALL ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 63 STOP
STOP
PROPOSED ACCESSIBLECURB RAMP (TYP.)

EXISTING RAILROADTRACKS
PROPOSED SIDEWALK (TYP.)
PROPOSED ACCESSIBLECURB RAMP (TYP.)PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.) PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.)

UPGRADE TRAFFIC SIGNALDETECTION TO VIDEODETECTION SYSTEMCENTER LINE PROPOSED 8' GOSHEN TRAIL

CENTER LINE
PROPOSED TRAIL LIGHTING (TYP.)
EXIST. R/W
EXIST. R/W

HIGH-VISIBILITY CROSSWALKCOMBINED WITH GREEN BICYCLE LANE PROPOSED BOLLARDS WITHTRAIL PAVEMENT MARKINGS (TYP.)GOSHEN AVE.

IMPROVE CROSSING OVERRAILROAD
PROPOSED 4' PAVEOUT (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) PROPOSED 4' PAVEOUT (TYP.)PROPOSED MOUNTABLESAFETY APRON (TYP.) EXIST. R/W
EXIST. R/W
PROTECT IN PLACE EXIST.TRAFFIC SIGNAL (TYP.)REFRESH STRIPING (TYP.)

IMPROVE CROSSING OVERRAILROAD
GOSHEN-VISALIA CORRIDORDIVISADERO ST. INTERSECTION DETAIL 20'
20'
DIVISADERO ST.
64 CENTERLINE

CENTERLINE

EXISTING RAILROAD TRACKS
PROPOSED ACCESSIBLECURB RAMP (TYP.)
PROPOSED 4' PAVEOUT (TYP.)
PROTECT IN PLACE EXISTINGCURB AND GUTTER (TYP.)
PROPOSED TRAIL LIGHTING(TYP.)
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)

EXISTING R/W
PROPOSED 8' GOSHEN TRAIL

EXISTING R/W
MURRAY AVE.

REFRESH STRIPING (TYP.)
PROTECT IN PLACE EXIST.TRAFFIC SIGNAL (TYP.)
GOSHEN-VISALIA CORRIDORHALL ST. INTERSECTION DETAIL
20'
20'
65 RR

DDCENTERLINE

EXISTING R/W

EXISTING R/WEXISTING R/W
DUDLEY ST.

W. GOSHEN AVE.

MURRAY AVE.

EXISTING R/WEXISTING R/W EXISTING R/WEXISTING R/W

EXISTING R/W

EXISTING R/WEXISTING R/W EXISTING R/W

EXISTING R/WEXISTING R/W

EXISTING R/W

EXISTING R/WEXISTING R/W

CENTERLINE

CENTERLINECENTERLINE

CENTERLINECENTERLINE
EXISTING R/WPROPOSED BULB OUTS WITHACCESSIBLE CURB RAMPS (TYP.) PROPOSED 8' CLASS 1GOSHEN TRAIL
PROPOSED SAFETYFENCING PER RAILROADREQUIREMENTS (TYP.)
REFRESH EXISTINGSTRIPING (TYP.)
PROTECT IN PL ACEEXISTING CURB AND GUTTER (TYP.)

EXISTING RAILROAD TRACKS
PROPOSED TRAILLIGHTING (TYP.)

SEE NEXT SHEET FOR INTERSECTIONDETAIL
PROPOSED TRAIL BENCHES (TYP.)PROPOSED TRASHRECPTACLE (TYP.) 25'2' SHOULDERGOSHEN CLASS I TRAIL8'2' SHOULDERRAILROADCL APPROX. 22'EXISTING RAILROADTRACKS
EXIST. R/W

2.5" AC6" CLASS II AB6" COMPACTED NATIVEEXISTING CURB AND GUTTEREXISTING PAVEMENT SECTIONSAFETY FENCING

PROPOSED TREES, LANDSCAPING,AND AMENITIES

EXISTING TREE,LOCATION VARIES
TRAIL LIGHTING 1'FROM EDGE OF SHOULDER
17'
GOSHEN-VISALIA CORRIDORDISPLAY #23
100' 100'CROSS SECTION D-D(LOOKING EAST)
MATCHLINE SEE DISPLAY 22 FOR CONTINUATION
GIDDINGS ST. JACOB ST.

LEGEND

PROPOSED TRAIL LIGHTING
RIGHT OF WAYTYPICALEDGE OF PAVEMENTR/WTYP.EP

PROPOSED SAFETY FENCING
EXISTINGEXIST.

PROPOSED ASPHALT PAVEMENTPROPOSED TRAIL BENCHES (2 PER LOCATION)PROPOSED TRASH RECEPTACLERAILROAD TRACKSPROPOSED BOLLARDPROPOSED DRAINAGE INLET 66 EXISTING R/W

CENTERLINE

CENTERLINEEXISTING R/W

EXISTING R/W

EXISTING R/W
EXISTING R/WMURRAY AVE.

PROPOSED 8' GOSHEN TRAIL

PROTECT IN PLACE EXISTINGCURB AND GUTTER

EXISTING RAILROAD TRACKS
PROTECT IN PLACEEXIST. TRAFFIC SIGNAL (TYP.)

ASPHALT PAVEOUT

PROPOSED TRASH RECEPTACLEPROPOSED TRAIL BENCH

PROPOSED BULB OUTACCESSIBLE CURB RAMP
REFRESH EXISTING STRIPING (TYP.)

UPGRADE TRAFFIC SIGNALDETECTION TO VIDEODETECTION SYSTEM

PROPOSED BULB OUTACCESSIBLE CURB RAMP

PROPOSED BULB OUTACCESSIBLE CURB RAMP
PROPOSED 4' PAVEOUT
(TYP.)
GOSHEN-VISALIA CORRIDORGIDDINGS ST. INTERSECTION DETAIL 20'
20'
67 1

Engineering Cost Reimbursement Agreement

This Cost Reimbursement Agreement (the “Agreement”) dated as of __________ ____, 20___ (“Effective Date”) is between SAN JOANQUIN VALLEY RAILROAD, CO., California corporation (“Railroad”) with an address of 221 North F Street, Post Office Box 937, Exeter, California 93221 and the CITY OF VISALIA a municipal entity (“Agency”) with an address of 315 East Acequia Avenue, Visalia, California 93291.

WHEREAS, Railroad and Agency agree that certain improvements are necessary in connection with the proposed improvements of the existing pedestrian trail adjacent to Railroad’s tracks located from Milepost 246.00 – 252.20, Visalia, Visalia County, California (the “Improvements”); and

WHEREAS, the parties agree that the estimated total cost of Railroad’s engineering review services of the Improvements (the “Services”) is estimated to total $80,740.00 (“Estimated Services Cost”); and

WHEREAS, this Agreement provides for Agency’s agreement to reimburse Railroad for the costs that will be incurred by Railroad to complete the Services, subject to the terms and conditions set forth herein.

NOW THEREFORE, in view of the foregoing statements, which form the factual basis of this Agreement and in further view of other good and valuable consideration, the parties agree as follows:

1. SERVICES.

(a) Railroad agrees to perform engineering review of the Improvements, (the “Services”):

Project research, project correspondence, PE site visits (diagnostic), three (3) plan reviews, remark letters, coordination meetings, project controls, process agreement, and progress project to the construction phase.

(b) Agency agrees to reimburse Railroad for a ll costs and expenses (including overhead) incurred by Railroad in connection with Ra ilroad’s performance of the Services, in accordance with Section 3 below. The parties acknowledge and agree that the foregoing reimbursable costs may exceed the Estimated Services Cost.

(c) RAILROAD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES. IN PARTICULAR TH ERE SHALL BE EXCLUDED THE IMPLIED

WARRANTY OF MERCHANTABILITY AS WELL AS THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

2. Term.

The term of this Agreement shall commence on the Effective Date and continue until the Services are complete upon mutual agreement between the parties; however, Railroad’s obligation to invoice as set forth in Section 3 and Agency’s obligation to make payment, as set forth in Section 1, shall survive termination of this Agreement.

68 2

3. Invoicing for Reimbursement of Expenses.

(a) Either upon completion of the Services or periodically, as determined by Railroad in its sole discretion, Railroad will invoice Agency for Railroad’s costs and expenses (including overhead) incurred by Railroad with respect to the Services and provide Agency with a written invoice evidencing those costs and such other supporting documentation to substantiate those costs as Agency may reasonably request. Agency shall reimburse Railroad and pay all invoices within thirty (30) days after Agency’s receipt of the invoice.

(b) Whenever a payment due under this Agreement is not made when due, such amounts shall bear interest at 6% per annum calculated from the date after the payment to which interest applies was due, until the date said payment is made, or the maximum interest allowed by applicable law.

(c) If Agency disputes any invoice, then it may withhold payment only on that portion disputed and pay the remainder by the due date. For purposes of this provision, an invoice is “disputed” by Agency only if Agency (i) notifies Railroad in writing within thirty (30) days after receipt of the invoice that it is disputed, (ii) specifies in such writing the amount disputed, (iii) pays within the time due any amount not disputed and (iv) provides Railroad any documentation or other relevant information substantiating the amount disputed.

4. Miscellaneous.

(a) This Agreement represents the complete and entire understanding of the parties regarding the Work and supersedes any prior drafts of this Agreement and any oral agreements regarding the Work.

(b) This Agreement has been executed by the aut horized officials of the parties and may not be amended unless in writing and signed by the authorized officials of the parties.

(c) This Agreement is the result of the mutual negotiations of the parties and shall not be construed against either of them as the drafte r. Any interpretation or enforcement of this Agreement shall be governed by the laws of the State of California.

(d) This Agreement may not be assigned by either party without the written consent of the other party, which shall not be unreasonably withheld or delayed.

(e) Any waiver of any provision must be in writing and issued by the party granting the waiver. The waiver applies only for the specific facts contained in the waiver and is not construed as a waiver of such facts for the future.

(f) No party shall be liable to the other party for any consequential, indirect, incidental, exemplary, special or punitive damages (including but not limited to, cost of capital, decline in market value, business interruption expenses, attorneys’ fees and lost sales) of any kind arising out of this Agreement regardless of whether the party against whom such damages might be otherwise sought knew or reasonably should have known of the possibility of such damages.

69 3

(g) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original but which together shall constitute one and the same instrument, and counterparts of this Agreement may also be exchanged electronically, and any electronic version of any party’s signature shall be deemed to be an original signature for all purposes.

[Signature Page to Follow]

70 4

IN WITNESS WHEREOF, the parties have caused duly authorized representatives to execute this Agreement as of the date first written above.

SAN JOANQUIN VALLEY RAILROAD, CO CITY OF VISALIA

By: _________________________ By: ________________________

Name: Name:

Title: Title:

Date: _______________________ Date: _______________________

71 Railroad: Region:

Agency: State:

DOT #: COUNTY:

ROADWAY: CITY:
04/29/24
PRELIMINARY ENGINEERING:

Contracted & Administrative Engineering Services 73,400$ Subtotal 73,400$
CONSTRUCTION & CLOSEOUT:

Contracted & Administrative Engineering Services -$
Subtotal -$
FLAGGING SERVICE:

Contracted or Railroad Flagmen Services 0 Days -$
Subtotal -$
UTILITY WORK:

Power Service -$
Other -$
Subtotal -$
CONTRACT WORK:

Outside Services -$
Design & Labor & Material -$
Subtotal -$
RAILROAD TRACK:

Labor & Material -$
Subtotal -$
RAILROAD SIGNAL & COMMUNICATION:

Labor & Material -$
Subtotal -$
PROJECT SUBTOTAL: 73,400$
Public Project Admin: 0.00% -$
Contingencies: 10.00% 7,340$
PROJECT TOTAL: ***************************************************** 80,740$ CURRENT AUTHORIZED BUDGET: ***************************************************** -$ TOTAL SUPPLEMENT REQUESTED: ***************************************************** 80,740$ DIVISION OF COST:

Agency 100.00% 80,740$
Railroad 0.00% -$
NOTE: Estimate is based on FULL CROSSING CLOSURE during work by Railroad Forces & Contractors.

Estimated prepared by: SKS Approved by: Public Project Department DATE: 11/01/23 REVISED: 11/01/23 DATE: 11/01/23
Force Account Estimate Preliminary
San Joaquin Valley Railroad (SJVR) American
City of Visalia CA
AGENCY PROJECT NUMBER: 3010-720000/BP8130-999 ESTIMATE SUBJECT TO REVISION AFTER:

This estimate has been prepared based on site conditions, anticipated work duration periods, material prices, labor rates, manpower and resource availability, and other factors known as of the date prepared. The actual cost for the railroad work may differ based upon the agency's requirements, their contractor's work procedures, and/or other conditions that become apparent once construction commences or during the progress of the work.
752983H, 752982B, 752981U, 752980M, 752978L, 752975R, 752973C, 752971N, 766390G, 752970G, 952943K, 752941W, 752939V Visalia Goshen Avenue Trail Phase I
DESCRIPTION: GEC PE Services for support of the Goshen Avenue Trail Phase I at SJVR MP 251.69-252.20. Tasks include project research, project correspondence, PE site survey (diagnostic), three (3) plan reviews, remark letters, coordination meetings, project controls, process agreements, and progress project to construction phase.

Visalia
72 Resolution No. 2022-xx

RESOLUTION NO. 2023-XX

A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF VISALIA AUTHORIZING REIMBURSEMENT AGREEMENT WITH

UNION PACIFIC RAILROAD COMPANY

WHEREAS, the City of Visalia is moving forward with the design phase for the Goshen Trail from Giddings Street to Camp Drive , this project is referred to as the Goshen Trail Reconstruction Project; and

WHEREAS, the project is the reconstruction of 6.1 miles of asphalt trail that runs parallel to an active San Joaquin Valley Railroad Company operated railroad line; and

WHEREAS, the trail affects th irteen railroad crossing s as listed in the Reimbursement Agreement; and

WHEREAS, San Joaquin Valley Railroad Company is responsible for safety and maintenance of the adjacent r ailroad as an operator of t his rail road segment , any infrastructure improvements that directly or indirectly affect the active railroad will require input and approval from the San Joaquin Valley Railroad Company; and

WHEREAS, San Joaquin Valley Railroad Company has requested that the Cit y sign a Reimbursement Agreement to establish the financial responsibility of the City to reimburse the San Joaquin V alley Railroad Company for their pre-construction review (preliminary engineering), input and approval of the Goshen Trail Reconstruction Project as it pertains to its impact on the active railroad; and

WHEREAS, under the terms of the Reimbursement Agreement the City will agree to be reimburse the San Joaquin Valley Railroad Company for one hund red percent (100%) of all actual costs and exp enses incurred for the engineering services associated with the design of the Goshen Trail Reconstruction Project; and

WHEREAS, San Joaquin Valley Railroad Company will provide progressive billing t o the C ity of Visalia b ased on actual cost in connection with the engineering services for the Goshen Trail Reconstruction Project as it pertains to its im pact on the active railroad; and

WHEREAS, the City of Visalia will pay San Joaquin Valley Railroad Company within 30 days after receiving any progressive submitted; and

WHEREAS, San Joaquin Valley Railroad Company will provide final billing within sixty (60) days after complet ion of the engineering services to the C ity of Visalia b ased on actual cost i n connection with the engineering services for the Goshen Tr ail Reconstruction Project as it pertains to its impact on the active railroad; and

WHEREAS, the City of Visalia wil l pay San Joaquin Valley Railroad Company within 30 days after receiving final bill;

73 Resolution No. 2022-xx

NOW, THEREFORE, BE IT RESOLVED, that that the City Council of the City of Visalia:

1. The Visalia City Manager is authorized on behalf of the City of Visalia to sign Reimbursement Agreement with San Joaquin Valley Railroad Company, (draft attached for reference) with any such additional non-substantive changes as the City Manager deems appropriate.
74

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Memo
To: Diego Corvera, PE
Civil Engineer
City of Visalia

From: Lisa Wallis-Dutra, PE, TE, PTOE, RSP1
Senior Traffic Engineer
4Creeks, Inc.

cc: File
Date: November 14, 2023
Subject: Goshen Trail Reconstruction Project
Communications with Railroad Agencies
As requested, this memorandum is to provide a timeline of communications with the railroad agencies regarding the Goshen Trail Reconstruction Project.

5/27/2022 City agreement with 4Creeks.

6/3/2022 PO issued to 4Creeks.

5/12/2022 4Creeks email requesting meeting to introduce and explain the project.

5/18/2022 Project introduction meeting with the railroad agencies via Zoom; Attendees included:

Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Chris Crawford, 4Creeks Public Works Department Manager Kevin Boles, Wabtec representing San Joaquin Valley Railroad (SJVR) Ellis Mays, Benesch representing Union Pacific Railroad (UPR) Jerry Haar, Genesee & Wyoming (G&W)
In the meeting, the City requested letters of support prior to 6/15/2022 for their ATP grant application. UPR indicated they could not provide a letter of support, especially within that time frame. Kevin Boles indicated he could provide a 75

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generalized letter of support from G&W/SJVR indicating the railroad supports pedestrian/bicycle safety improvements, etc. but would need a better idea of project scope and magnitude of costs.

5/19/2022 4Creeks emailed notes for 5/18/2022 meeting to attendees, requesting concurrence or comments.

5/19/2022 Diego emailed 5/19/2022 meeting attendees representing railroad agencies requesting signature confirmation of receipt of meeting notes. Ellis Mays responded.

5/24/2022 Kevin Boles emailed 4Creeks standard fee request documents so he could begin preliminary engineering work on the project. It was discussed and determined this to be processed with 4Creeks to expedite the process.

5/24/2022 4Creeks emailed Kevin Boles a spreadsheet indicating the improvements the City proposed at each intersection. We requested he identify improvements that may be required by the railroad agencies, along with the costs, so this could be included in the City’s ATP grant application.

5/24/2022 Kevin Boles provided initial comments to the improvement’s spreadsheet, and also requested signal preemption timing from the City.

5/25/2022 Fee request documents and $5,000 fee processed for SJVR to be able to begin preliminary engineering work on the project.

6/7/2022 City provided signal preemption timing to 4Creeks who forwarded to Kevin Boles.

6/13/2022 Kevin Boles provided rough cost estimates for railroad improvements to be used for the City’s ATP grant application.

6/14/2022 Kevin Boles emailed SJVR’s support letter for the City’s ATP grant application.

6/20/2022 Ellis Mays contacted 4Creeks and the City requesting when they may begin looking to execute a preliminary engineering agreement; City indicated they could take to Council in August, 2022.

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7/27/2022 4Creeks emailed Ellis Mays and Kevin Boles requesting additional information about permits and agreements, what agency has ultimate design approval, and who would be working with the City during construction.

7/28/2022 Ellis Mays responded to 4Creeks 7/27/2022 email. He indicated their agreement only covered preliminary engineering with UPR and he could not speak to other parties, namely SJVR. However, he did indicate that subsequent construction and maintenance agreements would be required. He also indicated that per the California Manual on Uniform Traffic Control Devices (CA MUTCD), the California Public Utilities Commission (CPUC) has the ultimate jurisdiction over crossings.

8/1/2022 Kevin Boles also responded to 4Creeks 7/27/2022 email. Kevin indicated that nothing additional at that time was required for preliminary engineering work. He also indicated a three-party agreement between the City, UPR, and SJVR would be required for construction and maintenance. The only other agreement that may be required would be in the case the low bid exceeds the budget set in the three-party agreement, and a funding amendment is needed. This would typically be through a two-party agreement between the City and SJVR.

9/7/2022 City emailed Ellis Mays signed UPR reimbursement agreement for execution.

9/12/2022 Ellis Mays emailed indicating that Trevor Taylor with Benesch was taking over responsibilities for the project representing UPR.

10/6/2022 4Creeks emailed Trevor Taylor requesting right of way information.

10/7/2022 Trevor Taylor responded to 4Creeks’ 10/6/2022 email and included Kevin Boles to obtain information specific to SJVR.

10/24/2022 4Creeks emailed UPR Librarian request for record maps and right of way maps.

12/19/2022 Taylor Trevor emailed indicating that Alex Campbell with Benesch was taking over responsibilities for the project representing UPR.

12/30/2022 Kevin Boles emailed indicating it was his last day at Xorail and Matt Paul would be managing his projects.

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12/30/2022 Alex Campbell with Benesch reached out to introduce himself and check on the concept plan.

2/27/2023 4Creeks emailed Alex Campbell to indicate the project did not receive full funding and would be completed in phases. Requested information on anticipated schedule for railroad approval for Phase 1 segment to determine if it would work with anticipated funding requirements.

3/3/2023 Alex Campbell emailed to schedule meeting to discuss project since railroad agencies have new project representatives.

3/7/2023 Project meeting was held via Zoom; Attendees included:

Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Elsa Mejia, 4Creeks Civil Engineer
Matt Paul, Wabtec representing San Joaquin Valley Railroad (SJVR) Alex Campbell, Benesch representing Union Pacific Railroad (UPR) Provided the spreadsheet of proposed improvements, including the proposed railroad improvements and costs provided previously by Kevin Boles. Also provided copies of the previous SJVR agreement and deposit.

3/13/2023 4Creeks emailed Alex Campbell requesting assistance in obtaining right of way information (separate contact for right of way information has been ongoing).

4/5/2023 4Creeks emailed Alex Campbell again requesting assistance in obtaining right of way information.

4/10/2023 Matt Paul provided map information provided by G&W.

4/26/2023 Emails between 4Creeks and Matt Paul regarding further right of way information needed. Matt indicated G&W does not have ownership, so they do not maintain that information.

7/12/2023 4Creeks submitted 30% improvement plans to Alex Campbell and Matt Paul indicating it was our understanding that the review time was 4 weeks and then an onsite field diagnostic meeting with the design team could be scheduled. We 78

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proposed scheduling the meeting for Wednesday, 8/16/2023, based on the City’s and 4Creeks’ schedules.

7/12/2023 Matt Paul indicated he could attend the planned field diagnostic meeting on 8/16/2022 for SJVR.

7/25/2023 4Creeks emailed Alex Campbell to check on the status of the 30% plan review and verify he could attend the field diagnostic meeting planned for 8/16/2023; he responded he could attend.

7/26/2023 Matt Paul emailed 4Creeks requesting further mechanism to cover ongoing preliminary engineering costs or preliminary engineering services agreement and emailed a draft copy but indicated if it needed to be a Reimbursement Agreement with the City of Visalia, he could revise.

8/7/2023 Alex Campbell contacted 4Creeks indicating that the project impacted several crossings, including traffic signals. As a result, he brought on UPR’s traffic engineering consulting team, Karen Hankinson and Allison Traylor, to attend the diagnostic meeting on behalf of UPR in addition to himself. He indicated their standard diagnostic process requires at least 30 days; therefore, he requested rescheduling to September or early October (plans were received 7/12/2023; there were 30 days for review prior to the scheduled field diagnostic meeting).

8/16/2023 Field meeting at the project site; Attendees included:

8/16/2023 4Creeks sent follow-up email to Matt Paul with information on protected intersections.

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8/23/2023 4Creeks emailed Alex Campbell about scheduling the field diagnostics meeting that had been postponed.

8/29/2023 Matt Paul emailed the City a copy of a Preliminary Engineering Agreement to be executed to cover continued review/development with SJVR and Xorail.

8/29/2023 4Creeks emailed Matt Paul regarding scheduling the field diagnostics meeting and CPUC contacts; response on 8/30/2023.

8/31/2023 City emailed Alex Campbell requesting confirmation that he was coordinating with respective personnel (CPUC, UPR, and others) for the planned 9/20/2023 field diagnostic meeting.

8/31/2023 Matt Paul emailed indicating he was working to get Alex some supplemental information that his team requires and asked if the field diagnostic could be postponed for a few weeks. City responded they did not want to postpone but preferred to focus on Phase 1.

9/5/2023 Alex Campbell emailed indicating that the project has been reassigned to Steve Thomas with Benesch representing UPR.

9/7/2023 4Creeks spoke with Steve Thomas. The planned 9/20/2023 field diagnostic meeting had to be postponed. 4Creeks stressed the project schedule and the funding deadlines and pushed to reschedule the meeting in October. It was also understood that Steve would be coordinating the meeting schedule with CPUC, UPR, and SJVR. 4Creeks would coordinate with the City and the design team.

9/7/2023 4Creeks email Steve Thomas and informed him that the City was not able to locate the original agreement for the existing trail but was able to find the original plans. Those were provided.

9/13/2023 4Creeks emailed Steve Thomas to see if a date was scheduled for the field diagnostic meeting.

9/26/2023 4Creeks emailed Steve Thomas to see if a date was scheduled for the field diagnostic meeting.

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9/27/2023 Steve Thomas emailed to indicate the CPUC did not provide dates for a field diagnostic meeting but requested plans and any traffic studies available. 4Creeks provided plans that were previously submitted on 7/12/2022; however, there are no traffic studies.

10/3/2023 Steven Thomas emailed indicating the CPUC wanted a meeting to review the project prior to the field diagnostic meeting. A meeting via Zoom was scheduled for 10/9/2023.

10/9/2023 Project status meeting via Zoom; Attendees included:

Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Chris Crawford, 4Creeks Public Works Department Manager Elsa Mejia, 4Creeks Civil Engineer
Josue Herrera, 4Creeks Assistant Engineering Designer
Matt Paul, Wabtec
Jerry Haar, G&W
Marcus Campion, G&W
Oliver Garcia, CPUC
Anh Truong, CPUC
Steven Sams, Benesch
Steven Thomas, Benesch
Allison Traylor, Olsson
Karen Hankinson, Olsson
(Others may have been in attendance)
Introductions were made. Initial contact with the railroad agencies beg an in May 2022; however, personnel changed several times. The intent of the meeting was to review the project with all personnel, explain the project, review the 30% plans that were previously provided, and determine the status of the project from all agencies. The goal was to set a field diagnostic meeting with the agencies which is the next step in the process. Although this is an existing trail, UPR indicated they typically do not support trail projects adjacent to their tracks.

A follow-up meeting was scheduled for 12/9/2023. The following actions items were set:

1. UPR to hold an internal meeting to discuss their support for the project.

2. 4Creeks to email existing conditions spreadsheet with preemption information and costs previously provided by Kevin Boles. 81

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3. City and SJVR to discuss needed Engineering Reimbursement Agreement (ERA).

10/9/2023 The City emailed railroad agencies regarding the needed reimbursement agreement based on information discussed in the meeting held today.

10/10/2023 Steven Sams contacted the City and 4Creeks indicating G&W has assigned Benesch as the General Engineering Consultant (GEC) for project management, preliminary engineering, construction engineering, and inspection tasks for public projects. Benesch will be assisting on behalf of SJVR. They indicated the first step would be an ERA between SJVR and the City. Pending project scope acceptance by UPR and SJVR, completion of the preliminary plan review, and the field diagnostic, a Construction and Maintenance Agreement (CMA) between the City, SJVR, and UPR would be executed to address the construction phase and future maintenance. Steven provided the ERA for review and execution.

10/16/2023 As requested in the 10/9/2023 meeting, 4Creeks emailed the meeting attendees the spreadsheet that was previously provided to UPR and SJVR. The spreadsheet shows the existing conditions of the crossings and the proposed improvements, as well as the preemption information and potential costs that was provided by Kevin Boles.

10/17/2023 Steven Thomas contacted 4Creeks indicated that UPR request he schedule an internal meeting to discuss the project in more detail. He asked that 4Creeks provide additional information about the project including overall plan showing project scope including portion of the trail that is existing and new and details on the purpose of the trail, expected users, who the project will serve, overall purpose of the project, information on trail connections to other existing trails or facilities, etc.

10/26/2023 4Creeks prepared and emailed Steven Thomas a memorandum with the information requested by UPR explaining the purpose of the project and the benefits for the community to be used during their internal meeting.

11/1/2023 Additional communication after 10/10/2023 occurred between the City and Steven Sams regarding revisions to the ERA. A revised ERA and estimate were provided to the City on 11/1/2023.
82

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11/9/2023 Project status meeting via Zoom; Attendees included:

Diego Corvera – City of Visalia Project Manager
Lisa Wallis-Dutra, 4Creeks Project Manager
Elsa Mejia, 4Creeks Civil Engineer
Josue Herrera, 4Creeks Assistant Engineering Designer
Steven Sams, Benesch
Benjamin Biesterveld, Benesch
Steven Thomas, Benesch
Greg Breaston G&W
Oliver Garcia, CPUC
Anh Truong, CPUC
Allison Traylor, Olsson
Karen Hankinson, Olsson
The meeting was held to discuss the status of the project and the action items that were to take place since the 10/9/2023 meeting.

1. 4Creeks emailed on 10/16/2023 existing conditions spreadsheet with preemption information and costs previously provided by Kevin Boles.

2. 4Creeks emailed project justification memorandum to Steven Thomas on 10/26/2023.

3. City and SJVR completed ERA; revised ERA was provided to City on 11/1/2023.

4. UPR did not hold their internal meeting to discuss their support for the project.

A project status follow-up meeting has been scheduled for Wednesday, 12/13/2023. It is intended that UPR will hold their internal meeting to discuss their support for the project prior to this meeting. It is also intended that the City will obtain Council approval of the ERA prior to this meeting.

A tentative date for the field diagnostic meeting has been set for Wednesday, 1/24/2024. If UPR approves of the project and the ERA is executed, the stakeholders will move forward with the field diagnostic meeting. 83 MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
AUTHORITY Agreement No.__________________
This Program Supplement (Program Supplement) is made and entered into on ________________, 2023 by and between the __City of Visalia ______________ (SPONSOR) and the Tulare County Association of Governments, acting as the Local Transportation Authority (AUTHORITY).

This Program Supplement herby incorporates the “Measure R Cooperative Agreement” for Measure R Expenditures which was entered into between the SPONSOR and AUTHORITY on June 04, 2007 and is subject to all terms and conditions thereof.

This Program Supplement is executed under authority by a vote of the City Council on December 4, 2023.

Project scope, costs and schedule are incorporated herein as Attachment “A” and agreed upon by Sponsor and Authority for Project: Goshen Ave. Trail Reconstruction Project from Giddings Avenue to Camp Drive.

This Supplemental Agreement supersedes the supplemental dated July 5, 2022 for CIP 8130, Goshen Trail Replacement – Giddings Ave. to Road 76, in the amount of $1,661,630.

Covenants of SPONSOR

1.1 By entering into this Program Supplement, SPONSOR agrees that it will only proceed with work authorized for specific phase(s) of the Project with written “Authorization to Proceed” or other AUTHORITY approval and will not proceed with future phase(s) of this Project(s) prior to receiving a written “Authorization to Proceed” or other AUTHORITY approval.

1.2 The SPONSOR will advertise, award, and administer the Project(s) in accordance with SPONSOR standards.

1.3 Contract award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the Project contract award.

1.4 Failure to submit contract award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase of the Project.

1.5 If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of Project(s) activity along with target billing date and target billing amount.
84 CIP 8130

IN WITNESS WHEREOF, the undersigned Parties have executed this Program Supplement on the day and year first written above.

COUNTY OF TULARE TRANSPORTATION AUTHORITY
By: _____________________________________ Attest:__________________________ Authority Director Authority Finance Director

CITY OF VISALIA

By:______________________________________ Attest:_________________________________ City Manager Chief Deputy City Clerk

85 CIP 8130

MEASURE R PROGRAM SUPPLEMENT TO

COOPERATIVE AGREEMENT
Attachment A

Project Name: Goshen Ave. Trail Reconstruction Project from Giddings Avenue to Camp Drive

Project Scope

Design for approximately 6 miles of 8’-10’ wide multi-use trail along the north side of Goshen Avenue, adjacent to the existing railroad. The project will include removal of the existing deteriorated trail paving and construction of a new asphalt concrete trail with drainage culverts.

Design will include a quarter mile extension of the trail from American St. to Camp Drive, installation of curb and gutter, landscaping and irrigation, trail amenities, and intersection safety improvements. Project may include right-of way costs.

Project Schedule

Preliminary Engineering & ROW May 2022

Sources and Use of Funds

Funding Source MR
PS&E & ROW 1,736,630

Total Funding 1,736,630

This Supplemental Agreement supersedes the supplemental dated July 5, 2022 for CIP 8130, Goshen Trail Replacement – Giddings Ave. to Road 76, in the amount of $1,661,630.

86 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0387 Agenda Date: 12/4/2023 Agenda #: 5.

Agenda Item Wording:

COPS Grant - Authorize and accept expenditures for training, equipment, salary & benefits for 1.5 police officer positions through the State of California Citizens Option for Public Safety (COPS) Program funds of $222,386 and $189,083 for fiscal year 2022-23 COPS Growth funds for a total Grant $411,469, and appropriate $111,300.

Deadline for Action: 12/4/2023
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize and accept recommended expenditures for training, equipment, salary & benefits for 1.5 police officer positions through the State of California fiscal year 2022-2023 Citizens Option for Public Safety (COPS) Program funds of $222,386 and $189,083 for fiscal year 2022-23 COPS Growth funds for a total grant of $411,469 and appropriate $111,300 for the current Grant.

Summary:

AB 3229 creates the Citizens Option for Public Safety (COPS) Program. The bill allocates money to cities and counties for law enforcement and public safety purposes. California Government Code sections 30061 through 30063 regulates the funding.

The City of Visalia was allocated a total of $441,469 that will be deposited in and expensed from Fund 631. The Grant will be used to continue funding salary and benefits for 1.5 existing police officer positions. In addition, the Department uses the funds for training, equipment, and other front line law enforcement services. In addition to the salary and benefits, the Department will replace outdated lighting and sighting equipment related to the patrol duty rifles assigned to each patrol officer. The Department will purchase 166 new rifle sight systems for an estimated cost of $72,000. Once funding is approved, a public request for a bid will be announced. A budget of $10,000 is also included for executive and management training.

Background Discussion:

In FY 2023/24 the State allocated a total of $214,200,000 for COPS and Juvenile Justice Crime Prevention (JJCPA) and it is shared among County and City Agencies. The State allocates 5.15% to the County Sheriff’sOffice, 5.15% to the District Attorney’sOffice, 50% for JJCPA, and 39.7% for City and County front line law enforcement services. The allocations are calculated in a manner that provides a minimum Grant allocation of $100,000 to each law enforcement jurisdiction. The City Council is responsible for appropriating the COPS Grant funds, which may only be spent on “front line law enforcement services”and may not be used to supplant existing law enforcement services.

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line law enforcement services”and may not be used to supplant existing law enforcement services. “Front line law enforcement services” is not specifically defined in the legislation, but includes anti- gang and community crime prevention programs, equipment, or services. The funds may not be used for capital construction projects. Funds must be expended or encumbered annually.

Fiscal Impact:

The COPS Grant is budgeted annually which includes projected revenue and expenditures. Once the final Grant allocation is announced and expenditures are finalized, adjustments are made to the budget.

The police officer position is included in the budget projections for the current fiscal year. The cost of the new equipment is projected at $72,000 and requires a new CIP account. The training will be processed against the operating budget. The table below provides details about the revenue and expenditures for the grant and the additional appropriations required of $111,300.

Citizens Option For Public Safety (COPS) 631 Fund Activity FY 2023/24 Current Budget Budget Adjustment
Revenue
State COPS Funds FY 23/24$411,469 $350,000 $61,469
Expenditures
Salary & Benefits (Includes OT)$305,600 $278,300 $27,300 Operating $3,300 $3,300 -
Equipment Purchase (Sight
System)
$72,000 - $72,000
Executive Training $10,000 - $10,000
Allocation $20,100 $18,100 $2,000
Total Expenditures $411,000 $299,700 $111,300
Revenues over (under)
Expenditures
$469
Fund Balance 7/1/2023$67,409
Committed Expenditures
PO3149 H&K ($8,006)
PO3466 (Crime Light) ($12,160)
CIP EQ0222 (Mobile Field Force)($17,000)
PO3506 (Munitions) ($20,000)
Total Committed Expenditures($57,166)
Funds Available for other uses$10,243
Fund Balance 6/30/2024$10,712
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Citizens Option For Public Safety (COPS) 631 Fund Activity FY 2023/24 Current Budget Budget Adjustment
Revenue
State COPS Funds FY 23/24$411,469 $350,000 $61,469
Expenditures
Salary & Benefits (Includes OT)$305,600 $278,300 $27,300 Operating $3,300 $3,300 -
Equipment Purchase (Sight
System)
$72,000 - $72,000
Executive Training $10,000 - $10,000
Allocation $20,100 $18,100 $2,000
Total Expenditures $411,000 $299,700 $111,300
Revenues over (under)
Expenditures
$469
Fund Balance 7/1/2023$67,409
Committed Expenditures
PO3149 H&K ($8,006)
PO3466 (Crime Light) ($12,160)
CIP EQ0222 (Mobile Field Force)($17,000)
PO3506 (Munitions) ($20,000)
Total Committed Expenditures($57,166)
Funds Available for other uses$10,243
Fund Balance 6/30/2024$10,712
Prior Council Action: N/A
Other: N/A
Alternatives: Refuse the designated Grant money.

Recommended Motion (and Alternative Motions if expected):

Authorize and accept recommended expenditures for training, equipment, salary & benefits for 1.5 police officer positions through the State of California fiscal year 2023-2024 Citizens Option for Public Safety (COPS) Program Funds of $222,386 and $189,083 for fiscal year 2022-23 COPS Growth Funds for a total Grant $411,469, and appropriate $111,300.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0453 Agenda Date: 12/4/2023 Agenda #: 6.

Agenda Item Wording:
4Creeks Design Contract - Authorize the City Manager to bypass the public bidding process and award a professional design services contract to 4Creeks, Inc., for the design of Riggin Avenue Widening from Roeben St to Akers St for an amount not to exceed $470,035.

Deadline for Action: None
Submitting Department: Administration - Public Works
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], 713-4323 Department Recommendation:

Staff recommends that City Council authorize the City Manager to bypass the public bidding process and award a professional design services contract to 4Creeks, Inc. for design of Riggin Avenue Widening from Roeben St. to Akers St. for an amount not to exceed $470,035.

Background Discussion:

In accordance with City Council discussions and priority of the widening of the corridors that comprise the conceptual “Ring-Roads”,this item is the design award to further Council’sgoals to design and ultimately construct Riggin Avenue between Roeben St and Akers St. The Ring-Road corridors include Riggin Avenue, Shirk Street, Visalia Parkway, and future Road 148. This report focuses on the Riggin Avenue specifically the section between Roeben St and Akers St.

This will be the final segment of Riggin Avenue that needs to be widen within City limits, establishing the Riggin Ave corridor to its ultimate width. The subject project is funded through the Transportation Impact Fees (TIF) and Measure R Regional funding.

Development Status:

Commercial and residential development is proceeding along the northside of Riggin Ave between Shirk St and Akers St. The opening of the commercial site associated with the Carleton Acres development at the northeast corner of Riggin Ave and Shirk St will entail the widening of Riggin Ave from Shirk St to Roeben St, this CIP project will then widen the Riggin Ave from Roeben St to Akers St. The Carleton Acres development is tentatively scheduled to be presented to LAFCO on 12/06/2023, following this process, development is expected to progress to site permitting in early January 2024. If this occurs, it is anticipated that development construction will be completed within the next 18 months, leaving only this ½ mile stretch of Riggin Ave from Roeben St to Akers St as the last unimproved section of Riggin Ave.

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File #: 23-0453 Agenda Date: 12/4/2023 Agenda #: 6.

Development Progressing as Planned:

This City project will eliminate the choke point between Roeben St to Akers St, improving traffic safety and congestion along the corridor and will serve as the timely catalyst to relocate the Southern California Edison (SCE) power poles to their ultimate location ahead of the commercial site opening.

The SCE pole relocation process can take 12-14 months, without the City project this segment of Riggin Ave would remain a choke point and it’simprovement would be extensively delayed due to SCE and adjacent developer timelines.

Current entitlements for the commercial site at the northeast corner of Riggin Ave and Shirk St require Riggin Ave between Shirk St and Akers St to be widened to 4-lanes ahead of opening day.

Due to the upfront cost of this widening, the developers have stated the financial burden of that requirement will make their development untenable. In an effort to work with the adjacent developers and get Riggin Ave fully widened, the City is proposing this CIP to keep development moving forward with current offsite plans for Shirk St to Roeben St. The developers will reimburse the City for their responsible share of roadway frontage construction cost for the Riggin Widening project Roeben St to Akers St in accordance with the final recorded Development Agreement and established areas of benefit.

This project will increase vehicle capacity along Riggin Avenue by adding additional east/west lanes and will provide for an efficient flow of traffic in support of the increase in development within the surrounding area. Improvements to widen Riggin Avenue between Roeben St. to Akers St. from a two-lane road to a four-lane divided road will include curb and gutter, median, median street lighting, median landscape and irrigation, storm drainage, utility pole relocations, signalization of Roeben St and Riggin Ave intersection, and interconnect conduit.

The total project cost for this segment of Riggin Avenue is currently estimated to be $6,075,000.

Measure R Regional funds were appropriated to supplement the funding needed for this project as the TIF Fund can only be used for certain improvements such as the travel lanes and medians.

Council approved the appropriation of funds towards this project during the City Council meeting held on September 18, 2023.

Although an exact project schedule for this segment has yet to be determined, Staff is attempting to have this project coupled with the city CIP Riggin (Kelsey to Shirk) segment and the Carlton Acres development project in order to have the SCE transmission poles, running throughout all three projects, relocated at one time under one SCE project. Assuming this occurs, then the roadway project is expected to follow behind the Riggin Widening Project Kelsey St to Shirk St and start as soon as late 2024. This will keep the project in line with development to the north which is anticipated to be open late 2025, and the SCE pole relocation timeline.

Alternative - Development Schedule or Plans Change
If commercial development falls through or otherwise deviates from this tentative schedule and does not widen Riggin Ave from Shirk St to Roeben St, it is still the City’sintent to have all the SCE poles between Shirk St and Akers St relocated in coordination with the adjacent owners; the City will have this cost reimbursed through an established area of benefit that will require payment as part of development permitting process.

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File #: 23-0453 Agenda Date: 12/4/2023 Agenda #: 6.

The widening of Riggin Ave from Roeben St to Akers St will need to be reevaluated. Staff will return to City Council with alternatives for the widening of Riggin Ave between Shirk St and Akers St for Council consideration.

Bypass the Public Bidding Process:

Staff recommends selecting 4Creeks and bypassing the public bidding process to perform this work as they are the engineers of record for the commercial offsite design for Riggin Ave Shirk St to Roeben St and the engineers of record on the City CIP - Riggin Ave Widening Kelsey to Shirk project.

They are intimately familiar with the existing and proposed conditions of the adjacent developments and the City project in this area. Their background and design progress thus far will allow for seamless design transition for this widening project.

Therefore, City staff is recommending the bypassing of the public bidding process to select a consultant, because it is believed that there are cost savings associated with this option by 1) taking advantage of engineering work already completed for the area along Riggin Avenue; 2) developing efficiencies by minimizing the level of effort and avoiding overlapping work; and 3) reducing staff time and costs involved in a request for proposal process.

Other Riggin Avenue Widening Projects Status:
· Riggin Ave. - Akers St. to Demaree St.
o Design - Completed.
o Construction - Completed
· Riggin Ave. - Kelsey St. to Shirk St.
o Currently in Design
o Construction - Anticipated start late second quarter of 2024. · Riggin Ave. - Mooney Blvd. St. to Conyer St.
o Design - Completed.
o Construction - Anticipated start in first quarter of 2024.

Fiscal Impact:

See below the following summary of the current budget for the design of the project:

Riggin Avenue Widening from Roeben St to Akers St (CP0398) Design Funding Source
Measure R Regional Fund (133) $3,000,000
Transportation Impact Fee Fund (241) $3,075,000
Total Project Funding $6,075,000
Riggin Ave Widening Roeben St to Akers St Design Budget Design Consultant - 4Creeks (Base) $370,440
Optional or Fix-fee Tasks $ 99,595
Staff time Estimate (Project Management)$ 30,000
Project Design Contingency (5%) $ 25,000
Total Design Cost $525,035
Project Budget $6,075,000
Remaining funding for construction $5,549,965
The consultant fee encompasses the full development of PS&E documents that will be construction ready once completed. The base fee also includes ROW assistance and appraisal services as part of the project development. The optional tasks include CEQA compliance, Federal authorization assistance, and construction staking, these tasks may ultimately not be needed. The consultant fee, with optional tasks, is under the industry average of design fees near 10-12% of construction costs.

As such, staff believes this fee to be reasonable. Any funds remaining from the TIF fund will be returned to the fund.

Prior Council Action:

September 19, 2023 - Authorized the City Manager to execute a Measure R Supplemental Agreement with the Tulare County Transportation Authority (TCTA), and appropriate $3,000,000 from the Measure R Regional Fund (133) and $3,075,000 from the Transportation Impact Fee Fund (241) in order to fund the Riggin Avenue Widening from Roeben to Akers Project.

Alternatives:

Solicit design services through a formal RFP procurement process; likely adding 6-months to the project schedule and missing the opportunity to coordinate SCE pole relocation in tandem with the Riggin - Kelsey to Shirk and Private Development Projects.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to bypass the public bidding process and award a professional design services contract to 4Creeks, Inc., for the design of Riggin Avenue widening from Roeben St to Akers St for a not to exceed amount of $470,035.

Environmental Assessment Status:

EIR for the Carleton Acres Specific Plan includes this section of Riggin Ave- EIR has been recorded and completed - CEQA State Clearing House #2021050418
CEQA Review:

EIR certified - CEQA State Clearing House #2021050418
Attachments:

1. Location Map

2. Consultant Disclosure Form

3. COV Project Scope
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W Riggin Ave
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Location Map - Riggin Ave - Roeben St To Akers St
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Road Centerlines
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0 0.1 0.20.05 mi
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W Riggin Ave
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Location Map - Riggin Ave - Roeben St To Akers St
Esri, NASA, NGA, USGS, FEMA
Road Centerlines 2020 Aerials
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Green: Band_2
Blue: Band_3
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0 0.1 0.20.05 mi
0 0.2 0.40.1 km
1:9,028
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Form Date: 8/9/07 Page 1 of 1

CITY OF VISALIA
Disclosure Contractors and Consultants

NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name_______ __________________________________________________________________________________ Firm Address_______________________________________________________________________________________

List the names of all principals, partners, and/or trustees. For corporations provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:

_______________________ ____________________________________________ D a t e S i g n a t u r e
____________________________________________
Print Name & Title

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PROFESSIONAL SERVICES AGREEMENT
FOR

FOR THE DESIGN OF THE

RIGGIN AVENUE WIDENING PROJECT

FROM ROEBEN ST TO AKERS ST

This Agreement, entered into this __ day of _________, by and b etween the City of Visalia, hereinafter referred to as the “CITY”, and 4Creeks, Inc. hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H

WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and

WHEREAS, the CITY has the desire to secure certain technical and profess ional services to assist in the preparation and completion of the items of work described as “S cope of Work” identified in Request for Proposal, Exhibit “A” and the “Proposal for Engineering Design of the Riggin Avenue Widening Project from Roeben Street to Akers Street,” Dated October 23, 2023 submitted by CONSULTANT attached as Exhibit B “Proposal Summary”; and

WHEREAS, the CONSULTANT represents it i s licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORM ED BY THE CONSULTANT

A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, which shall be the Scope of Work for the project unless the parties agree in writing to modify the Scope of Work, for the fee identified in Exhibit “B” – under Fee Summary.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” – Consultant Schedule of Fees for Professional Services. S uch additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE

The CONSULTANT shall commence performance of this Agreement wit hin ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall co mplete the work within the timeframes outlined in Exhibit “B”, unless otherwise extended in writing by CITY, in its sole discretion.

If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of e ach work item completed and shall pay the CONSULTANT on that basis.

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CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.

III. COMPENSATION

A. Total Compensation: For servi ces performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a total fixed fee amount of Three Hundred Seventy Thousand, Four Hundred Forty Dollars ($370,440) for all base services (Tasks 1 through 11) and a total fixed fee of Eighty Three Thousand, Seven Hundred Ten ($83,710) for optional items (Task 12, 14 & 15) and for a time and mater ial fee ( optional Task 13) in the amount of Fifty Two Thousand, Eight Hundred Ten ($15,885) as shown in Exhibit “B”. This amount shall constitute complete compensa tion, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these am ounts, as authorized, will constitute complete compen sation, including document produ ction and out-of-pocket expenses, for services authorized by CITY for the PROJECT per t he Scope of Work, Project Fees, and Schedule identified in Exhibit “A” and “B”, r espectively. No other compensation is authorized by this Agreement without separate written amendment.

B. Payment of Compensation: The CONSULTANT shall be compensate d no more than monthly, based on percentage of w ork of each noted phase comple ted to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.

IV. AUTHORIZED REPRESENTATIVE

A. CITY: The Project Manager shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where appr oval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: Matthew Ainley, PE shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rend ered by it under this Agreement.

V. TERMINATION

The right to terminate this Agreement, with or without cause, m ay be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.

A. Termination By Either Party Without Cause: The CITY or CON SULTANT may terminate this Agreement at any time by g iving written notice to the othe r of such termination and specifying the effective date thereof, at least fifteen (15) da ys before the effective date of such termination.

B. Termination of Agreement for Cause: The CITY may by writte n notice to the CONSULTANT specifying the effe ctive date thereof, at least fift een (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:

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1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or

2. If the CONSULTANT fails to make progress under this Agreeme nt as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) working days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

1. In the event the CITY termi nates this Agreement with or wi thout cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaul ts of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agre ement arises out of causes beyond the control and without the fault or negligence o f the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strik es, and unusually severe weather; but in the event the failure to perform is caus ed by the default of a sub-consultant, the CONSULTANT shall not be liable for failur e to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other perf ormance requirements.

3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documen ts, data, studies, services, drawings, maps, models, photographs, reports, etc., p repared by the CONSULTANT pursuant to this Agreement.

4. Upon termination, with or without cause, CONSULTANT will b e compensated for the services satisfactorily completed to the date of terminatio n according to compensation provisions contained herein. In no event, shall t he total compensation paid CONSULTANT exceed the total compensation agre ed to herein.

5. If, after notice of termination of this Agreement, as provid ed for in this article, it is determined for any reason that the CONSULTANT was not in defaul t under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.

6. Termination of this Agreement shall not terminate any obliga tion to indemnify, to maintain and make available any records pertaining to the Agree ment, to cooperate with any audit, to be subject to offset, or to make a ny reports of pre- termination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT

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A. No officer, member, or employee of the CITY who exercises an y functions or responsibilities in the review or approval of this Agreement shall:

1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.

B. The CONSULTANT hereby covenant s that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any inter est in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSU LTANT further covenants that in the performance of this work, no person havin g any such interest shall be employed.

VII DEPARTMENT OF INDUSTRIAL RELA TIONS REQUIREMENTS, PUBLIC WOR KS

CONTRACTOR REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS

Notice is hereby given that this is a Public Works Project. All contractors and subcontractors bidding and performing work on Public Works Projects (including Consultants and Su b-Consultants who employ or subcontract workers to perform any trade that has a prevailing wage designation such as surveyor) must:

A. Register on an annual basis with the California Department o f Industrial Relations (DIR) B. Furnish electronic payroll re cords for new projects to the Labor Commissioner.

All contractors and consultants are to be registered at time of bid/proposal submittal and remain registered with the California Department of Industrial Relations (DIR) throughout the duration of this Agreement.

If a project labor agreement (the term “project labor agreement ” is defined in Public Contract Code 2500(b)(1) as a pre-hire collective bargaining agreement that e stablishes 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 co mply 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.

VIII CITY OF VISALIA LABOR COMPLIANCE MANUAL

Consultant shall comply with the City of Visalia Labor Compliance Manual which is attached to this Agreement as Exhibit “D” and available at visaliapurchasing.org.

IX NO PERSONNEL, AGENCY OR COMMISSION

The CONSULTANT warrants, by exec ution of this Agreement, that n o personnel agency has been employed or retained to solicit o r secure this contract upon an agreement or understanding for a commission, percentage, brokera ge or contingent fee, excepting bona fide established commercial or selling agencies maint ained by the CONSULTA NT for the purpose o f securing business. For breach or violation of this warranty, the CITY shall have the right to an nul this Agreement without liability or, in its 129

discretion, to deduct from this Agreement price or consideratio n, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

X. SUBCONTRACTING

A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.

B. In no event shall the CONSULTA NT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.

XI. INDEPENDENT CONTRACTOR

In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisti ng the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely respons ible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS

All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.

XIII. DOCUMENTS/DATA

A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional co pies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by C ONSULTANT pursuant to this Agreement, are not intended or represented to be suitab le for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and an y use of incomplete document s without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and a ll liability arising out of chan ges made to CONSULTANT’s deliverables under this Agreement by CITY or perso ns other than CONSULTANT is waived as against CONSULTANT, and the CITY assume s full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

B. Publication: No report, info rmation, or other data given o r prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approv al of the CITY.

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the 130

public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

C. Copyrights: The CONSULTANT shall be free to copyright mate rial developed under this Agreement with the provision t hat the CITY be given a nonexclus ive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a c opyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others t o use the material for government or public purposes.”

XIV. INDEMNIFICATION AND INSURANCE

As respects acts, errors, or omissions in the performance of se rvices, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed off icers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relat e to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

A. CITY agrees to indemnify and hold harmless CONSULTANT, its o fficers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

B. As respects all acts or omissions which do not arise directl y out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed offi cers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out o f or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performan ce or failure to perform, under the terms of this Agreement; except to the exten t those which arise out of the negligence of CITY.

C. Notwithstanding any other provision of this Agreement, and t o the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective o fficers, directors, partners, employees, contractors or subconsultants shall be lia ble to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when enterin g into this Agreement.

To the extent this Agreement is considered a “Construction Cont ract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.

D. Without limiting CITY’s right to indemnification, it is agre ed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and ma intain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insuranc e as required by California statues.

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2. Commercial general liability insurance with a combined singl e limit of not less than One Million Dollars ($1, 000,000) per occurren ce. Such insuranc e shall include coverage for Premises and Operat ions, Contractual Liability, Pe rsonal Injury Liability, Products and Completed Operations Liability, Broad F orm Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Professional liabilit y insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Suc h insurance shall include coverage for owned, hired, and non-owned automobiles an d shall be provided by a business automobile policy.

E. CITY’S Risk Manager is hereby authorized to reduce the requi rements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.

F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.

In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:

“It is agreed that any insurance maintained by the City of Visa lia shall apply in excess of and not contribute with insurance provided by this policy.”

“The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and act ivities of, or on behalf of the named insured, performed under contract with the City of Visalia.”

G. Prior to commencing any work under this Agreement, CONSULTAN T shall deliver to CITY insurance certificates confirming the existence of the insuranc e required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provi de to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the s ignatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing sai d endorsements is indeed authori zed to do so by the insurance company. CITY has the right to demand, and to receiv e within a reasonable time period, copies of any insurance policies required under this Agreement.

H. In addition to any other remedies CITY may have if CONSULTAN T fails to provide or maintain any insurance policies or policy endorsements to the e xtent and within the time herein required, CITY may, at its sole option:

1. Obtain such insurance and deduct and retain the amount of th e premiums for such insurance from any sums due under the Agreement; or

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2. Order CONSULTANT to stop work under this Agreement and/or wi thhold any payment(s) which become due to CONSULTANT hereunder until CONSU LTANT demonstrates compliance with the requirements hereof; or

3. Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain i nsurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.

XV. NON-DISCRIMINATION

CONSULTANT and all subcontractors shall not discriminate agains t any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XVI. MISCELLANEOUS PROVISIONS

A. Firearms Prohibited: Guns may not be carried by contractors/ vendors/consultants while working on City of Visalia premises without the expressed writt en 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.

B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is pres ent in connection with the PROJECT. In the event the CITY becomes aware of the presence o f asbestos or hazardous material at the jobsite, CITY shall be responsible fo r complying with all applicable federal and state rules and regulations, and shall i mmediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.

C. Successors and Assigns: This Agreement shall be binding upo n and shall inure to the benefit of any successors to or assigns of the parties.

D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

E. Dispute/Governing Law: Any dis pute not resolvable by inform al arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

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F. Notices: Notice shall be su fficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if se nt via the United States Postal Service, postage prepaid, addressed as follows:

G. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdic tion of litigation arising from this Agreement shall be in that State. Any action brought to i nterpret or enforce this Agreement, or any of the terms or conditions hereof, shall be b rought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Sect ion 394 of the California Code of Civil Procedure.

H. Integration/Modification: T his Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understand ing of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to t hose matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

I. Conflict With Law: If any part of this Agreement is found t o 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.

J. Attorney’s Fees: In the event either party commences any ac tion, 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 a ttorney’s fees and court costs incurred in the action brought thereon.

K. Construction: This Agreem ent is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.

L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.

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

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
4Creeks Inc.
324 S Santa Fe, Suite A
Visalia CA, 93292
Attention: Matthew Ainley, PE

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CITY OF VISALIA CONSULTANT

___________________________ ___________________________ City Manager

Approved as to Form

__________________________________
City Attorney

_________________________________
Risk Manager

_________________________________
Project Manager

Attachments:

Exhibit “A”: Scope of Work for Professional Design Services fo r the Riggin Avenue Widening from Roeben St to Akers St Widening Project
Exhibit “B”: Consultant Proposal/Fee Proposal
Exhibit “C”: Schedule of Fees for Professional Services

Exhibit “D”: Visalia Labor Compliance Manual, see:
https://www.visalia.city/depts/finance/purchasing/default.asp

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Exhibit “A”: Scope of Work

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CITY OF VISALIA, CALIFORNIA
Exhibit A – Scope of Work for
PROFESSIONAL DESIGN SERVICES for the

RIGGIN AVE WIDENING PROJECT ROEBEN ST TO AKERS ST

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TABLE OF CONTENTS
TITLE ............................................................................................................................ ............... PAGE NO.

I. DEFINITIONS ....................................................................................................................................... 3 II. INTRODUCTION .................................................................................................................................. 3 A. INFORMATION ................................................................................................................................. 3 B. BACKGROUND & DESCRIPTION OF PROJECT ........................................................................................... 3 C. PURPOSE, OBJECTIVE AND SERVICES TO BE PROVIDED .............................................................................. 3 III. SCOPE OF SERVICES ............................................................................................................................ 4 A. REQUIRED PRODUCT ......................................................................................................................... 4 B. SERVICES OF THE CONSULTANT ‐ PROJECT TASKS .................................................................................... 6 C. CITY RESPONSIBILITY ....................................................................................................................... 16 IV. GENERAL CONDITIONS ..................................................................................................................... 17 A. CITY OF VISALIA LABOR COMPLIANCE MANUAL .................................................................................... 17 B. PERMITS AND LICENSES.................................................................................................................... 17 C. INSURANCE ................................................................................................................................... 17 V. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE OF PROPOSAL CONTENT ......... 18 A. VENUE ......................................................................................................................................... 18 B. PROPRIETARY INFORMATION............................................................................................................. 18 C. FIREARMS PROHIBITED .................................................................................................................... 18

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DEFINITIONS
For the purposes of this scope of work, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the C ouncil of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Sub-recipient” are used interchangeably throughout sole source request to mean the person, firm, or cor poration or other entity submitting providing design services.

4. “Proposal” are used interchangeably to mean an individual’s or entity’s response to this Request for design services.

II.

INTRODUCTION

A. Information
The City of Visalia is requesting design engineering services f or the Riggin Avenue Widening Project from Roeben St to Akers St.

Consultant must comply with Stat e Regulations that apply to thi s contract, including Prevailing Wage requirements 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.

B. Background & Description of Project
Visalia is located east of State Highway 99 and along State Highway 198. The City’s population is approximately 135,000. The incorporated area covers approximately 25 square m iles. The City’s Community Development Department – Engineering Services Division is responsible for carrying out various projects in the City’s Capital Improvement Program (CIP), which includes roadway widening projects.

Riggin Avenue is a high-volume arterial that may serve as a hig h capacity six (6) lane arterial in the distance future. As development continues in this area the capacity alon g Riggin Ave between Roeben St and Akers St needs to be increased to serve the expanding commercial and residential developments.

T h i s p r o c u r e m e n t r e q u e s t i s t o h i r e 4 C r e e k s t o p e r f o r m P r e l i m i nary Engineering, Environmental Technical Studies (if needed), Subsurface Exploration, Right of Way Activ ities, Utility Relocation Coordination, Final Design, and Landscape & Irrigation Design to prepare the Plans, Specification & Estimates (PS&E) to obtain construction bids for the construction bids for the Riggin Avenue Widening Project from Roeben St to Akers St.

C. Purpose, Objective and Services to be Provided.

The City’s objectives are to construct a new aesthetically pleasing, well designed widened segment of roadway to better accommodate all transportation modes along Riggin Ave nue between Roeben St and Akers St. It is expected that the ne w roadway will address any flooding concern s and traffic safety improvements at intersections and throughout the segment.

The services to be provided by the Consultant include:
 Professional Project Management
 Preliminary Engineering
 Preliminary Right o f Way Activities
 Geometric Design Concepts & Basi s of Design (Full Depth Reclamation (FDR) considerations) 139

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 Field Exploration and Geotechnical Engineering Services  Utility Coordination
 Subsurface Explorati on (Utility potholing)
 Civil Engineering Design
 As-builts (Optional)
 Environmental Service as needed for NEPA/CEQA Compliance (Optional)  Assistance with Federal E-76 Au thorization for Construction (Optional)

The City expects that there will be effective communication and coordination between the City, the Consultant, and third parties involved to successfully complete the project . In addition, the Consultant shall be thorough in their preparation of plans, spec ifications, and estimates. This includes anticipating design conflicts, logically communicating conflicts to the City, and approaching the City with potential solutions to the conflicts.

III.

SCOPE OF SERVICES

A. Required Product
The consultant will produce a final construction package for the widening of Riggin Ave from Roeben St to Akers St, this will include but not be limited to construction plans, project specifications and construction estimates.

The final work product shall comply with the requirements of all of the following without limitation, and subsequent contract as though incorporated herein by reference:

1. State laws

2. Local laws

3. Rules and regulations of g overning utility districts

4. Rules and regulations of other authorities with jurisdiction over the procurement of products

ENVIRONMENTAL REQUIREMENTS:

Not applicable, project will reference the recorded EIR for Carleton Acres Development.

GENERAL REQUIREMENTS:

Design Requirements
The City of Visalia proposes to widen Riggin Ave from Roeben St to Akers St. Improvements related to this project include, but are not limited to the following:

1. Applicable Standards (m ost current version of):

A. NACTO Urban Bikeway Design Gu ide & NACTO Urban Street Design Guide B. AASHTO Policy on Geometric D esign of Highways and Streets C. Highway Capacity Manual or IT E publications, as applicable D. Caltrans Highway Design Manual
E. Caltrans Traffic Manual
F. California Manual on Unifor m Traffic Control Devices G. Caltrans Project Development Manual
H. Caltrans and FHWA Environ mental Guidelines and Manuals I. Caltrans Standard Plans
J. Caltrans Standard Specifications
K. Caltrans Local Assi stance Procedures Manual
L. Caltrans Local Assistance Program Guidelines
M. City of Visalia Improvement Specifications
N. City of Visalia Improvement Standards
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O. City of Visalia Encroac hment Permit Policy Manual
P. City of Visalia Landsc ape Standard Specifications

2. All pedestrian paths and facilities must comply with current State and Federal ADA accessibility standards.

3. All CAD drawings shall be devel oped in accordance with the current City of Visalia standards, with the exception that descriptions in the Layer Properties Manager description column and a description list for each layer are not required. The CADD standards can be found at the following City website:
http://www.ci.visalia.ca.us/depts/community_development/engineering/survey_cadd.asp

4. Consideration shall be given to minimize impacts to the adja cent parcels, provide acceptable movements by the design vehicles, include considerations for non-motorized users, and provide visibility sight distance analysis.

5. Pavement structural section design. Full depth Reclamation to be considered as a construction method.

6. Concrete curb & gutter

7. Driveways. Any driveways that are adjacent to the installation of sidewalks, curb & gutter, and near the pedestrian path of travel shall meet ADA requirements.

8. All new or modified curb ramps within the project limits must meet current ADA accessibility requirements and will be based off of City concept for ramp design and/or City standards.

9. Utility pole, vault, valves, s ignal poles and other facilities may require relocation and adjustment. The City will engage with SCE for pole relocation and will require coordination from consultant for design information and exhibits as needed.

10. Consultant shall include design of the water facility relocations in the PS&E package.

11. There is an existing City of Visalia Bus Route that travels near the project. Consideration will have to be taken to include design or the relocation of the bus stop, as needed.

12. Storm drainage improvements including the relocation of exi sting drain inlets and manholes may be required. Consultant shall determine where the drainage improve ments can be relocated to, establish feasible connection invert points, and ensure that the overall site drains to the City storm drain system.

Consultant shall determine size and location of drain inlets and storm mains for new and relocated inlets.

13. Sanitary sewer modifications, including the relocation of existing manholes may needed.

14. Illumination and lighting levels with special consideration given to providing visibility from a distance and visibility of key conflict areas.

15. Landscape & Irrigation while providing an aesthetically ple asing, low maintenance, cost effective, modern product.

Consultant Requirements:

The purpose of this sole source is to give the Consultant a cle ar idea of the City’s goals and objectives to complete the project. The Consultant is strongly encouraged to propose the best means and methods to accomplish these goals. The Consultant shall indicate clearly the levels of participation expected from City staff in the fulfillment of their proposal. While it is believed that the requirements set forth in this procurement request are in a logical sequence and include all elements essential fo r a comprehensive design, the consultant is to identify and include any subject or procedure which they believ e has been overlooked. They may also note requirements and items which they believe to be excessive or extraneous to the scope of an effective design.

1. The page identifying preparers of engineering reports, the title sheet for specifications and each set of plans shall bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the professional engineer(s) responsible for their preparation, hereafter referred to as ENGINEER.

2. Consultant shall promptly not ify the City Project Manager of any ideas that may yield a better design or solution to a problem, together with the supporting material for consideration.

3. Consultant has total responsi bility for the accuracy and completeness of all reports, data, plans, specifications and estimates prepared for this project and shall check all such material accordingly. The data and plans will be reviewed by the City for conformity with City and Caltrans Design Standards, the California Environmental Quality Act (CEQA), and the preliminary design work.
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4. The plans, designs, estimates , calculations, reports and other documents furnished under this Scope of services shall be of a quality acceptable to the City Project Manager. The criteria for acceptance shall be a product that is complete, clear, well organized, technically and grammatically correct, and that has been through the consultant’s quality control process. The minimum standard of appearance, organization, and contents of the drawings shall be that of similar types of products by the City of Visalia.

5. Project coordination meetings shall be held a minimum of onc e a month during the design period to review the Consultant’s work schedule, the terms of the contract, and discuss any issues or concerns.

6. Consultant shall comply with OSHA regulations regarding safety equipment and procedures, safety instructions issued by the City, and the safety provisions included in the Caltrans Survey Manual. Consultant shall provide safety training for its employees, and submit signed certification to the City of Visalia that the safety training was provided.

B. Services of the Consultant - Project Tasks

TASKS:

The following section is broken down into a number of Tasks to give the Consultant a full understanding of City expectations for services to be rendered. Consultant shall include a description of how they will approach each task in their proposal. Consultant shall format the Proposal to include each task for the project phase.

Task 1 – Project Initiation and Project Management
City of Visalia staff will serve as the Contract Administrator and Project Manager for the City of Visalia. The Consultant will not be acting in a Management role for the City of Visalia. The Prime consultant shall serve as the project manager for the prime consultant and any sub-consultants. The prime consultant shall be responsible for the consulting team’s proje ct management activities through out the life of the contract including, but not limited to the following activities:

1. Administration

2. Coordination and management of all sub-consultants

3. Managing and updating the projec t schedule in coordination with the City of Visalia

4. Scheduling meetings in coor dination with the City of Visalia

5. Project coordination meetings, one (1) bimonthly during the design period. It is expected that the Consultant’s project manager will represent the Consulting Team, attend the meeting, and bring updates for each of the disciplines. Representatives from individual ta sks may attend the m onthly coordination meeting on an as-needed basis.

6. Prepare & distribute meetin g recaps with action items.

7. Consultant will be responsibl e for timely responding to City Staff questions/correspondence within 2 working days of the request from the City.

8. Quality Control (QC): Consultant shall implement and maintai n quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones.

A. Quality Control program sha ll be in effect for the duration of the contract.

B. Consultant shall provide a QC review prior to each submittal .

C. Design and calculations sha ll be independently checked, corrected, and back-checked.

D. All items are to be cross-coor dinated between disciplines. Conflicts and misalignments shall be corrected or identified for resolution.

E. Consultant’s QC person shall sign all draft & final plans an d documents submitted to the City, in addition to the person responsible for preparing said plans and documents.

9. Prepare monthly progress r eports & invoices to the City of Visalia.

10. Consultant will be responsible for preparation and documentation for possible State or Federal Audit or Review. Consultant shall ensure that not only the prime, but that all sub-consultants maintain accurate Task files as per the Caltrans Local Assistance Procedures Manual, and are ready for a possible State Audit.

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Project Initiation
Upon issuance of the Notice to Proceed, Consultant shall schedu le a Kick-Off meeting with the City of Visalia.

Only the Consultant’s Project Manager is required to attend the Kick-Off meeting, however Consultant may invite other attendees as deemed necessary. This meeting will begin the official project initiation task, and will help to bring all the parties into a mutual understanding. The Project Initiation task includes, but is not limited to the following items:

1. Schedule & attend the Project Kick-Off meeting.

2. Prepare agenda for Project Kick-off meeting.

3. Provide the COV with a list o f designated consultant contacts

4. The consultant’s design engineer must conduct a site visit p rior to the kick-off meeting and assess the conditions involving the design of the project.

5. Develop a list of issues and questions and coordination items for the Project Kick-off meeting.

6. Consultant shall identify all necessary improvements that are needed for a complete design.

7. Review and refine project schedule in compliance with agreed upon schedule from Consultant Contract Agreement.

8. Review and discuss City and Co nsultant responsibilities, as needed to clarify any questions.

9. Review and discuss Scope and Budget as outlined in the Consultant Contract Agreement.

10. Prepare and distribute meeting minutes.

Task 2 – Topographic Survey Incorporation into Project and Right of Way Metes & Bounds The Consultant will complete a topographic survey of the overall project area. The surveys will comply with State Plane Coordinates (NAD 83, Zone CA-IV, and US Foot) and all elevations will be on the City Benchmark System.

Consultant will assume responsib ility for coordination of all i nformation to ensure that the plans are accurate.

Consultant shall rotate and adjust all data to eliminate drafting overwrites in order to provide a clear, legible set of plans. Consultant shall show topo elevation and description shots in a topographic map sheet, in the demolition sheets, the grading and drainage sheets, and the plan/profile sheets.

The Consultant to provide Right of Way acquisition support (if needed). This includes preparation of Right of Way legal descriptions and exhibits; and legal description and exhibits for utilities, drainage, slope, and temporary construction easements.

Task 3 – Geotechnical Analysis
Geotechnical investigation to be conducted and a report shall b e developed to provide Full-depth Reclamation (FDR-C) recommendations.

1. Prepare traffic control plan

2. Submit to the City for an encroachment permit

3. Notify underground service al ert (USA) in advance of work.

4. Seven (7) roadway core samples

5. Seven (7) roadway borings up to a depth of 10 to 15 feet

6. Four (4) R-values will be collected for testing.

7. Geotechnical Report.

Task 4 – Right-of-Way
This project will require partial right-of-way acquisitions. Under this phase, the Consultant will be responsible for preparing right of way estimates and appraisals, reviewing appr aisals, acquisition, and preparation of Right of Way Certification documents for approval by Caltrans.

1. Consultant shall provide an update on the Right of Way activ ities at each bimonthly Project Coordination Meeting.

2. All right of way activities must comply with the Uniform Rel ocation Assistance and Real Property Acquisition Policies Act of 1970 as amended in 1987. (The Uniform Act). 143

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3. Consultant shall communicate with all stake holders to ensur e that the firm is aware of all right of way needs, temporary construction easements, and design considerations required for the project.

4. Consultant shall review all right of way drawings, maps, rec ords, deeds, and title reports. Any conflicts or inconsistencies shall be promptly brought to the attention o f the City of Visalia with the Consultant’s recommended action. City of Visalia shall make final determination.

5. Consultant shall maintain caref ul and complete documentation of all right of way activities.

Appraisals
Consultant shall include Appraisal services for each parcel that will be impacted by the project. Appraisal services shall include, but is not limited to the following:

1. Preparation of all appraisal m aps needed to understand the property valuation.

2. Consultant will prepare the legal descriptions and plats.

3. Prepare and send out the Notice of Decision to appraise each property.

4. Inspection of each property for purposes of the appraisal.

5. Consultant shall make a recom mendation to the City of Visalia of a just compensation for each parcel

Acquisitions
Consultant shall include Acquisition services for the parcels that will be impacted by the project. The acquisition agent shall not be the same person that prepares the appraisals or the review appraiser. Consultant shall have a valid California Real Estate Broker’s license, or Salesperson’s license if supervised by a licensed Real Estate Broker. Work shall include, but is not limited to the following:

1. Using the written appraisal, prepare a written offer to the owner for the full amount of the appraisal. The written offer must contain a summary for its basis.

2. Provide the appropriate 90-d ay written notice to all lawful occupants.

3. Include payment of incidental escrow costs.

4. Maintain a written (per parcel) diary.

5. Consultant shall provide timely follow-up phone calls, lette rs, and meetings as needed to complete the partial acquisition of each parcel.

6. Consultant shall prepare miscellaneous documents such as rig ht of way agreements, deeds, rights of entry, and temporary construction easement agreements.

7. Consultant shall revise documents as needed due to title cha nges or appraisal revisions.

8. All activities must preserve the City’s right to pursue righ t of way through the condemnation process, if needed.

Task 5: Right-of-way Support
Upon review of the subject improvements there may be additional title reports needed to confirm existing right of ways/easements along the roadway.

1. Provide legal descr iptions and research

2. Provide right of way staking

3. Draft preliminary title reports (PTRs)

Task 6 – Construction Plans, Specifications & Cost Estimates Under this task the Consultant shall perform all services necessary to design the improvements and prepare the plans, specifications, and estimates in accordance with City of Visalia Standards, Caltrans Standards, and other applicable design guidelines to achieve the project goals and o bjectives. The Consultant shall examine and present any project alternative s that will help meet the projec t goals within the construction budget. The Consultant shall also continue to coordinate with utility companies as needed. The City expects the Consultant to submit a basis for design layout ahead of the formal complete set of Contract Documents to the City for review at the 30%, 60%, 90%, and 100% stages as indicated in the Deliverables below. This task shall include but not be limited to the following services:

1. Consultant shall provide an update of the civil engineering design at each Project Coordination Meeting.

2. The entire plan set must be designed to conform to all curre nt State and Federal regulations and be in accordance with the City of Visalia Standard Plans and Specifications. 144

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3. Consultant shall schedule any and all needed meetings, site visits, take notes, and work with the City of Visalia to prepare a complete, buildable set of Plans, Specifications, and Estimates (PS&E).

4. A submittal review meeting will be required after each of th e first three (3) milestone PS&E submittals (30%, 60%, and 90%). These meetings must be attended by the City of Visalia, and at a minimum, the prime consultant’s project manager. Other representatives from the consultant’s team may attend the meeting at the prime consultant’s discretion, or if a specific sub consultant’s attendance is requested by the City of Visalia.

5. Consultant shall incorporat e and include mitigation measures presented as commitments in the environmental documents into the appropriate contract documents, plans, specifications, and estimates.

6. Consultant shall design the improvements to stay within the existing City’s right of way, or right of way identified to be obtained.

7. It is anticipated that design plans shall include, but not be limited to:

A. topographic survey with boundary control plans,
B. demolition, grading, draina ge, general design layout plans, street & pipe profiles, vertical curves (if needed), trail cross sections with pavement design, curb ramp layout and design, signage & striping, detail sheets, utility coordination, electrical plans, trail lighting plans, and any pertinent items needed for the trail reconstruction and/or street improvements.

C. Improvements to private property as needed: Design may inclu de, but is not limited to demolition, curb, gutter, walkways, concrete, asphalt and dirt transitions, landscape, irrigation, adjustment to onsite drain inlets, adjustment to fences and gat e relocations, and signage.

Consultant shall include preparation of the preliminary site layout for each impacted parcel. This site layout will be used to help prepare the Appraisals for eac h parcel if needed and may be included in the offer to purchase, if recommended by the Appraiser.

8. The topographic survey shall be shown faded in the backgroun d of all improvement plans. All utility infrastructures should be shown faded in the background on the design plan sheets. Existing grades should be shown faded in the background on all sheets with any design grades on them. The existing grade text should be legible on a full-size plan set and a 50% reduced size set.

9. The plans must call out a Project Benchmark.

10. Where underground piping is constructed, plan and profile v iews of the piping shall be shown on the same drawing.

11. All drawing page numbers shall be consecutively listed, example 1, 2, 3 etc.

12. All plan text shall be readable when the plans are reduced to 50% of their original size.

13. All plans shall have the same north arrow orientation.

14. Any City or Caltrans standard plans referenced shall be inc luded on the detail sheets in the plans.

Consultant shall check the City and Caltrans websites prior to each progress submittal for review to ensure that any updates to the standard plans are reflected in the design.

15. Ramp and curb ramp design shall comply with current State, Federal, and City ADA accessibility requirements. Consultant shall set grades at each ramp to clearly show compliance with ADA accessible requirements.

16. Pedestrian path and facilities shall comply with current St ate, Federal, and City ADA accessibility requirements regarding slopes and minimum clearances.

17. Consultant shall set pavement grades along the trail as needed to establish finish pavement elevation.

18. Vertical curves shall be provided, if needed.

19. Consultant shall prepare a hydraulic analysis to develop pe ak flows for the purposes of sizing new and relocated drainage facilities in the project area. The analyses will include an evaluation of the watershed area delineation, precipitation data, runoff coefficient selection, time of concentration development, and peak flow calculations.

20. Consultant shall include design of the water facility reloc ations in the PS&E package, such as double detection check valves and reduced pressure (RP) detectors, as needed due to project.

21. Complete all improvement plans and construction details for City review and comment.

22. Civil Engineering plans shall show and be based on stationi ng along centerline of the trail. The plans shall include, but not be limited to, the following sheets:

A. Cover Sheet – Shall include general notes, legend abbreviati ons, project title, Federal Project Number, City Project Number, project benchmark used and its loc ation, sheet index, overall 145

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project map with sheet limits shown, vicinity map, utility company contacts, applicable permits, professional seal, certificate num ber, registration classificat ion, expiration date of certificate, signature of the professional engineer(s) responsible for their preparation, and other items as determined by the City.

B. Topographic Survey – The survey plans shall show all existin g topographic survey information and all text shall be legible, plan readable, and at the approp riate scale (Plan scale will most likely be 1” = 40’ to be determined by Consultant and approved by the City). Plans shall show all boundary and survey control information.

C. Demolition Plans – Show existing features or objects to be r emoved. These sheets will show existing topographic survey information and all text shall be l egible, plan readable, and at the appropriate scale (Plan scale will most likely be 1” = 40’ to b e determined by Consultant and approved by the City).

D. Civil Plan Drawings – These drawings shall show all proposed improvements (Plan scale will most likely be 1” = 40’ horizontal. Some areas may require larger scales to show the appropriate amount of detail required for construction, scales to be determined by Consultant and approved by City). The existing topographic survey information shall be faded in the background of the plans and shall be readable. Civil Plan Drawings shall include, but not be limited to, the following items:
 Stationing, offsets, invert elevations for all proposed manhol es, storm and sewer structures, stubs, pipes, concrete improvements, etc.
 Pipe type, size, slope, and segment length.
 Profiles of all proposed and existing pipelines and structures . Profiles shall be on the same sheet as plan views.
 Boring log locations and potholing information shall be shown on the plans.  Removal and replacement information for all affected improveme nts.  Consultant shall show the name, address, and APN of all proper ties adjacent to the project on the plans.
 Improvement plans to include the full width of the road, curb returns with ADA ramps, and transitions to adjacent property.
 Elevations of all new improvements.
 Typical cross sections as approp riate, or as approved by the City of Visalia.  The grading “match line” is to be shown in fill and cut areas, with match grades and slopes.
 Locations of utilities to be relocated.
 Hatching patterns shall pro perly define construction.  Dimensions, where necessary.
 Construction keynotes to direct construction activities on sam e sheet.  All sheet match lines shall hav e station and sheet references listed.

E. Drainage Plans – Consultant shall develop trail drainage pla n. Drainage plan sheets shall show drainage systems design and shall include inlet locations with station/offset, pipe layouts, and size. These plans can be included with the civil plans or profile sheets.

F. Utility Plans – Con sultant shall prepare utility plans for inclusion in the final PS&E package for construction bidding. Relocation and adjustment data received f rom the utility companies will be shown on the utility plans.

G. Temporary Erosion Control Plan – Consultant shall include a plan outlining measures and practices to be taken to inhibit the dislodging and transporting of soil particles by water or wind.

The design shall incorporate regionally acceptable erosion control methods to be implemented during the construction phase. Permanent erosion control measur es can be incorporated into the Landscape & Irrigation Design Task.

H. Lighting Plans – Lighting Plans shall include layout and loc ation of lights, pole schedules, conduit schedule, modification and integration to existing elec trical systems, construction notes, general notes, and all details necessary for construction. Plans shall be at a scale of 1” = 40’, or as approved by the City of Visalia.
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I. Signage, Striping and Marking Plans – Consultant shall compl ete the Signage, Striping, and Marking Plan which clearly identifies which signs and markings are to be removed, reused, or added. The plan shall be set up in compliance with the most cur rently adopted edition of the California Manual on Uniform Traffic Control Devices and the Ca ltrans Standard Plans and Specifications. Consultant shall clearly show dimensions, layouts, and distances of all striping, markings, and signage. A quantities table shall be included.

J. Civil Detail Sheets – These sheets shall include details dee med necessary to adequately direct construction activities. All details referenced on the plans shall be included on the detail sheets.

All curb accessibility ramps shall be individually detailed at 1” = 5’ with vertical and horizontal dimensions. Consultant shall set grades at all ramps. Grades and dimensions shall comply with current state and federal ADA accessibility requirements. Consu ltant shall also set grades for any retaining curbs. Cross sections are required for each ramp. Call-outs for grooves and concrete surface requirements shall be included as well. A sepa rate curb ramp detail may be needed to clearly show all call-outs without overlap of leaders . All details referenced on the plans shall be included on the detail sheets.

23. The civil engineering design plan set shall provide suffici ent detail to adequately direct all construction activities. After the plans are completed, the Consultant will be responsible for providing the City with all of the electronic CAD files and other associated files.

24. Specifications: The City will provide the Consultant with t he standard template specifications. The Consultant will be responsible for coordinating with City staff, and updating the template, as needed for the specific project. At a minimum, the Consultant is expected to provide the project specific language for the following portions:

A. Special Provisions for the Project.
 Specialty technical language t hat is not covered by the City Standard Specifications.  Language related to utility coordination.
 Language relating to project specific work hours, traffic cont rol, or other miscellaneous restrictions.
 Consultant shall refrain from calling out proprietary products and processes in the specifications, in accordance with Federal requirements.  Bid Item Descriptions for each bid item.
 The Bid Item Schedule for the Project.
 State Required Contract Language, certificates, and disclosure s

25. Engineer’s Estimate of Probable Construction Cost
A. The cost estimate will be used to develop the bid schedule f or competitive bidding. The cost estimate must include but is not limited to: a description of t he items of work, unit amounts, quantities, unit prices, amounts, subtotals, contingencies, and a grand total.

B. Consultant shall clearly iden tify any Non-Participating Work in the Cost Estimate.

C. Consultant shall include “Quantities” layers in the CAD file s to be submitted to the City of Visalia at the end of the project. There shall be sufficient line work included in the Quantities layers to clearly convey to City staff how the various quantities used in the bid schedule were obtained.

This line work and Quantities layers will be used during the construction phase of the project to check quantities by the City’s Construction Manager.

26. Final Design: Consultant may not commence final design activities until authorized by the City of Visalia.

Final design activities include those that would prematurely co mmit to one alternative at a time when other alternatives, including the alternative of taking no action, are still being actively considered in the environmental process.

Task 7: Traffic Signal Design
Under this task the Consultant shall perform all services neces sary to design the traffic signal. Intersections to be fully actuated with eight-phase operation (Protected left-tu rns). This task will include the following design considerations:

1. Signal phase diagram development

2. Controller assembly including battery backup system

3. Service equipment enclosure
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4. Signal standards

5. Vehicle and pedestrian sig nal heads (LED indicators)

6. Video detection system (Vehi cle and Bicycle detection)

7. Intersection safety lighting

8. Emergency vehicle preemption equipment

9. Conduits and conductors/cables

10. Equipment schedule

11. Conduit schedule

12. General and construction notes

13. Special details, as needed

Task 8 – Utility Research & Coordination
The Consultant shall work with the utilities to provide a complete set of plans for construction bidding. This task shall include but not be limited to the following:

1. Consultant shall provide an update of the utility coordination at each monthly Project Coordination Meeting.

2. The Consultant shall coordi nate with utilities and obtain necessary plats and record drawings to identify any potential conflicts.

3. Consultant shall schedule any and all needed meetings, site visits, take notes, and work with the utility company and the City of Visalia to help in the identification of utility conflicts.

4. Consultant shall add the utility information received to the project base map and coordinate it with the topographic survey map.

5. Consultant shall create conflict maps for each impacted faci lity.

6. Conflicts shall be clearly id entified, and the plans shall be to a scale that easily shows the conflicts.

Details with “blow ups” of areas where several utilities are located at one location shall be included in the conflict resolution plans.

7. Consultant shall use the in formation obtained from the design potholing to clarify any information that is not clear and to update the utility base file.

8. Consultant shall assist the City of Visalia to prepare a lia bility determination to determine whether the City is legally liable for any portion or all of the relocations.

9. Consultant shall send correspondence and hold follow-up meet ings with the utility companies as needed to coordinate and determine how each conflict will be addressed.

10. After a solution for each conflict has been developed, the Consultant shall prepare utility plans for inclusion in the final PS&E package for construction bidding. R elocation and adjustment data received from the utility companies will be shown on the utility plans.

11. Consultant shall prepare the Right of Way Utility Clearance Memo for approval by the City of Visalia and Caltrans.

12. The City prefers to have a ffected utilities relocate their facilities prior to the s tart of construction.

Consultant shall coordinate with utility companies well in adva nce to determine which conflicts can be addressed prior to the start of construction of the City’s project.

Task 9: Street light design & Fiber interconnect Design Lighting & Fiber Plans – Lighting Plans shall include layout an d location of lights, pole schedules, conduit schedule, modification and integration to existing electrical systems, construction notes, general notes, and all details necessary for construction. Plans shall be at a scale o f 1”=20’, or as approved by the City of Visalia.

Consultant shall prepare a lighting analysis to ensure that the appropriate level of lighting is provided at common conflict points along the str eet. In addition, the analysis and plan shall include lighting of pedestrian sidewalks and the trail within the project limits.

Task 10 – Landscape and Irrigation Construction Documents Under this task, the Consultant will be responsible for the des ign of the landscape and irrigation of all publicly
owned areas within the project area.

1. Overall Project:
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A. Consultant shall provide an update of the landscape and irri gation design at each monthly Project Coordination Meeting.

B. All components considered for inclusion in the project shoul d be durable, easy to maintain, budget friendly, and tamper resistant.

C. The overall layout shall also include spaces for maintenance vehicles to access the area.

D. All landscape and irrigation elements shall be thoroughly co ordinated with the civil engineering design to eliminate all design conflicts and ensure a smooth project.

2. Landscape & Irrigation:

A. The Design shall incorporate drought tolerant native plants and water saving measures.

B. Invasive species shall not be specified for this federally f unded project. Consultant shall demonstrate to the City of Visalia that the proposed plan does not include the installation of any invasive species identified by the State of California for this area.

C. Erosion: Landscape design shall mitigate and inhibit the dis lodging and transporting of soil particles by water or wind.

D. Consultant is encouraged to bring forward recommendations on methods to incorporate green storm water infrastructure into the design. These recommendatio ns should be presented early in the design process for consideration. Recommendations shall be thoroughly reviewed with the design Engineer prior to presentation to the City for consi deration. Design Engineer shall provide confirmation of the over all benefits of the approach, a nd clarify any permitting requirements related to the installation of the green storm water infrastructure. Recommendation shall include possible maintenance requirements and expected im pacts to the construction budget.

E. The landscape and irrigation plans and specifications shall be incorporated into the overall PS&E for the Project. Consulting team shall ensure that all she ets are coordinated across disciplines.

F. Landscaping shall be in compliance with landscaping limitati ons established by Section 400 of the Caltrans Highway Design Manual, current edition. Vehicular line of site shall be maintained after completion of the project. Consultant shall give consideration to the future growth of selected plants and shrubs.

G. The landscape & irrigation portions of the package shall include at a minimum, but not be limited to, the following sheets:
 Landscape Planting Plan
 Landscape Irrigation Plan
 Plant List (species, sizes, quantities)
 Irrigation List
 Construction Details
 Landscape Specifications
H. Consultant to provide limits and layout of L&LD assessment d istricts for surrounding development projects where applicable.

3. Cost Estimate: Consultant sha ll prepare a detailed estimate that includes, but is not limited to: a description of the items of work, unit amounts, quantities, unit prices, amounts, subtotals, contingencies, and a grand total. This estimate will be incorporated into the overall estimate, and will be used to develop the Project Bid Schedule.

Task 11 – Potholing
Consultant shall oversee potholing operations as part of the pr oject design to evaluate potential conflicts and find conflict resolution during design rather than construction. Service may require the following but not be limited to:

1. Non-destructive hydrovac excavation services to visually ver ify and document the location and depth of thirteen (13) existing underground utilities.

2. Provide water, traffic control plans, traffic control plans, traffic control setup and tear down, visual verification of utility, sawcut and breakout of surface materia l, backfill and compaction, HMA restoral where needed, and disposition location.
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3. Pothole report documentation.

4. Approximately seven (7) pot hole locations will be within the existing asphalt, and will require flagging for verification, and a return trip for HMA restoral.

Task 12 – Akers St. Protected Intersection Design (Optional)

To complete this task, the following items will be required:

1. Traffic Analysis:
a. Perform vehicle turning movement analysis at each turning mo vement at the intersection of Akers St and Riggin Ave
i. Vehicles that will be utilized i n this analysis will include: CA Legal-65 Semi-truck (65ft), City Standard Ladder Fire Truck (48ft), City Trash Truck, City Bus, City Standard Bus (40ft), and passenger vehicles.
b. Prepare and submit “Turn-tem plate Exhibits” to the City for Review and coordination. c. Perform a corner sight distance analysis at the intersection of Akers Street and Riggin Avenue in order to address potential vehicle and pedestrian/bicyclist conflicts. i. The corner sight distance analysis will be performed for eac h vehicle turning movement through the intersection.
ii. The corner sight distance analysis will address any potenti al conflicts due to vertical obstructions that may be adjacent to the intersection.
iii. Review for possible adjustm ents to the stop limit lines for traffic at each leg of the Akers Street and Riggin Avenue intersection and determine the allowab le setback from the intersection.
d. One(1) meeting to review and di scuss the results of the traffic analysis.

2. Civil Engineering Updates:
a. Upon completion of the sight distance analysis that will be performed above, the following improvements will be incorporated into the construction plans:
i. Protective median “corner islands” will be added at the corn ers of the intersection at Akers Street and Riggin Avenue. The protective “corner islands ” will be designed to allow for vehicle turn movements as well as provide protected access to the crosswalks for pedestrians and bicyclists.
b. Add Class 4 bike lanes through the Akers Street and Riggin Ave intersection. c. Design of new ADA curb return s located at each corner of the Riggin Avenue and Akers Street intersection to accommodate pedestrian and bicycle traffic. d. One (1) meeting to discuss re visions to the final civil engineering design updates. e. Revise construction document s per City’s comments and prepare the final bid documents.

Task 13 – Bidding & Construction Assistance (Optional)

To complete this task, the following items will be required:

1. Civil Biddings & Construction
a. Assist the City with biddin g questions and issuing addendums b. Provide consultation and inte rpretation of the construction documents at the City’s request c. Assist the City in responding to RFI’s submitted during construction d. Attend preconstruction meet ing at the request of the City e. Furnish revised drawings/details to facilitate construction activities/field changes f. Assist the City with review ing construction change orders

2. Utility Construction:
a. Coordinate with utility companies to ensure critical paths f or design and construction schedules are maintained.
b. Work with developers trenchi ng agent throughout the dry util ity installation and heat-up phase.
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c. Coordinate and attend joint utility meeting for the Client, this meeting to be attended by all utility company representatives, trenching agent, and others as directed by the client. d. Assist with the receipt of a ll utility company contracts and invoices on behalf of the developer.

Follow-up with developer to ensure all applications and payment s are in place prior to heat-up date.

3. Landscape Bidding & Construction:
a. Provide clarifications and addenda as needed during the bidding phase of the project. b. Provide review and analysis of the bids for input into contr actor selection with regards to the landscape design.
c. Provide RFI responses for the purpose of clarification and i nterpretation of the landscape construction documents.
d. Provide issuance of bulletins for the purpose of providing t he contractor with information related to clarification, documentation of field changes, detail changes, and contractor changes. e. Provide review and approval fo r all landscape and irrigation submittals.

4. Landscape Observation:
a. Schedule and attend a pre-construction meeting for the purpo se of outlining the responsibilities of the contractor and to verify the standards and quality of wo rkmanship for the project landscape design.
b. Attend one (1) site observation to review installation of th e planting soils plan prior to the beginning of the irrigation systems installation.
c. Attend one (1) site observation to review the layout and ins tallation of the irrigation system including mainlines, sleeving, and electrical conduit.
d. Attend one (1) site observation to review the layout and ins tallation of the irrigation system including valve manifolds, lateral lines, and emitters. e. Attend one (1) site observation to review the layout and ins tallation of the irrigation system including sensor installation, controller configuration, and systems operation. f. Attend one (1) site observation to review the layout and ins tallation plant material prior to mulching.
g. Attend a final construction review for the purpose of accept ing the installation and starting the 1-year maintenance period.
h. Provide one (1) final maintenance review for the purpose of verifying the compliance with landscape design plans and specifications and accepting the project on behalf of the City.

Task 14 – Construction Staking (Optional)

Consultant shall provide construction staking services for the project, this will include various staking tasks based on approved civil improvement plans. To complete this task, the following items will be required:

1. Perform field surveying/const ruction staking services to include: (1 field trip per item-additional trips or trips broken into phases will be billed separately in accordance with submitted schedule of fees.) a. Rough grade staking (includes roadway)
b. Sanitary sewer staking (incl uding manholes, services/laterals) c. Storm drain staking (includi ng manholes, inlets, and pipeline @ 100’ sta) d. Water/fire staking (Hydr ant locations-as necessary) e. Dry utility staking (includi ng crossings, vaults and boxes, lights, and signals) f. Curb and gutter staking
g. Roadway pavement/pave out staking
h. Traffic signal staking
i. Cut sheets to be provided

Task 15 – As-built Plans (Optional)
The project contractor shall maintain a set of marked up construction as-built plans throughout the construction of the project. As a option to the City the consultant shall t ake the final marked up plan set from the contractor and make the necessary edits to the design plans to produce a final As-built plan set for City records. 151

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Deliverables:

30% Submittal 60% Submittal 90% Submittal 100% Submittal Full Sized Plans Electronic
Submittal
Electronic
Submittal
Electronic
Submittal
Electronic
Submittal

Complete Cost Estimates 1 copy 1 copy 1 copy 1 copy

Electronic Design
Calculations
1 1 1 1
Electronic copies of
Specifications in MS
Word format and Plans in
2020 Civil3D CAD
1 1 1 1
Return City’s Red-Line
comments
1 1 1
Consultant Response to
Comments & Tracking
1 1 1
Provide a copy of the
Consultant’s internal
QA/QC review
1 1 1 1

Consultant to provide six (6) hard copies of final signed and approved construction plans for distribution among City staff and contractor.

C. City Responsibility

1. Compensate the Consultant as provided in the contract agreement.

2. Provide a “City Representativ e”, who will represent the City and who will work with the Consultant in carrying out the provisions of the project scope. The Consultan t shall communicate with the City representative who will provide the following services:

 Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
 Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work.  Review and process invoices submitted by Consultant.  Provide Consultant with maps and other documentation, if available and necessary for completion of Consultant’s work.
 Act as coordinator between Con sultant, other City representatives, and other parties.  Provide available City record im provement drawings as necessary for design.  Provide standard template of “specifications”.
 Provide City GIS data upon consultant request and completion o f disclaimer form.

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IV.

GENERAL CONDITIONS

A. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirem ents of Department of Industri al Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into this project scope and subsequent contract by reference and available at the following website. Executed contract will include a hard copy of this document. https://www.visalia.city/depts/finance/purchasing/default.asp.

B. Permits and Licenses

1. Business Tax Certificate
Consultant shall be required to possess, at his/her own expense , a valid and current City of Visalia Business Tax Certificate, prior to commencing work. Fee is base d on gross receipts for all business transactions in the City of Visalia. For additional information , contact the City of Visalia at (559) 713- 4326.

2. Professional License
Consultant is to be licensed in accordance with the California Business and Professions Code and is to possess current professional registration and be licensed to perform work in the State of California

C. Insurance

Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, employe es, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, lia bility or consequential damages arising directly out of CONSULTANT’s negligent act s, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all loss es, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmle ss CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and aga inst any and all claims, demands, defense costs, liability, or consequential damages of any kind or natur e arising out of or in connection with CONSULTANT’s (or CONSULTANT’s sub-consultants, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.

Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the te rm of this Agreement, insurance coverage as follows:

 Workers’ Compensation insuranc e as required by California statutes.

 Commercial general liability in surance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include cove rage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

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 Comprehensive Automobile Liab ility coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non- owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause:

“This insurance shall not be canceled, limited in scope or cove rage, 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, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”

In addition, the Commercial gene ral liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:

“It is agreed that any insurance maintained by the City of Visa lia shall apply in excess of and not contribute with insurance provided by this policy.”

“The City of Visalia, its officers, agents, employees, represen tatives 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.”

The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should contrac tor cease to have insurance as required during any time, all work by contractor pursuant to this agreement shall cease until insurance acceptable to the City is provided.

EXAMINATION OF CONTRACT REQUIREMENTS AND

ACCEPTANCE OF PROPOSAL CONTENT

A. Venue
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue fo r any litigation arising out o f the contract will be vest ed in Tulare County, California.

B. Proprietary Information
The proposals received shall bec ome the property of the City of Visalia and are subject to public disclosure.

Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a prop osal which are defined by the p roposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Pr oposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

C. 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. 154

Exhibit “B”: Consultant Proposal/Fee Proposal

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October 23, 2023

Mr. Frank Senteno
City Engineer
City of Visalia | Community Development / Engineering
315 E. Acequia Avenue
Visalia, CA 93291

Subject: Proposal for Engineering Design of the Riggin Avenue Widening Project from Roeben Street to Akers Street

Dear Mr. Senteno,

We have prepared a scope and fee for the services required to complete the proposed project design to widen Riggin Avenue from a two-lane roadway to a four-lane roadway from Roeben Street to Akers Street. We understand that much of the design for the widening has been completed through various developments and City projects. We understand that we will be compiling the existing design information with the remaining needed design information into one set of plans and bid documents that will be bid and built as a City capital improvement project.

Our understanding is that the scope of work will generally include the following improvements:

1) Gather existing designed improvements and consolidate as needed for bid package. 2) Construction Documents shall identify existing improvements, improvements to be built by others, and improvements to be constructed by the City’s capital improvement project.
3) Design remaining segments of center median
4) Design turning pockets that have not been constructed or designed. 5) Design pavement improvements that have not been constructed or designed. After the Geotech borings are completed, we will determine if using a normal street section with reclaimed AB is more beneficial for the project or if an FDR replacement type street section should be used. Our understanding is that street replacement will continue up the side streets to the curb returns of the new ramps. The existing asphalt will be removed from the streets.
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6) Design frontage improvements (curb & gutter, sidewalk, landscaping, and driveways) as needed.
7) Striping & signage for full-width configuration
8) Design of drainage improvements (DI’s, laterals, and crossings) that have not yet been designed
9) Design of storm drainage main and manholes that have not yet been designed 10) Design of street lighting and electrical components (along median and behind curb & gutter)
11) Design of traffic signal at Roeben intersection
12) Design of protected intersection at Roeben intersection 13) Signal interconnect conduit along Riggin Avenue (3” conduit with pull-boxes @ 500ft). 14) Design of additional bus turnout (optional)
15) Design of median landscaping and irrigation
16) Design of protected intersection at Akers Street intersection (optional) 17) Construction assistance (optional)

The following pages will provide a breakdown of the tasks needed to complete this project.

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SCOPE OF WORK
TASK 1: PROJECT INITIATION & PROJECT MANAGEMENT
All CAD drawings shall be developed in accordance with City of Visalia standards which can be found on the City website:
http://www.ci.visalia.ca.us/depts/community_development/engineering/survey_cadd.asp , with the exception that descriptions in the Layer Properties Manager description column and a description list for each layer are not required. Additionally, CAD drawings shall be on 2023 Autodesk version.
a) Project management and coordination services for the project b) Internal Quality Control reviews (30%, 60%, 90%, 100% submittals) c) Provide the COV with a list of designated consultant contacts (included as Attachment A).
d) Conduct a site visit prior to the kick-off meeting and assess the conditions involving the design of the project.
e) Develop a list of issues and questions and coordination items for the project kick -off meeting.
f) Identify all necessary improvements that are needed for a complete design. g) Prepare and submit an initial project schedule.
h) Define City and Consultant responsibilities.
i) Review and discuss scope and budget.
j) Schedule and lead project kick-off meeting.
k) This task assumes up to six (6) project meetings to be held virtually and/or in-person.

Please note additional meetings have been identified and included in other tasks. 4Creeks will be available to attend additional in-person or virtual meetings, as needed and approved by the City, on a time and materials basis. l) Prepare and distribute meeting minutes and action items.

The above-described Task 1 services will be provided for a Fixed Fee of $19,730.

TASK 2: TOPOGRAPHIC SURVEY
4Creeks will obtain topographic information necessary for designing the roadway widening. 4Creeks will complete the topographic field survey which shall include, but not be limited to, the following:
1) Detailed topography of existing properties along the frontage of Riggin Avenue from Roeben Street to Akers Street.
2) Detailed topography of the intersection of Riggin Avenue and Akers Street, as needed for the traffic signal modification and tying into existing conditions. 3) Detailed topography of existing conditions for approximately 500-ft of each leg at every intersection along the proposed project limits.
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4) Existing observable improvements outside of the right-of-way or directly adjacent thereto that may be affected by the project.
5) Paved/parking areas.
6) Tie into City of Visalia benchmark system.
7) Tie in adjacent centerline or property line monuments for baseline control of site and rotate as necessary.
8) 4Creeks will then prepare the topographic survey map. Property boundaries will be prepared based on record data and field monumentation.
9) Any title or agency documentation shall be provided by the City and/or their agents.

The above-described Task 2 services shall be provided for a Fixed Fee of $14,520.

TASK 3: GEOTECHNICAL ANALYSIS (KRAZAN)
The geotechnical investigation and report shall include the following:
1) Prepare traffic control plan.
2) Submit to the City for encroachment permit.
3) Notify Underground Service Alert (USA) in advance of work. 4) Seven (7) roadway core samples.
5) Seven (7) roadway borings up to a depth of 10 to 15 feet. 6) Four (4) R-values will be collected for testing.
7) Geotech Report
a) Perform geotechnical investigation of project site and provide soils report along with recommendations for flexible pavement with FDR-C.

The above-described Task 3 services shall be provided for a Fixed Fee of $15,525.

TASK 4: RIGHT-OF-WAY ACQUISITION (BRI)
For this project we have proposed to have Bender Rosenthal Incorporated (BRI) perform the right of way acquisition services for this project. 4Creeks has teamed with BRI on many projects with successful results. It is our understanding that this project wi ll impact up to five (5) parcels:

APN 077-100-097
APN 077-100-105
APN 077-100-108
APN 077-490-001
APN 077-490-018

As part of this work BRI will perform the following tasks:

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Task 4a: Project Management
1) Provide status updates, attend meetings, and make recommendations on right of way issues.
2) Deliverables: bi-weekly updates, attend six (6) teleconferences

Task 4b: Appraisal Services
1) Develop up to five (5) complete appraisals of the estimated fair market value of the property rights to be acquired.
a) Send notice of decision to appraise with appraisal map or plat and legals attached.
b) Contact each property owner and invite them to accompany the appraiser on the property inspection.
c) Research subject larger parcels and analyze market.
d) Confirm market sales and view for each comparable property. e) Conclude with fair market value.
f) Write a narrative Appraisal Report as defined by the Uniform Standards of Professional Appraisal Practice (USPAP).
g) Reports will comply with USPAP, Caltrans and applicable laws, including the California Code of Civil Procedure and the Uniform Relocation Assistance and Real Property Acquisition Policies.
h) Deliverables: Up to five (5) Appraisal Reports that meet all State and Federal Standards. Up to two (2) printed and bound copies will be provided upon request. i) Assumptions: Appraisal Mapping, Plat Maps, and Legal Descriptions for the properties to be appraised will be provided to BRI by others.

Task 4c – Appraisal Review Services
1) BRI will perform Independent Appraisal Reviews. Upon completion of the review, the appraisal and a USPAP Standard 3 and 4 compliant review reports will be provided and forwarded to the City for approval of Just Compensation. 2) Deliverables: Up to five (5) Appraisal Review Certificates

Task 4d: Acquisition Services
1) Develop the contract and conveyance documents necessary to make the offer and acquire the necessary rights. Each offer package will be reviewed internally for quality measures.
2) Provide the appropriate 90-day written notice to all lawful occupants. 3) Meet with the owners and convey documents until acceptance or impasse is reached.

BRI will contact or attempt to contact each property owner at least six times within the first sixty (60) days of approval to proceed and will make additional contacts by phone, email, or through the postal service.
4) Prepare a final file for each parcel, ensuring that it has been quality checked and meets State and Federal reporting requirements.
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5) Deliverables: Acquisition of up to five (5) permanent easements, maintain a written diary of correspondence and tasks, submit files on each negotiation, acquisition, and project settlement.

Task 4e – Title and Escrow Services
1) Deliver documents and checks to escrow company, review title and escrow documents, and apply extensive acquisition experience so that the project acquires good title and property rights necessary for the completion of the project. 2) Coordinate escrow closings and file all applicable forms and documents with the County Assessor’s office if needed.
3) Deliverables: Facilitate Title and Escrow support as outlined above for up to five (5) parcels.

*Eminent Domain assistance has not been included in this proposal. If this becomes necessary BRI can provide a change order fee for this work at a later date.

The above-described Task 4 services shall be provided for a Fixed Fee of $82,570.

TASK 5: RIGHT-OF-WAY SUPPORT
Our understanding is that there should only be up to five (5) right-of-way acquisition locations. The City of Visalia will be responsible for obtaining up to five (5) preliminary title reports for these parcels. Upon review of the subject improvements there may be additional title reports needed to confirm existing right of ways/easements along the roadway. We have assumed that approximately 5 additional Preliminary Title Reports could be needed along this stretch of roadway, and these are included in our fee estimate. 1) Provide legal descriptions and research.
2) Provide right of way staking.
3) Draft Preliminary Title Reports (PTRs).

The above-described Task 5 services shall be provided on a Time and Materials Basis for an estimated fee of $11,380.

TASK 6: CONSTRUCTION PLANS, SPECIFICATIONS, & COST ESTIMATES Under this task the 4Creeks Team shall perform all services necessary to complete the civil engineering design of the project in accordance with the goals and objectives stated in this proposal. The 4Creeks Team shall also continue to coordinate with utility companies as needed for design. The City expects the 4Creeks Team to submit a complete set of Contract Documents to the City for review at the 30%, 60%, 90%, and 100% stages as indicated in the Deliverables Table. This task shall include the following services:
1) Prepare exhibits of basis of design for the roadway widening and protected intersections ahead of the formal contract document submittal stages. 161

2) The entire plan set must be designed to conform to all current regulations and be in accordance with all City of Visalia Standard plans and specifications. 3) It is anticipated that design shall include, but not be limited to, topographic survey with boundary control plans, demolition, grading, general design layout plans, street lighting plans, fiber optic interconnect plans, drainage, street cross sections wit h pavement design, striping & signage, traffic signal, and detail sheets. 4) The topographic survey shall be shown faded in the background of all improvement plans.
5) Where underground piping is constructed, plan and profile views of the piping shall be shown on the same drawing. We will provide profiles on the street improvement design sheets, but profiles will not be included on street light and fiber optic interconn ect plan sheets.
6) Drawing page numbers will vary by discipline (C1 for Civil, L1 for Landscape and so on) but there will be an overall sheet count in the border that consecutively shows all drawing page numbers 1, 2, 3 etc.
7) All plan text shall be readable when the plans are reduced to 50% of their original size. 8) All plans shall have the same north arrow orientation. 9) Any City or Caltrans standard plans referenced shall be included on the detail sheets in the plans.
10) Pedestrian path and facilities shall be in compliance with current ADA regulations regarding slopes and minimum clearances.
11) Complete all improvement plans and construction details for City review and comment. 12) Civil Engineering plans shall show and be based on stationing along centerline of street.

The plans shall include, but not be limited to, the following sheets:
a) Cover Sheet – Shall include general notes, legend abbreviations, project title, project benchmark used and its location, sheet index, overall project map with sheet limits shown, vicinity map, utility company contacts, applicable permits, and other items as determined by the City.
b) Topographic Survey – The survey plans shall show all existing topographic survey information and all text shall be legible, plan readable, and at the appropriate scale (Plan scale will most likely be 1”= 20’ to be determined by Consultant and approved by the City). Plans shall show all boundary and survey control information.
c) Demolition Plans – Show existing features or objects to be removed. These sheets will show existing topographic survey information and all text shall be legible, plan readable, and at the appropriate scale (Plan scale will most likely be 1”= 20’ to be determined by Consultant and approved by the City).
d) Utility Sheets – These plans sheets shall show existing utilities as identified through utility plats and information from boring and potholing performed during design.

Sheets shall identify utility improvements to be removed or relocated. 4Creeks will take the lead in coordinating relocation of utilities as needed. Relocations and any 162

new information will need to be incorporated into the utility sheet as coordination takes place throughout design.
e) Civil Plan Drawings – These drawings shall show all proposed improvements (Plan scale will most likely be 1”= 20’ horizontal. Some areas may require larger scales to show the appropriate amount of detail required for construction, scales to be determined by Consultant and approved by City). The existing topographic survey information shall be faded in the background of the plans and shall be readable.

Civil Plan Drawings shall include, but not limited to, the following items:
i) Stationing, offsets, invert elevations for all proposed manholes, storm and sewer structures, stubs, pipes, concrete improvements, etc. ii) Pipe type, size, slope, and segment length.
iii) Profiles of all proposed and existing pipelines and structures. Profiles shall be on the same sheet as plan views.
iv) Removal and replacement information for all effected improvements. v) Improvement plans to include the full width of the roadway, curb returns with ADA ramps, and transitions to adjacent property.
vi) Elevations of all new improvements.
vii) Typical cross sections as appropriate, or as approved by the City of Visalia. viii) The grading “match line” is to be shown in fill and cut areas, with match grades.
ix) Locations of utilities to be relocated (if any).
x) Hatching patterns shall properly define construction. xi) Dimensions, where necessary.
xii) Construction keynotes to direct construction activities on same sheet. xiii) All sheet match lines shall have station and sheet references listed. xiv) Drainage Design – Consultant shall develop the roadway drainage plan.

Drainage plan sheets shall show drainage systems design and shall include inlet locations with station/offset, pipe layouts, and size. f) Street Cross Sections – Cross sections shall show dimensions of proposed and existing improvements, right-of-way location, and typical pavement sections. All text shall be legible and plan readable.
g) Signage, Striping and Marking Plans – Consultant shall complete the Signage, Striping, and Marking Plan which clearly identifies which lanes, signs and markings are to be removed. In addition, the plan shall delineate new lane lanes, striping, markings, and signage along the project site. The plan shall be set up in compliance with the California Manual on Uniform Traffic Control Devices (most recently revised version) and the 2018 Caltrans Standard Plans and Specifications.

Consultant shall clearly show dimensions, layouts, and distances of all striping, markings, and signage.
h) Traffic Signal Plans – Consultant shall complete Traffic Signal Plans which show the signal phase diagram, controller assembly, service equipment enclosure, signal standards, signal heads, video detection system, intersection safety lighting, 163

emergency vehicle preemption equipment, conduits and conductors/cables, equipment schedule, conduit schedule, general and construction notes, and the appropriate details. See Task 7 – Traffic Signal Design for the scope of work and fee for developing the Traffic Signal Plans.
i) Electrical and Interconnect Plans – Consultant shall complete Electrical Plans which clearly identify street light location, luminaire type and model, conduit runs for street light and interconnect, conductor schedule, pull boxes, meter pedestals, voltage drop calculations and the appropriate details. Consultant shall complete interconnect plans showing conduits and pull boxes only. See the Street Light Design and Fiber Interconnect Design task for the scope of work and fee for these services.
j) Civil Detail Sheets – These sheets shall include details for the road construction and any other details deemed necessary to adequately direct construction activities. All details referenced on the plans shall be included on the detail sheets.

Curb accessibility ramps shall be detailed at 1”= 5’ with vertical and horizontal dimensions as necessary.
13) The civil engineering design plan set shall provide sufficient detail to adequately direct all construction activities. The 4Creeks Team will be responsible for clearly defining the scope of their services that is included under this fixed fee task. After the plans are completed, the 4Creeks Team will be responsible for providing the City with a CD (or other data transfer method) containing all of the electronic CAD files and other associated files.
14) Specifications:
a) Under this task the 4Creeks Team will prepare technical specifications for City review at the 90% and 100% submittal stages, and address comments received from the City at each stage. Our understanding is that this project is locally funded and will not contain any additional language or forms in conformance with current Caltrans LAPM requirements.
b) The City will provide the 4Creeks Team with the City’s standard template construction specifications. The 4Creeks Team will be responsible for coordinating with City staff, and for updating the template as needed for the specific project. At a minimum, the 4Creeks Team is expected to provide the project specific Special Provision language for the following portions:
i) Special Provisions
ii) Technical Specifications not covered by the City Standard Specifications. iii) Language related to utility coordination.
iv) Language relating to work hours, traffic control, or other miscellaneous restrictions.
v) Bid Item Descriptions for each bid item.
vi) The Bid Item Schedule for the Project.
15) Engineer’s Estimate of Probable Construction Cost:
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a) The cost estimate will be used to develop the bid schedule for competitive bidding.

The cost estimate must include but is not limited to: a description of the items of work, unit amounts, quantities, unit prices, amounts, subtotals, contingencies, and a grand total.
b) The 4Creeks Team shall clearly identify any Non-Participating Work in the Cost Estimate.
c) 4Creeks shall include “Quantities” layers in the CAD files to be submitted to the City of Visalia at the end of the project. There shall be sufficient line work included in the Quantities layers to clearly convey to City staff how the various quantities used in the bid schedule were obtained. This line work and Quantities layers will be used during the construction phase of the project to check quantities by the City’s Construction Manager.

The above-described Task 6 services shall be provided for a Fixed Fee of $107,575.

TASK 7: TRAFFIC SIGNAL DESIGN
4Creeks will complete design plans for the proposed traffic signal at the intersection of Riggin Avenue and Roeben Street and the traffic signal modification at the intersection of Riggin Avenue and Akers Street. Both intersections shall be fully actuated with eight-phase operation (protected left-turns).

Traffic signal plans shall be at a scale of 1” = 20’ and include the following items in addition to those items shown on the base map:
1) Signal phase diagram.
2) Controller assembly, including battery backup system. 3) Service equipment enclosure
4) Signal standards
5) Vehicle and pedestrian signal heads (LED indications). 6) Video detection system (vehicle and bicycle detection). 7) Intersection safety lighting
8) Emergency vehicle preemption equipment.
9) Conduits and conductors/cables.
10) Equipment schedule
11) Conduit schedule
12) General and construction notes.
13) Special details, as needed.

Assumptions:
1) City shall provide their current traffic signal technical specifications to be used for the project in Word.
2) City shall provide existing as-built traffic signal plans for the Riggin Avenue/Akers Street intersection.
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The above-described Task 7 services shall be provided for a Fixed Fee of $27,500.

TASK 8: UTILITY RESEARCH & COORDINATION
Our understanding is that 4Creeks will take the lead in coordinating relocation of utilities as needed. Our understanding is that 4Creeks will be completing all paperwork for SCE transmission pole relocations and other relocations as required, and the City will be performing a final review of the documents and providing any required signatures prior to submission. The City will be paying fees for SCE transmission pole relocations and other utility relocations as required. Our understanding is that this project is locally funded and that utility coordination procedures will not need to follow the current Caltrans LAPM requirements. We will be performing the following services under this task:
1) The 4Creeks Team shall provide an update of the utility coordination at each Project Coordination Meeting.
2) The 4Creeks Team shall coordinate with utilities and obtain necessary plats and record drawings to identify any potential conflicts.
3) 4Creeks shall schedule any and all needed meetings, site visits, take notes, and work with the utility company and the City of Visalia to help in the identification of utility conflicts.
4) 4Creeks shall add the utility information received to the project base map and coordinate it with the topographic survey map.
5) 4Creeks shall create conflict maps for each impacted facility. 6) Conflicts shall be clearly identified, and the plans shall be to a scale that easily shows the conflicts. Details with “blow ups” of areas where several utilities are located at one location shall be included in the conflict resolution plans. 7) 4Creeks shall use the information obtained from the design potholing to clarify any information that is not clear and to update the utility base file. 8) 4Creeks shall assist the City of Visalia to prepare a liability determination to determine whether the City is legally liable for any portion or all of the relocations. 9) 4Creeks shall send correspondence and hold follow-up meetings with the utility companies as needed to coordinate and determine how each conflict will be addressed.
10) After a solution for each conflict has been developed, the 4Creeks Team shall prepare utility plans for inclusion in the final PS&E package for construction bidding. Relocation and adjustment data received from the utility companies will be shown on the utility plans.
11) 4Creeks shall prepare the Right of Way Utility Clearance Memo for approval by the City of Visalia and Caltrans.
12) The City prefers to have affected utilities relocate their facilities prior to the start of construction. 4Creeks shall coordinate with utility companies well in advance to 166

determine which conflicts can be addressed prior to the start of construction of the City’s project.

The above-described Task 8 services shall be provided for a Fixed Fee of $13,140.

TASK 9: STREET LIGHT & FIBER INTERCONNECT DESIGN
Street light and interconnect design plans will be on the same sheets and will only include plan views.
1) Design and draft Street Light Plan to City Standards. 2) Calculate voltage drop to ensure it meets City Standards. 3) Submittal to City for Review.
4) Address any City comments as needed.
5) Request final approval of the Street Light Plan.
6) Design and draft interconnect conduits and pull boxes (3” conduit with boxes at 500’) .

The above-described Task 9 services shall be provided for a Fixed Fee of $7,590.

TASK 10: LANDSCAPE & IRRIGATION CONSTRUCTION DOCUMENTS (WOOD

ARCHITECTURE)
The proposed project is for a public works improvement for a road widening on Riggin Avenue between Roeben St. and Akers St. for approximately 0.63 miles in Visalia, CA. The scope of work shall include landscape construction plans which include a planting soils plan, irrigation plan, tree and groundcover plan and all the details and specifications associated with the aforementioned sections. A further breakdown of the scope of the work can be found below. 1) LID Stormwater Infrastructure Suitability Study:
a) Review several LID options and explore their incorporation into the overall scope of the project.
b) Provide to the City a list of LID options that would be suitable for incorporation, both financially and for scope feasibility, into the project as a part of the construction documents.
c) Identify on a schematic set of plans the type and location of LID options for the City to review and approve along with a cost analysis associated with its addition to the project.
2) Construction Documents:
a) Obtain and review project-planning data including City of Visalia conditions of approval, site plan information and Civil Engineer’s topographic survey and grading information.
b) Provide a 20-scale planting soils plan indicating soil treatment type, location, and requirements.
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c) Provide a 20-scale irrigation plan indicating location, type and size of the irrigation sprinkler heads and piping for automatic irrigation system. Prepare AB1881 Water Conservation documentation as required by the State of California . i) Prepare hydrozone plans
ii) Prepare irrigation schedules
iii) Prepare water calculations
d) Provide a 20-scale planting plan indicating location, type, size and quantity of trees, shrubs, lawn, and ground cover.
e) Provide planting soil, irrigation, and planting details. f) Provide tree protection, planting soil, irrigation, and planting specifications. g) Coordinate with the City of Visalia and make adjustments as necessary to the Construction Documents to satisfy the requirements.
h) This section includes a total of two 2 hours of project meetings. Additional meetings other than those described shall be billed at hourly rates. i) This section includes a total of three (3) submittals to the City for review and approval. Any additional submittals required shall be done on a time & materials basis after receiving approval from the Owner in writing prior to beginning the work.

The above-described Task 10 services shall be provided for a Fixed Fee of $12,145.

TASK 11: POTHOLING (4CG CONSTRUCTION)
To complete this task, the following items will be required:
1) Non-destructive hydrovac excavation services to visually verify and document the location and depth of thirteen (13) existing underground utilities. 2) Provide water, traffic control plans, traffic control setup and tear down, visual verification of utility, sawcut and breakout of surface material, backfill and compaction, HMA restoral where needed, and disposition location.
3) Pothole report documentation.
4) Assumed seven (7) pothole locations will be within the existing asphalt, and will require flagging for verification, and a return trip for HMA restoral. 5) Assumed four (4) days for this work.

The above-described Task 11 services shall be provided on a Time and Materials basis for an Estimated Fee of $58,765.

TASK 12: AKERS ST. PROTECTED INTERSECTION DESIGN (OPTIONAL) To complete this task, the following items will be required:
1) Traffic Analysis:
a) Perform vehicle turning movement analysis at each turning movement at the intersection of Akers Street and Riggin Avenue.
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i) Vehicles that will be utilized in this analysis will include: CA Legal-65 Semi- Truck (65-ft), City Standard Ladder Fire Truck (48-ft), City Trash Truck, City Bus, City Standard Bus (40-ft), and Passenger vehicles. b) Prepare and submit “Turn-Template Exhibits” to the City for review and coordination.
c) Perform a corner sight distance analysis at the intersection of Akers Street and Riggin Avenue in order to address potential vehicle and pedestrian / bicyclist conflicts.
i) The corner sight distance analysis will be performed for each vehicle turning movement through the intersection.
ii) The corner sight distance analysis will address any potential conflicts due to vertical obstructions that may be adjacent to the intersection. iii) Review for possible adjustments to the stop limit lines for traffic at each leg of the Akers Street and Riggin Avenue intersection and determine the allowable setback from the intersection.
d) One (1) meeting to review and discuss the results of the traffic analysis. 2) Civil Engineering Updates:
a) Upon completion of the sight distance analysis that will be performed above, the following improvements will be incorporated into the construction plans:
i) Protective median “pork-chop islands” will be added at the corners of the intersection at Akers Street and Riggin Avenue. The protective “pork -chops islands” will be designed to allow for vehicle turn movements as well as provide protected access to the crosswalks for pedestrians and bicyclists. b) Add Class 4 bike lanes through the Akers Street and Riggin Avenue intersection. c) Design of new ADA curb returns located at each corner of the Riggin Avenue and Akers Street intersection to accommodate pedestrian and bicycle traffic. d) One (1) meeting to discuss revisions to the final civil engineering design updates. e) Revise construction documents per City’s comments and prepare the final bid documents.

The above-described Task 12 services shall be provided for a Fixed Fee of $21,120.

TASK 13: BIDDING & CONSTRUCTION ASSISTANCE (OPTIONAL)
To complete this task, the following items will be required:
1) Civil Bidding & Construction:
a) Assist the City with bidding questions and issuing addendums b) Provide consultation and interpretation of the construction documents at the City’s request
c) Assist the City in responding to RFI’s submitted during construction d) Attend preconstruction meeting at the request of the City e) Furnish revised drawings/details to facilitate construction activities/field changes f) Assist the City with reviewing construction change orders 169

2) Utility Construction:
a) Coordinate with utility companies to ensure critical paths for design and construction schedules are maintained.
b) Work with developers trenching agent throughout the dry utility installation and heat-up phase.
c) Coordinate and attend Joint utility meeting for the Client, this meeting to be attended by all utility company representatives, trenching agent, and others as directed by the client.
d) Assist with the receipt of all utility company contracts and invoices on behalf of the developer. Follow-up with developer to ensure all applications and payments are in place prior to heat-up date.
3) Landscape Bidding & Construction:
a) Provide clarifications and addenda as needed during the bidding phase of the project.
b) Provide review and analysis of the bids for input into contractor selection with regards to the landscape design.
c) Provide RFI responses for the purpose of clarification and interpretation of the landscape construction documents.
d) Provide issuance of bulletins for the purpose of providing the contractor with information related to clarification, documentation of field changes, detail changes, and contractor changes.
e) Provide review and approval for all landscape and irrigation submittals. 4) Landscape Observation:
a) Schedule and attend a pre-construction meeting for the purpose of outlining the responsibilities of the contractor and to verify the standards and quality of workmanship for the project landscape design.
b) Attend one (1) site observation to review installation of the planting soils plan prior to the beginning of the irrigation systems installation. c) Attend one (1) site observation to review the layout and installation of the irrigation system including mainlines, sleeving, and electrical conduit. d) Attend one (1) site observation to review the layout and installation of the irrigation system including valve manifolds, lateral lines, and emitters. e) Attend one (1) site observation to review the layout and installation of the irrigation system including sensor installation, controller configuration, and systems operation.
f) Attend one (1) site observation to review the layout and installation of plant material prior to mulching.
g) Attend a final construction review for the purpose of accepting the installation and starting the 1-year maintenance period.
h) Provide one (1) final maintenance review for the purpose of verifying the compliance with landscape design plans and specifications and accepting the project on behalf of the City.
170

The above-described Task 13 services shall be provided on a Time and Materials basis for an Estimated Fee of $15,885.

TASK 14: CONSTRUCTION STAKING (OPTIONAL)
This task includes construction staking survey services of the proposed project area that will include various staking tasks based on the approved civil improvement plans. To complete this task, the following items will be required:
1) Perform Field Surveying/Construction Staking Services to include (1 field trip per item- additional trips or trips broken into phases will be billed separately):
a) Rough grade staking (includes roadway)
b) Sanitary Sewer staking (including manholes, services/laterals) c) Storm Drain staking (including manholes, inlets, and pipeline @100’ stations) d) Water/Fire staking (hydrant locations-as necessary)
e) Dry Utility staking (including crossings, vaults and boxes, lights, and signals) f) Curb and Gutter Staking
g) Roadway pavement/pave out staking
h) Traffic Signal staking
i) Provide cut sheets.

The above-described Task 14 services shall be provided for a Fixed Fee of $52,810.

TASK 15: AS-BUILT PLANS (OPTIONAL)
The City will have the Contractor maintain a set of marked up construction as -built plans throughout the construction project. The City may hire the 4Creeks Team to take the Contractor’s marked up set of plans and make the appropriate edits on the CAD files and produce a final complete set of As-Built Plans. The 4Creeks Team will be responsible for providing the City a PDF file and the Electronic CAD Drawings under this item.

The above-described Task 15 services shall be provided for a Fixed Fee of $9,780.

171

DELIVERABLES
30% Submittal 60% Submittal 90% Submittal 100% Submittal Full Sized Plans PDF PDF PDF PDF
Plan CAD Files Civil 3D Civil 3D Civil 3D Civil 3D
Cost Estimates 1 1 1 1
Design Calculations 1 1 1 1
Specifications WORD WORD
Return City’s Red-
Line comments
1 1 1
Response to
Comments &
Tracking
1 1 1
Provide a copy of the
4Creeks Team’s
internal QA/QC
review
1 1 1 1

Proposal Summary
Subtotal Cost for Design Tasks 1-3 & 6-10 $217,725
Subtotal Cost for Right-of-Way Tasks 4-5 $93,950
Subtotal Cost for Potholing Task $58,765
Total Cost w/o Optional Taks $370,440
Total Cost with Optional Tasks 1-16 $470,035
172

SCHEDULE

PROPOSED PROJECT SCHEDULE
Below is the proposed project schedule which anticipates the 30%-90% submittals and a 4- week review for final PS&E approval. This schedule also assumes that the City will provide all necessary design information and respond to questions in a timely manner.

To meet this schedule, Notice to Proceed shall be provided to 4Creeks no later than December 4th, 2023. The items listed below are being provided to give the City the best chance possible of meeting their schedule. Our staff will aggressively pursue these items to get approvals as soon as reasonably possible.

SCHEDULE
Below is the proposed design schedule for the project.

Task Completion Date
Notice to Proceed TBD
Kick off Meeting with City TBD
Topographic Survey 4 weeks
30% PS&E 6 weeks
City Review 4 weeks
60% PS&E 8 weeks
City Review 4 weeks
90% PS&E 10 weeks
City Review 4 weeks
100% PS&E 4 weeks
City Approval Final PS&E 4 weeks

Total Duration 48 weeks

The Schedule above assumes a 4-week review by the City for 30%-90% submittals and a 4- week review for final PS&E approval. This schedule also assumes that the City will provide all necessary design information and respond to questions in a timely manner.

Development of the utility sheets and project geometry will be prioritized so the City can start utility coordination and right-of-way acquisition as early as possible in the design process.

173

CITY OF VISALIA RESPONSIBILITIES
● Provide information/data as noted above.
● Examine documents submitted to the City by the 4Creeks Team and render timely decisions pertaining thereto.
● Give reasonably prompt consideration to all matters submitted by the 4Creeks Team for approval to the end that there will be no substantial delays in the 4Creeks Team's program of work.
● Process invoices submitted by Consultant.
● Provide the 4Creeks Team with surveys, maps, and other documentation, if available and necessary for completion of Consultant’s work.
● Act as coordinator between Consultant and other City representatives. ● Provide City record improvement drawings as necessary for design. ● Provide City standard template of “specifications.” (If included in project scope)

EXCLUSIONS
● Bidding and Construction Phase Services.
● Permit fees or any fees not listed in our scope of services. ● Traffic counts and/or traffic signal warrant studies. ● Signal timing plan for the traffic signal.
● Traffic signal initiation/turn-on.
● Signal design plans for future street configuration.
● Any work associated with complying to Caltrans LAPM requirements for federally funded projects.
● Any work not specifically listed in this scope of services. Any re-staking or additional items requested by the City that are not specifically mentioned in this scope of services will be billed on a time and materials basis per the current 4Creeks fee schedule.

174

4Creeks is capable and willing to perform many of these excluded services and/or hire subconsultants to perform these services as needed by the City. If the City would prefer that 4Creeks add additional tasks to our proposal to cover these services, please let us know.

We are very excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Visalia. If you have any questions or need any additional information, please feel free to give us a call to discuss.

Sincerely,

Kyle McDonald, RCE #82531 Matthew Ainley, RCE #66233 Project Engineer Principal-In-Charge

Concurrence Date

Encl: Attachment A – Consultant Contact Information
Attachment B – 4Creeks Inc. Fee Schedule
Attachment C – Fee Estimate Breakdown
175

CONSULTANT CONTACT INFORMATION

CIVIL ENGINEERING
4CREEKS, INC.

Kyle McDonald, PE
Project Engineer
[email protected]
O: (559) 802-3052
C: (559) 679-5990

Matt Ainley, PE
Principal-In-Charge
[email protected]
O: (559) 802-3052
C: (559) 737-3748

GEOTECHNICAL ANALYSIS

KRAZAN & ASSOCIATES
Dave Jarosz, PE
[email protected]
O: (559) 348-2200
C: (559) 651-8267

RIGHT-OF-WAY ACQUISITION
BENDER ROSENTHAL, INC.

Rebekah Green
[email protected]
O: (916) 978-4900
C: (916) 716-5285

LANDSCAPE AND IRRIGATION

WOOD ARCHITECTS
Tyson Carroll
[email protected]
O: N/A
C: (559) 786-9600

POTHOLING
4CG CONSTRUCTION
T Jeffcoach
[email protected]
O: (559) 372-0215
C: (559) 901-4966

176
Project Technician I Project Technician II Project Technician III Project Tech IV Engineer Senior Engineer Principal Engineer Utility Designer Senior Utility
Designer BRI Krazan 4CG Construction Wood Architects Assistant Surveyor Principal Land
Surveyor
Survey Crew (2-
Man Topo)
Reimbursable
Expenses
$85 $95 $105 $120 $145 $175 $200 $130 $160 $1.15 $1.15 $1.15 $1.15 $110 $180 $280 Fee Varies Task 1 - Project Initiation & Project Management
General Project Management/Coordination 15 30 $7,425
Internal Quality Control 12 $2,100
Initial Site Visit 2 2 2 $850
Develop List of Issues 2 2 4 $1,200
Identify Improvements 2 2 4 $1,200
Prepare & Maintain Project Schedule 8 $1,400
Kickoff Meeting 2 2 6 $1,550
Additional Meetings (assumed 6) 4 3 18 $4,005
$19,730
Task 2 - Topographic Survey
Field Research 8 $880
Control 6 $1,680
Field Data Collection 24 $6,720
Office Drafting 28 $3,080
Prepare Boundary 12 $2,160
$14,520
Task 3 - Geotechnical Analysis (Krazan)
Geotechnical Analysis $13,500 $15,525
$15,525
Task 4 - Right-of-Way Acquisition (BRI)
Right-of-Way Acquisition (assumed 5 parcels) $71,800 $82,570 $82,570
Task 5 - Right-of-Way Support
Legal Descriptions & Research (assumed 5 parcels) 32 5 $4,420 ROW Staking 4 9 $2,960
Additional PTR's (assumed 5) $4,000.00 $4,000
$11,380
Task 6 - Construction Plans Specifications, & Cost
Estimates
Basis of Design Exhibits 2 20 15 4 6 4 2 $20.00 $6,115
Storm Drain Calculations & Report 1 12 6 2 4 2 1 $20.00 $3,245 30% Plans Submittal 2 100 50 10 25 15 10 $150.00 $24,520 60% Plans & Estimate Submittal 2 100 50 10 25 15 10 $150.00 $24,520 90% Plans & Estimate Submittal 2 100 50 10 25 15 10 $150.00 $24,520 90% Specifications 30 15 4 $50.00 $6,625
100% Plans & Estimate Submittal 2 50 25 15 8 10 4 $150.00 $13,205 100% Specifications 25 10 2 $50.00 $4,825
$107,575
Task 7 - Traffic Signal Design
Traffic Signal Research 1 $145
Site Visits (assumed 2) 3 8 $1,835
30% PS&E Submittal 34 8 $50.00 $6,380
60% PS&E Submittal 34 8 $50.00 $6,380
90% PS&E Submittal 34 8 $50.00 $6,380
100% PS&E Submittal 34 8 $50.00 $6,380
$27,500
Task 8 - Utility Research & Coordination
Obtain Maps 4 2 $840
Draft Maps in Topo 10 4 $1,940
Draft Conflict Maps 20 4 $3,240
Utility Coordination 40 12 $7,120
$13,140
Task 9 - Street Light & Fiber Interconnect Design
30% PS&E Submittal 6 4 2 1 4 2 $20.00 $2,400
60% PS&E Submittal 6 4 2 1 4 1 $20.00 $2,240
90% PS&E Submittal 4 2 2 1 4 1 $20.00 $1,840
100% PS&E Submittal 2 1 1 1 2 1 $20.00 $1,110
$7,590
Task 10 - Landscape & Irrigation Construction
Documents (Wood Architects)
Plans, Specifications, & Estimates $10,300 $300.00 $12,145 $12,145
Task 11 - Potholing (4CG Construction)
Potholing Services (assumed 13) $51,100 $58,765
$58,765
Task 12 - Akers St. Protected Intersection Design
(Optional)
Perform Vehicle Turn Movements in CAD 6 2 2 1 $1,560
Prepare Turn Template Exhibits 8 6 4 1 $2,730
Prepare Sight Distance Analysis 4 8 2 1 $2,190
Update Base Drawing in CAD 16 4 4 10 1 $4,690
Update Design Surface in CAD 12 6 4 8 1 $4,160
Revise Plan Sheets 20 6 6 4 1 $4,590
Meetings (2) 2 2 4 $1,200
$21,120
Task 13 - Bidding & Construction Assistance
(Optional)
Assist w/ bidding questions & addendums 4 3 2 2 1 $1,625 Provide interpretation of construction documents 2 4 1 1 1 $1,255 Assist w/ RFI's during construction 8 8 4 4 2 $3,540
Attend pre-con meeting 2 2 1 $800
Furnish revised drawings 16 12 5 8 2 $5,655
Assist w/ reviewing change orders 1 1 1 $480
Subconsultants $2,200 $2,530
$15,885
Task 14 - Construction Staking (Optional)
Office Research 9 $990
Control 4 1 4 $1,740
Rough Grade 16 1 32 $10,900
Sanitary Sewer 9 1 14 $5,090
Storm Drainage 9 1 14 $5,090
Water 5 1 9 $3,250
Curb & Gutter 24 1 40 $14,020
Dry Utilities 5 1 9 $3,250
Roadway pavement / Pave-out 5 1 9 $3,250
Traffic Signals 5 1 9 $3,250
Provide Cut Sheets 18 $1,980
$52,810
Task 15 - As-Built Plans (Optional)
As-Built Coordination 8 6 4 15 2 $5,085
As-Built Preparation 15 8 6 4 2 $4,355
Mileage & material costs 2 $170
Admin 2 $170
$9,780
TOTAL: 15 423 354 99 331 285 57 103 35 $71,800 $13,500 $51,100 $12,500 181 26 179 $5,320 SUBTOTAL FOR DESIGN TASKS 1-3 & 6-10 = $217,725
SUBTOTAL FOR ROW TASKS 4-5 = $93,950
SUBTOTAL FOR POTHOLING TASK = $58,765
TOTAL W/O OPTIONAL TASKS = $370,440
TOTAL W/ OPTIONAL TASKS 1-15 = $470,035
Riggin Avenue Widening (Roeben to Akers)
Fee Breakdown
Kyle M., Macy H.

TOTAL
177

Exhibit “C”: Consultant Schedule of Fees for Professional Services

178

Effective May 1, 2022 – Amended (8/01/2023)
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are:

Classification Charges Per
Hour Classification Charges Per
Hour
Civil Engineering Services Architectural Services
Associate Engineer $125 Associate Architect** $130
Engineer $145 Architect $145
Senior Engineer $175 Senior Architect** $175
Principal Engineer $200

Planning Services Construction Inspection
(Non-Prevailing Wage)
Assistant Planner $90 Associate Construction Inspector $110 Associate Planner** $105 Construction Inspector $130
Planner $135 Senior Construction Inspector $150
Senior Planner $165
Principal Planner $185 Construction Management
Associate Construction Manager $125
Structural Engineering Services Construction Manager $145 Associate Structural Engineer $145 Senior Construction Manager $175 Structural Engineer $160
Senior Structural Engineer $180 Project Manager/Coordinator** Associate Project Manager/Coordinator $120
GIS Services Project Manager/Coordinator $140
Associate GIS Technician $90 Senior Project Manager/Coordinator $175 GIS Technician $100
Senior GIS Technician $120 Technical Services
Project Technician I $85
Utility Design Services Project Technician II $95
Associate Designer $105 Project Technician III $105
Designer $130 Project Technician IV $120
Senior Designer $160
Public Outreach Coordination
Land Surveying Services Associate Outreach Coordinator $105 Assistant Surveyor $110 Outreach Coordinator $125
Land Surveyor $135
Senior Surveyor $155 Water Consulting Services
Principal Land Surveyor $180 Associate Water Consultant $115 1-Man Survey Crew * $150 Water Consultant $135
2-Man Survey Crew * $220 Senior Water Consultant $165
3-Man Survey Crew* $275
Drone Pilot $155 Executive Staff
Associate Executive $120
Software Engineering Services Executive $145
Assistant Software Engineer $75 Senior Executive $165
Associate Software Engineer $90
Software Engineer $135 Expert Witness
Senior Software Engineer $165 Expert Witness $300

Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule – Varies by County **Amended Rates
179
1 of 1

Effective February 1,2020
Updated August 12, 2021

4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210

Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County

2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280

180

Exhibit “D”: Visalia Labor Compliance Manual

https://www.visalia.city/depts/finance/purchasing/default.asp

181
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0454 Agenda Date: 12/4/2023 Agenda #: 7.

Agenda Item Wording:

Project List For Grant Funding - Authorization to submit a $25.7 million project list to Tulare County Association of Governments (TCAG) to be prioritized for upcoming SB125 funding which is transit related funding.

Deadline for Action: 12/15/2023 - TCAG ratification
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager, [email protected] (559) 713-4591
Nick Mascia, Assistant City Manager, [email protected], (559) 713-4323 Department Recommendation:

Staff recommends authorization for Transit staff to submit a list of Capital Improvement projects to Tulare County Association of Governments (TCAG) to be considered and prioritized at the upcoming December 15th TCAG board meeting under SB125 funding.

Background Discussion:

In September of 2023 the state released information regarding new funding (SB125) that will be distributed to the local MPO (Metropolitan Planning Organization) Tulare County Association of Governments (TCAG). Tulare County has been allocated $56,000,000 that TCAG will use for priority transit capital improvements projects in the region. The funding will be distributed over a four (4) year funding period beginning in the calendar year 2024 (FY23-24). Staff was asked to work together with the Tulare County Regional Transit Agency (TCRTA) - the other Transit agency in our region, to develop a project list for transit priority projects. Visalia Transit staff worked to put together a list of projects to submit to TCAG for funding from the new SB125 monies for a total of $25,728,262 requested. Those projects are as follows:

Project Title Project Description Project
cost
Funds
requested
Funding Year
requested
Battery Electric Bus
Replacements
Replace 6 Fixed Route CNG buses
with BEBs and purchase/install
required chargers.
$8,600,000 $8,600,000 CY2024
Battery Electric Bus
Replacements
Replace 5 Fixed Route CNG buses
with BEBs and purchase/install
required chargers.
$7,500,000 $7,500,000 CY2025
Micro Transit
Vehicles/Chargers
Micro Transit Electric ADA Vanas
(10), Electric Sedans (5), & Charging
infrastructure (15)
$9,628,262 $9,628,262 CY2027
Total $25,728,262 $25,728,262Visalia City Council Printed on 12/1/2023Page 1 of 3 powered by Legistar™
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File #: 23-0454 Agenda Date: 12/4/2023 Agenda #: 7.

Upon approval of the MOU, Staff will implement a 3 year pilot project in which Visalia Transit will team with the TCRTA to provide a region wide micro transit service to Tulare County. That pilot program is at no cost to the City and through the pilot TCRTA will purchase their own vans and charging infrastructure. Following the completion of that pilot program in 2027, Transit will be using the data that’s collected to plan and implement a permanent micro transit service. This SB125 funding request will allow the City to purchase Visalia Transit (micro transit) vehicles and charging infrastructure to have the necessary components to operate our own micro transit program.

Battery Electric Bus purchase and charging infrastructure install.

This project aligns with Visalia Transit’s current fleet replacement plan, and Visalia Transit will ask for the monies to complete these vehicle replacements from the SB125 funding or other funding.

TCAG will also take the following projects for the TCRTA (Tulare County Regional Transit Authority) to their board for approval. This list is subject to change:

Project Title Project Description Funds requested
Lindsay Transfer Center Cost increase to project $2,000,000 Exeter Transfer Center Exeter Transfer Center $5,000,000 Maintenance Facility
Improvements
Various $12,000,000
Porterville ZE Maintenance
Facility
Porterville ZE Maintenance Facility $10,000,000
On Demand ZE Vans Zero Emission Vans (19) $2,800,000
Bus Operations Cross Valley Corridor Bus Operations - 3 year pilot $7,000,000 Total $38,800,000
Fiscal Impact:

No fiscal impact at this time. Once approved by TCAG, Staff will return for the acceptance, appropriation and procurement.

Prior Council Action:

N/A
Other:

N/A
Alternatives:

Council could direct staff to seek funding from other sources, or could ask staff to prioritize other projects in the submission request to TCAG.

Visalia City Council Printed on 12/1/2023Page 2 of 3
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File #: 23-0454 Agenda Date: 12/4/2023 Agenda #: 7.

Recommended Motion (and Alternative Motions if expected):

I move to authorize Staff to submit the requested project list to TCAG to be prioritized for consideration with the upcoming SB125 funding.

Environmental Assessment Status:

N/A
CEQA Review:

N/A
Attachments:

None
Visalia City Council Printed on 12/1/2023Page 3 of 3
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184
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0462 Agenda Date: 12/4/2023 Agenda #: 8.

Agenda Item Wording:

Cemetery District Zone Change - Second reading and adoption of the second reading of Ordinance No. 2023-04 pertaining to the approval of 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.

Deadline for Action: 12/4/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, 713-4443, [email protected] Paul Bernal, Community Development Director, 713-4025, [email protected] Department Recommendation:

Staff recommends that the City Council adopt the second reading of Ordinance No. 2023-04, approving Change of Zone No. 2022-02).

Background Discussion:

On November 20, 2023, the City Council held a public hearing to consider Change of Zone (COZ) No. 2022-02 and General Plan Amendment (GPA) No. 2022-01. The COZ and GPA together form a request by the Visalia Public Cemetery District (VPCD) to change the general plan land use and zoning designations of 15 parcels as described below:
· 14 properties totaling 3.17 acres from Low Density Residential / R-1-5 (Single Family Residential, 5,000 square foot minimum site area) to Public Institutional / QP (Quasi-Public). · One property totaling 0.24 acres from Residential Medium Density / R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to Public Institutional / QP (Quasi-Public).

The land use reclassification to Public Institutional / Q-P is requested to permit usage of the 15 parcels for cemetery operations and burial sites, activities which are prohibited in residential zones but are conditionally permitted in the Q-P zone. All 15 sites proposed for reclassification are owned by the VPCD and located within its existing master plan boundary.

No persons spoke in opposition to the project itself at the City Council meeting, and Council voted 4- 1 (Emmanuel Soto in opposition) to approve the GPA and conduct the First Reading of Ordinance Visalia City Council Printed on 12/1/2023Page 1 of 3
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File #: 23-0462 Agenda Date: 12/4/2023 Agenda #: 8.

No. 2023-04 for Change of Zone No. 2022-02.

The second reading of the Ordinance is the final action the City Council takes in order for Change of Zone No. 2022-02 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.

Prior Council Action:

1. July 18, 2005 - The Visalia City Council approved a request by the Visalia Public Cemetery District to conduct the following projects.
o General Plan Amendment No. 2005-04: A request to change the general plan land use designations on approximately two acres from Low Density Residential, Medium Density Residential, High Density Residential and Shopping Office Commercial to Public Institutional.
o Change of Zone No. 2005-03: A request to change the zoning on approximately 2 acres from R-1-6, R-M-2, R-M-3 and C-SO to QP (Quasi Public). o Conditional Use Permit No. 2005-08: A request to allow the expansion of the existing cemetery, allow the relocation of an existing maintenance facility, and adopt a Master Plan for a cemetery in the QP Zone.

2. May 1, 2023 - The Visalia City Council considered a request by the Visalia Public Cemetery District to conduct the following projects:
o General Plan Amendment No. 2022-01: A request by the Visalia Public Cemetery District to amend the General Plan Land Use Map to change the land use designation of 15 parcels totaling 3.33 acres from Residential Low Density to Public Institutional, and to change the land use designation of one parcel totaling 0.24 acres from Residential Medium Density to Public Institutional. The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street.
o Change of Zone No. 2022-02: A request by the Visalia Public Cemetery District to change the zoning designation of 15 parcels totaling 3.33 acres from R-1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi-Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi- Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP (Quasi- Public) to QP (Quasi-Public). The project sites are located at 919 West Allen Avenue, 618, 700, 706, 808, 918, 1010 North Rinaldi Street, 1410, 1420, 1430 West Sady Avenue, 816, 1004 North Turner Street.
o A review of a request by the Visalia Public Cemetery District to amend Conditional Use Permit No. 2005-08, permitting the expansion of the Visalia Public Cemetery District master planned area, encompassing 13 parcels totaling 2.8 acres. The project sites are located at 914 and 920 W. Allen Avenue, 1304 W. Goshen Avenue, 916, 920, 1000, 1002, 1004, 1006, 1010, 1012, 1014, 1016, and 1020 N. Turner Street.

At the meeting the City Council did not issue a formal decision on the matter. The City Council instead voted to remand the project back to Planning Division staff, to conduct additional work Visalia City Council Printed on 12/1/2023Page 2 of 3
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File #: 23-0462 Agenda Date: 12/4/2023 Agenda #: 8.
instead voted to remand the project back to Planning Division staff, to conduct additional work on the project, and provide the public with an opportunity to attend a future public outreach meeting with Visalia Public Cemetery District staff.

3. November 20, 2023 - The Visalia City Council approved a request by the Visalia Public Cemetery District to conduct the following projects:
o 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). o 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).

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt Ordinance No. 2023-04 for Change of Zone No. 2022-02...end
CEQA Review:

The requested action is considered exempt under 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, which means 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 master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have any effect on the environment. All proposals represent changes in administrative categorization with no physical effects.

Attachments:

1. Ordinance No. 2023-04 for Change of Zone No. 2022-02.

2. Exhibit “A” - Site Plan, Phasing Plan, Infrastructure Plan, and Elevations Visalia City Council Printed on 12/1/2023Page 3 of 3
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187
Ordinance No. 2023-04
ORDINANCE NO. 2023-04

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING 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 QP (QUASI-PUBLIC), AND TO CHANGE THE ZONING DESIGNATION OF ONE PARCEL TOTALING 0.24 ACRES FROM R-M-2 (MULTI-FAMILY RESIDENTIAL, 3,000 SQ. FT. MINIMUM SITE AREA PER DWELLING UNIT) TO QP (QUASI- PUBLIC). 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)

WHEREAS, Change of Zone No. 2022-02 is a request by the Visalia Public Cemetery District to change the zoning designation of 1 4 parcels totaling 3. 17 acres from R -1-5 (Single Family Residential, 5,000 sq. ft. minimum site area) to QP (Quasi -Public), and to change the zoning designation of one parcel totaling 0.24 acres from R-M-2 (Multi-Family Residential, 3,000 sq. ft. minimum site area per dwelling unit) to QP (Quasi-Public). 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); and,

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on February 27, 2023; and WHEREAS, at the February 27, 2023 Planning Commission meeting the item was removed from the meeting agenda due to project description errors discovered in the public hearing notice published in the Visalia Times -Delta newspaper. The Planning Commission continued the project to the March 13, 2023 Planning Commission meeting at the request of the applicant; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 13, 2023; and WHEREAS, at the March 13, 2023 Planning Commission meeting the item was continued due errors in the processing and mailing of public hearing notices. The Planning Commission continued the project to the March 27, 2023 Planning Commission meeting at the request of staff; and
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on March 27, 2023; and

WHEREAS, the Planning Commission of the City of Visalia considered the Change of Zone in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing , and recommended approval of said Change of Zone; and

WHEREAS, the Planning Commission of the City of Visalia adopted Resolution No. 2022- 44 recommending approval of Change of Zone No. 2022-02; and

188
Ordinance No. 2023-04
WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for Change of Zone No. 2022-02 on May 1, 2023; and

WHEREAS, the City Council of the City of Visalia considered the Change of Zone in accordance with Section 17.44.090 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and t estimony presented at the public hearing, and voted to remand the project back to City of Visalia staff for additional analysis and to provide the public with an opportunity to attend a future public outreach meeting with Visalia Public Cemetery District staff; and
WHEREAS, the Visalia Public Cemetery District held a public outreach meeting on June 15, 2023, and collected comment from members of the public, including residents of properties along North Turner Street and North Rinaldi Street; and WHEREAS, the City Council of the City of Visalia, after ten days published notice, held a public hearing for Change of Zone No. 2022-02 on November 20, 2023.

WHEREAS, the project is exempt under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, THEREFORE, BE IT RESOLVED the City Council concurs that the project is exempt from further environmental review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption).

NOW, THEREFORE, BE IT FURTHER RESOLVED, the City Council of the City of Visalia approves Change of Zone No. 2022-02, as shown on Attachment “ A” of this Ordinance, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.44.0 90 of the Ordinance Code of the City of Visalia, based on the following specific findings and evidence presented:

1. That the Change of Zone is consistent with the intent of the General Plan, Zoning Ordinance, and 2005 Visalia Public Cemetery District Land Use Plan, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements Citywide.

2. That the proposed QP (Quasi Public) zoning is consistent with the Public Institutional land use designation and compatible with adjacent land uses.

3. The reclassification of residential property to Quasi-Public will not have a negative impact on the City’s housing stock as none of the sites proposed for reclassification are listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

4. The potential loss of Low Density Residential/R -1-5 Zone land use capacity is less than 1% and will not significantly affect the overall availability of low-density residential land for development within the City.

5. The potential loss of fourteen residential units because of potential expansion of the public cemetery is considered less than significant to the residential capacity within the City.

6. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption), as the proposed master plan boundary expansion, change in land use designation, and change in zoning classification will not in and of themselves have an effect on the environment. 189
Ordinance No. 2023-04

ZONING MAP
Existing Zoning
Designation
ATTACHMENT “A”

AN ORDINANCE OF THE CITY COUNCIL

AMENDING THE ZONING MAP AS FOLLOWS

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

Section 1: The Zoning Map is hereby amended as follows:

190
Ordinance No. 2023-04

ZONING MAP
Proposed Zoning
Designation
191
Ordinance No. 2023-04
Section 2: This property and Zoning Map of the City of Visalia is hereby amended to show said property changes.

Section 3: This Ordinance shall take effect thirty days after passage hereof.

192
093-062-009
LEGEND

CEMETERY OWNED

AND CURRENT ZONE -

QUASI PUBLIC

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

W G O S H E N A V E

N D U D L E Y S T

N G I D D I N G S S T

W G R O V E S T

W A L L E N A VE

W R O O S E V E L T A V E

W S A D Y C T

N R I N A L D I S T

W G R O V E S T

W R O O S E V E L T

N G I D D I N G S S T

N P A R K S T

N T U R N E R S T

H O U S T O N

E L E M E N T A R Y

S C H O O L
NORTH

N J A C O B S T

BOUNDARY LINE

DEPICTS CEMETERY

MASTER PLAN

MILLERS
CHAPEL
093-062-007
093-062-006
093-062-026 093-062-027
093-073-002
093-073-018
093-073-015
093-073-006
093-073-010
093-073-009
093-073-008
093-073-011
093-073-012
093-083-001
093-083-002
093-083-003
093-083-027
093-083-025
093-083-016
093-083-015
093-083-014
093-083-013
093-083-032
093-083-033
093-062-012 093-111-002
093-101-001
093-091-030
093-083-028 093-083-030
093-083-029
093-091-031
093-091
-004
093-091
-003
093-091
-006
093-091
-007
093-103-002
093-103-014
093-103-001

EXISTING MASTER PLAN BOUNDARY
093-062-016
093-062-015

ZONE CHANGE TO QP
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829

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DRAFT RELEASE 08/11/2023

EXHIBIT A A
1" = 160'-0" 1 EXHIBIT A
193
093-062-009
LEGEND

CEMETERY OWNED

AND CURRENT ZONE -

QUASI PUBLIC

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

W G O S H E N A V E

N D U D L E Y S T

N G I D D I N G S S T

W G R O V E S T

W A L L E N A VE

W R O O S E V E L T A V E

W S A D Y C T

N R I N A L D I S T

W G R O V E S T

W R O O S E V E L T

N G I D D I N G S S T

N P A R K S T

N T U R N E R S T

H O U S T O N

E L E M E N T A R Y

S C H O O L
NORTH

N J A C O B S T

BOUNDARY LINE

DEPICTS CEMETERY

MASTER PLAN

EXISTING MASTER PLAN BOUNDARY
093-062-016
093-062-015

ZONE CHANGE TO QP
VACANT

PROPERTIES

VACANT LOTS HOMES

EXPANSION DETERMINED BY PURCHASING
ADDITIONAL PROPERTY AND HAVING MIN.
300 CONTIGUOUS FEET

EXPANSION DETERMINED BY

PURCHASING ADDITIONAL
PROPERTY AND HAVING MIN.
300 CONTIGUOUS FEET

VACANT LOT
HOUSES (E) 300

CONTIGUOUS
FEET
(E) SHOP /

MAINTENECE

YARD TO REMAIN
2023 - 2030 2030 - 2035
2033 -2035
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829

N S E D
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HC
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FIL
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SPR SUBMITTAL 10/21/2022
DRAFT RELEASE 08/11/2023

EXHIBIT B B
1" = 160'-0" 1 EXHIBIT C
194
NORTH
604 618 704 706 700 808 916 918
1410
1420
1430

N R I N A L D I S T

W S A D Y C T

W G O S H E N A V E
816
919

N T U R N E R S T

W A L L E N A V E

PROPOSED ENTRANCE/

EXIT DRIVEWAY

CURB, GUTTER, SIDEWALK
10' - 0" 20' WIDE DRIVE LANE
LEGEND

CEMETERY OWNED

AND ZONED QP

PROPERTIES

ZONE CHANGE TO

QUASI PUBLIC

N G I D D I N G S S T

N P A R K S T

W R O O S E V E L T A V E

N G I D D I N G S S T

ENTRANCE

EXISTING OFFICE

EXISTING

MAUSOLEUM

EXISTING CHAPEL

EXISTING

MAUSOLEUM

PROPOSED INTERNAL

DRIVE LANES
1010
1000 1421

BOUNDARY LINE

DEPICTS CEMETERY

MASTER PLAN
VACANT

PROPERTIES
20' - 0" 10' - 0"
SITE

IMPROVEMENT

N RINALDI ST

CEMETERY

DRIVE LANE

CONCRETE CURB

CONCRETE SIDEWALK

PLANTER

PRIVACY FENCE
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829

N S E D
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I T E C
HC
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FIL
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PRELIM SPR REVIEW 10/4/2022
SPR SUBMITTAL 10/21/2022
DRAFT RELEASE 08/11/2023

EXHIBIT C C
1" = 10'-0" 1

CURB, GUTTER & SIDEWALK

IMPROVEMENT
195
1 DATE Description No.
2 A
B
C
3 DRAFT RELEASE
Project Number
Checked By
Drawn By
Carlos
Walter

PROPOSED ZONE CHANGE AND

GENERAL PLAN AMMENDMENT

VISALIA CEMETERY
1300 W GOSHEN AVE
VISALIA, CA 93292
2139.2
11/23/2021
PRELIMINARY SPR RELEASE 05/13/2022

WALTER DEISSLER

ARCHITECT

WALTER DEISSLER
No. C14829

N S E D
ECI
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I T E C
HC
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FIL
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O R N I AREN. 02.23
PRELIM SPR REVIEW 10/4/2022
SPR SUBMITTAL 10/21/2022
DRAFT RELEASE 08/11/2023

EXHIBITS D&E D&E

EXHIBIT D

EXHIBIT E
196
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0463 Agenda Date: 12/4/2023 Agenda #: 9.

Agenda Item Wording:

Notice of Completion Highland Park 1 - Request authorization to file a Notice of Completion for Highland Park, Unit No. 1 subdivision containing 76 single-family residential lots located at the northwest corner of North Conyer Street and West Riggin Avenue.

Deadline for Action: 12/4/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Sarah MacLennan, Assistant Engineer, [email protected] <mailto:[email protected]>, (559) 713-4271
Jason Huckleberry, Community Development Assistant Director, [email protected] <mailto:[email protected]>, (559) 713-7795 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that City Council authorize the filing of a Notice of Completion for Highland Park, Unit No. 1 subdivision.

Summary:

All the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. Highland Park, Unit No. 1 subdivision was developed by Woodside Homes and contains 76 single-family residential lots.

The developer has submitted a maintenance bond in the amount of $215,420.53 as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

Background Discussion:

City Council authorized the recording of the final map for Highland Park, Unit No. 1 subdivision on June 21, 2021. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.

Fiscal Impact:

By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such Visalia City Council Printed on 12/1/2023Page 1 of 2
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File #: 23-0463 Agenda Date: 12/4/2023 Agenda #: 9.
maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Prior Council Action:
· On June 21, 2021, the City Council authorized the recordation of the final map for Highland Park, Unit No. 1 subdivision.
· On February 7, 2022, the City Council authorized the formation and assessment of Landscape and Lighting Assessment District No. 21-04.

Other:
· On May 26, 2020, Finding of Consistency No. 2020-001 was approved by the Planning Commission allowing minor modifications to the public street design and phasing of the tentative subdivision map.
· On August 26, 2013, Conditional Use Permit (CUP) No. 2012-27 was approved by the Planning Commission to amend previously approved CUP No. 2006-03; revising development standards and dwelling types of the previously approved PUD in the RM2 zone. · On February 27, 2006, the Highland Park at Shannon Ranch Tentative Subdivision Map No. 5509 and associated CUP No. 2006-03 were approved by the Planning Commission.

Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of Notice of Completion for Highland Park, Unit No. 1.

Environmental Assessment Status:

Negative Declaration No. 2006-08 was adopted February 27, 2006 - Environmental Document No. 2006-033
CEQA Review:

Negative Declaration No. 2006-08 was adopted February 27, 2006 - Environmental Document No. 2006-033
Attachments:

1. Aerial Map

2. Final Map

3. Disclosure Development - Notice of Completion
Visalia City Council Printed on 12/1/2023Page 2 of 2
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199

OWNER'S STATEMENT

THE UNDERSIGNED HEREB Y CERT/F Y THAT THE Y ARE THE ONLY PERSONS HA VING ANY RECORD

TITLE INTERESTIN THE REAL PROPERTYINCLUDED WITHIN THE BOUNDARIES OF THE

SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREB Y CONSEN T TO THE PREPARA TION AND RECORDING 0F SAID MAP AND THE CONSEN T OF NO OTHER PERSON IS NECESSARY.

WE HEREBY OFFER FOR DEDICA TION AND DO HEREBY DEDICA TE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. RIGHTS OF WAYFOR PRESCOTTAVENUE, PAYSONAVENUE, SOWELL STREET, PARKSIDE STREE 7', JACOB STREET, TURNER STREET, CREEKSIDE STREET, AND PACIFIC AVENUE IN FEE TO THE CITY OF VISALIA.

2. LOTS A THRU E IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES SIDEWALKS, BLOCK WALLS AND OTHER PUBLIC PURPOSES.

3. PUBLIC UTILITY EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS

LINES AND CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES,

TOGETHER WITH ANY AND ALL APPURTENANCES PERTAIN/NG THERETO, AS SHOWN HEREON AND DESIGNA TED AS "PUE" (PUBLIC U TILI TY EASEMENU.

4. BLOCK WALL EASEMENTS, AS SHOWN HEREON IN FA VOR OF THE CITY OF VISALIA AS SHOWN HEREON AND DESIGNA TED AS "BWE" (BLOCK WALL EASEMENT).

5. TEMPORARY TURNAROUND EASEMENTS IN FA VOR OF THE CITY OF VISALIA AS SHOWN HEREON AND DESIGNA TED AS 'TTE" (T EMPORAR Y TURNAROUND EASEMENT).

6. SIDE WALK EASEMEN T FOR SIDEWALK PURPOSES, IN FA VOR OF THE CITY OF VISALIA AS

SHOWN HEREON
WOODSIDE 06N, LP, A CALIFORNIA LIMITED PARTNERSHIP
2%22 ééﬂyzso Swan,
B Y.’ TITLE: B Y.’ TITLE:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA/COUNTY OF TULARE
o~ MG. $.10”, BEFORE ME, S. WBA- STFWG' ,ANOTARYPUBLIC

PERSONALLYAPPEARED, MATT SWTH WHO PROVED TO ME

ON THE BASIS OF SA TISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENTAND ACKNOWLEDGED TO ME THAT , HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND

THA T BY HIS/HER/THEIR SIGNA TURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CER TIFY UNDER PENALTY OF PERJUR Y UNDER THE LA WS OF THE STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.

SIGNATURE ‘ 3 ~ LE‘IBh' STRONG-

PRINT NAME
MY COMMISSION EXPIRES: DECE “959- ‘: 7-023 23131085
COMMISSION N0.

PRINCIPAL PLACE OF BUSINESS: FRESNO COUNTY

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA/COUNTY OF TULARE

ON , BEFORE ME, , A NOTARY PUBLIC
PERSONALL YAPPEARED, ______________________________________ WHO PROVED TO ME

ON THE BASIS OF SATISFACTORY E VIDENCE TO BE THE PERSON(S) WHOSE NAME(S)

IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENTAND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN H/S/HER/THEIR AUTHORIZED CAPACITY(IES), AND

THATBYHIS/HER/THEIR SIGNA TURE(S) ON THE INS TRUMEN T 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 STA TE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORREC 7'. WITNESS MY HAND.

SIGNA TURE

PRIN T NAME
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COMMISSION N0.

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HIGHLAND PARK UNIT NO. 1LOT 3 OF SHANNON RANCH EAST, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40 OF MAPS, AT PAGE 46, TULARE COUNTY RECORDS, EXCEPTIN G THEREFROM THOSE PORTIONS OF SAID LAND AS SHOWN ON DEDICATIONS OF:

PARCEL MAP 4554, FILED IN BOOK 46, PAGE 59 OF PARCEL MAPS, OFFICIAL MAP OF SHANNON RANCH EAST SUBDIVISION MAP, FILED IN BOOK 40, PAGE 46 OF MAPS, IRREVOCABLE OFFER OF DEDICATION, RECORDED FEBRUARY 10, 2003 AS INSTRUMENT NO. 2003-0011275, SAID DEDICATIONS WERE ACCEPTED IN THE FOLLOWING RESOLUTIONS5 RESOLUTION 2005-52, RECORDED MAY 2, 2005 AS INSTRUMENT NO. 2005-0045469 RESOLUTION 2007-24, RECORDED MARCH 26, 2007 AS INSTRUMENT NO. 2007-0028982 RESOLUTION 2007-91, RECORDED NOVEMBER 28, 2007 AS INSTRUMENT NO. 2007-0103602 RESOLUTION 2007-90, RECORDED NOVEMBER 28, 2007 AS INSTRUMENT NO. 2007-0103603 SITUATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN.

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§ § 9‘ IIE CITY OF VISALIA {93. E 1
§ TULARE COUNTY, CA '2' "3°
3 2 VICINITY MAP
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RIGGINAVENU J

FLOOD HAZARD ZONE EASEMENT/DOCUMENT LIST
AS DEL/NEA TED ON THE FEDERAL EMERGENCY MANA GEMENTAGENCY’S FL 000INSURANCE RATE MAP (MAP NO. 0610700930EAND MAP N0. 00107009355) FORCOMMUNITY NO. 000409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA EFFECTIVEJUNE 15,2009, THE PROPERTY SHO WN ON THIS MAP LIES WITHIN ZONEX (SHADED) .WHICH ARE AREAS OF 0.2% ANNUAL CHANCE FLOODING. THE 1% ANNUAL CHANCE @ ,Eigéﬁgg 222057523?“ PURPOSES RECORDED FEBRUARYZg’ 1930FLOODPLAIN BOUNDARY, BASE FLOOD ELEVAT/ONLINESAND VALUESAND THE ' ’CALCULA TED MINIMUM FINISH FLOOR ELEVA TIONS ARE SHOWN FOR THE PORTIONSOF THIS MAP THAT LIE WITHIN THE SPECIAL FLOOD HAZARD AREA.

RESOL U TION AUTHORIZING ACCEPTANCE OFAN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 5/2/05 AS DOC. NO. 2005-0045469, 0.R. T.C.

RESOLUTION AUTHORIZING ACCEPTANCE OFAN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 3/26/07, AS DOC. NO. 2007-0028982, 0.R. T.C.

RESOLUTION AUTHORIZING ACCEPTANCE OFAN IRREVOCABLE OFFER TO THE1 STELAN D $CAP E AND L GHT ‘ “6 9‘ “'1. CITY OF VISALIA PER DOC. REC. 11/28/2007, AS DOC. N0. 2007-0103603, O.R.T.C.

ALLTHEREH momzﬂwaubro INTHE BOUNDARIES OF
77455030110510»! SIMWN UPON ms MAPIS madam m
”ASSESSMEM’DISRICT m. 21-04, cm'ar 0mm, TULARE
rowrv, CALIFORNIA'ESTABUS Ha) mwa To me
LANDSCAPE AND LI6HTIN6ACTOF I972 .

CURVE TABLE
CURVE # DEL TA LENGTH RADIUS
01 900000” 31.42'
02 40°95'25" 10.90
03 41°24'35"
04 90°00'00" 31.42'
05 41°24 '35" 14.40
05 °35’25” 16.96'
07 90 0000' 31.4?
C8 48°35'25" 16.96' 20.00'
09 C 10 °00'00'
C 11 1°24'35"
0 12 48°35'25"
0 13

RESOLUTION AUTHORIZING ACCEPTANCE OFAN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 2/10/2003 AS DOC. N0. 2007-0103602, 0.R. T.C.

CURVE TABLE
30°0126" 26.20'
--

CURVE TABLE

22°55'54" 20.01’
7 °05'32" 6.1.9'

41°24 '35" 14.46' 20.00'

31.42' 20.00'

A 14.46'

16.96'

26.18'

20. 00'

20.00'

50. 00' 29°59'43"

“ CITY MANAGER/CITY CLERK
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SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED B Y ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVE Y

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACTAND LOCAL ORDINANCE AT THE REOUES T OF WOODSIDE HOMES OCTOBER 2019. AND SAID FIELD S URVE Y IS TRUE AND COMPLETE AS SHOWN. IHEREBYSTA TE THAT THIS FINAL MAP SUBSTANTIALLYCONFORMS TO THE CONDITIONALL YAPPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY, 0R WILL OCCUPY, THE POSITIONS INDICA TED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, 0R WILL BE, SUFFICIENT T0 ENABLE THE SURVEY TO BE RETRACED. / * 70/2:RANDYD. WASNICK P.L.8. 8163 DA TE

CITY SURVEYOR'S STATEMENT
IHEREBY STA TE THATI HA VE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS ITAPPEARED ON THE TENTA TIVE MAP, AND ANYAPPROVED ALTERA TIONS THEREOF; THATALL OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP

ACTAND AN Y LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPRO VAL OF THE TENTA TIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT] AM SATISFIED THAT THIS MAP IS TECHNICALL Y CORRECT.

P.L.S. 8634

. LAND

CITY PLANNER'S STATEMENT

IHEREBY STA TE THAT THIS FINAL MAP CONFORMS TO THE TENTA TIVE SUBDIVISION MAP PR VED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 2 7 2006,

PA UL BERNAL,

CITY PLANNER

CITY CLERK'S STATEMENT

THIS IS TO STA TE THATATA REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THIS EH DAYOF 3W , 20 67. I , AN ORDER WAS DUL YAND REGULARLYMADE

AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC, ACCEPTING SUBJECT TO IMPROVEMENT", THE PUBLIC STREETS, LOTS A THRU E, AND ACCEPTING THE

PUBLIC UTILITY EASEMENTS, TURNAROUND EASEMENTS, SIDEWALK EASEMENTS, AND THE BLOCK WALL

EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN UPON THIS MAP.

CHI DEPUTY CITYERK

BOARD OF SUPERVISOR'S STATEMENT
I, JASON 7'. BRITT, COUNTYADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS

OF THE COUNTY OF TULARE, STA TE OF CALIFORNIA, DO HEREBY STA TE THAT THE SAID BOARD

OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PA YMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STA TE OF CALIFORNIA.
.‘h _
DA TED THISJQ DAY OF Bag}; 2021.

JASON 7'. BR/TT

COUNTYADMINISTRA TIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS DEPUTY

RECORDER'S STATEMENT
DOCUMENTNO. 2021voo 53 37.3 FEEPAID 4‘ 8 5-0" q A
FILEDTHIS I17“ DAYOF AM kugr ,20 7.] ,AT__:_ .,
IN VOLUME 4:4 OF MAPS, ATPAGE Z 6 TULARE COUNTY RECORDS,AT THE REQUES T 0F 4 CREEKS, INC.
/

TARA FREITAS TULARE COUNTYASSESSOR/CLERK-RECORDER
814':le £222£4¥
DEPUTY
PREPARED BY:
324 S. SANTA FE ST., STE. A
&% P.O. BOX 7593
VISALIA, CA 93292
W TEL: 559.802.3052
FAX: 559.802.3215
SHEET 1 OF 2
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GIDDINGS
STREET

HIGHLAND PARK,UNITNO.1LOT 3 OF SHANNON RANCH EAST, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40 OF MAPS, AT PAGE 46, TULARE COUNTY RECORDS, EXCEPTING THEREFROM THOSE PORTIONS OF SAID LAND AS SHOWN ON DEDICATIONS OF:

PARCEL MAP 4554, FILED IN BOOK 46, PAGE 59 OF PARCEL MAPS; OFFICIAL MAP OF SHANNON RANCH EAST SUBDIVISION MAP, FILED IN BOOK 40, PAGE 46 OF MAPS; IRREVOCABLE OFFER OF DEDICATION, RECORDED FEBRUARY 10, 2003 AS INSTRUMENT NO. 2003-0011275, SAID DEDICATIONS WERE ACCEPTED IN THE FOLLOWING RESOLUTIONS: RESOLUTION 2005-52, RECORDED MAY 2, 2005 AS INSTRUMENT NO. 2005-0045469; RESOLUTION 2007-24, RECORDED MARCH 26, 2007 AS INSTRUMENT NO. 2007-0028982; RESOLUTION 2007-91, RECORDED NOVEMBER 28, 2007 AS INSTRUMENT NO. 2007-0103602; RESOLUTION 2007-90, RECORDED NOVEMBER 28, 2007 AS INSTRUMENT NO. 2007-0103603 SITUATED IN A PORTION OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN.

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LEGEND

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SEDONA AVENUE Iz 58'
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PER SHANNON RANCH 3, UNITS 13 3 14

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. LOT CORNERS AND POINTS OF CURVA TURE ' THEREFROM)
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FROM TRUE CORNER ALONG PROPERTY LINE

BWE BLOCK WALL EASEMENT
RECORD DA TA PER SHANNON RANCH 3, UNITS 13 &
() 14, RECORDED IN VOL. 43 0F MAPS, ATPAGE 77 PUE PUBLIC U TILITY EASEMENT T.C.R. (0R CALCULA TED THEREFROM)

TTE TEMPORARY TURNAROUND EASEMENT

RECORD DA TA PER FA/RVIE W PARK N0. 1
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MAPS, ATPAGE 11, T.C.R. (0R CALCULA TED
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FD. BRASS DISC FLUSH IN CONCRETE, STAMPED "PLS 8006 "
AS SHOWN ON PM NO. 4928, RECORDED BK. 50, PG. 33, T.C.R.

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BASIS OF BEARINGS
0F SHANNON RANCH 3, UNITS 13 AND 14, RECORDED IN VOLUME 43 0F MAPS, ATPAGE 77, TULARE COUNTYRECORDS

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F0. 130 STAMPED "011/. OF HWYS. '
IN HWY. WELL, ACCEPTED AS
SE COR. SECT. 18-18/25
324 S. SANTA FE ST., STE. A
PO. BOX 7593 VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
SHEET 2 OF 2
TSM 5509

THE CENTERLINE OF SEDONA AVENUEAS SHOWN ON THE MAP

201
202
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0464 Agenda Date: 12/4/2023 Agenda #: 10.

Agenda Item Wording:

Notice of Completion Highland Park 2 - Request authorization to file a Notice of Completion for Highland Park, Unit No. 2 subdivision containing 49 single-family residential lots located at the northeast corner of North Giddings Street and West Riggin Avenue.

Deadline for Action: 12/4/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Sarah MacLennan, Assistant Engineer, [email protected] <mailto:[email protected]>, (559) 713-4271
Jason Huckleberry, Assistant Director Community Development, [email protected] <mailto:[email protected]>, (559) 713-7795 Paul Bernal, Community Development Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that City Council authorize the filing of a Notice of Completion for Highland Park, Unit No. 2 subdivision.

Summary:

All the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. Highland Park, Unit No. 2 subdivision was developed by Woodside Homes and contains 49 single family residential lots.

The developer has submitted a maintenance bond in the amount of $83,660.95 as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

Background Discussion:

City Council authorized the recording of the final map for Highland Park, Unit No. 2 subdivision on April 18, 2022. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.

Fiscal Impact:

By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such Visalia City Council Printed on 12/1/2023Page 1 of 2
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File #: 23-0464 Agenda Date: 12/4/2023 Agenda #: 10.
maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Prior Council Action:
· On April 18, 2022, the City Council authorized the recordation of the final map for Highland Park, Unit No. 2 subdivision.
· On February 11, 2022, the City Council authorized the formation and assessment of Landscape and Lighting Assessment District No. 21-04.

Other:
· On May 26, 2020, Finding of Consistency No. 2020-001 was approved by the Planning Commission allowing minor modifications to the public street design and phasing of the tentative map.
· On August 26, 2013, CUP No. 2012-27 was approved by the Planning Commission to amend previously approved CUP No. 2006-03; revising development standards and dwelling types of the previously approved PUD in the RM2 zone.
· On February 27, 2006, the tentative subdivision map for Highland Park at Shannon Ranch subdivision (TSM No. 5509) and associated Conditional Use Permit (CUP) No. 2006-03 were approved by the Planning Commission.

Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of Notice of Completion for Highland Park, Unit No. 2.

Environmental Assessment Status:

Negative Declaration No. 2006-08 was adopted February 27, 2006 - Environmental Document No. 2006-033
CEQA Review:

Negative Declaration No. 2006-08 was adopted February 27, 2006 - Environmental Document No. 2006-033
Attachments:

1. Aerial Map

2. Final Map

3. Disclosure Development Project - Notice of Completion Visalia City Council Printed on 12/1/2023Page 2 of 2
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207
208
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0469 Agenda Date: 12/4/2023 Agenda #: 11.

Agenda Item Wording:

Consideration of state grant - Authorize the Visalia Police Department to apply for the State Homeland Security Grant Program for up to $500,000 towards the purchase of a replacement vehicle for the Central Valley Regional Bomb Squad.

Deadline for Action: 12/4/2023
Submitting Department: Police Department
Contact Name and Phone Number:

Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]> Department Recommendation:

Authorize the Visalia Police Department to apply for the State Homeland Security Grant (SHLSG) for up to $500,000 towards the purchase of a replacement vehicle for the Central Valley Regional Bomb Squad as a sub-recipient through Tulare County and submit the application by December 8, 2023.

The Grant is effective from September 2024 through August 2026.

Summary:

The vehicle used by the Central Valley Regional Bomb Squad is in need of replacement due to the age of the vehicle, demands of the team, and recurring mechanical issues. A new vehicle specifically designed for the needs of a modern bomb squad costs an average of $400,000 to $700,000. Staff have researched numerous methods to fund the purchase of a bomb squad vehicle and discovered that those options are limited although the State Homeland Security Grant Program (SHSGP) could provide funding for up to $500,000. This type of purchase meets the requirements of the SHSGP focus areas and serves as a truly regional project.

Background Discussion:

The Central Valley Regional Bomb Squad is an FBI certified Level 3 bomb squad. To meet the certification requirements of a Level 3 bomb squad, the team must be capable of handling small to moderate incidents. The team must also consist of at minimum two fully certified bomb technicians who have successfully completed a six-week Hazardous Devices school, six-week Weapons of Mass Destruction school, and 40 hours continuous training annually. The team is comprised of three members from the Visalia Police Department, three from the Tulare County Sheriff’sOffice, and one from the Kings County Sheriff's Office. The Bomb Squad provides coverage for both Tulare County and Kings County, which is a total of 6,254 square miles and encompasses state and federal land.

Although the Visalia Police Department is the primary agency, purchases for equipment are made and shared by each participating agency.

The Central Valley Regional Bomb Squad is the only FBI certified bomb squad operating in Tulare Visalia City Council Printed on 12/1/2023Page 1 of 3
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File #: 23-0469 Agenda Date: 12/4/2023 Agenda #: 11.

The Central Valley Regional Bomb Squad is the only FBI certified bomb squad operating in Tulare and Kings County. Fresno County currently has three separate FBI certified bomb squads and Kern County currently has two FBI certified bomb squads. In total, there are 48 FBI certified bomb squads operated by state and local law enforcement agencies in California. The presence of the Central Valley Regional Bomb Squad in Tulare & Kings Counties provides a valuable resource for incidents that occur locally by significantly reducing the response time, containment time, and impacts on patrol responders that would be greatly increased if we were reliant on a response team from either Fresno or Kern Counties.

The Bomb Squad is called upon to assess improvised explosive devices and explosive ordinances for local, state, and federal agencies. As of November 2023, there have been 25 call-outs for 2023 year-to-date where the Bomb Squad has been called out 25 times to investigate and safely dispose of explosive devices/materials. The Central Valley Regional Bomb Squad provides reliable coverage to the many residents and visitors of both counties.

Central Valley Regional Bomb Squad Call Outs
Jurisdiction2023 2022 2021 2020 2019 2018 2017
Tulare 2 0 1 0 0 2 1
Hanford 2 2 0 1 0 1 0
Lemoore 1 0 1 0 0 0 0
Visalia 5 3 0 2 1 2 3
Porterville 0 1 2 1 1 0 0
Avenal 0 0 0 1 0 0 0
Dinuba 0 0 0 0 1 1 1
Kern County1 0 0 0 0 0 0
Kings County4 0 0 1 1 0 1
Kingsburg 0 0 0 0 1 0 0
Tulare County10 4 1 5 0 0 2
Total 25 10 5 11 5 6 8
The current vehicle used by the Central Valley Regional Bomb Squad is a 1993 GMC Top Kick. It is a two-wheel drive CAT diesel powered recreational vehicle with a two-person front cab and has 97,000 miles driven on it. Prior to being purchased by the Visalia Police Department, this vehicle was originally used to tow and service stock race cars. The Top Kick was then modified by the Bomb Squad to hold the various tools used by the team. The vehicle includes a large camper type enclosure on the rear with storage cabinets, a small desk, two bucket seats, and an on-board gas- powered generator. Though the vehicle has worked well for many years, it is showing significant indicators of use. Due to its age and mileage, the Top Kick is regularly serviced by the City of Visalia Fleet Division.

The Top Kick serves as a mobile office where images of an improvised explosive device are studied, and information is discussed as a team. Each team member has unique experiences, training, and knowledge that is shared to formulate the safest plan of action. Currently, team members must rotate through the Top Kick to see the images captured via an onboard x-ray machine and information Visalia City Council Printed on 12/1/2023Page 2 of 3
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File #: 23-0469 Agenda Date: 12/4/2023 Agenda #: 11.
developed during the diagnosis process due to lack of sufficient space.

A new vehicle specifically designed for the needs of a modern bomb squad costs an average of $400,000 to $700,000 and comes with many beneficial upgrades. A dual-cab chassis truck would allow members of the team to ride together to callouts and training functions, rather than taking multiple vehicles to one scene. Riding together in one vehicle is ideal because it allows members to discuss the specifics of the call out together and develop a plan. Furthermore, it reduces the numbers of vehicles entering a hazardous area. Currently, the team’srobots and necessary equipment are housed in a tow behind trailer that also carries the bomb containment vessel. The bomb containment vessel is only used on a case-by-case basis to safely transport explosive material that cannot be rendered safe at a scene. A new vehicle comes standard with a large interior camper that can be customized to accommodate the needs of the team. This would equip the team with the ability to house the robots and necessary equipment, permanently inside the vehicle; reducing the need to bring the containment trailer unless the situation warranted it.. Modern diesel engines are also held to increasingly stringent emissions standards, new diesel engines significantly reduce CO2 emissions and fuel consumption. Even with the purchase of a new bomb truck, the bomb containment vessel trailer is a vital piece of equipment that the bomb squad would need to maintain.

Fiscal Impact:

The Grant budget can consist of equipment, staff overtime, and supplies. If awarded, Visalia Police Department staff will return to Council for authorization to accept the grant and a comprehensive plan for expenditure of the funds. The Department is also working with our partner agencies to secure additional grant funding or other funding sources to cover the total cost of the project should it exceed what is awarded through the Tulare County SHSGP. There is no cost share or match requirement, and grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated.

Prior Council Action: None.

Other: N/A
Alternatives: Do not authorize the Visalia Police Department to submit the grant application.

Recommended Motion (and Alternative Motions if expected):

Authorize the Visalia Police Department to apply for the State Homeland Security Grant Program (SHSGP) for up to $500,000 as a sub-recipient through Tulare County and submit the application by December 8, 2023.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: None.

Visalia City Council Printed on 12/1/2023Page 3 of 3
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0470 Agenda Date: 12/4/2023 Agenda #: 12.

Agenda Item Wording:

Street Light On Call Contract - Authorize the City Manager to award an annual contract for On-Call Electrical Services for Street Light Repairs to A-C Electric Company of Visalia for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Deadline for Action: 12/4/2023
Submitting Department: Public Works
Contact Name and Phone Number:

Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation:

Staff recommends that Council authorize the City Manager to award an annual contract for RFB 22- 23-71 - On-Call Electrical Services for Street Light Repairs to A-C Electric Company of Visalia, CA for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Background Discussion:

The Traffic Safety Division provides routine maintenance and supporting operation of approximately 2,000 overhead streetlights throughout the City. However, in the event of knock downs or damage, the City does not own the necessary and appropriate equipment to lift light poles into place, or to construct new pole foundations when required.

In October 2023, Staff solicited RFB 22-23-71 for On-Call Electrical Services for Street Light Repairs.

This contract augments the Traffic Safety operation by providing effective, appropriate repair services for street lighting and electrical disturbances in the public right of way in emergency traffic-safety situations. This work generally takes place after the initial response of the City’spublic emergency response services, and the accident site has been cleared by staff. The City maintains a limited supply of light poles and street lighting equipment, and this contract also requires the contractor to maintain a certain supply of standard replacement equipment to facilitate prompt repair or replacement of damaged property. Traditionally, the City has bid this work in conjunction with repairs to traffic signals, but with the historically limited number of bidders interested, or capable, of working on the complexities of traffic signals, staff separated these contracts in hopes of attracting more bidders that may be interested/capable of repairing street lights alone.

On November 9, 2023, bids were received and publicly opened, with only one bid received. The bid received was submitted from A-C Electric Company of Visalia, CA.

A-C Electric’sbid was submitted on time and met all the RFB’srequirements. A-C Electric has performed numerous projects for the City of Visalia and was the holder of the prior contract before its Visalia City Council Printed on 12/1/2023Page 1 of 2
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File #: 23-0470 Agenda Date: 12/4/2023 Agenda #: 12.
expiration earlier this year.

Fiscal Impact:

Funding for these services is budgeted within the Traffic Safety Maintenance Division (3126) in the approximate amount of $130,000. The bid amount was based on various items and estimated quantities to establish unit pricing that can be used as issues arise. While the total bid amount of $891,450 is much higher than the amount budgeted under this account, not all items of work will be performed every year, or necessarily in the quantities estimated. The nature of this contract is unpredictable and is traditionally utilized in response to traffic accidents. When applicable, restitution will be sought to cover the cost of the repairs. Ultimately, the unit prices for individual items of work will be utilized and billed accordingly for work that is performed. Based on historical expenditures, a contract not to exceed $160,000 per year is being requested. Any expenditures exceeding the budgeted $130,000 are anticipated to come from separately budgeted and related capital improvement projects (CIP). Staff will address any budget shortfall within the fiscal year if such occurs.

Prior Council Action:
09/04/2018
Authorize the City Manager to award an annual contract for RFB 17-18-64, On Call Emergency Electrical Services for Traffic Signals and Street Light Repair.

Alternatives:

Reject all bids. City Staff would then be responsible for repair/replacement, rental of equipment, and purchasing additional materials needed for repairs on an emergency basis, taking away from daily routine maintenance duties.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract for RFB 22-23-71 - On Call Electrical Services for Street Light Repairs to A-C Electric Company of Visalia, CA for an amount not to exceed $160,000 per year, with an option to renew annually for up to four (4) additional one-year terms
Attachments:

RFB 22-23-71
Bid Summary
Contract
Visalia City Council Printed on 12/1/2023Page 2 of 2
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CITY OF VISALIA, CALIFORNIA
REQUEST FOR BID (RFB) NO. 22-23-71

ANNUAL CONTRACT

ON-CALL ELECTRICAL SERVICES FOR STREET LIGHT REPAIRS

BID SUBMITTAL DEADLINE:

THURSDAY, NOVEMBER 9, 2023 @ 2:00 P.M.

The City of Visalia expr essly 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 CONTRACT: This is a Public Works Maintenance Contract and therefore is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Lab or Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached ). All Bidders and all listed subcontractors must be currently registered with the California Department of Industrial Relations (DIR) and must maintain c urrent registration for the life of the contract.

Advertised: October 10, 2023
October 17, 2023
214
RFB NO. 22-23-71
Annual Contract for On-Call Electrical Services for Street Light Repairs

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Visalia City CouncilDecember 4, 2023

Visalia City Council
December 4, 2023