Agenda packet — Visalia City Council, December 18, 2023 (part 1 of 12)

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Brian Poochigian, Mayor
Brett Taylor, Vice Mayor
Steve Nelsen, Council Member
Emmanuel Hernandez Soto, Council Member
Liz Wynn, Council Member
Monday, December 18, 2023 7:00 PM City Hall Council Chambers

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 and items listed on the Closed Session. 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. Westside Farming Operations - Consideration of staff recommendations regarding the City owned orchard properties located at the Water Reclamation Facility.
23-0505
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

1. CVC Varsity Football Team, State Champion Winners 23-0500

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1 Visalia City Council Meeting Agenda - Final December 18, 2023

2. City of Visalia, Centennial Recognition
Deck The Home, Visalia’s Holiday Decorating Contest Winners 23-0370

PUBLIC COMMENTS
This is the time for people to comment on matters 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 the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar.

People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. 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 by a City Council Member 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. 23-0428

2. Environmental Impact Report Consultant Contract: - Authorize the City Manager to award a contract for Professional Services to Dudek of Bakersfield in the amount of $654,085.00 for the preparation of the Storm and Sewer Master Plan Environmental Impact Reports; authorize the appropriation of $365,000 from Wastewater Trunkline Fund (231), $247,000.00 from Storm Sewer Construction Fund (221), $166,000.00 from Storm Sewer
Deficiency Fund (222), and $3,000 from Storm Sewer Maintenance Fund (481).
23-0455

3. Traffic Grant Authorization: Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) for FY 2024-25 Grant for an estimated amount of $200,000 and submit the application by the 1/31/2024 deadline.
23-0460

4. Baker Tilly Consultant Contract - Authorize the City Manager to execute agreements for the award of a contract for to Baker Tilly US, for professional services for the preparation of the Consolidated Plan (ConPlan) federal program years 2025-2029, an updated Analysis of Impediments to Fair Housing Choice (AI), and a Housing Condition Windshield Survey.
23-0474

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2 Visalia City Council Meeting Agenda - Final December 18, 2023

5. Fire Line Repair Funding - Authorize the appropriation of $20,000.00 from the Golf Fund for fire service line repair at the Valley Oaks Golf Course.
23-0475

6. Youth Non-Profit Grant Awards - Review and Approval of the Citizens Advisory Committee’s recommendations for the 2024 Youth Non-Profit Grant Awards.
23-0476

7. Power Design Electric Contract For Four Parks - Authorize the City Manager to award contract for supply and installation of solar lighting at Riverbend, Houk, Pinkham, and Constitution Parks, not to exceed $95,600.
23-0477

8. 2022/23 Impact Fee Report - Request for City Council to receive, review, and file the 2022/23 Impact Fee Report as required by State Law.
23-0430

9. Special Events Ordinance - Second reading and adoption of Ordinance 2023-12 amending Visalia Municipal Code Section

12.48 Special Events.
23-0485

10. Fleet Maintenance Management Software - Authorize the City Manager to award a 5-year sole-source contract in the amount of $124,044.84 to AssetWorks LLC. for annual maintenance and support of the Fleet Focus software.
23-0487

11. Fleet Paint and Body Repair Contract - Authorize the City Manager to award an annual contract for vehicle and equipment paint and body services to Dura-Glo Paint and Body Inc. for Request for Bid (RFB) #22-23-73. Contract not to exceed $250,000 per year, with an option to renew annually for up to four (4) additional one-year terms.
23-0488

12. Letter of support for Kaweah Delta Water Conservation District - Consider confirmation of a letter of support for Kaweah Delta Water Conservation District’s application for the Kaweah Subbasin Multi Benefit Land Repurposing Program.
23-0437

13. Wastewater Treatment Plant - Near-Term Project Engineering Services - Authorize the City Manager to award an emergency contract to Carollo of Fresno, CA in the amount of $887,200 for the engineering services related to the identified near-term project improvements required to support ongoing operations at the Water Reclamation Facility. Also, authorize the appropriation of $975,000 from the Wastewater Enterprise Fund (431).
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3 Visalia City Council Meeting Agenda - Final December 18, 2023

14. Goshen Community Services District - Request for Additional Sewer Discharge Capacity - Approve a request from the Goshen Community Services District (GCSD) to increase sewer discharge capacity that is permitted under the June 5, 1995 Wastewater Service Agreement between the City and the GCSD.
23-0490

15. Appropriate up to $50,000 for the Public Opinion Survey - Authorize the City Manager to award a contract to Fairbank, Maslin, Maullin, Metz & Associates to conduct a statistically valid survey of Visalia City residents for up to $50,000 and to appropriate the same amount from the General Fund for this survey.
23-0499

16. Assistant City Manager Appointment - Request by City Manager for Council confirmation of the appointment of John Lollis to be the Assistant City Manager for the City of Visalia at a salary of $204,000.
23-0501

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

1. Belissa Subdivision Annexation - Public hearing and
consideration of the following actions:

1. Adopt Initial Study / Mitigated Negative Declaration No. 2022 -39 for Annexation No. 2022-02, Belissa Tentative
Subdivision Map No. 5587, Conditional Use Permit No. 2022 -05, and Conditional Use Permit No. 2023-22 (Resolution No. 2023-62 required); and

2. Initiation of Proceedings for Annexation No. 2022-02, a request by 4Creeks, Inc. to annex two parcels totaling
approximately 59.84 acres into the City Limits of Visalia, located at the northwest corner of North Demaree Street and West Pratt Avenue within the jurisdiction of the County of Tulare (APN: 077-050-018, 019) (Resolution No. 2023-63
required); and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements; and

4. Authorize the City Manager to sign and enter into a
Pre-Annexation Agreement.
23-0461

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4 Visalia City Council Meeting Agenda - Final December 18, 2023

2. County Island Annexation - Public Hearing and consideration of the following actions related to Annexation No. 2023-03 for two County Islands located on the northeast corner of North Akers Street and West Ferguson Avenue and the west side of North Linwood Street between West Ferguson and West Delaware
Avenues:

1. Initiation of proceedings for Annexation No. 2023-03, a request by the City of Visalia to annex the remaining 35.76 acres of two County Islands into the City Limits of Visalia (Resolution No. 2023-61); and

2. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements.
23-0491

3. Housing Element Public Hearing and Adoption - A request by the City of Visalia to adopt the update to the 6th Cycle General Plan Housing Element in accordance with State Government Code Section 65580, et seq., including updates to the Housing Element’s background information report, goals, policies, and implementation programs. The 6th cycle Housing Element will serve an eight-year planning period from December 31, 2023 to December 31, 2031.

The project area is contained within the City of Visalia’s Urban Development Boundaries that are illustrated in the Visalia General Plan. The requested action is considered exempt under Section 15061 (b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).
23-0480

CLOSED SESSION REPORT

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1. For the purposes of reporting out, for the record, transactions that occurred as a result of Closed Session Real Property Negotiations:

Buyer: City of Visalia
Seller: Frank L. Costa III and Karen E. Costa, trustees of the Frank and Karen Costa 1999 Family Trust
APN: 126-130-026 (portion)
Purpose: Caldwell Widening Project - Santa Fe to Lovers Lane Brief Description: Right of Way and Temporary Construction Easement
Price: $28,000.00
Closing Date: 12/13/2023
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
Buyer: City of Visalia
Seller: F & M Farms, LP
APN: 126-130-027 (portion)
Purpose: Caldwell Widening Project - Santa Fe to Lovers Lane Brief Description: Right of Way and Temporary Construction Easement
Price: $44,760.00
Closing Date: 12/14/2023
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
Buyer: City of Visalia
Seller: Bernard Allen teVelde and Rebecca Dee teVelde, Trustees of the 2000 teVelde Family Trust dated October 1, 2000.

APN: 126-130-013 (portion)
Purpose: Caldwell Widening Project - Santa Fe to Lovers Lane Brief Description: Right of Way and Temporary Construction Easement
Price: $142,500.00
Closing Date: 12/14/2023
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
Buyer: City of Visalia
Seller: Twigge Oaks LLC, a Nevada Limited Liability Company APN: 126-130-018
Purpose: Caldwell Widening Project
Price: $90,500.00
Closing Date: 11/14/2023
Closed Session Council Date: 6/5/2023
Project Manager: Eric Bons
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6 Visalia City Council Meeting Agenda - Final December 18, 2023

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. UPCOMING CITY COUNCIL MEETINGS:

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 18, 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.
23-0366

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7 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0505 Agenda Date: 12/18/2023 Agenda #: 1.

Agenda Item Wording:

Westside Farming Operations - Consideration of staff recommendations regarding the City owned orchard properties located at the Water Reclamation Facility.

Deadline for Action: 12/31/2023 - Current Farm Management Contract Ends Submitting Department: Administration
Contact Name and Phone Number:

Leslie Caviglia, City Manager, [email protected], (559) 713-4332 Department Recommendation:

Staff recommends that City Council receive a report and presentation that provides the current state of the City owned orchards located at the Water Reclamation Facility, generally located east of Road 68 at Avenue 288 west of State Route 99 This report will provide information on the current state of the farmland, and the following recommendations:

1. Stop farming the 131 acres of walnuts, put the land out for a long term lease that would result in no use of the City’s GSA water allotments, and would include removal of the trees by the lessee. This lease could be for a farming or other type of operation that would be compatible with the Waste Water Treatment Plant.

2. Continue farming the 443 acres of pecans under the current contract with Jeb Hedrick for 2024, continued to use recycled water on this orchard as appropriate, put out an RFP for a farming manager starting at the conclusion of the 2024 harvest, conduct well and pump assessments to determine what actions may be required, and assess options for long term effective and efficient delivery of the recycled water to this orchard. Because of the water uncertainty, staff does not recommend considering a long-term lease on the pecans at this time. Once more is known about the status of the Mid and Greater GSA’s

3. Put the 408 acres of row crop land out for a contract for a use that would result in no use of the City’s GSA allotments. This lease could be for a farming or other type of operation that would be compatible with the Waste Water Treatment Plant.

4. Authorize staff to assess short and long term options for the land on an on-going basis, including, but not limited to, farming, solar panels, recreation, short term storage and other uses that would minimize water use, dust and control weeds.

These recommendations are based on the recent production and income figures from the land, and the outlook for the future of the current uses, and, most importantly, the uncertain situation associated with water use given that these lands are part of an severely overdrafted basin and are part of a Groundwater Sustainability Agency (GSA) that does not have an approved Groundwater Sustainability Plan and therefore the water situation remains in flux going forward. The report will provide a general overview of the current state of the City land as of the conclusion of 2021. and full production, revenue and expense information from 2022 is being confirmed and will be provided during the work session, as well as any information available for the 2023 season. Since harvest on Visalia City Council Page 1 of 10 Printed on 4/26/2024
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during the work session, as well as any information available for the 2023 season. Since harvest on both walnuts and pecans is done in the fall, these numbers are just being compiled.

Background Discussion:

Since the 1960’s, the City has been farming various areas of City-owned land within and around the City of Visalia. Over time, many of the orchards and row crop have been removed, land sold, or farming has ceased due to various reasons. Remaining, the City currently has 408 acres leased to Koetsier Dairy for row crops, 131 acres in Walnuts, and 443 acres in Pecans surrounding the Water Reclamation Facility. The row crop land is a short-term lease and at the time of this staff report, some of the land is being prepared for potential dry land farming. This report is intended to provide City Council the necessary background in order to make a sound decision regarding farming and the use of the land surrounding the Water Reclamation Facility.

Current Contract with Jeb Headrick Farming:

On February 19th of 2019, the City of Visalia entered into a contract for farm management services with Jeb Headrick Farming. The purpose of this was to perform a short-term action plan in an effort to get the acreage into a healthy state of growth. In addition, the contract was used to bridge the City until a formal request for proposal (RFP) was completed. At that time, the contract involved various parcels located on the west side of Visalia, including 983 acres around the Water Reclamation Facility (408 acres leased outright to Koetsier Dairy for row crops, 131 acres in Walnuts, and 443 acres in Pecans), 203 acres on the east side of Visalia where the future East Side Regional Park is to be located, and 17 acres of walnuts along Highway 198 managed by Sciacca Farms. Due to unusual circumstances, an informal proposal process was performed, and the Jeb Headrick Farming contract expired in March of 2021; however, both parties agreed to continue month-to-month with a not to exceed $1,000,000 per year.

Staff returned to City Council at the February 16th 2021 City Council meeting with an update on the City-owned farm land and farming operations. At this meeting, Staff informed City Council that the 203 acres on Road 152 and Mineral King Avenue ceased farming in 2019 due to the development of the basins at the East Side Regional Park. The 17 Acres along Highway 198 at Shirk Street was sold to a local developer for residential homes and a scenic setback. This left only the land around the Water Reclamation Facility being managed by the Jeb Headrick Farming contract (See Exhibit 1).

Staff further updated City Council on the effort Jeb Headrick Farming provided for the walnut and pecan orchards located at the Water Reclamation Facility. This land was brought back to industry standards however neither orchard has yielded the anticipated revenue to date due to a variety of circumstances.

The current farm management contract with Jeb Headrick Farming is a year-to-year agreement.

Standard practice is to seek a long-term contract by securing a one-year contract with four additional single year extensions. This is done to secure the associated cost and obtain the best pricing available. In order to be consistent with procurement policies and procedures a request for proposals was issued in late 2021 and proposals were received in early 2022. Staff has yet to recommend to City Council a proposal because of so many factors that have been in flux as identified within this report. Given all of the changes, staff is recommending that the request for proposals be re-issued if Council concurs with staff’
Farming Challenges/Considerations:

After completing most of the RFP process and discovering the financial sustainability concerns, staff Visalia City Council Page 2 of 10 Printed on 4/26/2024
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After completing most of the RFP process and discovering the financial sustainability concerns, staff began to evaluate various aspects of farming which have a significant impact on the decision to enter into a contractual agreement. In addition to fiscal constraints, other items considered include but are not limited to: the overall condition or health of the orchards, market conditions, and water concerns (supply, well reliability, ditch water, effluent water, GSA). Following, each of those issues are discussed.

Condition and/or Health of the Orchards:

To understand the overall condition or health of the City orchard, a review of Tulare County as a whole should be considered. Below is a summary from the Tulare County Commissioner from the Crop and Livestock annual report for 2021 specifically for walnuts and pecans.

Bearing Acreage Non-Bearing Acreage Total Acreage
Walnut 42,800 586 43,386
Pecan 1,230 251 1,481
Year Harvested
Acreage
Production
per Acre
Total Unit Value per
Unit
Total
Walnut 2021 42,800 1.71 73,200 Ton $1,840 $134,688,000
2020 42,000 2.05 86,100 Ton $1,300 $111,930,000
Pecan 2021 1,230 0.53 652 Ton $3,140 $2,047,000
2020 944 0.87 821 Ton $2,880 $2,364,000
Source - 2021 Tulare County Crop and Livestock Report
2022 data is still pending but reviewing and comparing the 2021 year to the 2020 year it can be observed that county wide harvested acreage has increased yet the production per acre has decreased. Total tonnage decreased by 15% and 20.5% respectively for Walnuts and Pecans.

Furthermore, although the value per unit has increased for both nuts because the pecans production has decreased, the total valuation has decreased while the walnut total valuation has increased.

Specifically for the City’s 574 acreage of nut orchard (131 walnut and 443 pecan) when it is compared to the County statistics it shows that in 2021 the city increased production by 15% and 37% for walnuts and pecans respectively. This is opposite when compared to the County average and most likely can be attributed to fact that the City’s orchards are relatively newer plantings and still increasing in average yield. In addition, the City’s orchards are at a loss per acre while the County average increased per acre for both walnut and pecans. The orchard as a whole has experienced stress due to the ongoing drought and higher than normal temperatures. Coupled with the years of dry winters and series of days with the temperatures over 100 degrees, the trees become stressed which reduce the production and lowers the quality of the nut produced. This can be observed by the county wide reduction in walnut and pecan production. However, this does not factor in the recent rains the region has experienced in late 2022 or early 2023.

It has been discovered that the walnut orchard has the bacterial plant pathogen known as crown gall.

Crown gall is present within the walnut orchard and it currently covers 30 to 50% of the orchard.

Commonly found in many soils delivered from the nursery, Crown gall prevents the plant from moving water and nutrients up the trunk and causes the plant to become weak, stunted or unproductive.

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water and nutrients up the trunk and causes the plant to become weak, stunted or unproductive.

Unfortunately, there is no known cure for crown gall. It is recommended in order to treat the plants with crown gall, the soil immediately surrounding the roots should be dug up and disposed of.

Although no specific cost estimate had been established, it is considered laborious and costly and the results can vary.

Walnut tree with Crown Gall
The pecan orchard appears to be healthy. Below is a photo of a sample of the walnuts recently harvested from the City of Visalia orchard. The overall quality of the City’s kernels are typically considered average. However, because in general the Tulare Walnut Variety has been overall graded as very poor, when the walnuts grown at the WRF are graded verse the general variety, the city walnuts grade above average.

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Visalia walnut kernel sample
Market Conditions:

Attached to the staff report, City Council can find an October 4th, 2022 letter from Diamond Foods LLC. who receives the City’s walnut harvest for production (Exhibit 2). This letter explained that this year’s crop is anything but normal. Walnut demand has not emerged, and export offers have been met with deafening silence. Shipping conditions have improved since the challenges identified during the height of the pandemic, however delays over the past two harvest have greatly shifted the market and caused a buildup of inventory. 2021 has remaining stored walnut crop that is now being blended with the 2022 harvest. This coupled with shipping issues has led processors with blended crops to have a resulting overall poor quality of walnuts. As Diamond explained, this is a multiyear issue that will take many years to emerge from. Although Diamond’s higher quality kernel may push through this turmoil, the greater California industry needs to improve export pricing. This will be highly unlikely due to the current supply and economic conditions. Without significant immediate changes to tariffs or the global supply, Diamond believes that the California walnut industry will need to reduce its production base while evaluating its overall quality to remain globally competitive. They further recommend that growers producing inferior quality nuts should consider removing this acreage.

In addition, Exhibit 3 attached is a September 30th, 2022 letter from HNH Nut Co. who receives the pecans. They reported that the national reports are forecasting a large 2022 crop with the current pecan supply being tight. The large crop estimate has buyers cautiously purchasing as a potential market softening looming. HNH enters this harvest season with zero carry-in product and believes this brings value since supply is currently tight.

In summary, the pecan market is holding while the walnut market is challenged and still holds true as of the end of 2023.

Water Concerns:

Water Supply:

The groundwater elevation under Visalia is 148 feet below ground level. That is better than the alltime low of 154 feet below ground level, but is still a significant issue given the State mandate for groundwater sustainability. Water supplied to any resident within the city is derived exclusively from Visalia City Council Page 5 of 10 Printed on 4/26/2024
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groundwater sustainability. Water supplied to any resident within the city is derived exclusively from groundwater supplies. While the City does possess some surface allocation in the form of various ditch stocks, the water provided in this highly variable supply can be used only for recharge or irrigation purposes, or to trade/sell if economically feasible. Meanwhile, the state of water within the Kaweah Subbasin remains an unknown. There is not an approved Groundwater Sustainability Plan, and the State is also poised to impose significant per capita usage regulations on citizens throughout California. It has truly become a matter of every drop counting.

Well Reliability:

The land surrounding the Water Reclamation Plant has 8 agricultural wells providing irrigation for the orchards and row crop. 2 wells supply the walnut orchard and 3 wells supply the pecan orchard. In addition, 3 wells are located within the area identified for row crop. These 3 wells have not been used recently because the lease for the row crop includes the option for effluent water. The row crop has been utilizing 1200 gallons per minute of effluent water flow from the Water Reclamation Plant.

This is further discussed in the effluent water section below. The current status of all 8 of the agricultural wells are summarized in the following table:

Well No. Location Status Notes
1 Walnut #1 Operational Poor performer
2 Walnut #2 Offline See inspection info below
3 Pecan #1 Operational Steady flow, need evaluation*
5 Pecan #2 Capped
4 Pecan #3 Operational Steady flow, need evaluation*
6 Row crop #1 Operational Surges, poor performer
7 Row crop #2 Does not pump Not in water table
8 Row crop #3 Does not start Condition Unknown
*Staff recommends having these wells inspected similar to Well No. 2. This will determine if lowering the well is an option or if the pump simply needs to be replaced.

Although the wells identified in the above table can be used for farming, not all of them are at this time. Inspection and review of wells are typically taking a month of lead time to actually perform the evaluation and cost on average $1,000 to be performed. Should the well contractor identify a new pump, motor, patch the casing, the cost to repair can increase to $20,000 to $25,000. In one instance, the city has observed a well that the repair cost reached $80,000. These costs for repair do not lower the well and a case-by-case review of each needs to occur to determine if the cost to repair is worth it knowing that if the water table drops further the well becomes ineffective. Identified within the table, each well has been indicated if the well is operational or not. Furthermore, if City Council directs staff to continue farming using the agricultural wells, then a complete analysis of each well needs to be done to ensure that each well has the capability to operate.

Although it may be assumed that a installing a new well or deepening an existing well could occur, the State of California currently prohibits it. Drought management legislature enacted by the Governor of California under executive order N-7-22 issued on March 28, 2022 does not allow for installation of new agriculture irrigation well or modification (deepening) to existing agriculture irrigation wells. Repair of existing wells are allowed, but many are finding that the dipping of the water table does not justify the cost to repair. Although the executive order provides a practice that Visalia City Council Page 6 of 10 Printed on 4/26/2024
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water table does not justify the cost to repair. Although the executive order provides a practice that helps the entire state of California be good stewards and conserve water, the executive order does hinder existing wells from being deepened, assuming the well meets the Groundwater Sustainability Act (GSA) regulations.

Ditch Water:

The City of Visalia owns stock in four separate ditch companies: St. Johns, Oakes, Persian, and Watson. All four stocks are managed under one ditch company, The Consolidated Peoples Ditch Company. City ditch stock volumes are highly variable, and dependent on precipitation timing and total volumes. In the Water Year 2022 (Oct. 1, 2021 - Sept. 30, 2022) the City of Visalia was allocated approximately 205 acre feet of water through the City’s Persian-Watson allocation, 195 acre feet of which was used to irrigate the aforementioned orchards. The remaining 10 acre feet were diverted into a recharge basin located on W. Walnut Avenue, east of Roeben Street. In any given year in which the city chooses not to divert any water resources for irrigation purposes, the water would be diverted into designated recharge basins, beginning as far eastward as possible of city, so as to take advantage of the natural hydrogeology of the region. This practice improves and/or decelerates the rapid decline of the groundwater table below the City of Visalia and surrounding regions.

Effluent Water:

Recently, the wells utilized for the orchards began to show signs of stress with lower-than-normal flows. That coupled with the row crop on southerly boundary being harvested and no longer using the effluent water from the Water Reclamation Facility (WRF), effluent water was utilized to irrigate the pecan orchard. Since then, staff coordinated with CIP Engineering to determine if effluent water could be utilized for both the walnut and pecan orchard. The findings are as follows - Walnuts:

The walnut orchard is located to the northwest of the discharge point of the WRF located on the north side of Avenue 288 (see attached Exhibit 4). In order to make the connection a pipe would need to be installed around the plant basins and cross both Mill Creek and Avenue 288 in order to reach a location where the effluent water can be distributed to the walnut orchard. The project cost to perform such a CIP is projected between $1 to $1.2 Million. Fortunately, the City had water from the ditch that could be allocated to the walnut orchard assist with irrigation this summer (2022) and supplement the 2 agricultural wells. However, the use of effluent water for the walnut orchard is too costly of a project and is not recommended.

Pecans:

The pecan orchard is in a much better location to accept effluent water from the WRF. As shown on Exhibit 4, the pecans are located on the south side of the WRF. In fact, through the row crop area effluent water can be and has been directed to the pecan orchard. However, this indirect route requires tale ditches and routine maintenance in order to maintain distribution. A direct effluent distribution can be constructed at a cost of approximately $100,000. This will remove the indirect issues resulting from using the row crop distribution route. Staff recommends that if City Council wishes to retain the pecan orchard under the farm management contract, then an investment of $50,000 to have a direct connection, with a meter, is recommended.

In addition to the capital cost, available effluent water was analyzed to determine if the WRF has the capacity without impacting the city’s current contractual agreement with Tulare Irrigation District or Visalia City Council Page 7 of 10 Printed on 4/26/2024
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capacity without impacting the city’s current contractual agreement with Tulare Irrigation District or Valley Oaks Golf Course. The WRF has the ability to provide approximately 3000 gallons per minute of effluent water. The pecans were accepting approximately 1000 gallons per minute this summer, which is equivalent to the effluent water that was provided to the row crop. The current capacity of effluent water could allow the City to provide effluent water to the pecan orchard and utilize the row crop land also. However, a concern with utilizing the effluent is the potential to have algae within the water. Algae plugs up the filter station just prior to irrigation. This will be monitored as the effluent water is used and staff could return with appropriate measure should the algae become and issue.

Groundwater Sustainability Act (GSA):

Unfortunately, the City falls within two GSA’s, the Mid Kaweah Groundwater Sustainability Agency (MKGSA) [for the pecans and row crop] and the Greater Kaweah Groundwater Sustainability Agency (GKGSA). Both GSA’s were formed in order to meet the provisions outlined within the Sustainable Groundwater Management Act (SGMA). One mandatory objective outlined in SGMA was to achieve sustainability within the boundaries of the GSA in regards to overdraft. Members of each board voted to enact an emergency groundwater restriction, which outlined specific water volumes allocated to landowners within the respective GSA boundary. This allocation was outlined in tiers, with each tier having an associated cost for the respective ground water pumped. The tables below depict each GSA.

Mid Kaweah GSA
AF/Acre $/AF
Native Yield 0.83 $0.00
Tier 1 0.83 $10.00
Tier 2 0.84 $10.00
Mitigation Tier 1.00 $260.00
Penalty >3.50 $500.00
Greater Kaweah GSA
AF/Acre$/AF
Sustainable Yield 0.83 $0.00
Tier 1 Penalty 0.83 $60.00
Tier 2 Penalty 1.04 $120.00
Prohibited Tier 3 >2.70 $500.00
Due to the proximity of the City orchards falling within both GSA, the transfer of credits between the two GSA’s is something City Staff is interested in. However, at this time, because the GSA’s are only establishing their respective areas, the transfer has yet to be established. Furthermore, the debits calculated above for each respective area will also include credit for utilizing surface water. Surface water includes ditch stock as well as effluent water from the WRF. The GSA will assess charges on a case by case scenario and the City’s decision to utilize surface water and fallow land. While assessments have been currently assessed, it is unknown whether the GSA’s will have the authority to do so in the future, or if the state will control water usage and fees. This situation makes if very difficult to commitment to long term plans regarding farming on the City’s land.

Visalia City Council Page 8 of 10 Printed on 4/26/2024
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File #: 23-0505 Agenda Date: 12/18/2023 Agenda #: 1.

Other Considerations:

To have a comprehensive picture of all the options, City staff provide these additional considerations for City Council consideration. Specifically, what are other costs that need to be considered should City Council cease farming or the use of a farm manager.

Prevailing Wage
It has been observed and commented on during previous requests for proposals and normal day-today discussions with industry partners that if the City did not have to pay prevailing wage the cost to farm would be much lower. When the City decided to farm these lands, prevailing wage was not a requirement. However, since then the City is now required to participate in prevailing wage similar to other CIP which increased the expenditures between 20 and 30%. This too has been a factor as to why the cost has increased over the past few years. Furthermore, the requirement to pay prevailing wages requires additional efforts which many farm managers refused to perform resulting in a smaller pool to pull from.

Removal of the Orchard
In 2019, with prevailing wage, the cost to remove the orchards at the ESRP was $4,500/acre. It can be observed that the City did not act on that unit cost because the remnants of the orchards remain.

This cost was bid for the southerly portion of the ESRP, specifically Basin F, with an add alternate bid for the orchards further north. Given the pandemic and recent inflation, it is estimated that a conservative unit cost to remove an orchard is roughly $5,000/acre. The walnut orchard removal is then priced at $655,000 while the pecans priced at $2,165,000. Collectively, removal of both will exceed $2.75 million.

Lease
Similar to the 408 acres used for row crop, the City Council could direct staff to issue an RFP that would allow all three parts of this land (walnuts, pecans, and row crop) to be leased under an agreement. That lease could speak to any and all the issues identified herein in order to negotiate a lease amount that puts the farm management and all associated costs to the lessee. The City will receive a minimal guaranteed monthly payment, the potential water regulations make this difficult to commit to at this time.

Sale
The WRF will need to update their comprehensive plan that identified all current and future growth, including a buffer area, in order to determine which parcels could be identified to divide and sell. If City Council desires to sell a portion or entire sections, Staff will return to City Council with potential options for consideration.

Options:

Council has been provided a significant amount of information to consider. Staff is seeking direction from the City Council and have offered the recommendations noted at the beginning of this report.

Fiscal Impact:

Previously, the Farm Management Contract was multi-funded because numerous parcels were being farmed which were purchased by different funding sources. Since then, farming of only the Visalia City Council Page 9 of 10 Printed on 4/26/2024
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File #: 23-0505 Agenda Date: 12/18/2023 Agenda #: 1.
being farmed which were purchased by different funding sources. Since then, farming of only the land around the Water Reclamation Facility remains (Fund 4344). All related expenses are coded to fund and any proceeds from the sale of crop is also credited to the same fund. Should City Council wish to continue to farm the 575 acreages of walnuts and pecans, the operational budget within the water treatment plant fund has been increased through the budget process as previously discussed. However, the farm administrative costs need to be included. Also, as noted in the table above, the 2022 pecan harvest has not yet yield revenue.

Prior Council Action:

February 16, 2021 - City Council was presented an update to the city-owned farm land and farming operations.

February 19, 2019 - City Council entered into a contract with Jeb Headrick Farming for an annual not to exceed amount of $1,000,000.

Alternatives:

See the options section embedded the report.

Recommended Motion (and Alternative Motions if expected):

I move to accept the report and direct staff to:

4. Authorize staff to assess short and long term options for the land on an on-going bases, including, but not limited to, farming, solar panels, recreation, short term storage and other uses that would minimize water use, dust and control weeds.

Attachments:

1. Exhibit 1 - Vicinity Map

2. Exhibit 2 - Oct 4th 2022 Diamond Letter

3. Exhibit 3 - Sept 30th 2022 HNH Letter

4. Exhibit 4 - Crop and well location with acreage
Visalia City Council Page 10 of 10 Printed on 4/26/2024 powered by Legistar™ 17
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WALNUT AVE.

WHITENDALE
AVE.

CALDWELL AVE.

TULARE AVE.

GOSHEN AVE.

RIGGIN AVE.

AVENUE 272
HWY 99
SHIRK ST.

AKERS ST.

HWY 198

VICINITY MAP
±

WRF ORCHARDS

AND ROW CROPS

LOCATION
18 19
20 September 30, 2022

HNH Nut Company
31881 Road 160
Visalia CA 93292
559-798-1517
Bonus Payment:

Enclosed with this letter is a bonus payment towards the 2021 pecan crop. On an in-shell basis the average bonus was $.75 per in-shell pound. Your individual statement will reflect your payment details. 2022 Pecan Crop Announcements:

1. The 2022 minimum price will be $1.32 per in-shell pound. The minimum payment schedule will pay four payment installments of $.33 per in-shell pound received from the 2022 crop, less assessments.

2. We have not had a dehydration fee increase since 2016. Regarding the increasing cost of operating, we’ve been obligated to increasing our cleaning and dehydration fee to $0.15 per in-shell pound.

3. We are expecting a record crop this season, so we need to be logistically prepared. We will be working closely with harvesters to insure we have receiving capacity at the time of harvest. Our plant has been updated to handle what is expected, just not all at once. If you are a grower who harvests your own pecans, please make sure to contact me before you harvest to insure there is room to receive. Communication will be the key to a successful harvest.

4. For growers who produced less than 50,000 pounds from the 2021 crop you are eligible for an assessment reimbursement.

Please be in contact with Emma Garner for further information as the submission process in changing.

Office: 817-985-3034
Email: [email protected]
Progress and Market Trend:

National reports are forecasting a large 2022 crop. The National Shellers Association (NPSA) has estimated the US crop to be 304 million pounds.

In addition, the U.S. carry-in is expected at 177 million pounds with Mexico to import 250 million pounds, totaling the 2022 crop to reach and estimated 730 million pounds making this season on “on-crop year” Currently pecan supply is tight, as pieces have reach equal to or greater levels than halves. While a large crop estimate has buyers buying with caution as a potential market softening lingers.

HNH will enter the season with a zero-carry in. The early market is believed to bring value since supply is tight among the western states.

It will be interesting how hurricane season effects the South including Georgia’s 130-million-pound crop, and where prices settle in the first quarter. God willing, we have a great year and prices hold through the season.

We look forward handling and marketing your 2022 crop and thank you for your continued commitment to HNH Nut Company.

Sincerely,
Blake Houston
HNH Nut Company
31881 Road 160
Visalia, CA 93292
559-798-1517
21 DITCH
N. Fork

PERSIAN
WATSON

MILL CREEK

PERSIAN
WATSON

S FORK PERSIAN
N. Fork PERSIAN
WATSON
DITCH

MILL CREEK

AVIATION DR
RD 85

S PLAZA DR
RD 68

FRONTAGE RD
AVE 288
HWY 99
AVE 280
4 1
2 3
5 6
8 7
WEST SIDE CROPS ±
CITY
LIMITS
WRF
131 ACRES

WALNUTS
SECTION 4
188 ACRES
PECANS
SECTION 1
43 ACRES
PECANS
SECTION 2
61 ACRES
PECANS
SECTION 3
151 ACRES
PECANS
SECTION 5
166 ACRES
ROW CROP SECTION 6
97 ACRES

ROW CROP
SECTION 7
152 ACRES

ROW CROP
TOTAL
443 ACRES
PECANS
TOTAL
415 ACRES

ROW CROP
Legend

EXISTING PIPE

PROPOSED PIPE

PROPOSED PIPE
22 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0500 Agenda Date: 12/18/2023 Agenda #: 1.

Agenda Item Wording:

CVC Varsity Football Team, State Champion Winners
Visalia City Council Page 1 of 1 Printed on 4/26/2024
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Resolution of Commendation
Central Valley Christian Schools Varsity Football Team
2023 State Champions WHEREAS, Central Valley Christian Schools Varsity Football Team, the Cavaliers, won the 2023 California Division 2A State Football Championship; and WHEREAS, the Cavaliers won the State Football Championship with a 45-42 victory over Los Gatos High School on Saturday, December 9th; and

WHEREAS, they also captured a Tri County Conference title, a CIF Central Section Division 2 Championship, a CIF Southern California Regional Championship and won the first football CIF state championship for a Visalia high school; and

WHEREAS, the Cavaliers finished the season with a 15-1 record. The 15 wins is a CVC school record and also a record for most wins in a season by a Visalia high school football program.

THEREFORE BE IT RESOLVED that the City Council of the City of Visalia does hereby proudly recognize and congratulate the Central Valley Christian Schools Varsity Football Team for winning the 2023 State Championship and wishes them continued success in future seasons.

Dated: December 18, 2023

24 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0370 Agenda Date: 12/18/2023 Agenda #: 2.

Agenda Item Wording:

City of Visalia, Centennial Recognition
Deck The Home, Visalia’s Holiday Decorating Contest Winners Visalia City Council Page 1 of 1 Printed on 4/26/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0428 Agenda Date: 12/18/2023 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 4/26/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0455 Agenda Date: 12/18/2023 Agenda #: 2.

Agenda Item Wording:

Environmental Impact Report Consultant Contract: - Authorize the City Manager to award a contract for Professional Services to Dudek of Bakersfield in the amount of $654,085.00 for the preparation of the Storm and Sewer Master Plan Environmental Impact Reports; authorize the appropriation of $365,000 from Wastewater Trunkline Fund (231), $247,000.00 from Storm Sewer Construction Fund (221), $166,000.00 from Storm Sewer Deficiency Fund (222), and $3,000 from Storm Sewer Maintenance Fund (481).

Deadline for Action: None
Submitting Department: Engineering and Building Department Contact Name and Phone Number:

Katherine Woodhull-Fuget, Assistant Engineer, [email protected], (559) 713- 4447
Frank Senteno, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Director of Engineering and Building, [email protected], (559) 713- 4495
Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award a contract for RFP 23-24-05 Professional Services for Storm and Sewer Master Plan Environmental Impact Reports to Dudek in the amounts of $312,452.50 (CP0015 Sewer Master Plan EIR) and $341,632.50 (CP9067 Storm Drain Master Plan EIR) for a total amount of $654,085.00;

2. Authorize the additional appropriation of $365,000 from Wastewater Trunkline Fund (231) to CP0015; and

3. Authorize the appropriation of $247,000 from Storm Sewer Construction Fund (221), $166,000 from Storm Sewer Deficiency Fund (222), and $3,000 from Storm Sewer Maintenance Fund (481) to CP9067.

Background Discussion:

The updates to the Storm Master Plan (CP9067) and Sewer Master Plan (CP0015) are currently underway and will require CEQA compliance documentation prior to adoption.

Staff issued the Request for Proposals RFP-22-23-56 on July 6th, 2023 to procure professional environmental services for Environmental Impact Reports for the Master Plans. After receiving no proposals, staff re-issued the RFP as RFP 23-24-05 on August 17th, 2023.

The City of Visalia received three (3) proposals in response to RFP 23-24-05 from Dudek, Provost & Pritchard Consulting Group, and EMC Planning Group. A four-person proposal review committee was established to review, rate, and rank the proposals. The proposal review committee ranked the three Visalia City Council Page 1 of 6 Printed on 4/26/2024
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File #: 23-0455 Agenda Date: 12/18/2023 Agenda #: 2.
established to review, rate, and rank the proposals. The proposal review committee ranked the three firms close together, creating the need for interviews. Interviews were conducted October 23rd by a four-person interview panel. Following the panel’s evaluation of the interviews, staff identified Dudek as the most qualified candidate due to their thorough and well-structured proposal, their presentation during the interview, and their excellent responses and engagement during the interview Q&A which demonstrated a clear understanding of the scope of work. Dudek received the highest overall rating between the proposals and the interviews.

During the negotiations, Dudek strongly recommended starting with a scoping phase and Initial Studies for the CEQA compliance of the Master Plans instead of jumping directly to Programmatic Environmental Impact Reports (PEIRs) for both documents. This will enable the City to get regulatory agency input earlier in the process and develop more focused PEIRs. Starting with a scoping phase and Initial Studies will provide the public and regulatory agencies with an opportunity to participate earlier in the process before the City expends considerable time and resources on costly PEIRs. The PEIRs can instead be tailored to address community and regulatory agency concerns identified through the Initial Studies. This approach will make sure that the resulting CEQA compliance documents are as solid and legally defensible as possible. After considering the advantages, staff concurred with Dudek’s proposed approach.

City staff and Dudek will meet after completion of the Initial Studies to discuss the most appropriate CEQA path forward based on the results of the scoping. This may result in reduced efforts and cost savings if, during the Initial Studies, projects are identified as Categorically Exempt or eligible for a Mitigated Negative Declaration instead of the full PEIR.

Master Plan Nexus Study and CEQA Timeline
While staff intended to return to Council to present the proposed impact fees and service charges in Spring 2023, the finalization of the Master Plans and development of fees has proved more complicated than anticipated. The previous timeline brought to Council last December incorporated insufficient time for internal review by Engineering and other impacted divisions and did not account for the CEQA process. After further discussion with Legal, it was determined that the CEQA process for the Master Plans must be complete before the impact fees can be considered for adoption.

Staff have spent the past year reviewing and refining the Master Plan projects produced by the Consultant, developing operating cost estimates for use in updating the storm service charges, investigating and evaluating policy considerations related to the Master Plans, developing presentation materials for both internal meetings and future stakeholder meetings, and procuring an environmental consultant for CEQA compliance.

The Master Plan projects produced by the consultant required detailed review and many of the proposed Storm Master Plan projects required refinement due to ongoing development. Development of the operating cost estimates for use in updating the storm service charges involved incorporation of stormwater permit compliance cost estimates and discussions with various involved divisions.

Development of the Nexus Study brought to light multiple policy considerations related to the Master Plans requiring investigation, evaluation, and discussion, many of which will be incorporated into the stakeholder meetings for public input. Staff have spent a substantial amount of time developing presentation materials for discussion of the aforementioned policy considerations and the Nexus Study as a whole. At the same time, staff worked on the procurement of an environmental consultant for CEQA compliance through the City’s Request for Proposal (RFP) process, leading to the selection Visalia City Council Page 2 of 6 Printed on 4/26/2024
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File #: 23-0455 Agenda Date: 12/18/2023 Agenda #: 2.
of Dudek.

The City will proceed with the Nexus Study development impact fee and storm service charge stakeholder meetings after completion of the CEQA Initial Studies. The CEQA scoping phase will provide the public and stakeholders an opportunity to review and comment on the proposed Master Plans from an environmental perspective prior to discussion of fees. This approach, while a change from what was previously brought before Council, will ensure that the fees proposed to stakeholders are based on solid (unlikely to change) projects that have already undergone initial environmental review. This removes the risk of fees changing after their introduction to stakeholders due to project changes without delaying discussion of fees until after completion of the PEIRs.

CEQA Timeline:

The CEQA process from project initiation to PEIR certification is projected to take 58 weeks, putting adoption of the PEIRs, Master Plans, and development impact fees in early 2025. Completion of the scoping and Initial Studies phase is projected to be 18 weeks from project kickoff including the 30- day public review period, with the remaining 40 weeks for the technical studies and PEIRs themselves. Both City staff and Dudek will look for opportunities to shorten the schedule throughout the process, but the 58-week schedule already incorporates substantial overlap between the technical studies and the PEIRs and is considered aggressive by industry standards, so additional time savings may be minimal.

CEQA Costs:

The cost for undergoing CEQA was not originally included in CP0015 and CP9067, either by mistake or with the intent to create separate CIPs for the CEQA component. Given that, the undergoing CEQA is necessary in order to actually adopt and implement the Master Plans, the decision was made by current staff to append the existing CIPs instead of creating separate ones.

The contract costs of $312,452.50 for the Sewer PEIR and $341,632.50 for the Storm PEIR are Time and Materials Not to Exceed quantities and are intended to be all-encompassing. The scope of work includes Initial Studies, several Technical Studies and multiple drafts of each PEIR. Given that the Storm and Sewer Master Plans are City-wide and each include over thirty (30) distinct CIPs (the Storm Master Plan includes over forty (40) requiring program-level analysis, staff finds the proposed costs to be fair and reasonable.

If, after completion of the Initial Studies, City staff and Dudek determine that not all of the efforts originally scoped are necessary, the contract scope will be reduced through the City’s Change Order process.

Fiscal Impact:

The following tables show the budget details for CP0015 Sewer Master Plan Update and CP9067 Storm Water Master Plan Update.

Sewer Master Plan Update (CP0015)
Funding Source: 231 Wastewater Trunkline
Project Funding $ 350,987.40
Carollo Master Plan Contract $ (279,200.00)
City Staff Project Management 2015/16 through 2022/23 $ (64,620.29) City Staff Master Plan Project Management 23/24 to 24/25 $ (22,000.00) Visalia City Council Page 3 of 6 Printed on 4/26/2024
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File #: 23-0455 Agenda Date: 12/18/2023 Agenda #: 2. Sewer Master Plan Update (CP0015) Funding Source: 231 Wastewater Trunkline
Project Funding $ 350,987.40
Carollo Master Plan Contract $ (279,200.00)
City Staff Project Management 2015/16 through 2022/23 $ (64,620.29) City Staff Master Plan Project Management 23/24 to 24/25 $ (22,000.00) Dudek Environmental Services Contract $ (312,452.50)
City Staff CEQA Project Management 23/24 to 24/25 $ (35,000.00) Anticipated Project Deficit $ (362,285.39)
Staff recommends an appropriation of $365,000 from Fund 231 to CP0015 to address the anticipated project deficit shown above.

Storm Master Plan Update (CP9067)
Current Funding Source: 221 Storm Sewer Construction
Project Funding $
691,135.41
Carollo Master Plan Contract & Contract Amendments $ (556,313.00) City Staff Project Management 2015/16 through 2022/23 $ (125,898.00) City Staff Master Plan Project Management 23/24 to 24/25 $ (44,000.00) Dudek Environmental Services Contract $ (341,632.50)
City Staff CEQA Project Management 23/24 to 24/25 $ (37,000.00) Anticipated Project Deficit $ (413,708.09)
While CP9067 is currently funded solely with Fund 221 Storm Sewer Construction, staff recommends the CIP be multi-funded by funds 221 Storm Sewer Construction, 222 Storm Sewer Deficiency, and 481 Storm Sewer Maintenance moving forward due to the project scope. The following table shows the estimated proportional shares per fund of the remaining expenditures.

Storm Master Plan Update (CP9067) Remaining
Expenditures Fund Distribution
Fund % Share Fund $ Share
Total Cost Fund
221
Fund
222
Fund
481
Fund 221 Fund 222 Fund 481
Carollo P0 Balance $ 29,665.76 44% 53% 3% $ 13,181.12 $ 15,621.30$ 863.34 Master Plan FY23/24-on Staff
Cost
$ 44,000.00 44% 53% 3% $ 19,550.12 $ 23,169.38$ 1,280.50 Dudek Contract $ 341,632.50 67% 33% 0% $227,755.00$113,877.50$ - CEQA Staff Cost $ 37,000.00 67% 33% 0% $ 24,666.67 $ 12,333.33$ - Total Estimated Remaining
Expenditures
$ 452,298.26 63% 36% 0% $ 285,152.90 $ 165,001.51 $ 2,143.84 FY 23/24 Budget $ (38,590.18) 100% 0% 0% $ (38,590.18)
Appropriation Required$ 413,708.08 60% 40% 1% $ 246,562.72 $ 165,001.51 $ 2,143.84 Rounded Appropriation Per Fund $ 247,000.00 $
166,00

0.00 $
3,000.
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File #: 23-0455 Agenda Date: 12/18/2023 Agenda #: 2.

Total Estimated Remaining
Expenditures
$ 452,298.26 63% 36% 0% $ 285,152.90 $ 165,001.51 $ 2,143.84 FY 23/24 Budget $ (38,590.18) 100% 0% 0% $ (38,590.18)
Appropriation Required$ 413,708.08 60% 40% 1% $ 246,562.72 $ 165,001.51 $ 2,143.84 Rounded Appropriation Per Fund $ 247,000.00 $
166,00

0.00 $
3,000.
00 Staff recommends the appropriation of $247,000 from Fund 221, $166,000 from Fund 222, and $3,000 from Fund 481 as indicated above.

Prior Council Action:

December 19th, 2022
Presentation on the Status of the Storm and Sewer Master Plan Updates and Introduction to the Nexus Study.

December 5th, 2022
Authorize the City Manager to approve a contract amendment for Carollo Engineers, Inc. in the amount of $97,070 for the Update to the Storm water Master Plan (Project Number 2450- 72000/CP9067-999) and an additional appropriation of $100,000 from Storm Sewer Construction Fund 221.

August 16, 2021
Authorize the City Manager to approve a contract amendment for Carollo Engineers, Inc. in the amount of $132,543 for the Update to the Storm water Master Plan (Project Number 2450- 72000/CP9067-999); and authorize the appropriation of $140,00 from Storm Sewer Construction Fund (221) to CP9067.

September 4, 2018
Council authorized the City Manager to execute an agreement for RFP 17-18-29 to Update the City’s Public Facility Master Plans for Storm Water and Sanitary Sewer Collection with Carollo Engineers, Inc. in the amounts of $326,700 (CP9067) and $279,200 (CP0015), authorized the appropriation of $155,285 from Fund 221 to CP9067, and authorized the appropriation of $12,000 from Fund 231 to CP0015.

June 6, 2016
Work session to review key topics related to the City’s sewer system and storm water master plans and receive Council feedback for incorporation into the scope of work and authorize the advertising of a Request for Proposals (RFP) to update these master plans.

Alternatives:

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

I move to:

1. Authorize the City Manager to award a contract for RFP 23-24-05 Professional Services for Storm and Sewer Master Plan Environmental Impact Reports to Dudek in the amounts of $312,452.50 (CP0015 Sewer Master Plan EIR) and $341,632.50 (CP9067 Storm Master Plan EIR) for a total amount of $654,085.00;

2. Authorize the additional appropriation of $365,000 from Wastewater Trunkline Fund (231) to CP0015; and

3. Authorize the appropriation of $247,000 from Storm Sewer Construction Fund (221), $166,000 from Storm Sewer Deficiency Fund (222), and $3,000 from Storm Sewer Maintenance Fund Visalia City Council Page 5 of 6 Printed on 4/26/2024
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File #: 23-0455 Agenda Date: 12/18/2023 Agenda #: 2.
from Storm Sewer Deficiency Fund (222), and $3,000 from Storm Sewer Maintenance Fund (481) to CP9067.

Environmental Assessment Status:

N/A
CEQA Review:

This contract would provide the necessary CEQA review for the Storm and Sewer Master Plans.

Attachments:

1. Disclosure Form for Consultant

2. Exhibit 1 - Draft Sewer MP Project Map from RFP 23-24-05

3. Exhibit 2 - Draft Storm MP Existing Deficiencies Project Map from RFP 23-24-05

4. Exhibit 3 - Draft Storm MP Future Improvements Project Map from RFP 23-24-05 Visalia City Council Page 6 of 6 Printed on 4/26/2024
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Professional Services for Storm and Sewer Master Plan Environmental Impact Reports RFP No. 23-24-05

Page 26 of 40 ends

DISCLOSURE STATEMENTS
(Submit With Proposal)
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

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

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

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

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

CALIFORNIA LEVINE ACT STATEMENT

605 Third Street, Encinitas, California 92024
Dudek
X
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
_________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ ____________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Dudek
Joseph Monaco, AICP
Dudek is a 100% employee-owned private company. The Dudek ESOP Trust owns 100% of the shares of Dudek for the benefit of all employee participants. 33 #
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S G di d ni gs St
N Burke St
S Wood al nd St
S Mc Auliff St
N Hall St
N G di d ni gs St
N American St
N Cain St
W Ferguson Ave
E Tulare Ave
E Cameron Ave
N Linwood St
E K Rd
W Main St
S West St
N Roeben St
N County Center St
S Santa Fe St
S L ni wood St
N Ch ni owth St
S Roeben St
N D vi si adero St
W Campus Ave
N Court St
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S Conyer St
N Will si St
S Br di ge St N Santa Fe St
S Will si St
S Burke St
S Ch ni owth St
S Ca ni St
W Hurley Ave
S County Center Dr
NE 3rd Ave
N Jacob St
W Mill Creek Dr
W Doe Ave
N Nee el y St
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E K Ave
S Ke sl ey St
W Cameron Ave
W Tulare Ave
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W Visalia Pkwy
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N Kelsey St
W Shannon Pkwy
W Whitendale Ave
N Clancy St
E Shannon Pkwy
E St Johns Pkwy
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W Pratt Ave
Rd 152
W Sunnyview Ave
Rd 148
Ave 276
Hwy 99
Disclaimer: Features shown in this
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Data Sources: City ofVisalia, ESRI
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Data Sources: City ofVisalia, ESRI
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Last Revised: December 15, 2022 pw:\\IO-PW-INT.Carollo.local:Carollo\Documents\Client\CA\Visalia\11246A00\GIS\MXD\Capital Improvements.mxd CHAPTER 6 | SANITARY SEWER SYSTEM MASTER PLAN | CITY OF VISALIA Legend
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Future CIP#17
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0460 Agenda Date: 12/18/2023 Agenda #: 3.

Agenda Item Wording:

Traffic Grant Authorization: Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) for FY 2024-25 Grant for an estimated amount of $200,000 and submit the application by the 1/31/2024 deadline.

Deadline for Action: 12/18/2023
Submitting Department: Police Department
Contact Name and Phone Number:

Police Chief Jason Salazar, ext. 4215, [email protected] <mailto:[email protected]>; Financial Analyst Liz Ybarra, ext. 4250, [email protected] <mailto:[email protected]>; Lieutenant Celeste Sanchez, ext. 4573, [email protected] <mailto:[email protected]>;
Sergeant Henry Martinez, ext. 4232, [email protected] <mailto:[email protected]>
Department Recommendation:

Authorize the Visalia Police Department to apply for the Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant for an estimated amount of $200,000 and submit the application by 1/30/2024. The Grant is effective from 10/1/2024 to 9/30/2025.

Summary:

The Department has been awarded the STEP Grant for more than 10 years and has used the funds to enhance its traffic enforcement and educational efforts including, but not limited to: DUI checkpoints and saturation patrols, distracted driver, motorcycle safety, pedestrian/bicycle enforcement operations, and several traffic education presentations. The grant has also funded equipment and provided the resources necessary to effectively complete Driving Under the Influence (DUI) enforcement details.

Background Discussion:

Utilizing various strategies, DUI enforcement is aggressively targeted through checkpoints, saturation details, traffic enforcement, distracted driver, motorcycle details and traffic safety education. The grant is dedicated to reducing the number of alcohol-related collisions, increasing the number of DUI enforcement efforts, and raising public awareness regarding the dangers and consequences associated with drinking and driving. Operations are conducted in areas with disproportionate numbers of alcohol related traffic collisions.

In the 2020-21 grant year, the department recorded a total of 64 injuries from alcohol-related traffic collisions. In the subsequent grant year of 2021-22, this number declined to 30. However, in the most recent grant year of 2022-23, there was a slight increase, resulting in 42 injuries and two alcoholVisalia City Council Page 1 of 2 Printed on 4/26/2024 powered by Legistar™ 38
File #: 23-0460 Agenda Date: 12/18/2023 Agenda #: 3.
related fatal traffic collisions.

The City of Visalia has seen a steady increase in the number of drivers and vehicles traveling within the city. This grant will provide additional resources to aid the department in enhancing enforcement and educational efforts to provide safer roadways.

Fiscal Impact:

The Grant budget can consist of staff overtime, equipment, and supplies. Staff will go back to the Council when the grant is awarded.

Prior Council Action: N/A
Other: N/A
Alternatives: Not to 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 Selective Traffic Enforcement Program (STEP) FY 2024-25 Grant for an estimated amount $200,000 and submit the application by 1/30/2024.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: None.

Visalia City Council Page 2 of 2 Printed on 4/26/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0474 Agenda Date: 12/18/2023 Agenda #: 4.

Agenda Item Wording:

Baker Tilly Consultant Contract - Authorize the City Manager to execute agreements for the award of a contract for to Baker Tilly US, for professional services for the preparation of the Consolidated Plan (ConPlan) federal program years 2025-2029, an updated Analysis of Impediments to Fair Housing Choice (AI), and a Housing Condition Windshield Survey.

Deadline for Action: 12/18/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

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

The City of Visalia issued a Request for Proposal for this contract and an evaluation committee reviewed and scored all proposals. The committee recommends that Council:
1) Award RFP 22-23-70 to Baker Tilly US, LLP; and
2) Authorized the City Manager or their designee to negotiate and execute a contract agreement with Baker Tilly US, LLC, not to exceed $117,149 for professional services for the preparation of the Consolidated Plan (ConPlan) federal program years 2025-2029, an updated Analysis of Impediments to Fair Housing Choice (AI), and a Housing Condition Windshield Survey.

Background Discussion:

The City released Request for Proposals (RFP) 22-23-70 requesting a detailed proposal from a qualified consulting firm with an understanding of United States Department of Housing and Urban Development (HUD) regulations, and experienced principal staff for the development, preparation, and submission of:
· The Consolidated Plan (ConPlan) for Federal Program Years 2025-2029 in accordance with applicable requirements under the Code of Federal Regulations 24, CFR Part 91; and · An updated Analysis of Impediment to Fair Housing Choice (AI) which requires the consultant to provide technical assistance, development of the AI and an implementation plan required to carry out the HUD Fair Housing rule based upon regulations and requirements in place. · An optional Housing Condition Windshield Survey to evaluate the need of rehabilitation or code enforcement for housing in the City of Visalia.

The RFP remained open from October 26, 2023, through November 28, 2023. A public notice to solicit the RFP was published in the Visalia Times Delta on October 26, 2023, and October 31, 2023.

A public notice was also posted on the City’s website, and the Central Valley Purchasing System Visalia City Council Page 1 of 4 Printed on 4/26/2024
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File #: 23-0474 Agenda Date: 12/18/2023 Agenda #: 4.
“BidNet”.

This project is being funded by the Community Development Block Grant (CDBG) grant number B-25 -MC-06-0035, and HOME Investment Partnership Program (HOME) funds grant number M-23-MC06-0230.

Consolidated Plan (ConPlan): as per 24 CFR 91, HUD requires local jurisdictions to prepare a Consolidated Plan (ConPlan) which is designed to assess Visalia’s affordable housing and community development needs and market conditions, as well as make data-driven, place-based investment decisions. The ConPlan will include components such as goals, objectives, and obstacles to meeting underserved needs and non-housing community development. It will also address issues related to an anti-poverty strategy, institutional structure, and barriers to affordable housing. There are three major components of the ConPlan: 1) Citizens Participation Plan; 2) Housing and Community Development Needs Assessment; and 3) Housing and Community Development five-year Strategic Plan and 4) One Year Action Plan. This also includes preparing an Analysis of Impediments to Fair Housing Choice, which provides important information concerning barriers to fair housing choices which may identify needs within our community and shape proposed projects.

The production of the ConPlan serves as the planning document which builds on a participatory process with citizens, organizations, businesses, and other stakeholders. The ConPlan functions as a strategy to follow, carrying out the City’s priorities (housing and community development needs) over a five-year period (2025-2029) with the use of HUD’s Community Planning and Development (CPD) formula grants as follows:
· Community Development Block Grant (CDBG): The primary objective of the CDBG program is the development of viable urban communities through the provision of decent affordable housing, improved living environments and expanded economic development opportunities which serve principally low- and moderate-income persons, as defined by HUD. · HOME Investment Partnership Program (HOME): The HOME program provides affordable housing opportunities to low-income households.

Outreach: To develop the 2025-2029 ConPlan and AI the City will undertake an extensive community needs assessment and outreach. The ConPlan consultant will assist with conducting community needs surveys and outreach both in-person at the Citizens Advisory Committee and City Council public hearings and during virtual stakeholders and community meetings. Baker Tilly will also conduct online surveys and advertise on the City’s social media outlets, City website, the Kings/Tulare Homeless Alliance listserv, Visalia Chamber listserv, and the Visalia Times Delta to gather additional citizen input on the development of the 2025-2029 ConPlan and AI. City staff will also attend local community events throughout the year to gather additional citizen’s feedback and input, such as, the Farmworker Women’s Conference at the Visalia Convention Center, and Parks and Recreation community events.

The Strategic Plan: Per 24 CFR 91.215, the Strategic Plan must indicate the general priorities for allocating investment geographically within Visalia and among different activities and needs. It must describe the rationale for establishing the allocation priorities given to each category of priority needs, Visalia City Council Page 2 of 4 Printed on 4/26/2024
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File #: 23-0474 Agenda Date: 12/18/2023 Agenda #: 4.
particularly among extremely low-income, low-income, and moderate-income households. The Strategic Plan must also identify any obstacles to meeting underserved needs and summarize the priorities and specific objectives the City intends to initiate and or complete during the 5-year period.

The Annual Action Plan (AAP): as per 24 CFR 91.220, is adopted prior to the beginning of each fiscal year and identifies the programs and funding the City plans to implement that year in conformance with its ConPlan. The first year Action Plan is also a component of the ConPlan.

Analysis of Impediments to Fair Housing Choice (AI): 24 CFR 91, the HUD Affirmatively Furthering Fair Housing (AFFH) Rule, aims to provide all HUD grantees with clear guidelines and data that will help set goals to reduce barriers to fair housing choice. HUD requires the Analysis of Impediments (AI) to address fair housing barriers and goals for all Participating Jurisdictions (PJs).

The AI is a document that will be produced as a component of the ConPlan which must satisfy the requirements of the Housing and Community Development Act of 1974, as amended. This act requires that each jurisdiction receiving CDBG and HOME funds, “plan and take actions”, to overcome the effects of any impediments to fair housing.

Housing Condition Windshield Survey: Staff is recommending, in addition to the ConPlan Market Analysis requirements, a “Windshield Housing Condition Survey” to be included in this contract award. Many homes within the City were constructed at least 30 years ago, and deteriorated housing is a problem that must be identified and addressed. The U.S. Census Bureau does not collect much information on condition on any of its surveys that provide detailed block-by-block information. An alternative that is often recommended is a “Windshield Survey” which involves a survey of the exterior conditions of homes, by either walking or driving through a neighborhood and evaluating houses from a windshield view. Its advantages are that it can be done at relatively low cost and quickly. The Housing Condition Survey can be used to provide an indicator of the need for rehab and/or code enforcement services. The City is required to adequately plan for the housing needs of everyone in the community, including lower income neighborhoods, through the AI and the Housing Element Report. The Housing Condition Windshield Survey provides invaluable information and context to identify trends and housing quality issues for the required Housing Needs Assessment.

This is essential information in completing the ConPlan, and AI according to HUD requirements, as well as the annual Housing Element Report prepared for the California Department of Housing & Community Development (HCD). Housing Element compliance is required to apply for additional affordable housing development state grants, such as the Multifamily Finance Super NOFA that funds projects like the Lofts and Rancho Colegio.

Proposals Received
The City took several steps to solicit RFP 22-23-70 by publishing a public notice in the Visalia Times Delta on October 26, 2023, and October 31, 2023. A public notice was also posted on the City’s website, and the Central Valley Purchasing System “BidNet”. Potential organizations were also notified directly via email. The City received two proposals, from Baker Tilly US, LLC, and Michael Baker International. The evaluation committee reviewed and scored both proposals. Based on the overall scores, the evaluation committee recommends to award RFP 22-23-70 to Baker Tilly US, LLC for the preparation of the Consolidated Plan (ConPlan) federal program years 2025-2029, an updated Analysis of Impediments to Fair Housing Choice (AI), and a Housing Condition Windshield Survey.

Based on the overall RFP evaluation scores, the evaluation committee recommends awarding RFP Visalia City Council Page 3 of 4 Printed on 4/26/2024
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File #: 23-0474 Agenda Date: 12/18/2023 Agenda #: 4.
22-23-70 to Baker Tilly US, LLC. Based on the firm’s experience the original proposed costs were $134,508 for the development of the ConPlan and AI, and $6,080 for the Windshield Survey for a total of $140,588. To bring this cost down, City staff negotiated to convert several in-person stakeholder and staff meetings to virtual meetings, reducing consultant staff hours and travel expenses. This has reduced the proposed contract costs to $111,981 for the development of the ConPlan and AI and $5,168 for the Windshield Survey for a total of $117,149. In-person meetings will still be held during the Citizens Advisory Committee meetings as well as City Council public hearings to allow in-person citizen participation.

Contract Agreement
The final draft of the 2025-2029 ConPlan, 2025 Annual Action Plan, and AI are due to HUD no later than May 15, 2025. Therefore, the ConPlan consultant contract term is expected to run from approximately January 1, 2024, through July 30, 2025, or until HUD approves the 2025-2029 ConPlan, 2025 Annual Action Plan, and AI for the amount not to exceed $117,149.

Fiscal Impact:

Contract payments (not to exceed $117,149) will make use of administration funds from the City’s Community Development Block Grant (CDBG), and HOME Investment Partnership Program (HOME) funds. These funds are appropriated as part of the housing budget and no separate appropriation is necessary for the execution of this contract. The cost of this contract is expected to be paid from a combination of fiscal year 2023/24 and fiscal year 2024/25 program funds. No General Fund money is included or requested for this contract.

Prior Council Action: None.

Other: None.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move that Council:
1) Award RFP 22-23-70 to Baker Tilly US, LLP; and
2) Authorized the City Manager or their designee to negotiate and execute a contract agreement with Baker Tilly US, LLC, not to exceed $117,149 for professional services for the preparation of the Consolidated Plan (ConPlan) federal program years 2025-2029, an updated Analysis of Impediments to Fair Housing Choice (AI), and a Housing Condition Windshield Survey.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment A - Baker Tilly Draft Contract Agreement Visalia City Council Page 4 of 4 Printed on 4/26/2024
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PROFESSIONAL SERVICES AGREEMENT FOR
Preparation of FY 2025-2029 Consolidated Plan, Update of Impediments to Fair Housing and Housing Condition Windshield Survey
RFP 22-23-70
This Agreement, entered into this __ day of _______, 2024, by and between the City of Visalia, hereinafter referred to as the “CITY”, and Baker Tilly US, LLC 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 professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in RFP No. 18-19-45, including addendums, which along with the response submitted by CONSULTANT is attached as Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is 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 PERFORMED 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 as described in RFP No. 22-23-70, unless the parties agree in writing to modify the Scope of Work as stated in the RFP, for the cost identified in Exhibit “B” - Project Fee.

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 “B” – Consultant Schedule of Fees for Professional Services. Such 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 within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “C”, 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 each work item completed and shall pay the CONSULTANT on that basis.

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. 44 III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a maximum amount of one hundred seventeen thousand, one hundred forty-nine dollars and no cents ($117,149) as shown in Exhibit “B” according to the specified Tasks “A”, in the amount of $111,981; and Task “B” in the amount of $5,168 as shown in the schedule. This amount shall constitute complete compensation, 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 amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, and “B” respectively. No other compensation is authorized by this Agreement without separate written amendment.

B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on percentage of work of each noted phase and “Task” completed 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 Finance Department, Housing Division shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.

B. CONSULTANT: Jolena Presti, Managing Director, shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION
The right to terminate this Agreement, with or without cause, may 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 CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

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

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 Agreement as to endanger performance of this Agreement in accordance with its terms and does not correct such failure within a period of fifteen (15) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:
45 1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure 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 performance requirements.

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

4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation Provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.

5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default 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 obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any 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 covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest 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 CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed. 46 VII. NO PERSONNEL, AGENCY, OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

VIII. 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 CONSULTANT 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.

IX. 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 assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible 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.

X. SPECIFICATIONS
All specifications, manuals, standards, data collection, analysis, 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.

XI. 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 copies, not otherwise provided for herein, shall be the responsibility of the CITY.

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable 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 any use of incomplete documents without specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes 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, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or 47 organization by the CONSULTANT without the prior written approval 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 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 material developed under this Agreement with the provision that the CITY be given a nonexclusive 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 copyright 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 to use the material for government or public purposes.” XII. 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, 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 relate 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 officers, 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 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 harmless CITY, its elected and appointed officers, 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 of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, 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.

C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or sub consultants shall be liable 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 entering into this Agreement. To the extent this Agreement is considered a “Construction Contract” 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 agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:

1. Workers’ compensation insurance as required by California statues.

2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include 48 coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).

3. Professional liability 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. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

E. CITY’S Risk Manager is hereby authorized to reduce the requirements 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 Avenue, 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 Visalia 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 activities 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, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide 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 signatory’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 said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive 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 CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

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

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

XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against 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.

IV. MISCELLANEOUS PROVISIONS
A. 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.

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 present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately 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 upon 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 dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Baker Tilly, US, LLC
Attn: Jolena Presti, Managing Director
Phone: (312) 228-7262
Email: [email protected]
50 G. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.

H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding 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 those 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 to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

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

K. Construction: This Agreement 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 CONSULTANT
__________________________________ ___________________________ City Manager Date: Date:

Approved as to Form
__________________________________
City Attorney Date”
_________________________________
Risk Manager Date:
_________________________________
51 Project Manager Date:

Exhibit “A”: Proposal by the Consultant as per (RFP 22-23-70) Exhibit “B”: Accepted Cost as Negotiated by the City and the Consultant and Consultant Schedule of Fees Exhibit “C”: Accepted Project Schedule
Exhibit “D”: MBE/WBE Forms
Exhibit “E”: RFP 22-23-70 (Accepted Scope of Work)
52 Exhibit “A” Proposal by Consultant as per RFP 22-23-70 53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
Exhibit “B”
Accepted Fee Proposal
Task “A”
77 78
Task “B”
79 Exhibit “C”
Project Schedule
80 81
82 83
84 Exhibit “D”: MBE/WBE Forms
85 86
Exhibit “E”: RFP 22-23-70
87 88
89 90
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0475 Agenda Date: 12/18/2023 Agenda #: 5.

Agenda Item Wording:

Fire Line Repair Funding - Authorize the appropriation of $20,000.00 from the Golf Fund for fire service line repair at the Valley Oaks Golf Course.

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

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 appropriation of $20,000.00 from the Golf Fund to pay for the repair of the fire service line at the Valley Oaks Golf Course. This line provides water for the hydrants within the site to allow fire suppression in the event of a fire.

Background Discussion:

Within Plaza Drive, Cal Water has a water main that provides potable water to the Valley Oaks Golf Course (VOGC). In addition to the potable water service, a separate dedicated fire line is provided that connects to the fire hydrants within VOGC for fire suppression in the event of a fire. This dedicated line has a leak within the public Right of Way near the back flow preventor just outside the fence at the VOGC. Typically laterals from the main to the back flow preventor belongs to Cal Water, however this line belongs to the City. Currently the water service is turned off by Cal Water at the valve within the street leaving the hydrant inoperable.

Staff has coordinated with a previously procured contractor to provide an estimate to fix and scheduling has been authorized to restore water service. Simultaneously, Staff is presenting this appropriation in order to pay for the services once complete. The initial estimate (prior to start of construction) is quoted at $15,640.00. Staff is seeking authorization for appropriating up to $20,000 to allow contingency.

Fiscal Impact:

No funds are identified within any CIP or operational budget to perform this repair. As justified within this report, the Golf Fund is being requested to supply the necessary funds to make the needed repair. The Golf Fund receives revenues from the Valley Oaks Golf lease with Course Co and has cash balance to cover this appropriation.

Prior Council Action:

None.

Visalia City Council Page 1 of 2 Printed on 4/26/2024
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File #: 23-0475 Agenda Date: 12/18/2023 Agenda #: 5.

Other:

None.

Alternatives:

Do not authorize the appropriation and direct staff find an alternative solution.

Recommended Motion (and Alternative Motions if expected):

I move to appropriate $20,000.00 from the Golf Fund to repair the fire service line at the Valley Oaks Golf Course.

Environmental Assessment Status:

None.

CEQA Review:

None.

Attachments:

None.

Visalia City Council Page 2 of 2 Printed on 4/26/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0476 Agenda Date: 12/18/2023 Agenda #: 6.

Agenda Item Wording:

Youth Non-Profit Grant Awards - Review and Approval of the Citizens Advisory Committee’s recommendations for the 2024 Youth Non-Profit Grant Awards.

Deadline for Action: 12/18/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number:

Alana Johnson, CAC Non-Profit Grant Subcommittee Chair
Ruth Pena, Financial Analyst, 559-713-4327, [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council review and approve the Citizen Advisory Committee’s (CAC) recommendation to award a distribution of $65,000 among 11 non-profit organizations for the 2024 calendar year.

Background Discussion:

On June 20, 2022, the City Council authorized the allocation of $65,000 in non-profit grants from the fiscal year 2023-24 budget. The process for award of these funds is administered by the CAC, which brings recommendations to Council annually for approval. The CAC received 26 applications from non-profit organizations for grant amounts ranging from $2,500 to $6,500 for a total of $151,150. The CAC recommends awarding 11 grants ranging from $2,500 to $6,500 for a total of $65,000.

No significant changes were made to this year’s application process and format. The deadline for proposals to be submitted via email or in person was November 15, 2023. The grant period begins January 1, 2024. The grant announcement was posted on the city’s Facebook page and advertised via the City’s website and newsletter.

The CAC established a Non-Profit Grant Subcommittee of three regular CAC committee members to review and recommend grant awards. The Subcommittee conducted two workshops on October 10 and 11, 2023, to explain the application process to interested applicants. The CAC received 26 grant applications and reviewed 22. The 4 applications that were not reviewed were either incomplete or received after the deadline. The total amount of grant funds requested was $151,1500. Of the 26 applications submitted, 11 are recommended for funding.

The CAC Subcommittee reviewed the applications and came to a consensus recommendation to award 11 grants between $2,500 and $6,500 for a total of $65,000. One of the grants is recommended to be funded less than their requested amount, so as not to exceed the total $65,000 total allocation. The recommendation was presented to and reviewed by the full CAC committee at its December 4, 2023, meeting. At that time, the CAC unanimously adopted the subcommittee’s recommendation.

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File #: 23-0476 Agenda Date: 12/18/2023 Agenda #: 6.

Table 1 compares grant application statistics from the last two cycles with the current cycle:

Table 1: Grant Year Comparisons 2022 2023 2024
Number of grant applications received 14 14 26
Number of agencies submitting applications 14 14 26
Number of grant applications reviewed 14 14 22
Number of reviewed applications not recommended for funding 2 2 11 Number of grants awarded 12 12 11
Number of agencies awarded grants 12 12 11
Total amount requested $82,490 $87,000 $157,650
Total amount awarded $65,000 $65,000 $65,000
Highest grant awarded $6,500 $6,500 $6,500
Lowest grant awarded $2,000 $2,500 $2,500
Average grant requested $5,892 $6,214 $6,063
Average grant awarded $5,417 $5,417 $5,909
As shown in Table 1 above, the number of applications received increased significantly this year, along with the total amount of funds requested. The CAC Youth Grants subcommittee discussed goals for the grant money. All of the grant applications had worthy ambitions that would benefit the youth of Visalia, but the budget is limited. This meant that a portion of the grant applications received could not be funded, even though they would have directly benefited the youth of Visalia.

During discussions, the CAC subcommittee prioritized programs that would do the most good. In some cases, this meant choosing programs that affected higher numbers of youth. In other cases, it was based on the potential to significantly impact the lives of a smaller group of youth. Some of the programs even have the potential to improve the lives of youth as well as their families.

An additional consideration was trying to reach a variety of different youth in Visalia by choosing programs that would target youth from different backgrounds and different places of need as well as groups with various interests.

Table 2 lists the Non-Profit funding recommendations and program descriptions.

Table 2: Non-Profit Grant Recommendations and Program Descriptions for 2024 Program Year Program Description
Requested
($)
Recommended
($)
New
Program?

1. American GI Forum – Visalia Chapter Northside Boxing Club $ 6,500 $ 6,500 no

2. Arts Visalia Youth Art Program-scholarships 6,500 5,500 no

3. CASA of Tulare Co. Environmental Education 6,500 6,500 no

4. Deaf & Hard of Hearing Service Center Community Education Events 5,000 5,000 no

5. Happy Trails Riding Academy CAMP Happy Trails 2,500 2,500 no

6. Hope Horizon Mental Health Adolescent SRP 6,500 6,500 yes

7. JEMA Foundation Folklore Dance Program 6,500 6,500 yes

8. Neighborhood Church
Laptops for Houston students in the
Neighborhood Degree Program 6,500 6,500 no

9. South Valley Water Polo Club Aquatics 6,500 6,500 yes

10. University Prepatory HS UPHS Robotics 6,500 6,500 no

11. Visalia PAL Youth Leadership Program 6,500 6,500 no Recommended $ 66,000$ 65,000
Applicants Not Recommended for Funding
Program Description
Requested
($)
Recommended
($)
New
Program?
Agency
Agency
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File #: 23-0476 Agenda Date: 12/18/2023 Agenda #: 6.

Table 2: Non-Profit Grant Recommendations and Program Descriptions for 2024 Program Year Program Description
Requested
($)
Recommended
($)
New
Program?

1. American GI Forum – Visalia Chapter Northside Boxing Club $ 6,500 $ 6,500 no

2. Arts Visalia Youth Art Program-scholarships 6,500 5,500 no

3. CASA of Tulare Co. Environmental Education 6,500 6,500 no

4. Deaf & Hard of Hearing Service Center Community Education Events 5,000 5,000 no

5. Happy Trails Riding Academy CAMP Happy Trails 2,500 2,500 no

6. Hope Horizon Mental Health Adolescent SRP 6,500 6,500 yes

7. JEMA Foundation Folklore Dance Program 6,500 6,500 yes

8. Neighborhood Church
Laptops for Houston students in the
Neighborhood Degree Program 6,500 6,500 no

9. South Valley Water Polo Club Aquatics 6,500 6,500 yes

10. University Prepatory HS UPHS Robotics 6,500 6,500 no

11. Visalia PAL Youth Leadership Program 6,500 6,500 no Recommended $ 66,000$ 65,000
Applicants Not Recommended for Funding
Program Description
Requested
($)
Recommended
($)
New
Program?

1. Adapted Athlete Adapted Athlete Youth Programs $ 6,500 $ - no

2. Assistance League Operation School Bell 6,500 - no

3. Boys & Girls Club Teen Arts 6,500 - no

4. Changing Minds Foundation Scholarships and Youth Activity 6,500 - no

5. Charter Oaks Lion Foundation Visalia Leo Club 5,000 - yes

6. Crown Valley Youth Ranch Mentorship and Activities 6,500 - yes

7. Cultural Heritage Foundation Youth Projects 6,500 - no

8. Friends of Tulare County Childrens Toy Drive 5,000 - no

9. Flying Eagles Squadron Training Budget 5,000 - no

10. ImagineU Children’s Museum Aquarium 6,500 - no

11. Kaweah Health Hospice Foundation Youth Grief Support 6,450 - yes

12. Kiwanis Club of Visalia Student Nature Immersion 5,200 - no

13. ProYouth Scholarship Program 6,500 - yes

14. Visalia Youth Baseball Scholarships 6,500 - yes

15. Saber Foundation Pathways to Pathology Program 6,500 yes Not Recommended $ 91,650$ -
Total $ 157,650$ 65,000
Agency
Agency
Fiscal Impact:

The 2023-24 General Fund appropriation of $65,000 is already in the budget, and no additional funding is requested.

Prior Council Action: Adoption of FY 2023-24 Budget - June 20, 2022.

Other: Committee/Commission Review and Action - CAC Review and Adoption of Subcommittee Recommendations - December 4, 2023.

Alternatives: Redirect awards within the $65,000 amount allocated by the City Council.

Recommended Motion (and Alternative Motions if expected):

I move to award the non-profit grants as recommended by the Citizens Advisory Committee as shown in Table 2.

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File #: 23-0476 Agenda Date: 12/18/2023 Agenda #: 6.

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 #: 23-0477 Agenda Date: 12/18/2023 Agenda #: 7.

Agenda Item Wording:

Power Design Electric Contract For Four Parks - Authorize the City Manager to award contract for supply and installation of solar lighting at Riverbend, Houk, Pinkham, and Constitution Parks, not to exceed $95,600.

Deadline for Action: 12/18/2023
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713- 4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the installation of new interior solar lighting at Riverbend, Houk, Pinkham, and Constitution Parks to Power Design Electric, of Kingsburg, CA, in the amount of and not to exceed $95,600.00, per specifications of RFP 22-23-41.

Background Discussion:

Riverbend, Houk, Pinkham, and Constitution Parks are currently void of any interior lighting. This makes for a very dark area within the parks and has created some safety concerns. The solar lighting project will add one additional light-emitting diode (LED) floodlight in each park. which will allow people to use amenities and lengthen the recreational use in the evenings. This would be especially relevant during the fall months with the early sunsets. The additional lighting will also illuminate the area for maintenance staff that arrive in the early morning, helping them with their tasks and identify safety issues that may be present. The lighting will also be programmable to various hours and allow staff to dim the lighting during non-park hours to allow for security lighting to deter vandalism and other activities that can occur in and around park amenities;.making the area more visible for police, park rangers, and maintenance staff.

On September 19, 2023, and September 26, 2023, the City solicited bids by advertising in the Visalia Times Delta and the RFB was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on our construction projects list to participate in this bid process.

On October 4, 2023, a non-mandatory pre-bid meeting was held in the City Council Chambers. A total of three (3) contractors attended the pre-bid meeting. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

Staff received several questions from contractors where staff carefully reviewed and answered them in a separate addendum.

On October 19, 2023, the City received bids from two (2) contractors (bid summary below). Power Design Electric of Kingsburg, CA. was the qualified low bidder for the Supply and Installation of Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks.

Visalia City Council Page 1 of 2 Printed on 4/26/2024
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File #: 23-0477 Agenda Date: 12/18/2023 Agenda #: 7.
• Power Design Electric, Kingsburg, CA $95,580.00
• Innovative Engineering Systems, Inc. DBA Agilitech, Bakersfield, CA $103,174.14 Staff has reviewed the submitted bids, performed reference checks, and is satisfied that Power Design Electric has the equipment and manpower to complete the supply and installation of solar lighting as specified.

This is the first of many American Rescue Plan Act (ARPA) funded projects within our parks and is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Fiscal Impact:

The fiscal impact for RFP 22-23-41 a construction contract for the installation of new interior solar lighting at Riverbend, Houk, Pinkham, and Constitution Parks is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $100,000.00 has been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject all bids and go out for another Request for Bids.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the for the installation of new interior solar lighting within Riverbend, Houk, Pinkham, and Constitution Parks, to Power Design Electric, (RFB 22-23-41) for a not to exceed amount of $95,600.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 22-23-41, RFP 22-23-41 #1 Addendum, Power Design Electric Bid Documents, Site Plans.

Visalia City Council Page 2 of 2 Printed on 4/26/2024
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RFB 22-23-41
Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 1 CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 22-23-41
PROJECT:

SUPPLY AND INSTALLATION OF SOLAR LIGHTING AT

RIVERBEND, HOUK, PINKHAM AND CONSTITUTION PARKS
BID SUBMITTAL DEADLINE: 2:00 P.M. ON THURSDAY, OCTOBER 19, 2023 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State and/or Federal Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).

Advertisement Dates: September 19, 2023
September 26, 2023
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 2 TABLE OF CONTENTS
SECTION 1

I. Definitions........................................................................................................................................................3 II. Project Introduction..........................................................................................................................................3 III. Instructions.......................................................................................................................................................4 IV. Scope Of Work/Project Specifications.............................................................................................................4 V. Pre-Bid Meeting(s)...........................................................................................................................................5 VI. Bid Opening And Confidentiality ....................................................................................................................5 VII. Award...............................................................................................................................................................6 VIII. Protests/Appeals...............................................................................................................................................6 IX. Post Award Responsibilities.............................................................................................................................6 X. Special Conditions............................................................................................................................................7 XI. General Conditions...........................................................................................................................................9 SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 13-33) Bid Form ....................................................................................................................................................................13 Bidding Contractors License Information..................................................................................................................14 Contractors Reference................................................................................................................................................15 Bid Bond ....................................................................................................................................................................15 Subcontractor Listing.................................................................................................................................................16 Business Ownership Disclosure / California Levine Act Statement ..........................................................................17 Signature Page ...........................................................................................................................................................18 Federal and State Requirements / Certifications........................................................................................................20 SECTION 3
Sample Contract.........................................................................................................................................................35 Contract General Provisions – Attachment 1.............................................................................................................37 Contract Insurance Requirements – Attachment 2.....................................................................................................40 ADDITIONAL ATTACHMENTS (attached separately)
D-1. Wage Designations (State and Federal)
D-2. City of Visalia Labor Compliance Manual
D-3. Product Specifications
D-4. Project Maps
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 3 SECTION 1
I. DEFINITIONS
For the purposes of this RFB NO. 22-23-41, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

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

5. RFB” means Request for Bid No. 22-23-41
II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to supply and install (1) solar light near playground structures at four (4) Visalia City Parks. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).

Plans & Specifications: An electronic version (flash drive) of the Plans and Specifications may be obtained free of charge at the Purchasing Division, 707 W. Acequia Street, Visalia, California, or by calling (559) 713-4334, or emailing your request to [email protected]. Flash drives may be mailed out if needed, in U.S. Mail. If plans and specifications are requested to be shipped overnight, the Contractor will be responsible for all shipping charges incurred and will be billed by the shipping company directly.

Tentative Date of Award: December 2023
Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed, issued in writing by the Purchasing Department.

Time of Completion Deadline: The entire project must be completed within thirty (30) calendar days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.

The City will allow for lead time for receipt of the lighting equipment.

Budget Estimate for this project is approximately $85,000.

Prevailing Wages: Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to (Federal and State) prevailing wages as specified in this document and attachments.

This project is being funded with federal funds and is subject to the payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the Federal wage rates is enclosed.

Ten (10) days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request.

This project is subject to the payment of State or Federal wage rates, whichever rate is higher. 234
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 4 License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class C-10 Electrical Contractor’s license. See Section III for additional Department of Industrial Relations requirements applicable to this project.

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid. The Prime Contractor must complete a minimum of 51% of the total amount of work under this contract.

III. INSTRUCTIONS

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

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

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

From: Bidder’s Name
Bidder’s Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:

PROJECT: Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks RFB NO.: 22-23-41
BID SUBMITTAL DEADLINE: Thursday, October 19, 2023 at 2:00 p.m.

4. Submit the entire Section 2 (Bidding and Contract Documents pgs. 13-33). This section includes bid form, affidavits, required statements, and any other documents that are required to submit a bid. City may not consider Bids which are not accompanied by the required completed forms. In addition, a security deposit of no less than 10% of the Bid amount is required to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

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

Deadline for submitting questions regarding this project is: Thursday, October 12, 2023 at 4:00 p.m.

IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
The successful contractor shall provide all labor, equipment, tools, and materials necessary to supply and install one (1) solar light near the playground structure at each of the following parks:

1. Riverbend Park, 2534 N. Court St, Visalia, CA 93291

2. Houk Park, 2640 Royal Oaks Drive, Visalia, CA 93277

3. Pinkham Park, 1000 S. Pinkham Rd, Visalia, CA 93292

4. Constitution Park, 1139 S. Crenshaw, Visalia, CA 93277 235
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 5 The work will consist of:
❑ Supply and install new sixteen (16) foot Great Basin Lighting Inc. solar light poles (see attached) or approved equal. Poles must meet specifications listed in Exhibit D-3. ❑ Supply and install Great Basin Lighting Inc LED flood lights (see attached) or approved equal. Lights must meet specifications listed in Exhibit D-3.
❑ Installation of concrete footing per manufacturer specifications. ❑ Any damage to irrigation, concrete slabs or chainlink fencing shall be repaired at the expense of the contractor.
❑ Contractor shall be responsible for clean-up and disposal of all waste materials. ❑ Work to be performed for the Solar Lighting Project shall be compensated at the contract price and shall include mobilization, and furnishing all labor, delivery charges, materials, tools, equipment and incidentals, and for doing all work of installing new solar lighting at each park listed above, in accordance with this RFB and as directed by the City’s Project Manager, and per the City Standard Specifications to provide fully completed improvements. No additional payment will be made therefor. Copies of the “City of Visalia Engineering Standard Specifications” may be obtained from the City of Visalia website at:
https://www.visalia.city/depts/community_development/engineering/engineering_documents.asp or from City Hall East, 315 E. Acequia Ave., Visalia, California, 93291, for a nominal fee. ❑ Minimum warranty of 10 years for equipment and 25 years for solar panel. ❑ See Exhibit D-3 for product specifications.

V. PRE-BID MEETING(S)

1. Informational Pre-Bid Meeting. An Informational Pre-Bid meeting will be held on Wednesday, October 4, 2023, at 10:00 a.m. at City Hall, 707 W. Acequia Avenue in Visalia, CA. Information on the project will be available during the meetings and time is designated for Contractors to ask questions about the work/contract. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, October 19, 2023 at 2:00 p.m. at 707 W. Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

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

After the award, the City intends that its selection process will be open and public. Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 6 VII. AWARD

1. Most Responsive, Responsible Bidder. A contract shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and

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

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

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

IX. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias
Parks and Facilities Manager
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 7 3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage as outlined in the Sample Contract Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award.” According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.

X. SPECIAL CONDITIONS

1. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.

2. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Project Manager within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

3. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.

4. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to 238
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 8 be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.

If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price.

5. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.

6. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.

7. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.

8. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.

9. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.

10. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.

11. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

12. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 9 (2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.

City shall be the sole judge as to the adequacy of any item for substitution. (3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

13. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

14. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

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

Contractor shall comply with all applicable labor laws and ensure against discrimination.

XI. GENERAL CONDITIONS

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

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

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

Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.

2. EXECUTIVE ORDER N-6-22 – Russia Sanctions - On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

3. Post-Closing Date Corrections are prohibited.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 10 4. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

20. All California agencies may purchase off the bid submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.

21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, 241
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 11 requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form. Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of bid items and alternate bid items.

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

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

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid. 242
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 12 SECTION 2

BIDDING AND CONTRACT DOCUMENTS
Note: This entire section must be submitted with bid (pg 13 – 33) 243
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 13 Bidders Name: ____________________________
(Submit with Bid Proposal)

BID FORM
RFB NO. 22-23-41
Project: SOLAR LIGHTING AT RIVERBEND, HOUK, PINKHAM, AND CONSTITUTION PARKS TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-41 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit prices bid include all appurtenant expenses, delivery charges, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

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

BIDDER agrees to commence the work within ten (10) calendar days after the effective date of the Notice to Proceed and to complete the work by thirty (30) calendar days after Notice to Proceed, unless extended in writing by the Purchasing Division.

BIDDER shall pay the City LIQUIDATED DAMAGES in the amount of two hundred dollars ($200) a day for each calendar day the project is delayed beyond the “TIME OF COMPLETION DATE.” BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form. Bidders are required to bid on all items. Bid will be awarded to the bidder with the Lowest Total Bid Amount, who is most responsive and responsible and whose Bid meets the requirements and criteria set forth in this RFB.

BIDDER agrees to abide by all requirements of the Davis Bacon Act, the Department of Industrial Relations (DIR) and the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state and/or federal prevailing wages, and uploading and providing certified payrolls to the Labor Commissioner and the City Project Manager. 244
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 14 Bidders Name: ____________________________
(Submit with Bid Proposal)
Warranty Coverage: Equipment _______ years Solar Panel _______ years Does the product bid meet specifications in Exhibit D-3? _____ Yes _____ No If the product bid does not meet required specifications, please explain any variances below or on a separate sheet if additional space is required.
_____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ In the event of discrepancies between the bid total, summaries of totals and unit price extensions, the unit price correctly extended will control over the summaries of totals, and the summaries of totals correctly added will control over the total, whether the summaries of totals are extended unit prices or lump sums.

BIDDING CONTRACTOR’S LICENSE INFORMATION:

State Contractor’s License #:_____________________ Class:____________ Exp. Date:___________ State DIR Registration #______________________________________________________ Federal Tax I.D. #______________________________________ City of Visalia Business Tax Certificate # __________________________________ A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a certificate prior to commencement of work. Contact the Business Tax Division for information at (559) 713-4326 or [email protected].

Item Solar Light Supply and Installation at Riverbend, Houk, Pinkham, and Constitution Parks per specifications of RFB-22-23-41 Unit Cost
(include all appurtenant expenses,
labor, tools, delivery, taxes,
incidentals, and fees)
1 Riverbend Park – Supply and installation of one (1) new sixteen (16) foot light pole with 50-watt LED solar flood light, motion sensor, 24V – 75A lithium-ion battery, electronic MPPT solar charge controller/ regulator, and Bluetooth monitoring.
$_______/per pole
2 Houk Park – Supply and installation of one (1) new sixteen (16) foot light pole with 50-watt LED solar flood light, motion sensor, 24V – 75A lithium-ion battery, electronic MPPT solar charge controller/regulator, and Bluetooth monitoring.
$_______/per pole
3 Pinkham Park – Supply and installation of one (1) new sixteen (16) foot light pole with 50-watt LED solar flood light, motion sensor, 24V – 75A lithium-ion battery, electronic MPPT solar charge controller/ regulator, and Bluetooth monitoring.
$_______/per pole
4 Constitution Park – Supply and installation of one (1) new sixteen (16) foot light pole with 50-watt LED solar flood light, motion sensor, 24V – 75A lithium-ion battery, electronic MPPT solar charge controller/regulator, and Bluetooth monitoring.
$_______/per pole
TOTAL BID AMOUNT $_______________
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 15 Bidders Name: ____________________________
(Submit with Bid Proposal)
CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 2
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 3
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________

BID BOND
Accompanying this bid proposal is a Bid Deposit in the amount of TEN PERCENT (10%) OF THE TOTAL NET BID AMOUNT (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier's Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
The Bid Deposit is deposited by the undersigned Bidder with the City of Visalia as a guarantee that the Bidder, if awarded all or part of the Contract, will, within 10 working days from the date the Notice of Award is mailed to the Bidder, execute and return a Contract furnished by the City. If the Deposit is in the form of an Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must be in the amount of not less than the greater of ten percent (10%) of the Total Net Bid Amount or ten percent (10%) of the highest possible combination of the Base Bid plus Add Alternates.

Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Visalia as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Bidder and the corporate surety.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 16 Bidders Name: ____________________________
(Submit with Bid Proposal)

SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
247
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 17 Bidders Name: ____________________________
(Submit with Bid Proposal)

BUSINESS OWNERSHIP DISCLOSURE
___________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ___________________________________________________________________________________ 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:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 18 Bidders Name: ____________________________
(Submit with Bid Proposal)

SIGNATURE PAGE
By my signature on this Bid Proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing statements and those contained herein are true and correct.

BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ____________________________________________________ ____________________ Bidding Firm Phone
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partner [ ] Other:
(3) ____________________________________________________________________________ Email Address
___________________________________________________________________________ Business Address
____________________________________________________________________________ City State Zip Code
(4) By:_________________________________________________________________________ Signature of Authorized Person
_________________________________________________________________________ Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: ___________________________Date: _______________________ 249
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 19 Bidders Name: ____________________________
(Submit with Bid Proposal)

INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued if a license is required. If the Bidder is a corporation, enter the exact name of the corporation under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in theventure.

LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.

LINE 3: Enter the address and email to which all communications and notices regarding the Bid Proposal and any Contract awarded thereunder are to be addressed.

LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign Contracts.
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must be submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers; or by a joint venturer authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and ifthe joint ventureris a corporation or a partnership signing on behalf ofthe Joint Venture, then Paragraphs (a) and (c) above apply respectively.

Where Bidder is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:

NAME ADDRESS
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 20 Bidders Name: ____________________________
(Submit with Bid Proposal)

FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contract (e.g., subcontract or sub-agreement).
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.

1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Visalia, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order.

By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 21 Bidders Name: ____________________________
(Submit with Bid Proposal)

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

The BIDDER has has not participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.

The BIDDER has has not submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERS will be awarded prior to award of subcontracts.

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.

Note: Failure to complete the blanks may be grounds for rejecting the bid.

4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facility improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Visalia accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER will, upon acceptance of the BID, execute such contractual documents as may be required within the time specified.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor’s requirement under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole orin part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 252
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 22 Bidders Name: ____________________________
(Submit with Bid Proposal)

6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semi-annually, or annually).
(D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requirements with respect to the acceptance and use of Federal Funds for this federally assisted project.

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 253
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 23 Bidders Name: ____________________________
(Submit with Bid Proposal)
(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

10. CLEAN AIR ACT (42 U.S.C. 7401-7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than$150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 etseq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 254
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12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000. The Contractor must comply with the DavisBacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.

14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.

15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Visalia. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (D) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
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(E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRACTOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐ supported contract under statutory or regulatory authority other than Executive Order 12549.

16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The BIDDER will:
(A) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
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(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remediesinvoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct 257
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as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomesinvolved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.

18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.) As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. 258
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(C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:
(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business.
(E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and (F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID. 259
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22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program. (C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.

24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25)
Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:
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i. If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3-year retention requirement is not applicable to the Contractor.

26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

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

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific 261
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construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. ❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html . ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention. ❑ In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with labor code section 1776 and its enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776.
o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location. ❑ The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). ❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
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o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works. ❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. ❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000). ❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract. 263
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 33 Bidders Name: ____________________________
(Submit with Bid Proposal)
o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. ❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.

BIDDER/CONTRACTOR FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED

PRINTED NAME OF SIGNER TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 34 SECTION 3
Sample Contract
Attachment 1: General Contract Provisions
Attachment 2: Contract Insurance Requirements
Sample Final Payment Affidavit
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 35 SAMPLE CONTRACT

SOLAR LIGHTING AT RIVERBEND, HOUK, PINKHAM, AND CONSTITUTION PARKS (City of Visalia Bid No. 22-23-41)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an __________________________ (individual or entity type) with a primary business address of _________________________________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires completion of the Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks Project, which was let to bid on ___________ as evidenced by Bid No. 22-23-41 (the “Project”); and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 22-23-41, Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks
Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-41

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 22-23-41 for the stated compensation on or before the stated completion dates.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 36 4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 45 days of receipt of approved invoice.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

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

CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 37 Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.

C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 38 3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

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

L. 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. 269
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 39 M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.

O. Liquidated Damages: City and contractor acknowledge and agree that time is of the essence for this project. Therefore, for each day the project is delayed beyond the agreed completion date of thirty (30) calendar days from Notice to Proceed date, it would be extremely difficult and impractical to ascertain the extent of the detriment to city. The parties have determined and agreed that the actual amount of damages that would be suffered by city as a result of any such delay is the sum of two hundred dollars ($200.00) per day, which is a reasonable estimate of the amount of such damages.

The payment of such amount as liquidated damages is not intended as a forfeiture or penalty within the meaning of California civil code sections 3275 or 3369 but is intended to constitute liquidated damages to city pursuant to California civil code sections 1671, 1676 and 1677. City hereby waives the provisions of California civil code section 3389. City agrees that these liquidated damages shall be in lieu of any other monetary relief or other remedy for delay, including, without limitation, specific performance, to which city might otherwise be entitled under this agreement, at law or in equity, and shall be city’s sole and exclusive right and remedy, except that city may terminate the agreement. 270
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 40 Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury
(2) personal injury
(3) broad form property damage
(4) contractual liability
(5) cross-liability
(6) products and completed operations liability

4. Other Insurance Provisions.

If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 41 b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages.

This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Solar Lighting at Riverbend, Houk, Pinkham, and Constitution Parks 42 SAMPLE FINAL PAYMENT AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:

2. During all payroll periods from through ,
(first work date) (last work date)
All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of per diem wages and any amounts due.

3. During all payroll periods on this project, all apprenticeship requirements have been complied with.

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
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Solar Lighting at Riverbend, Houk, Pinkham and Constitution Parks Addendum No. 01

Page 1 of 5 ends

ADDENDUM NO. 01
Issued: Friday, October 13, 2023
Project: Solar Lighting at Riverbend, Houk, Pinkham and Constitution Parks RFB No.: 22-23-41
Bids Due: Thursday, October 19, 2023 @ 2:00 p.m.

Addendum No. 01 is being issued to answer questions received pertaining to the project, to provide a Bid Bond form, and to provide prevailing wage determination updates. This addendum becomes part of the Contract Documents for the above project and must be signed and submitted with the Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1. The RFB states that the entire project must be completed within 30 days of receiving a Note to Proceed. This implies that the City is only considering off-the-shelf products that can be quickly installed, as opposed to higher performing systems that may require more than 30 days for the supply lead time. Can you clarify this? R1. The City is aware of the lead time to fabricate and receive the lighting equipment. The 30-day period is for actual construction once all equipment has been delivered for the project.

ITEM 2: UPDATED WAGE DETERMINATIONS
The prevailing wage rates were checked on October 11, 2023, and updates to the federal rates were posted and included in this addendum. There were no changes to the state determinations.

ITEM 3: BID BOND FORM
A bidder’s bond/guarantee in the amount of 10% of the bid amount is to be submitted with your bid, however the form was not included in the original bid document. Please find the Bidder’s Bond form attached in this addendum. Please complete and submit with bid.

BIDDER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid.

Firm: Date:

By:

Signature
City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 274
RF
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Solar Lighting at Riverbend, Houk, Pinkham and Constitution Parks Addendum No. 01

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"General Decision Number: CA20230021 09/29/2023
Superseded General Decision Number: CA20220021
State: California
Construction Types: Heavy (Heavy and Dredging) and Highway County: Tulare County in California.

DREDGING (excluding self-propelled hopper dredge work), HEAVY (excluding water well drilling), AND HIGHWAY CONSTRUCTION

PROJECTS
Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658.

Additional information on contractor requirements and worker protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.

Modification Number Publication Date
0 01/06/2023
1 01/13/2023
2 03/03/2023
3 03/17/2023
4 03/31/2023
5 04/21/2023
6 06/30/2023
7 08/18/2023
8 09/08/2023
9 09/29/2023
ASBE0016-006 01/01/2021
Rates Fringes
Asbestos Removal
worker/hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuuming, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 30.45 10.60
---------------------------------------------------------------- ASBE0016-010 02/01/2023
Rates Fringes
Asbestos Workers/Insulator
(Includes the application of
all insulating materials,
protective coverings,
coatings, and finishes to all
types of mechanical systems).....$ 62.26 23.82
280
---------------------------------------------------------------- BOIL0549-004 01/01/2021
Rates Fringes
BOILERMAKER......................$ 45.60 38.99
---------------------------------------------------------------- BRCA0003-001 08/01/2022
Rates Fringes
MARBLE FINISHER..................$ 39.20 18.31
---------------------------------------------------------------- BRCA0003-016 04/01/2022
Rates Fringes
TILE FINISHER....................$ 29.89 16.80
TILE LAYER.......................$ 45.78 19.92
---------------------------------------------------------------- BRCA0003-017 07/01/2022
Rates Fringes
TERRAZZO FINISHER................$ 41.93 18.98
TERRAZZO WORKER/SETTER...........$ 56.84 27.53
---------------------------------------------------------------- * BRCA0004-005 05/01/2020
Rates Fringes
BRICKLAYER; MARBLE SETTER........$ 41.52 18.47
*The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty-Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the
standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- CARP0034-002 07/01/2021
Rates Fringes
Diver
Assistant Tender, ROV
Tender/Technician...........$ 54.10 34.69
Diver standby...............$ 60.51 34.69
Diver Tender................$ 59.51 34.69
Diver wet...................$ 103.62 34.69
281
Manifold Operator (mixed
gas)........................$ 64.51 34.69
Manifold Operator (Standby).$ 59.51 34.69
DEPTH PAY (Surface Diving):
050 to 100 ft $2.00 per foot
101 to 150 ft $3.00 per foot
151 to 220 ft $4.00 per foot
221 ft.-deeper $5.00 per foot
SATURATION DIVING:

The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under
pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours.

DIVING IN ENCLOSURES:

Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48"" in height, the premium will be $1.00 per foot.

WORK IN COMBINATION OF CLASSIFICATIONS:

Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift.
---------------------------------------------------------------- CARP0034-003 07/01/2021
Rates Fringes
Piledriver.......................$ 54.10 34.69
---------------------------------------------------------------- CARP1109-002 07/01/2020
Rates Fringes
Carpenters
Bridge Builder/Highway
Carpenter...................$ 52.65 30.82
Hardwood Floorlayer,
Shingler, Power Saw
Operator, Steel Scaffold &
Steel Shoring Erector, Saw
282
Filer.......................$ 45.57 30.82
Journeyman Carpenter........$ 45.42 30.82
Millwright..................$ 47.92 32.41
---------------------------------------------------------------- ELEC0100-001 09/01/2023
Rates Fringes
ELECTRICIAN......................$ 44.50 28.09
---------------------------------------------------------------- ELEC1245-001 06/01/2022
Rates Fringes

LINE CONSTRUCTION
(1) Lineman; Cable splicer..$ 64.40 22.58
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead &
underground distribution
line equipment).............$ 50.00 21.30
(3) Groundman...............$ 38.23 20.89
(4) Powderman...............$ 51.87 18.79
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day
---------------------------------------------------------------- ENGI0003-006 06/28/2023
Rates Fringes
OPERATOR: Power Equipment
(AREA 1:)
GROUP 1.....................$ 60.72 31.03
GROUP 2.....................$ 59.19 31.03
GROUP 3.....................$ 57.71 31.03
GROUP 4.....................$ 56.33 31.03
GROUP 5.....................$ 55.06 31.03
GROUP 6.....................$ 53.74 31.03
GROUP 7.....................$ 52.60 31.03
GROUP 8.....................$ 51.46 31.03
GROUP 8-A...................$ 49.25 31.03
OPERATOR: Power Equipment
(Cranes and Attachments -
AREA 1:)
283
GROUP 1
Cranes.....................$ 52.30 31.15
Oiler......................$ 43.79 31.15
Truck crane oiler..........$ 46.08 31.15
GROUP 2
Cranes.....................$ 50.54 31.15
Oiler......................$ 42.83 31.15
Truck crane oiler..........$ 45.07 31.15
GROUP 3
Cranes.....................$ 48.80 31.15
Hydraulic..................$ 44.44 31.15
Oiler......................$ 42.55 31.15
Truck crane oiler..........$ 44.83 31.15
GROUP 4
Cranes.....................$ 44.83 31.15
OPERATOR: Power Equipment
(Piledriving - AREA 1:)
GROUP 1
Lifting devices............$ 52.64 31.15
Oiler......................$ 43.38 31.15
Truck crane oiler..........$ 45.66 31.15
GROUP 2
Lifting devices............$ 50.82 31.15
Oiler......................$ 43.11 31.15
Truck crane oiler..........$ 45.41 31.15
GROUP 3
Lifting devices............$ 49.14 31.15
Oiler......................$ 42.89 31.15
Truck crane oiler..........$ 45.12 31.15
GROUP 4
Lifting devices............$ 47.47 31.15
GROUP 5
Lifting devices............$ 44.73 31.15
GROUP 6
Lifting devices............$ 42.50 31.15
OPERATOR: Power Equipment
(Steel Erection - AREA 1:)
GROUP 1
Cranes.....................$ 53.27 31.15
Oiler......................$ 43.72 31.15
Truck Crane Oiler..........$ 45.95 31.15
GROUP 2
Cranes.....................$ 51.50 31.15
Oiler......................$ 43.45 31.15
Truck Crane Oiler..........$ 45.73 31.15
GROUP 3
Cranes.....................$ 50.02 31.15
Hydraulic..................$ 45.07 31.15
Oiler......................$ 43.23 31.15
Truck Crane Oiler..........$ 38.71 31.15
284
GROUP 4
Cranes.....................$ 48.00 31.15
GROUP 5
Cranes.....................$ 46.70 31.15
OPERATOR: Power Equipment
(Tunnel and Underground Work
- AREA 1:)
SHAFTS, STOPES, RAISES:.....$ 55.56 31.03
GROUP 1....................$ 56.82 31.03
GROUP 1-A..................$ 59.29 31.03
GROUP 2....................$ 55.56 31.03
GROUP 3....................$ 54.23 31.03
GROUP 4....................$ 53.09 31.03
GROUP 5....................$ 51.95 31.03
UNDERGROUND:

GROUP 1....................$ 56.72 31.03
GROUP 1-A..................$ 59.19 31.03
GROUP 2....................$ 55.46 31.03
GROUP 3....................$ 54.13 31.03
GROUP 4....................$ 52.99 31.03
GROUP 5....................$ 51.85 31.03
FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds.

GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.

GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
285
GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy-duty
drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader;
Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller
Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil
stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.;
Tractor-drawn scraper; Tractor, compressor drill
combination; Welder; Woods-Mixer (and other similar Pugmill equipment)
GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor,
building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete)
(Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T-600B rock cutter or similar
GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine,
truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator;
Hydro-hammer or similar; Line master; Skidsteer loader, 286
Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self- propelled pipeline wrapping machine; Tractor;
Self-loading chipper; Concrete barrier moving machine
GROUP 7: Ballast regulator; Boom truck or dual-purpose
A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab
machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip
Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals);
Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and compressor
(shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator;
Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump
operator; Refrigeration plant; Reservoir-debris tug (self- propelled floating); Ross Carrier (construction site);
Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper
----------------------------------------------------------

287

ALL CRANES AND ATTACHMENTS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge
pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self-propelled boom-type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under;
GROUP 4: Boom Truck or dual purpose A-frame truck,
non-rotating over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating
telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons;
-----------------------------------------------------------

PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Self- propelled boom-type lifting device 45 tons and under;
Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer
GROUP 6: Deckhand; Fire tender
288
-------------------------------------------------------------

STEEL ERECTORS
GROUP 1: Crane over 100 tons; Derrick over 100 tons; Self- propelled boom-type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder
GROUP 5: Boom cat
-------------------------------------------------------------- --

TUNNEL AND UNDERGROUND WORK
GROUP 1-A: Tunnel bore machine operator, 20' diameter or more

GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump
operator; Slusher operator
---------------------------------------------------------------- ENGI0003-008 08/01/2023
Rates Fringes
Dredging: (DREDGING:
289
CLAMSHELL & DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
AREA 1:
(1) Leverman...............$ 57.95 37.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 52.99 37.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 51.87 37.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 48.57 37.55
AREA 2:
(1) Leverman...............$ 59.95 37.55
(2) Dredge Dozer; Heavy
duty repairman.............$ 54.99 37.55
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator...................$ 53.87 37.55
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler..$ 50.57 37.55

AREA DESCRIPTIONS
AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,

SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

ALPINE COUNTY:

Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:

Area 1: Remainder
Area 2: Eastern part
COLUSA COUNTY:

Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
290
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY:

Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:

Area 1: Eastern part
Area 2: Remainder
LASSEN COUNTY:

Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder
MADERA COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part

MARIPOSA COUNTY
Area 1: Except Eastern part
Area 2: Eastern part

MONTERREY COUNTY
Area 1: Except Southwestern part
Area 2: Southwestern part
NEVADA COUNTY:

Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:

Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:

Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:

Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:

Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
291
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:

Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:

Area 1: All but the Western border with Mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:

Area 1: East Central part and the Northeastern border with Shasta County
Area 2: Remainder
TUOLUMNE COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part
---------------------------------------------------------------- ENGI0003-019 06/29/2020

SEE AREA DESCRIPTIONS BELOW
Rates Fringes
OPERATOR: Power Equipment
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1.....................$ 39.95 30.28
AREA 2.....................$ 41.95 30.28
GROUP 2
AREA 1.....................$ 36.35 30.28
AREA 2.....................$ 38.35 30.28
GROUP 3
AREA 1.....................$ 31.74 30.28
AREA 2.....................$ 33.74 30.28
GROUP DESCRIPTIONS:

GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP.

GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment
shall be included except when used for finish work as long 292
as manufacturer's rating is 65 HP or less: A-Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP.

GROUP 3: Landscae Utility Operator: Small Rubber-Tired
Tractor, Trencher Under 31 HP.

AREA DESCRIPTIONS:

AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,

NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,

SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,

SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 - MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW:

ALPINE COUNTY:

Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:

Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:

Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:

Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:

Area 1: North Central part
Area 2: Remainder

FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:

Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:
293
Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:

Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:

Area 1: Western part along the Southern portion of border with Shasta County
Area 2: Remainder

MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part

MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:

Area 1: Central and Southeastern parts
Area 2: Remainder

MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:

Area 1: All but the Northern portion along the border of Sierra County
Area 2: Remainder
PLACER COUNTY:

Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:

Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:

Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:

Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
294
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:

Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:

Area 1: All but the Western border with mendocino & Trinity Counties
Area 2: Remainder
TRINITY COUNTY:

Area 1: East Central part and the Northeaster border with Shasta County
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:

Area 1: Remainder
Area 2: Eastern Part
---------------------------------------------------------------- IRON0433-006 01/01/2023
Rates Fringes

IRONWORKER
Fence Erector...............$ 41.28 25.66
Ornamental, Reinforcing
and Structural..............$ 46.20 34.30
PREMIUM PAY:
$9.00 additional per hour at the following locations:

China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland,
Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center
Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock 295
---------------------------------------------------------------- LABO0294-003 06/28/2021
Rates Fringes

LABORER (TRAFFIC CONTROL/LANE

CLOSURE)
Escort Driver, Flag Person..$ 33.48 26.21
Traffic Control Person I....$ 33.78 26.21
Traffic Control Person II...$ 31.28 26.21
TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage.

TRAFFIC CONTROL PERSON II: Installation and removal of
temporary/permanent signs, markers, delineators and crash cushions.
---------------------------------------------------------------- LABO0294-004 06/25/2018
Rates Fringes
Laborers: (CONSTRUCTION CRAFT

LABORERS)
Construction Specialist
Group.......................$ 30.49 23.20
GROUP 1.....................$ 29.79 23.20
GROUP 1-a...................$ 30.01 23.20
GROUP 1-c...................$ 29.84 23.20
GROUP 1-e...................$ 30.34 23.20
GROUP 1-f...................$ 29.37 23.20
GROUP 2.....................$ 29.64 23.20
GROUP 3.....................$ 29.54 23.20
GROUP 4.....................$ 23.23 23.20
See groups 1-b and 1-d under laborer classifications
Laborers: (GUNITE)
GROUP 1.....................$ 28.35 18.66
GROUP 2.....................$ 27.85 18.66
GROUP 3.....................$ 27.26 18.66
GROUP 4.....................$ 27.14 18.66
Laborers: (WRECKING)
GROUP 1.....................$ 29.79 23.20
GROUP 2.....................$ 29.64 23.20
Landscape Laborer (Gardeners,
Horticultural & Landscape
Laborers)
Establishment Warranty
Period......................$ 23.23 23.20
296
New Construction............$ 29.54 23.20
FOOTNOTES:

Laborers working off or with or from bos'n chairs, swinging scaffolds, belts (not applicable to workers entitled to receive the wage rate set forth in Group 1-a): $0.25 per hour additional.

LABORER CLASSIFICATIONS
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Masonry and plasterer tender; Cast-in-place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter;
Headerboard, Hubsetter, aligner, by any method; High
pressure blow pipe (1-1/2"" or over, 100 lbs.
pressure/over); Hydro seeder and similar ype; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and
similar type compactor; Kettle tender, pot and worker
applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite,
epoxyresin, fiberglass, mastic worker (wet or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in
connection with pipelaying); Precast-manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work; Vibrator
297
GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder
GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. ""Sewer cleaner"" means any worker who handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer
manholes, shall receive $5.00 per day above Group 1 wage rates.

GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds
(underground structures). All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground
structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of
subway construction after the temporary cover has been
placed.

GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception.

GROUP 1-f: Wire winding machine in connection with guniting or shot crete
GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 298
lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches
GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only)
GROUP 4: All clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification ""material
cleaner"" is to be utilized under the following conditions:

A: at demolition site for the salvage of the material.

B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job.

C: for the cleaning of salvage material at the jobsite or temporary jobsite yard.

The material cleaner classification should not be used in the performance of ""form stripping, cleaning and oiling and moving to the next point of erection"".

GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman
GROUP 3: Reboundman
GROUP 4: Gunite laborer

WRECKING WORK LABORER CLASSIFICATIONS
GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials)
GROUP 2: Semi-skilled wrecker (salvaging of other building materials)
---------------------------------------------------------------- 299
LABO0294-006 06/26/2023

TULARE COUNTY
Rates Fringes
Tunnel and Shaft Laborers:

GROUP 1.....................$ 45.89 27.72
GROUP 2.....................$ 45.66 27.72
GROUP 3.....................$ 45.41 27.72
GROUP 4.....................$ 44.96 27.72
GROUP 5.....................$ 44.42 27.72
Shotcrete Specialist........$ 46.41 27.72

TUNNEL AND SHAFT CLASSIFICATIONS
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen
GROUP 2: Rodmen; Shaft work & raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High
pressure nozzleman; Miner - tunnel, including top and
bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
---------------------------------------------------------------- LABO0294-009 07/01/2022
Rates Fringes
Plasterer tender.................$ 38.02 28.25
Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- * PAIN0294-003 07/01/2023
300
Rates Fringes
PAINTER..........................$ 34.49 21.80
FOOTNOTE:

Sandblast/Spray Painting: $1.00 per hour additional.

Work over 30 feet (does not include work from a lift): $1.00 per hour additional.
---------------------------------------------------------------- PAIN1176-001 07/01/2022
HIGHWAY IMPR0VEMENT
Rates Fringes
Parking Lot Striping/Highway
Marking:

GROUP 1.....................$ 40.83 17.62
GROUP 2.....................$ 34.71 17.62
GROUP 3.....................$ 35.11 17.62

CLASSIFICATIONS
GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic
stripes and markings
GROUP 2: Gamecourt & Playground Installer
GROUP 3: Protective Coating, Pavement Sealing
---------------------------------------------------------------- PLAS0300-005 07/01/2016
Rates Fringes
CEMENT MASON/CONCRETE FINISHER...$ 32.15 23.27
---------------------------------------------------------------- PLUM0246-002 01/01/2023
Rates Fringes
PLUMBER & STEAMFITTER............$ 46.95 38.59
---------------------------------------------------------------- PLUM0355-003 07/01/2022
Rates Fringes
301
Underground Utility Worker
/Landscape Fitter...........$ 32.22 17.55
---------------------------------------------------------------- TEAM0094-001 07/01/2022
Rates Fringes
Truck drivers:

GROUP 1.....................$ 36.95 31.14
GROUP 2.....................$ 37.25 31.14
GROUP 3.....................$ 37.55 31.14
GROUP 4.....................$ 37.90 31.14
GROUP 5.....................$ 38.25 31.14
FOOTNOTES:

Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry
pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate.

Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up
truck: Use appropriate rate for the power unit or the
equipment utilized.

TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used
appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit
mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor
GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; 302
Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro-lift or
Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil
trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO 303
is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates 304
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.
----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.
305
With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue.

3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISIO"
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Constitution Park Solar Light Location
Solar Light
Location
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Location
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0430 Agenda Date: 12/18/2023 Agenda #: 8.

Agenda Item Wording:
2022/23 Impact Fee Report - Request for City Council to receive, review, and file the 2022/23 Impact Fee Report as required by State Law.

Deadline for Action: 12/30/2023
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Renee Nagel, Finance and Technology Director 713-4375, Amee Swearingen Financial Analyst 713-4170
Department Recommendation:

The 2022/23 Impact Fee Report has been prepared and submitted in compliance with California Government Code Section 66006(a) and (b), and no Council action is required other than to receive, review, and file the report.

Background Discussion:

Development impact fees are a funding mechanism used by California cities to pay for the new or expanded infrastructure needed to serve growth and development. Impact fees are imposed by a local government on new development to pay for the proportionate costs attributable to providing public infrastructure to serve each new development. Impact fees are a charge on new development which helps fund and pay for the construction or needed expansion of offsite capital infrastructure improvements which include roads, parks, storm drains, public safety and other public facilities.

In the 2022-23 Fiscal Year, the City collected Impact Fee revenues of $13.1 million which is a decrease of 29% from the previous year (FY 21/22 collected $16.1 million). The decrease in revenue is an effect of the slowdown in development in Visalia. These funds also receive investment earnings and some miscellaneous revenues.

As shown in the Impact Fee report (Attachment 1), a total of $3 million was spent on impact fee related projects in the 22/23 Fiscal Year. The funds collectively hold $68.2 million in cash; however, these funds will need to collect an additional $131 million by FY 27/28 to fund the projects listed in the current 6-Year Capital Improvement Plan. Projects are planned based upon the resources projected to be available in each respective fund, and the Capital Improvement Plan is updated every two years with the biennial budget to make any necessary adjustments. Most Impact fees are used to fund large infrastructure projects that take several years to design and acquire land. For this reason, funding needed for construction must be programmed over multiple years as shown in the 6- Year Capital Plan (included in the Impact Fee Report attached), allowing cash to accumulate and fund these large projects.

In addition, there are funds that have been given an advance from the General Fund or have a debt Visalia City Council Page 1 of 7 Printed on 4/26/2024
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File #: 23-0430 Agenda Date: 12/18/2023 Agenda #: 8.

In addition, there are funds that have been given an advance from the General Fund or have a debt payment obligation. All General Fund advances are charged interest which is calculated using the City of Visalia portfolio earnings rate plus 1%. The annual rate charged this last fiscal year on advances was 3.00%. The funds with advances or debt are listed in Table 1: Summary of Impact Fee Fund Advances and Debt, below.

Beginning
Debt Balance
7/1/22
Amount Paid
2022/23
Ending Debt
Balance 6/30/23 Comments
General Fund Advances
Library (0.03) 0.02 (0.01)City's participation on the Children's Library General Fund Advances Total (0.03) 0.02 (0.01)
Debt
Police (3.31) 0.41 (2.89)2015 COP debt for the VECC
Total Debt (3.31) 0.41 (2.89)
Table 1: Summary of Impact Fee Fund Advances and Debt
(in millions)
These balances were anticipated and are being managed as part of each fund’s capital program.

Even though no changes to the impact fees are currently recommended, past impact fee actions are summarized below for informational purposes.
· June 7, 2010, during the Great Recession, Council approved the reduction of the Transportation Impact Fees (TIF), Park Impact Fee, and Waterways Impact Fee by 15%. The Park Acquisition Fee and the Waterways Acquisition Fee were reduced based on the analysis that showed land acquisition costs had dropped.
· In March 2013, an increase was made to the TIF of 6.5% to reflect 09/10 Engineering News Record Construction Cost Index (ENRCCI) adjustment not taken in FY 09/10. · June 6, 2015, Council approved the TIF fees to increase by 11%. · In addition to the adjustments summarized above, the fees are adjusted each year by the ENRCCI rate as part of the City’s annual Rates and Fees process.

With ongoing increases in land and construction costs, staff will continue to review the capital needs of the impact fee funds and perform analysis in order to make recommendations on the adjustment of these fees. When based on a comprehensive plan and used in conjunction with a sound capital improvement plan, impact fees can be an effective tool for ensuring adequate infrastructure to accommodate growth where and when it is anticipated. It is important that communities rely on zoning and other land use regulations, consistent with a comprehensive plan, to influence patterns of growth and to accurately predict new infrastructure needs. However, in areas facing development postponement due to the lack of adequate public facilities, impact fees may be viewed not as growth controlling measures, but rather as growth facilitators when they provide needed funding for required infrastructure. Typically, impact fees are:
· Levied on an "up-front" or "front-end" basis, usually at the time of building permit issuance or Visalia City Council Page 2 of 7 Printed on 4/26/2024
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File #: 23-0430 Agenda Date: 12/18/2023 Agenda #: 8.
subdivision approval; and
· Dedicated to a specific public use, such as transportation facilities, sewer facilities, water facilities, or parks and recreation facilities, etc.; and · Calculated based upon the number of residents or bedrooms in a dwelling, the square footage of a building, the linear footage of the front property line, or as a flat fee per unit or building lot, or some other formulation; and
· Prescribed by ordinance.

The purpose of this report is to disclose the City’s collection and use of impact fees and to demonstrate that these monies were appropriately spent on impact related projects. The 2022-23 Impact Fee Report is in compliance with Government Code Section 66006 which requires agencies to provide information on each fund or account established for the collection of impact fees. Within 180 days after the last day of each fiscal year this information must be made available to the public for the period covered by that fiscal year. The report must include the following:

1. A brief description of the type of fee in the fund.

2. The amount of the fee.

3. The beginning and ending balances of the fund.

4. The amount of fees collected, and the interest earned.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the improvement that was funded with fees.

6. An identification of an approximate date by which the construction of the public improvement will commence if the City determines that sufficient funds have collected to complete financing on an incomplete public improvement.

7. A description of each inter-fund transfer or loan made from the fund, including the public improvement on which the transferred or loaned fees will be expended, and in the case of an inter-fund loan, the date on which the loan will be repaid and the rate of interest that will be received on the loan.

8. The amount of refunds made per Government Code Section 66001 (e).

The availability of the 2022-23 Impact Fee Report was published in the Visalia Times Delta on December 4, 2023. Once the information is available to the public, but not less than 15 days from the date it is made available, the City Council must review the information at its next regularly scheduled meeting. A notice of the time and place of this meeting, including the address where the information may be reviewed, must be mailed at least 15 days prior to the meeting to any interested party who files a written request with the City for mailed notice of the meeting.

The 2022-23 Impact Fee Report provides information on the following Impact Fee Funds:

Fund Description
102 Public Facility - Civic Center Impact Fund
103 Public Facility - Corporation Yard Impact Fund
104 Public Facility - Library Impact Fund
105 Police Impact Fund
106 Fire Impact Fund
211 Park & Recreation Facilities Fund
221 Storm Sewer Construction Fund
231 Wastewater Trunk Line Fund
232 Sewer Connection Fund
241 Transportation Impact Fund
261 Waterways Fund
286 Vehilce Miles Traveled Fund
291 Northeast Capital Improvement Fund
All Impact Funds are in compliance with the State Law, as shown below in Table 2: Summary Report 2022-23 Impact Fee Funds.

Fund
Beginning
Cash
Balance
7/1/22
Internal Loan/
Debt/
Developer
Agreement
Beginning
Balances
Total
Beginning
Balance
Total
Revenue
Total
Expenses
Ending
Cash
Balance
6/30/23
C.I.P Money
Appropriated
6/30/23
Ending
Resources
Available
Future
C.I.P.

Projects
2023/24-
2027/28
Future
Revenue
Needed
Public Facility - Civic Center Impact
Fund (102) $7,629 $0 $7,629 $427 ($11) $8,045 $0 $8,045 $0 0 Public Facility - Corportation Yard
Impact Fund (103) 1,076 0 1,076 89 (2) 1,163 (87) 1,076 (1,638) 562 Public Facility - Library Impact
Fund (104) 0 (26) (26) 26 (2) (2) 0 (2) 0 2
Police Impact Fund (105) 140 (3,308) (3,168) 399 (415) (3,184) 0 (3,184) 0 3,184 Fire Impact Fund (106) 798 0 798 380 (5) 1,173 (75) 1,098 (150) 0 Park & Recreation Facilities Fund
(211) 8,885 0 8,885 2,155 (511) 10,528 (10,415) 113 (54,218) 54,105 Storm Sewer Construction Fund
(221) 4,483 0 4,483 1,265 (1,174) 4,574 (1,899) 2,675 (13,678) 11,003 Wastewater Trunk Line
Construction (231) 13,452 0 13,452 1,626 (148) 14,930 (12,571) 2,358 (8,741) 6,382 Sewer Connection Fund (232) 1,643 0 1,643 795 (3) 2,435 0 2,435 0 0 Transportation Impact Fund (241)22,183 (3,533) 18,650 5,434 (391) 23,693 (25,676) (1,983) (49,808) 51,791 Waterways Fund (261) 3,903 0 3,903 497 (281) 4,119 (1,531) 2,589 (6,561) 3,972 Vehicle Miles Travel Fund (286) 0 0 0 26 0 26 0 26 0 0
Northeast Capital Improvement
Fund (291) 707 0 707 8 (25) 690 (677) 13 0 0
Total $64,900 ($6,867) $58,033 $13,125 ($2,968) $68,189 ($52,931) $15,259($134,792)$131,001

SUMMARY REPORT
2022/23 Impact Fee Funds
(In thousands)
Visalia City Council Page 4 of 7 Printed on 4/26/2024
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File #: 23-0430 Agenda Date: 12/18/2023 Agenda #: 8.

SUMMARY REPORT
2022/23 Impact Fee Funds
(In thousands)
Table 2 is a summary of all the Impact Funds and shows the future revenue required in each fund to pay for both current projects and future projects included in the Capital Budget plan through 2027-28.

As new development occurs, additional impact fees will be collected to fund the projects reflected in the “Future Revenue Required” column of Table 2. Four funds are shown as not needing future revenue at this time due to projects not being listed in the current 6 year plan. These funds are the Civic Center fund, Sewer Connection fund, Vehicle Miles Traveled fund and the Northeast Capital Improvement fund. Below is more detail on the funds:
· Civic Center-Public Facility Fees (102) and the Public Safety funds will be used to help fund Phase 2 of the Civic Center project which will construct the Public Safety Office Building, Evidence Building, and Council Chambers. In addition to impact fees, Civic Center Phase 2 will receive funding from other sources. This project, which is currently under design, will require a significant investment and in anticipation of this, impact fees are being accumulated to be used to help finance this project.
· Sewer Connection Fund (232) does not have any future projects due to the sewer master plan being updated. The plan is currently under contract and being updated by the Engineering Department. Once the plan is updated, staff will return to Council to increase the fee and fund several new projects.

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· Vehicle Miles Traveled Fund (286) is a new fund with a new fee that was collected in FY 22/23. There are no projects currently identified for the fund and will be reviewed with the upcoming budget process.
· Northeast Capital Fund (291) has no future projects identified in this current 6-year plan to allow funds to accumulate to be able to fund additional projects. The fund currently has approximately $13,400 in cash available.

The Police (105) and Library Impact (104) Funds do not show any future capital improvement needs however, they are each repaying internal loans and debt financing which are discussed in more detail below.
· The Library Impact Fees (104) have contributed to a joint project with Tulare County for the rehabilitation and expansion of the Visalia branch of the Tulare County Library. The project converted the old unused library building which had been replaced by new construction in 1976, for use as a children’s library wing, and provided upgrades to the main library building.

The rehabilitation project was completed in 2010 and the total amount of the loan from the General Fund to pay the impact fee portion of the project was $269,189. The loan will be paid off in this fiscal year.
· The Police Impact Fund shares in the cost of the Visalia Emergency Communications Center by paying a portion of the debt payment. This debt was issued August 2015 for a total of $23.3 million (VECC and Convention Center renovation) to be paid back in 15 years (FY 29-30). This funds share is 26.25% or $6.1 million. This funds portion of the debt payment for FY 22/23 was $414,151 and the ending balance of the remaining obligation in this fund is $2,893,707.

The Impact Fee Report shows an amount required for future projects. This future project amount is taken from the 6-Year Capital Plan that was adopted with the City’s 2 Year Budget in June 2022. The Capital Plan is amended throughout the year as Council approves projects that need to move forward or as opportunities arise.

Fiscal Impact:

The Annual Impact Fee Report summarizes actual data from events that have already occurred.

There is no fiscal Impact which will result from review and acceptance of the report.

Prior Council Action: The Annual Impact Fee Report is brought to Council within 180 of the last day of each fiscal year. The report was last reviewed by Council on December 5, 2022 Other: Click or tap here to enter text.

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Alternatives: Click or tap here to enter text.

Recommended Motion (and Alternative Motions if expected):

I move that Council receives, reviews, and files the report...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment 1: City of Visalia Impact Fee Report for Fiscal Year 2022/23 Visalia City Council Page 7 of 7 Printed on 4/26/2024
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City of VisaIia

IMPACT FEE REPORT
Fiscal Year 2022-23
346
ii
2022-23 IMPACT FEE REPORT
Table of Contents
Summary Report .............................................................................................................1 Public Facility - Civic Center Impact Fund (102)...........................................................2-3

1. Civic Center Impact Fund Balance.......................................................................2

2. Civic Center Impact Project Status ......................................................................3 Public Facility - Corporation Yard Impact Fund (103) ...................................................4-5

1. Corporation Yard Impact Fund Balance...............................................................4

2. Corporation Yard Impact Project Status...............................................................5 Public Facility - Library Impact Fund (104) ...................................................................6-8

1. Library Impact Fund Balance ...............................................................................6

2. Library Impact Project Status...............................................................................7

3. Public Facilities Impact Fees ...............................................................................8 Police Impact Fund (105) ...........................................................................................9-10

1. Police Impact Fund Balance ................................................................................9

2. Police Impact Project Status ..............................................................................10 Fire Impact Fund (106).............................................................................................11-13

1. Fire Impact Fund Balance..................................................................................11

2. Fire Impact Project Status..................................................................................12

3. Public Safety Impact Fees .................................................................................13 Park & Recreation Facilities Fund (211) ...................................................................14-17

1. Park & Recreation Facilities Fund Balance ........................................................14

2. Park & Recreation Facilities Project Status........................................................15

3. Park & Recreation Impact Fees .........................................................................17 Storm Sewer Construction Fund (221) .....................................................................18-22

1. Storm Sewer Construction Fund Balance ..........................................................18

2. Storm Sewer Construction Project Status ..........................................................19

3. Storm Sewer Construction Impact Fees.............................................................21 Wastewater Trunk Line Construction Fund (231) .....................................................23-25

1. Wastewater Trunk Line Construction Fund Balance ..........................................23

2. Wastewater Trunk Line Construction Project Status ..........................................24

3. Trunk Line Impact Fees .....................................................................................25 347
iii
Table of Contents (Continued)
Sewer Connection Fund (232)..................................................................................26-28

1. Sewer Connection Fund Balance.......................................................................26

2. Sewer Connection Project Status ......................................................................27

3. Connection Fees ...............................................................................................28 Transportation Impact Fund (241) ............................................................................29-35

1. Transportation Impact Fund Balance .................................................................29

2. Transportation Impact Fund Project Status........................................................30

3. Transportation Impact Fees ...............................................................................33 Waterways Fund (261).............................................................................................36-39

1. Waterways Fund Balance..................................................................................36

2. Waterways Fund Project Status.........................................................................37

3. Waterways Impact Fees ....................................................................................39 Vehicle Miles Traveled (286).........................................................................................40

1. Vehicle Miles Traveled Fund Balance................................................................40 Northeast Capital Improvement Fund (291)..............................................................41-43

1. Northeast Capital Improvement Fund Balance...................................................41

2. Northeast Capital Improvement Fund Project Status .........................................42

3. Northeast Capital Improvement Impact Fees.....................................................43 Attachments:

City of Visalia 6 Year Capital Improvement Program ..........................................44-68 348
1 Fund
Beginning
Cash Balance
7/1/22●
Beginning
Balance Total Revenue
Total
Expenditures
Ending Cash
Balance
6/30/23
C.I.P Money
Appropriated
6/30/23
Future C.I.P.

Projects
2023/24-2027/28
Future
Revenue
Needed
Public Facility - Civic Center Impact
Fund (102) 1 $7,628,743 $0 $7,628,743 $426,844 ($10,718) $8,044,869 $0 $8,044,869 $0 0Public Facility - Corportation Yard Impact Fund (103) 1,075,977 0 $1,075,977 89,307 (2,299) 1,162,985 (87,100) 1,075,885 (1,637,500) 561,615 Public Facility - Library Impact Fund (104) 2 0 (26,021) ♦ ($26,021) 25,830 (1,729) (1,919) 0 (1,919) ♦♦ 0 1,919Police Impact Fund (105) 2 140,166 (3,307,858) ♦ ($3,167,692) 398,512 (415,231) (3,184,412) 0 (3,184,412) ♦♦ 0 3,184,412 Fire Impact Fund (106) 798,073 0 $798,073 379,870 (5,423) 1,172,519 (75,000) 1,097,519 (150,000) 0Park & Recreation Facilities Fund (211) 8,884,535 0 $8,884,535 2,154,570 (511,319) 10,527,786 (10,415,055) 112,731 (54,218,100) 54,105,369Storm Sewer Construction Fund (221) 4,482,960 0 $4,482,960 1,264,959 (1,174,049) 4,573,871 (1,899,174) 2,674,697 (13,677,500) 11,002,803Wastewater Trunk Line Construction (231) 13,452,164 0 $13,452,164 1,625,971 (148,376) 14,929,759 (12,571,261) 2,358,497 (8,740,700) 6,382,203 Sewer Connection Fund (232) 1 1,643,123 0 $1,643,123 794,885 (2,764) 2,435,244 0 2,435,244 0 0Transportation Impact Fund (241) 22,183,239 (3,533,033) ♦ $18,650,206 5,433,551 (390,581) 23,693,176 (25,675,865) (1,982,689) ♦♦ (49,808,000) 51,790,689 Waterways Fund (261) 3,903,486 0 $3,903,486 496,553 (280,672) 4,119,366 (1,530,633) 2,588,733 (6,560,500) 3,971,767 Vehicle Miles Travel Fund (286) 0 0 $0 26,144 0 26,144 0 26,144 0 0Northeast Capital Improvement Fund (291) 1 707,305 0 $707,305 7,603 (24,950) 689,958 (676,537) $13,421 0 0 Total $64,899,771 $58,032,860 $13,124,598 ($2,968,112) $68,189,346 ($52,930,625) ($134,792,300) $131,000,776 ●
A detailed list of Future CIP projects is provided in the attached 6 Year Capital Improvement Program that was approved by the City Council on June 20, 2022 with the City's 2-Year Budget.

Details of adjustments to Beginning Cash Balance made in accordance with the Audit are provided in the footnotes of the Fund Balance Summary for each Impact fee fund. ($6,866,911)
1) The Public Facility - Civic Center Impact Fund (102), Sewer Conneciton Fund (232), Vehicle Miles Traveled (286), and Northeast Capital Fund (291) show no ♦ Details of Internal Loan/Developer Agreement Balances are provided in the footnotes of the Fund Balance Summary for each Impact fee fund. ♦♦ Funds showing negative ending resources available have appropriations which exceed their current available cash. These funds will either have a General Fund advance or loan to cover the negative. future projects. These funds will be
reviewed in the next 2-year capital budget process to determine future projects.

SUMMARY REPORT
2022/23 Impact Fee Funds
Ending
Resources
Available
$15,258,721
2) Public Facility-Library Impact Fund (104), Police Impact Fund (105) show no funding for future projects. These funds are currently paying down a loan or an advance for past projects. These funds will be reviewed in the next 2-year capital budget process to determine their ability to fund additional projects.

Internal Loan/
Developer
Agreement
Balances
349
2 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 7,628,743
Revenue
Investment Earnings 83,708
Public Facility - Civic Center Impact Fee 343,136
Total Revenues 426,844
Expenditure
Servicing Fees/Audit/Revenue/Accounting (10,718)
Total Expenditure (10,718)
Ending Cash Balance 6/30/23 8,044,869
C.I.P Money Appropriated 6/30/23 0
Ending Resources Available 6/30/23 8,044,869
Future C.I.P. Projects 2023/24-2027/28 0
Future Revenue Needed $ -
Public Facility - Civic Center Impact Fund (102)
Impact Fee Report 2022/23
Note: Although the Civic Center fund expenditures or future capital don't show it yet, the Civic Center Fund will share in the cost of Phase 2 of the Civic Center. 350
3 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
102 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 22/23.

Funds will be used for construction of the Civic Center. Phase 2 of design began in FY 20/21 (CP0374) funded by General Fund reserves (003-Civic Center Reserve). Design work will continue in FY 22/23. 0 0 0
Expenditure Total $ - $ - $ -
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Public Facility - Civic Center Fund (102)
Project Status Report (FY 22/23)
This fund is derived from Public Facility impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, and not for operation and maintenance.

Fiscal Year 22/23 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 351
4 AB1600
Actuals
Beginning Cash Balance 7/1/22 $ 1,075,977
Revenue
Investment Earnings 11,788
Public Facility - Corporation Yard Impact Fee 77,519
Total Revenues 89,307
Expenditure
Servicing Fees/Audit/Revenue/Accounting (2,299)
Total Expenditure (2,299)
Ending Cash Balance 6/30/23 1,162,985
C.I.P Money Appropriated 6/30/23 (87,100)
Ending Resources Available 6/30/23 1,075,885
Future C.I.P. Projects 2023/24-2027/28 (1,637,500) *
Future Revenue Needed $ 561,615
Public Facility - Corporation Yard Impact Fund (103)
Impact Fee Report 2022/23
*A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget 352
5 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
103 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 22/23. 0 0 0
Expenditure Total 0 0 0
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Public Facility - Corporation Yard Fund (103)
Project Status Report (FY 22/23)
This fund is derived from Public Facility impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities for the Corporation Yard, and not for operation and maintenance.

Fiscal Year 22/23 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 353
6 AB1600
Actuals
Beginning Cash Balance 7/1/22 $ -
Internal Loan Balances (26,021) *
Beginning Balance (26,021)
Revenue
Public Facility - Library Impact Fee 25,830
Total Revenues 25,830
Expenditure
Servicing Fees/Audit/Revenue/Accounting (1,391)
Interest Expense-General Fund Advance (337)
Total Expenditure (1,729)
Ending Cash Balance 6/30/23 (1,919)
C.I.P Money Appropriated 6/30/23 0
Ending Resources Available 6/30/23 (1,919)
Future C.I.P. Projects 2023/24-2027/28 0
Future Revenue Needed $ 1,919
Public Facility - Library Impact Fund (104)
Impact Fee Report 2022/23
* The Internal loan is from the Library rehabilitation project that was completed in 2010. The total amount of the loan was $269,189 and the balance of the loan at June 30, 2023 is $1,919.48. At the end of each month, the cash balance of this fund is used to pay down the General Fund advance. All advances receive an interest charge which is calculated by taking the City of Visalia portfolio earnings rate + 1%. The annual rate charged on General Fund advances averaged 2% in the 2022/23 Fiscal Year.
354
7 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
104 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 22/23Fund is paying back a loan for prior capital projects.
0 0 0
Expenditure Total $ - $ - $ -
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Public Facility - Library Fund (104)
Project Status Report (FY 22/23)
This fund is derived from Public Facility impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities for the Library, and not for operation and maintenance.

Fiscal Year 22/23 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 355
8356
9 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 140,166
2015 COP Debt for VECC (principal + est. interest) (3,307,858) * Beginning Balance (3,167,692)
Revenue
Police Impact Fee 397,942
Investment Earnings 569
Total Revenues 398,512
Expenditure
Servicing Fees/Audit/Revenue/Accounting (1,080)
Debt Payment (414,151)
Total Expenditure (415,231)
Ending Cash Balance 6/30/23 (3,184,412)
C.I.P Money Appropriated 6/30/23 0
Ending Resources Available 6/30/23 (3,184,412)
Future C.I.P. Projects 2023/24-2027/28 0
Future Revenue Needed $ 3,184,412
Police Impact Fund (105)
Impact Fee Report 2022/23
* The 2015 COP Debt is for the Visalia Emergency Communication Center (VECC). The total debt financing for the VECC is 15 years and $23 million. Police Impact Fee Fund is responsible for

26.25%, or $6,123,721.31. The balance as of 6/30/23 is $2,893,706.66 357
10 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
105 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 22/23 Fund is contributing towards debt service on the Visalia Emergency Communication Center (VECC) building.
0 0 0
Expenditure Total $ - $ - $ -
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Police Impact Fund - 105
Project Status Report (FY 22/23)
This fund is derived from Public Safety impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Fiscal Year 22/23 Activity
358
11 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 798,073
Beginning Balance 798,073
Revenue
Fire Impact Fee 369,689
Investment Earnings 10,181
Total Revenues 379,870
Expenditure
Servicing Fees/Audit/Revenue/Accounting (1,641)
Interest Expense-General Fund Advance (554)
Capital Improvement Program (3,228)
Total Expenditure (5,423)
Ending Cash Balance 6/30/23 1,172,519
C.I.P Money Appropriated 6/30/23 (75,000)
Ending Resources Available 6/30/23 1,097,519
Future C.I.P. Projects 2023/24-2027/28 (150,000) *
Future Revenue Needed $ -
Fire Impact Fund (106)
Impact Fee Report 2022/23
*A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget 359
12 Fund Description
Number
Total Project
Appropriation
(All Funds)
Total
Fiscal Year
Expenditures
106 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Public Safety Traffic signal Pre-emption
System - Install Pre-emption Systems in existing traffic signals. This system allows emergency response vehicles to control traffic signals along their route. (CP9531 Multi-funded project) 125,225 (4,218) (3,228) X March 2023
Current Phase was awarded on 2/7/2022 council meeting, installed 4 EVP systems, completed in March 2023. Next phase will proceed in FY23/24.

Expenditure Total 125,225 (4,218) (3,228)Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Fire Impact Fund - 106
Project Status Report (FY 22/23)
This fund is derived from Public Safety impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Fiscal Year 22/23 Activity
360
13361
14 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 8,884,535
Revenue
Investment Earnings 108,825
Park & Recreation Fees 2,044,246
Misc Revenues 1,500
Total Revenues 2,154,570
Expenditure
Servicing Fees/Audit/Revenue/Accounting (25,239)
Capital Improvement Program (486,080)
Total Expenditure (511,319)
Ending Cash Balance 6/30/23 10,527,786
C.I.P Money Appropriated 6/30/23 (10,415,055)
Ending Resources Available 6/30/23 112,731
Future C.I.P. Projects 2023/24-2027/28 (54,218,100) *
Future Revenue Needed $ 54,105,369
Park & Recreation Facilities Fund (211)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget.

Impact Fee Report 2022/23
362
15 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
211 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
East Side Regional Park & Ground Water Recharge - Design and environmental work for the East Side Regional Park & Groundwater Recharge Project.(CP0123 - Multi-funded project)
1,278,879 (74,180) (57,567) X Not applicable
Environmental work consisting of the EIR anticipated to be complete by end of 2023. Annexation of approximately 128 acres located north of Mill Creek estimated to be completed by July 2024.

Construct East Side Regional Park Basin G - Design and construction of Park Basins(CP0185 - Multi-funded project)
6,950,049 (2,167,023) (391,544) X 2024
Civil Construction to be completed early 2024. Estimated landscape construction completion by end of 2024.

Riverway Sports Park - North: Comprehensive plan for the area north of the Riverway Sports Park, including an overflow parking lot (CP0299) 1,750,000 (16,837) (16,837) X 2026
In design preparing for the annexation of the dog park parcel.

Construct East Side Regional Park
Basin F/G - Design and construction of Park Basins(CP0371 - Multi-funded project) 3,002,900 (19,767) (7,788) X
Consultant to complete design of basin F in 2024. Construction is currently unfunded.

Financing Complete?
Park & Recreational Facilities Fund - 211
Project Status Report (FY 22/23)
This fund includes monies from fees paid by developers in lieu of providing parks and open space. Funds are to be used only for open space acquisition and providing park and other recreational facilities.

Fiscal Year 22/23 Activity
363
16 East Side Basin D: Construction of Basin D at the Eastside regional Park (CP0396 - Multi-funded project)
2,653,384 (71,015) (3,782) X 2024
Consultant to complete design early in 2024. Construction complete by end of 2024.

City Inclusive Park: Inclusive Park on
Oak St between Burke St and Imagin U Children's Museum (CP0595 - Multifunded project) 7,880,352 (92,287) (6,092) X 2026
Preliminary Engineering and Design started.

Riverway Community Dog Park:
(CP0612 - Multi-funded project) 291,952 (527) (527) X 2026 Design underway, consultant scheduled to complete design in Spring 2025.

Northside Scenic Corridor - Hillsdale Park/Strom Basin (CP9719 - Multifunded project) 710,000 (4,725) (1,943) X
Potential change in scope/design underway. Construction on hold for now.

Expenditure Total 24,517,516 (2,446,362) (486,080)
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Park & Recreational Facilities Fund - 211 (continued on next page) Project Status Report (FY 22/23)
364
17365
18 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 4,482,960
Revenue
Storm Drain Impact Fees 623,399
Storm Master Plan Fees 521,289
Investment Earnings 46,620
Misc Revenues 73,651
Total Revenues 1,264,959
Expenditure
Operating Expeditures (6,594)
Servicing Fees/Audit/Revenue/Accounting (25,277)
Capital Improvement Program (1,142,178)
Total Expenditure (1,174,049)
Ending Cash Balance 6/30/23 4,573,871
C.I.P Money Appropriated 6/30/23 (1,899,174)
Ending Resources Available 6/30/23 2,674,697
Future C.I.P. Projects 2023/24-2027/28 (13,677,500) *
Future Revenue Needed $ 11,002,803
Storm Sewer Construction Fund (221)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget.

Impact Fee Report 2022/23
366
19 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
221 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Status
Storm Water Management Plan: Develop a Citywide storm water management plan (SWMP) for Visalia(CP0227 - Multi-funded project) 398,978 (9,095) (96) X Not applicable
Consultant is approximately 95% complete with scope of work. A few outreach materials and training sessions to be conducted by the consultant for the City still needed. Anticipate to be completed in FY 23-24.

Auto Plaza Basin Expansion: to allow expansion for needed capacity within the Plaza Business Park and the Square at Plaza Drive. (CP0302)
150,000 (418) (418) X
TBD, contingent upon adjacent development.

Goshen Ave Storm Drain Line - Burke St to Ben Maddox Way - Extend existing strom drain line. (CP0303) 798,000 (2,493) (2,493) X 2024
Construction anticipated 2024.

Storm Sewer Construction Administration: Staff preliminary design and administration of new storm sewer construction projects as identified in the Storm Sewer Master Plan. (CP8222) 10,000 (1,953) (1,953) X Not applicable
On-going storm sewer master plan administration, including grant application processing and implementation of the existing master plan.

Financing Complete?
Storm Sewer Construction Fund - 221
Project Status Report (FY 22/23)
This fund is derived from Storm Sewer impact fees collected at the time of development. Funds are to be used only for construction of new storm sewer lines to implement the Storm Sewer Master Plan.

Fiscal Year 22/23 Activity
367
20 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
221 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Status
Storm Sewer Master Plan Update: Update the City's 1994 plan including development impact fee update. (CP9067)
576,849 (160,393) (160,393) X Not applicable
Project awarded to Carollo Engineers in September 2018. Storm system modeling and CIP development had many unexpected delays. Draft master plan, nexus study, and final draft still to be completed. Anticipate to be completed 2024.

Northside Scenic Corridor - Hillsdale Park/Strom Basin (CP9719 - Multifunded project) 710,000 (4,725) (2,619) X
Potential change in scope/design underway. Construction on hold for now.

Storm Sewer Oversizing: Construct various storm drain lines. (CP9229) 1,100,000 (974,043) (974,043) X On going for reimbursement to developers for storm sewer improvements Expenditure Total 3,743,827 (1,153,121) (1,142,015)
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Storm Sewer Construction Fund - 221 (continued from previous page) Project Status Report (FY 22/23)
Fiscal Year 22/23 Activity Financing Complete?
368
21369
22370
23 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 13,452,164
Revenue
Investment Earnings 152,657
Trunk Line Capacity Fee 402,046
Front Footage Fee 479,199
Sewer Masterplan Fees 592,069
Total Revenues 1,625,971
Expenditure
Servicing Fees/Audit/Revenue/Accounting (40,160)
Capital Improvement Program (108,216)
Total Expenditure (148,376)
Ending Cash Balance 6/30/23 14,929,759
C.I.P Money Appropriated 6/30/23 (12,571,261)
Ending Resources Available 6/30/23 2,358,497
Future C.I.P. Projects 2023/24-2027/28 (8,740,700) *
Future Revenue Needed $ 6,382,203
Wastewater Trunk Line Construction (231)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget.

Impact Fee Report 2022/23
371
24 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
231 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Sanitary Sewer Master Plan: Update the
City's Sanitary Sewer Collection System Master Plan based on the prior master plan. (CP0015) 350,987 (21,713) (21,713)
X
Not applicable Project awarded to Carollo Engineers in
September 2018. Sewer draft master plan complete, Nexus Study and final draft remaining. Delays caused in coordination with Storm Sewer Master Plan Update (CP9067).

Shirk Street and Walnut Ave traffic signal:

Install signal after the SCE underground conversion and roadway improvements are completed on Shirk Street and Walnut Avenue. (CP0045 - Multi-funded project)
1,321,900 (2,171) (898)
X
Fall 2025 Project design awarded to QK Inc in October
2019. Construction approximate completion date in Fall 2025.

Shirk Capacity Enhancement/Sewer Trunk
Line - extends sewer line from School to Goshen and Goshen to Riggin and widens Shirk from Goshen to Riggin and Goshen to Hillsdale Ave (CP0369 - Multi-funded project)
12,824,421 (73,397) (26,275)
X
End of 2024 Design underway. Construction of sewer truck line tentatively scheduled to begin early 2024. The capacity enhancement construction tentatively scheduled to begin Summer 2024.

Sewer Line Preliminary Engineering: Preliminary engineering and design work necessary to provide developers and engineers with adequate information to constuct master planned sewer lines with proposed development projects. (CP9234)
20,000 (4,070) (4,070)
X
Not applicable Project ongoing.

Sanitary Sewer Developer Reimbursement (CP9318)
110,000 (55,260) (55,260) X
Project ongoing. Reimbursements performed on an as-needed basis.

Expenditure Total 14,607,308 (156,611) (108,216)
The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Project Status Report (FY 22/23)
Wastewater Trunk Line Construction Fund - 231
This fund's revenues are derived from Sanitary Sewer and Trunk Line Connection Fees. Funds are to be used only for new sanitary sewer trunk line construction, and not for operation and maintenance.

Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

Fiscal Year 22/23 Activity
372
25373
26 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 1,643,123
Beginning Balance 1,643,123
Revenue
Investment Earnings 21,802
Treatment Connection Fees 773,084
Total Revenues 794,885
Expenditure
Servicing Fees/Audit/Revenue/Accounting (2,764)
Total Expenditure (2,764)
Ending Cash Balance 6/30/23 2,435,244
C.I.P Money Appropriated 6/30/23 0
Ending Resources Available 6/30/23 2,435,244
Future C.I.P. Projects 2023/24-2027/28 0 *
Future Revenue Needed $ -
Sewer Connection Fund (232)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget.

Impact Fee Report 2022/23
374
27 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
232 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
This fund has no projects in FY 22/23
Fund has recently paid back a loan for prior capital projects. Funding will be used for evaluation of future needs and design of future Treatment Plant expansion.
0 0 0
Expenditure Total $ - $ - $ -
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Sewer Connection Fund (232)
Project Status Report (FY 22/23)
This fund is derived from Treatment Plant connection fees. They are to be used only for Treatment Plant expansions. Funds are not to be used for operation and maintenance.

Fiscal Year 22/23 Activity
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. 375
28376
29 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 22,183,239
Developer Contracts (3,533,033) *
Beginning Balance 18,650,206
Revenue
Investment Earnings 264,738
Residential Impact Fees 2,443,021
Commercial Impact Fees 1,162,801
Industrial Impact Fees 376,304
Office Impact Fees 700,382
Institutional Impact Fees 558,138
Infill Credit Impact Fee (71,847)
Misc Revenue 14
Total Revenues 5,433,551
Expenditure
Servicing Fees/Audit/Revenue/Accounting (42,931)
Capital Improvement Program (347,650)
Total Expenditure (390,581)
Ending Cash Balance 6/30/23 23,693,176
C.I.P Money Appropriated 6/30/23 (25,675,865)
Ending Resources Available 6/30/23 (1,982,689)
Future C.I.P. Projects 2023/24-2027/28 (49,808,000) **
Future Revenue Needed $ 51,790,689
Transportation Impact Fund (241)
** A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget. * According to Resolution No. 2004-117 adopted by City council on October 18, 2004, the City will reimburse Developers for street improvements made to Arterial or Collector streets in accordance with the City's circulation element. The beginning balance at 7/1/22 for Developer Agreements is $3,533,032.51. During this fiscal year, $624,404.47 was paid to developers.

Impact Fee Report 2022/23
377
30 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Stonebrook Crossing of Packwood
Creek: Construct Stonebrook street culvert crossing (CP0043) 1,046,000 (2,930) (2,930) X 2025
Design services contract awarded November 2020 and currently underway. Construction approximate completion date in early 2025.

Shirk Street and Walnut Ave traffic signal: Install signal after the SCE underground conversion and roadway improvements are completed on Shirk Street and Walnut Avenue. (CP0045 - Multi-funded project)
1,321,900 (2,171) (1,273) X Fall 2025
Project design awarded to QK Inc in October 2019. Construction approximate completion date in Fall 2025.

East Side Regional Park & Ground
Water Recharge - Design and environmental work for the East Side Regional Park & Groundwater Recharge Project.(CP0123 - Multi-funded project)
1,278,879 (74,180) (1,433) X Not applicable
Environmental work consisting of the EIR anticipated to be complete by end of 2023. Annexation of approximately 128 acres located north of Mill Creek estimated to be completed by July 2024.

Shirk St & Walnut Ave Roadway Improvements: Complete roadway projects along Shirk and Walnut. (CP0196)
200,000 0 0 X Fall 2025
Construction approx. completion date in Fall 2025.

Storm Water Management Plan: Develop a Citywide storm water management plan (SWMP) for Visalia (CP0227 - Multi-funded project)
398,978 (9,095) (278) X Not applicable
Consultant is approximately 95% complete with scope of work. A few outreach materials and training sessions to be conducted by the consultant for the City still needed. Anticipate to be completed in FY 23-24.

Financing Complete?
Transportation Impact Fund - 241
Project Status Report (FY 22/23)
This fund is derived from fees collected at the time of building permit issuance. Funds can be used only for new street improvements and expansion of transportation facilities related to growth.

Fiscal Year 22/23 Activity
378
31 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Shirk Interchange at SR 198 ICE Study - Work with CalTrans to go through the Intersection Control Evaluation (ICE) process to prepare a study thatidentifies near-term operation access strategies and concepts to improve this major intersection. (CP0295 - Multi-funded project) 434,000 (12,235) (4,894) X Not applicable
Feasibility Study Completed summer 2023.

Shirk Street Widening over Mill Creek - 330 ft extension of the Shirk st culvert (CP0305) 4,782,600 (104,564) (100,648) X 2025
Currently in design, environmental study and regulatory permitting stages. Construction anticipated to begin in late summer 2024.

Houston-Santa Fe Roundabout Landscaping - Design and install irrigation and landscaping within the Houston-Santa Fe roundabout. Design will include maintenance access. (CP0307)
69,500 (13,717) (13,717) X November 2023
Landscaping underway. Aniticpated to be complete in November 2023.

Santa Fe Environmental Cleanup - Remove elevated railroad embankment along the future Santa Fe Street Corridor from Houston to Riggin to correcting limited visibility for trail users. (CP0308) 750,000 (143,634) (143,634) X 2025
Preliminary design underway. Construction anticipated to be complete in 2025.

Visalia Parkway Widening at Mooney Blvd (SR-63): Widen to ultimate ROW width (110') to accommodate 300' left turn pocket on east and west bound approaches to Mooney Blvd to reduce delays. (CP0408) 2,875,000 (148,673) (52,241) X February 2024
Currently in the design phase. Construction is anticipated to begin in Spring 2023 and is anticipated to be completed in February 2024.

Transportation Impact Fund - 241 (continued on next page 2 of 3) Project Status Report (FY 20/21)
Fiscal Year 21/22 Activity Financing Complete?
379
32 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
241 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Widen Riggin from Mooney to Conyer.
(CP0473) 4,939,000 (287,980) (256,932) X 2024 Q1
Design complete, currently pending RFB
advertisement. Construction approximate completion date of Fall 2024.

Visalia Parkway Improvements - North
Half - Extend Vislaia Parkway between Stonebrooke Street and Court Street (CP0519)
631,400 (42,698) (42,698) X 2026 Developing scope for RFP, anticipate construction to be completed in 2026.

Traffic Signal Modificaitons at Lovers Lane and Walnut Ave (CP0521 - Multi funded project)
755,000 (9,546) (9,546) X 2024
Sole source scope w/ QK. Anticipated construction start-up and completion in late 2024.

Linwood Street Embankment: Design
and construct the embankment of the future Lindwood Street extension north of Riggin (CP0568) 367,500 (3,550) (3,550) X 2025
Preliminary Engineering is underway in preparation to move into design engineering phase.

Reimburse developers - Reimburse developers for additional costs incurred when constructing required arterial & collector streets with their development. (CP9130) 1,100,000 (292,201) (292,201) X
Annual project to reimburse developers for street over-sizing for Collector and Arterial Streets.

Circulation Element and Transportation Impact Fee Administration - Staff time and consultant cost to administer the Transportation Impact Fee program. (CP9633)
100,000 (6,077) (6,077) X Not applicable Staff time to Administer the Program is ongoing.

Expenditure Total 27,249,588 (1,153,252) (932,053)
Project Status Report (FY 22/23)
Financing Complete?
Transportation Impact Fund - 241 (continued from previous page - 3 of 3) Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project.

The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. The column labeled "fund expenditures" includes only expenditures from this fund.

Fiscal Year 22/23 Activity
380
33381
34382
35383
36 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 3,903,486
Revenue
Investment Earnings 47,743
Waterway Acquisition Fees 448,809
Total Revenues 496,553
Expenditure
Servicing Fees/Audit/Revenue/Accounting (8,286)
Capital Improvement Program (272,386)
Total Expenditure (280,672)
Ending Cash Balance 6/30/23 4,119,366
C.I.P Money Appropriated 6/30/23 (1,530,633)
Ending Resources Available 6/30/23 2,588,733
Future C.I.P. Projects 2023/24-2027/28 (6,560,500) *
Future Revenue Needed $ 3,971,767
Waterways Fund (261)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget.

Impact Fee Report 2022/23
384
37 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
261 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
Packwood Trail including 3 sections: design and construct class 1 trail along Packwood Creek between Santa Fe and Crumal. (CP0012 - Multi-funded project) 1,699,061 (73,626) (2,101) X
July 2022 Project construction is complete and project
closed out.

East Side Regional Park & Ground Water Recharge - Design and environmental work for the East Side Regional Park & Groundwater Recharge Project.(CP0123 - Multi-funded project) 1,278,879 (74,180) (1,457) X Not applicable
Environmental work consisting of the EIR anticipated to be complete by end of 2023. Annexation of approximately 128 acres located north of Mill Creek estimated to be completed by July 2024.

Construct East Side Regional Park Basin G - Design and construction of Park Basins(CP0185 - Multi-funded project) 6,950,049 (2,167,023) (9,950) X 2024
Civil Construction to be completed early
2024. Estimated landscape construction completion by end of 2024.

Construct East Side Regional Park Basin F/G - Design and construction of Park Basins (CP0371 - Multi-funded project)
3,002,900 (19,767) (188) X
Consultant to complete design of basin F in 2024. Construction is currently unfunded.

Financing Complete?
Waterways Fund - 261
Project Status Report (FY 22/23)
This fund is derived from a combination of monthly storm sewer rates and developer impact fees. The funds are restricted for acquisition of development setbacks along waterways designated in the Visalia General Plan, restoration of riparian vegetation, and maintenance of the setback areas.

Fiscal Year 22/23 Activity
385
38 Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
261 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
East Side Basin D: Construction of
Basin D at the Eastside regional Park (CP0396 - Multi-funded project) 2,653,384 (71,015) (1,054) X 2024
Consultant to complete design early in 2024. Construction complete by end of 2024.

Aquire and Restore Riparian Area Right of Way (CP0427) 500,000 (252,000) (252,000) Work with developers to purchase Right-ofWay along waterways as part of development to preserve and restore native riparian vegetation.

St Johns Bike/Pedestrain Trail - Riggin to Dinuba Blvd: Design and construct trail along St Johns River between Riggin and Dinuba Blvd. (CP8131 - Multifunded project) 1,763,802 (5,636) (5,636) X
2024 Trail construction is complete. Landscaping
phase underway, pending additional funds.

Expenditure Total 17,848,075 (2,663,247) (272,386)
Financing Complete?
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources.

The column labeled "fund expenditures" includes only expenditures from this fund.

Fiscal Year 22/23 Activity
Project Status Report (FY 22/23)
Waterways Fund - 261 (continued from previous page)
386
39387
40 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ -
Revenue
Investment Earnings 0
Vehicle Miles Travel Impact Fee 26,144 *
Total Revenues 26,144
Expenditure
Total Expenditure 0
Ending Cash Balance 6/30/23 26,144
C.I.P Money Appropriated 6/30/23 0
Ending Resources Available 6/30/23 26,144
Future C.I.P. Projects 2023/24-2027/28 0 *
Future Revenue Needed $ -
Vehicle Miles Travel Fund (286)
Impact Fee Report 2022/23
* This is a new fee that was collected in this fiscal year (FY 22/23) and a new fund was created it for it. The Vehicle Miles Travel fund was created to track these fees. 388
41 AB1600 Actuals
Beginning Cash Balance 7/1/22 $ 707,305
Revenue
Investment Earnings 7,603
Total Revenues 7,603
Expenditure
Servicing Fees/Audit/Revenue/Accounting (1,487)
Capital Improvement Program (23,463)
Total Expenditure (24,950)
Ending Cash Balance 6/30/23 689,958
C.I.P Money Appropriated 6/30/23 (676,537)
Ending Resources Available 6/30/23 13,421
Future C.I.P. Projects 2023/24-2027/28 0 *
Future Revenue Needed $ -
Northeast Capital Improvement Fund (291)
* A detail list of Future CIP projects is listed in the attached 6 Year Capital Improvement Program that was approved by Council June 2022 with the City's 2 Year Budget.

Impact Fee Report 2022/23
389
42 Fund Description
Number
Total Project
Appropriation
Total
Fiscal Year
Expenditures
291 Fund
Expenditures Yes No
If Yes, Approx.

Construction Date Project Current Status
McAuliff Sidewalk Gap Improvments:

On west side of McAuliff from Mill Creek Drive to Douglas Ave (CP0429) 700,000 (23,463) (23,463) X 2026 Developing scope for RFP, anticipate construction to be completed in 2026.

Expenditure Total 0 0 0
Note: Projects that are labeled "multi-funded" have multiple funds contributing towards the project. The column labeled "fund expenditures" includes only expenditures from this fund.

Financing Complete?
Northeast Capital Improvement Fund (291)
Project Status Report (FY 22/23)
This fund is derived from fees paid by developers, builders, and sub dividers for projects located in the Northeast Specific Plan Area to fund the construction of storm drain facilities, parks, bike paths, medians, block walls, landscaping, and amenities identified in the Northeast Specific Plan.

Fiscal Year 22/23 Activity
The column labeled "Total fiscal year expenditures" includes expenditures from all funding sources. 390
43391
44 Attachment
City of Visalia 6 year Capital Improvement Program
392
45 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Beginning Cash Balance 965,300 1,072,700 1,182,800 1,295,100 1,409,700 (110,900) Impact Fees and Interest Earnings 109,700 112,400 114,600 116,900 119,200 121,600Allocations (2,300) (2,300) (2,300) (2,300) (2,300) (2,300)Capital Improvements 0 0 0 0 (1,637,500) 0 Total Resources Available for Future Projects 1,072,700 1,182,800 1,295,100 1,409,700 (110,900) 8,400 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
1 Corp Yard New Site Development: Improvements to the property acquired from SCE at NW corner of the CY. Includes grading, NPDES permit requirements, paving, striping, utilities and lighting. Requires demolition of the existing Streets Building, which includes relocation of utilities, removing the building and foundation, soil import, grading, and compaction. Improvements to the existing storm drainage system at the CY to provide grease & sediment treatment. Provides compliance with CA's requirement to control site storm drainage; and improve mobility of vehicular and pedestrian traffic. Multi-funded in the amount of $4.7m funded from $1.6m CY Impact Fee (103), and $3.07m Solid Waste (441).

Nick
Mascia
NEW
(3010) $ B4 1,637,500
0 0 0 0 1,637,500 0
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Corporation Yard Impact Fee - 103 (2330)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from Corporation Yard Impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Cash Balance Summary
393
46 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Beginning Cash Balance 639,600 1,176,400 1,649,000 2,207,500 2,702,200 3,283,300 Impact Fee Revenues 541,100 551,900 562,900 574,200 585,700 597,400Operating and Allocations (4,300) (4,300) (4,400) (4,500) (4,600) (4,700)Capital Improvements 0 (75,000) 0 (75,000) 0 (75,000) Total Resources Available for Future Projects 1,176,400 1,649,000 2,207,500 2,702,200 3,283,300 3,801,000 Deferred Projects Waiting on Funding (Shaded section below)Funding Deficit Including Unfunded Projects 1,176,400 1,649,000 2,207,500 2,702,200 3,283,300 3,801,000 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Public Safety Traffic Signal Pre-emption System: Install three(3) Emergency Vehicle Pre-emption Systems (EVP's) at existing traffic signals at various locations throughout the City every other year. This system allows emergency response vehicles to control traffic signals along their route. Newer traffic signals have EVPs included; however, there are approximately 45 existing traffic signals within the City without an EVP system. (Multi-funded: $100k every other year from $75k Fire Impact Fees (106) and $25k General Fund (001).) Casey Chu
CP9531
(3010)
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

Fire Impact Fee - 106 (2360)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from Fire Impact fees collected at the time of building permit issuance. Funds are to only be used for new facilities, equipment, and not for operation and maintenance.

Cash Balance Summary
394
47 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Beginning Cash Balance 5,900,400 4,139,000 3,564,100 (5,188,900) (9,727,300) (28,115,900) Park and Recreational Impact Fees 1,960,000 1,999,200 2,039,200 2,080,000 2,121,600 2,164,000Interest Earnings 20,000 20,000 17,800 (25,900) (48,600) (140,600)Operating Expenditures (21,400) (21,400) (21,800) (22,200) (22,600) (23,100) Capital Improvements (3,720,000) (2,572,700) (10,788,200) (6,570,300) (20,439,000) (16,420,600)Total Resources Available for Future Projects 4,139,000 3,564,100 (5,188,900) (9,727,300) (28,115,900) (42,536,200) # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
1 3-5 Acre Neighborhood Park: Develop a specific plan to acquire land, design, and build a neighborhood park of 3-5 acres in the northwest quadrant of the City located in accordance with the General Plan's element on Park and Recreation Facilities and development trends Park improvements to include walking paths, playground, picnic area, and open turf. Funding for design to begin in 2022-23 with construction to follow in 2023-24. Annual maintenance costs for this park are estimated to be $74k per year.

Jeremy Rogers CP0425 $$$ N/A 1,540,000
2 3-Acre Neighborhood Park: Per the general plan the City will acquire land, design, and build a 3-acre neighborhood park in the northeast portion of the City. Neighborhood Parks are intended to provide basic recreation activities for one or more neighborhoods with a service area of one half to one mile radius. Neighborhood parks usually include playgrounds, picnic tables, benches, and walkways. This location will be designed to include a Splash Pad. Annual maintenance costs for this park are estimated to be $74k per year. Jeremy Rogers CP0563 $$$ N/A 1,200,000 1,275,000 3 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge park, 4 acre park, and half mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek. To serve existing and future development within the one-mile development block of Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek, through development of a later project. Geotechnical testing will be required to determine eligibility for ground water recharge funding. (Multi-funded: Project total $2.7m from $1.6m Parks & Rec (211), $558K Storm Sewer (221) and $558k GW Recharge (224)). Annual maintenance costs for this park are estimated to be $116k per year.

Cody
McLaughlin
CP0517
(3010) $$$ D4 537,000 1,136,900
Recreation Facilities - 211 (2440)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from impact fees paid by developers in lieu of providing parks and open space. Funds are to be used to implement the Parks Master Plan for open space acquisition and providing park and other recreational facilities.

Cash Balance Summary
395
48 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
4 Basin E & Mill Creek Realignment (Design): FY22/23-23/24 Design of Basin E & Realignment of Mill Creek. Basin will provide a 12 acre basin for rehcarge purposes. The realignment of approximately 15 acres of Mill Creek will provide passive, riparian open space that can be enjoyed by the public and will provide an inviting habitat for native species. Design will include storm water components such large diameter pipe, structures, and trails. A seperate CIP request for constrution is proposed for FY 24/25 which will be deferred. pending available funds. Multi-funded project total of $841k funded from $286k Recreation Facilties (211), $84k Groundwater Recharge (224), and $471k Waterway Construction (261).

Rebecca
Keenan
CP0518
(3010) - - B12 286,000
5 East Side Regional Park EIR: Design and environmental work consisting of park master planning, preliminary engineering for recharge facilities and project level EIR. The completed design and environmental work will put the project in a good position to seek grant funding opportunities with a well planned package. The additional appropriation is needed to add a noise study and to expand the traffic impact study to meet Caltrans' requirements for impacts to SR-198 and SR-216. Multi funded Project total of $100k is funded from $75k Park Impact Fee (211), $21k Groundwater Recharge (224), $2k Transportation Impact (241) and $2k Waterways (261), all of which includes prior year funding.

Rebecca
Keenan
CP0123
(3010) - - N/A 75,000
6 Recreation Facilities Impact Fee Update: This project provides funding for professional services to review and update the Recreation Facilities Impact Fee charged to developers. Jeremy Rogers CP0564 - - N/A 50,000 7 Northside Scenic Corridor - Hillsdale Park/Storm Basin: Develop Northside Highway 198 Open Space Setback Area (east of Shirk) to serve as passive open space and naturally shaped drainage basin for existing and planned development north of Highway 198 and both east and west of Shirk Street. Basin could receive water from Mill Creek for storm layoff and recharge purposes. Development of this is the first section of setback will include planning for other setback areas to the south and the west. (Multi Funded: Total of $6.33m, including prior year funding, from $2.65m Storm Sewer (221), $1.77m Parks & Recreation (211), $1m Transportation Impact (241), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
CP9719
(3010) $$ A3 32,000 383,200 1,102,000
Recreation Facilities - 211 (2440) - Continued
2022/23 - 2027/28 Capital Improvement Program
396
49 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
8 5-Acre Neighborhood Park: Per the general plan the City will aquire land, design, and build a 5-acre neighborhood park. Neighborhood Parks are intended to provide bas ic recration activities for one or more neightborhoods with a service area of one half to one mile radius. Neighborhood parks usually include playgrounds, picnic tables, benches, and walkways. Annual maintenance costs for this park are estimated to be $74k per year. Jeremy Rogers CP0565 $$$ N/A 1,200,000 800,000 9 Tower Street-Mineral King to St. John's Parkway (Prelim Design): Preliminary design for construction of approximately 6,400 ft of Tower Street from Mineral King to St. John's Parkway, excluding the new Interchange to SR 198 for access to park/basins. Will be a 4-lane, north-south arterial along the Rd 148 alignment, in coordination with future interchange at SR 198 and SR216 (Houston Ave); the SCE towers; and the Greenway Trail. Includes construction of new culvert crossing Mill Creek (Army Corp Permit). Development in east Visalia, around SR 198, requires another north/south arterial. No construction funds in this project. Multi funded project total of $194k from $96k Transportation Impact (241) and $97k Parks & Rec (211).

Rebecca
Keenan
CP0525
(3010) - - B8 97,700
10 15-Acre Community Park: Per the general plan the City will aquire land, design, and build a 15 arce community park.

Community Parks are intended to serve the recreational needs of a larger area of the city, especially those living or working within a two-mile radius. These parks may include facilities such as sport fields, exercise courses, recreation buildings , and res troom s . Annual m aintenance cos ts for this park are estimated to be $221k per year. Jeremy Rogers NEW $$$ N/A 3,600,000 2,400,000 11 Eastside Regional Park Design and Infrastructure: Design for construction of a 242-acre regional park on the East side of Visalia comprised of park, recreation, and groundwater recharge facilities in accordance with the Master Plan adopted August 2015. Park Improvements include walking paths, playground, picnic area, open turf, recreational facilities, and an archery range. Phase 1) Preliminary engineering, architectural planning, developm ent of estimates of the park site and facilities; and Phase 2) Engineering design and construction of the park's backbone infrastructure (roads, utilities, etc). Project to be coordinated with the engineering design of the park's required adjacent infrastructure (Tower Rd) and recharge basins (A, B, C, E) included as seperateCIP's.

Rebecca
Keenan NEW B12 2,462,900
Recreation Facilities - 211 (2440) - Continued
2022/23 - 2027/28 Capital Improvement Program
397
50 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
12 Basin E & Mill Creek Realignment (Construction): For construction of Basin E & Mill Creek Realignment. Basin will provide a 12 acre basin for rehcarge purposes. The realignment of approximately 15 acres of Mill Creek will provide passive, riparian open space that can be enjoyed by the public and will provide an inviting habitat for native species. Project will include storm water components such large diameter pipe, structures, and trails. Multi-funded project total of $4.69m from $1.59m Recreation Facilities (211), $469k Ground Water Recharge (224), and $2.63m Waterway Construction (261). Annual maintenance cost for this basin is estimated to be $86k per year.

Rebecca
Keenan
NEW
(3010) $$$ B12 1,594,600
13 ESRP On-Site Infrastructure: On-site infrastructure at the East Side Regional Park, including design, environmental, permitting, construction of interior roads, McKinley Ave. (4,400 LF) and Villoy Ave. (3,000 LF). To include utilities (water, electric, gas, sanitary sewer), streets and lighting within the park. Excludes play fields, buildings, and other public recreation facilities. FY23/24- 25/26 topo survey, CEQA, design, estimating, permitting; approx. $1M. FY26/27- 27/28 Construction, approximately $11.8M. This project will build the backbone infrastructure to allow further development of open space for passive recreation, ground water recharge basins, and park amenities at the East Side Regional Park.

Rebecca
Keenan NEW $ B12 817,100 198,200 11,818,600
14 Cameron Creek Park/Basin: Locate and acquire site for an 10-11 acre neighborhood park and storm/recharge basin
north of Caldwell Avenue adjacent to Cameron Creek. The facility will also be able to receive TID exchange water through Cameron Creek, through development of a later project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. (Multi-funded: Project total $4.9m: $2.28m from Recreation (211), $1.34m from Storm Sewer (221) and $1.34m GW Recharge (224)). Annual maintenance cost for this basin is estimated to be $86k per year.

Cody
McLaughlin
NEW
(3010) $$$ N/A 494,500 1,788,300
15 Southside Scenic Corridor: Develop basin on south side of SR-198, east of Shirk St as linear, landscaped basin with functional passive open space to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or a pipeline to the north under SR-198. Phase 1, implement with Sierra Village development expansion to relocate existing City basin. Requires acquisition of 20 acres to the east of Phase 1 improvements. Included in the west side storm water lay-off plan. Multi funded project total of $4.3m from $1.4m Parks & Rec (211) , $2.2m Storm Sewer Construction (221), and $580k Transportation Impact (241).

Katherine
Woodhull -
Fuget
NEW
(3010) $ C8 299,000 257,400 211,000 721,400
Recreation Facilities - 211 (2440) - Continued
2022/23 - 2027/28 Capital Improvement Program
398
51 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
16 Basins A, B, and C East Side Regional Park: For Design & Construction to provide approximately 30-acres of groundwater recharge. Includes demolition of existing orchards, earthwork, piping structures, recharge system, trails, landscaping. Provides passive, riparian open space.

Multi-funded project total of $6.7m from $3.2m Recreation Facilities (211, $3.35m Groundwater Recharge (224), and $134k Waterway Construction (261). Annual maintenance cost for this basin is estimated to be $35k per year.

Rebecca
Keenan
NEW
(3010) $$$ B12 518,400 2,696,600
17 Northside Scenic Corridor West of Shirk: Northside Highway 198 Open Space Setback Area (west of Shirk) - Acquisition of approximately 30.1 acres land from three existing parcels needed for the northwest scenic setback area and riparian setback from Mill Creek to continue development of the corridor as passive recreational open space and drainage basin. The basin is planned to serve existing and planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion of the scenic corridor (between Clancy and Shirk) to start in 25/26 starting at Clancy and heading east, acquiring from one parcel per year. Multi funded project total of $3.07m from $868k Parks & Rec (211), $1.3m Storm Sewer Construction (221), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
NEW
(3010) $$ A4 256,000 228,000 384,000
18 New Recreation Center: This project will include the construction of an indoor recreational facility at a site to be later determined. Annual maintenance costs for this facility are estimated to be $450k per year. Jeremy Rogers NEW $$$ N/A 50,000 20,000,000 3,720,000 2,572,700 10,788,200 6,570,300 20,439,000 16,420,600 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Recreation Facilities - 211 (2440) - Continued
2022/23 - 2027/28 Capital Improvement Program
399
52 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Beginning Cash Balance 2,612,400 2,426,200 3,379,500 1,154,500 (2,675,600) (2,245,200)Utility User and Developer Impact Fees 1,229,700 1,252,800 1,277,900 1,303,500 1,329,600 1,356,200Operating Expenditures (staff costs, allocations, etc.) (28,900) (28,900) (29,500) (30,100) (30,700) (31,300) Capital Improvements (1,387,000) (270,600) (3,473,400) (5,103,500) (868,500) (2,432,100)Total Resources Available for Future Projects 2,426,200 3,379,500 1,154,500 (2,675,600) (2,245,200) (3,352,400) # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
1 Storm Sewer Oversizing: Construct various storm drain lines. Pays the City's annual cost of reimbursing developers for the design and construction of storm drain lines which implement the Storm Water Master Plan. To implement necessary Storm Sewer Master improvements and reimburse developers for implementation of Master Plan. Paul Bernal CP9229 - - N/A 1,100,000 200,000 200,000 200,000 200,000 200,000 2 Cameron Creek Regional Park/Basin: Acquire site for a 5.25 acre storm/recharge park, 4 acre park, and half mile asphalt trail along southerly extension of McAuliff adjacent to Cameron Creek. To serve existing and future development within the one-mile development block of Lovers Lane to Road 148 and Caldwell to Walnut. May also receive TID exchange water from Cameron Creek, through development of a later project. Geotechnical testing will be required to determine eligibility for ground water recharge funding. (Multi-funded: Project total $2.7m from $1.6m Parks & Rec (211), $558K Storm Sewer (221) and $558k GW Recharge (224)). Annual maintenance costs for this park are estimated to be $116k per year.

Cody
McLaughlin
CP0517
(3010) $$$ D4 179,000 379,000
3 Highland St. Storm Drain: Install a storm drain line along Highland St alignment from Ferguson Ave to connect to an existing 48" storm main in front of Highland Gardens development and connect the line into Fairview Park/Basin.

In addition, expand the storage capacity of the Park/Basin, and incorporate water quality into the expanded basin design. This project includes design, construction, and additional excavation to provide additional storage capacity. Multi funded project total of $880k from $352k Storm Sewer Construction (221) and $528k Storm Sewer Deficiency (222).

Katherine
Woodhull -
Fuget
CP9796
(3010) $ B9 60,600 291,700
Storm Sewer - 221 (2450)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from Storm Sewer impact fees collected at the time of development and a portion of the monthly storm sewer users fees. This fund shares $.84 of the $2.59 monthly storm sewer fee with the Wastewater Trunkline construction fund (1231). Funds are to be used only for construction of new storm sewer infrastructure to implement the Storm Sewer Master Plan.

Cash Balance Summary
400
53 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
4 Auto Plaza Basin Expansion: Acquire an additional 3.5 acres to the west of the current basin site to allow the basin to be expanded in capacity. The Auto Plaza Basin was originally designed to be a detention basin with a discharge pump, the design has been changed to be a retention basin with no pump to serve a larger regional area. These changes require the basin to be expanded to provide the needed capacity within the Plaza Business Park and The Square at Plaza Drive master planned projects. Project total of $1.1m, including prior year funding of $150K from Storm Sewer Construction (221).

Cody
McLaughlin CP0302 $ A5 50,000 946,500
5 Northside Scenic Corridor - Hillsdale Park/Storm Basin:

Develop Northside Highway 198 Open Space Setback Area (east of Shirk) to serve as passive open space and naturally shaped drainage basin for existing and planned development north of Highway 198 and both east and west of Shirk Street. Basin could receive water from Mill Creek for storm layoff and recharge purposes. Development of this is the first section of setback will include planning for other setback areas to the south and the west. (Multi Funded:

Total of $6.33m, including prior year funding, from $2.65m Storm Sewer (221), $1.77m Parks & Recreation (211), $1m Transportation Impact (241), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
CP9719
(3010) $$ A3 48,000 574,800 1,653,000
6 Storm Sewer Construction Administration: Staff preliminary design and administration of new storm sewer construction projects as identified in the Strom Sewer Master Plan. To implement necessary Storm Sewer Master improvements for implementation of the Master Plan. (Note: Annual project. Prior year funds are not typically rolled over.) Frank Senteno CP8222 - - N/A 10,000 10,000 10,000 10,000 10,000 10,000 7 Northside Scenic Corridor West of Shirk: Northside Highway 198 Open Space Setback Area (west of Shirk) - Acquisition of approximately 30.1 acres land from three existing parcels needed for the northwest scenic setback area and riparian setback from Mill Creek to continue development of the corridor as passive recreational open space and drainage basin. The basin is planned to serve existing and planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion of the scenic corridor (between Clancy and Shirk) to start in 25/26 starting at Clancy and heading east, acquiring from one parcel per year. Multi funded project total of $3.07m from $868k Parks & Rec (211), $1.3m Storm Sewer Construction (221), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
NEW
(3010) $$ A4 384,000 342,000 576,000
2022/23 - 2027/28 Capital Improvement Program
Storm Sewer - 221 (2450) - Continued
401
54 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
8 Southside Scenic Corridor: Develop basin on south side of SR-198, east of Shirk St as linear, landscaped basin with functional passive open space to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or a pipeline to the north under SR-198. Phase 1, implement with Sierra Village development expansion to relocate existing City basin. Requires acquisition of 20 acres to the east of Phase 1 improvements. Included in the west side storm water lay-off plan. Multi funded project total of $4.3m from $1.4m Parks & Rec (211) , $2.2m Storm Sewer Construction (221), and $580k Transportation Impact (241).

Katherine
Woodhull -
Fuget
NEW
(3010) $ C8 448,500 386,100 316,500 1,082,100
9 North Shirk Storm Drain Line Extension: Extend the existing 48" storm drain line in Hillsdale Avenue north on Shirk Street for 2,800 feet with pipe sizes to vary from 36" to 48". The existing temporary basin on the south side of Hillsdale Avenue will need to be expanded for the additional stormwater runoff resulting from the project or be
discharged into the fully developed naturally shaped basin per the Northside Scenic Corridor Park & Basin project (CP9719) . This project will be completed in coordination with the Shirk Widening project (CP0369). Chantha Chap NEW - - A6 375,700 1,377,500 10 Cameron Creek Park/Basin: Locate and acquire site for an 10-11 acre neighborhood park and storm/recharge basin north of Caldwell Avenue adjacent to Cameron Creek. The facility will also be able to receive TID exchange water through Cameron Creek, through development of a later
project. Geotechnical testing will be required to determine soil infiltration characteristics for ground water recharge purposes and eligibility for ground water recharge funding. (Multi-funded: Project total $4.9m: $2.28m from Recreation (211), $1.34m from Storm Sewer (221) and $1.34m GW
Recharge (224)). Annual maintenance cost for this basin is estimated to be $86k per year.

Cody
McLaughlin
NEW
(3010) $$$ N/A 247,200 1,092,900
Storm Sewer - 221 (2450) - Continued
2022/23 - 2027/28 Capital Improvement Program
402
55 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
11 Storm Drain and Sewer Master Plan Update: Update the Storm and Sanitary Sewer Master Plans. Facility Master Plans should be updated every 5 years to incorporate any changes in infrastructure, land use, and environmental conditions. Includes new nexus study for storm and sanitary sewer impact and utility fee updates and CEQA review. Current update to the facility master plan to be implemented in 22/23, updating the storm and sewer master plans since 1994. Multi-funded project total of $940k from $564k Storm Sewer Construction (221), and $376k Wastewater Trunkline (231).

Katherine
Woodhull -
Fuget
NEW
(3010) - - N/A 564,000
1,387,000 270,600 3,473,400 5,103,500 868,500 2,432,100 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
2022/23 - 2027/28 Capital Improvement Program
Storm Sewer - 221 (2450) - Continued
403
56 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Beginning Cash Balance 4,916,400 5,465,900 3,240,800 1,551,100 22,300 488,800 Sanitary Sewer and Trunk Line Connection Fees 802,500 818,500 834,900 851,600 868,600 886,000Sewer Master Plan Fees 605,400 617,500 629,900 642,500 655,400 668,500Interest Earnings 27,200 16,100 7,700 100 2,400 1,900 Operating Expenditures (staff costs, allocations, etc.) (41,400) (41,400) (42,200) (43,000) (43,900) (44,800)Capital Improvements (844,200) (3,635,800) (3,120,000) (2,980,000) (1,016,000) (1,624,700) Total Resources Available for Future Projects 5,465,900 3,240,800 1,551,100 22,300 488,800 375,700 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
1 American Street Trunk Extension: Project consists of 5,200 feet of 30-inch diameter pipeline in American Street (Road 76). The project extends from Riggin Ave. to Ave. 320 and will serve the industrial zoned area of the City. This trunk is needed to serve emerging industrial development between Riggin Avenue and Avenue 320; areas within the Industrial Land Use Zone and Tiers 1 and 3 Urban Development Boundary Areas. The line will terminate at Ave 320 (boundary of the sphere of influence) and have the capability to serve future industrial within the City's planning Area.

Katherine
WoodhullFuget CP0566 - - A1 714,200 3,120,800
2 Sanitary Sewer Developer Reimbursement: Reimburse developers for sanitary sewer- additional costs incurred when constructing the required sanitary sewer with development. The additional cost is the difference between the "development requirement" and the requirement to accommodate for future development in the area. To implement Sewer Line Master Plan. Paul Bernal CP9318 - - N/A 110,000 110,000 110,000 110,000 110,000 110,000 3 Sewer Line Preliminary Engineering: Preliminary engineering and design work necessary to provide developers and engineers with adequate information to construct master planned sewer lines with proposed development projects. Implement Sewer Line Master Plan.

Frank
Senteno CP9234 - - N/A 20,000 20,000 20,000 20,000 20,000 20,000 Wastewater Trunkline - 231 (2490)
2022/23 - 2027/28 Capital Improvement Program
This fund's revenues are derived from Sanitary Sewer and Trunk Line Connection Fees. Funds are to be used only for new sanitary sewer trunk line construction, and not for operation and maintenance. This fund also receives a portion of the monthly storm sewer users fees, sharing $.84 of the $2.59 monthly storm sewer fee with the Storm Sewer Construction fund (221).

Cash Balance Summary
404
57 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
4 Shirk St. Sanitary Sewer Trunkline - Walnut to Noble: This project is to install a 48" sanitary sewer trunk line in Shirk Street between Walnut Avenue and Noble Avenue. This will connect the existing sewer trunkline within Shirk Street south of Hwy-198 to the existing sewer trunkline in Walnut Avenue. Project will remove the existing 6" sewer force main and the associated lift station located at Shirk Street and Noble Avenue. The replacement of the line is identified in the City's Sewer Master Plan and will provide the necessary wastewater conveyance capacity to accommodate future development growth. Eric Bons CP0567 - - C2 385,000 2,990,000 2,850,000 5 Visalia Parkway Trunkline - Santa Fe to Lovers Lane: Construct a new 30" sanitary sewer trunkline along the Visalia Parkway (Ave. 276) alignment between Santa Fe Street and Lovers Lane. Right of Way will need to be
acquired. Project will include new trunkline at a depth of approximately 17-feet, new 60" manholes, clearing & grubbing, demolition, sheet & shoring, and some bores under existing creeks and ditches. FY 26/27-28/29, Design & RW $3.12M. FY 29/30-30/31, Construction $5.26M. Trunkline will serve parcels in Tier 3.

Rebecca
Keenan NEW - - D2 886,000 1,118,700
6 Storm Drain and Sewer Master Plan Update: Update the Storm and Sanitary Sewer Master Plans. Facility Master Plans should be updated every 5 years to incorporate any changes in infrastructure, land use, and environmental conditions. Includes new nexus study for storm and sanitary sewer impact and utility fee updates and CEQA review. Current update to the facility master plan to be implemented in 22/23, updating the storm and sewer master plans since 1994. Multi-funded project total of $940k from $564k Storm Sewer Construction (221), and $376k Wastewater Trunkline (231).

Katherine
Woodhull -
Fuget
NEW
(3010) - - N/A 376,000
844,200 3,635,800 3,120,000 2,980,000 1,016,000 1,624,700 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

The Budget Impact column shows the estimated annual impact of the project on the operating budget for maintenance once completed or purchased. - - No Annual Maintenance Costs (or no increase over existing cost) $$$ Annual Maintenance costs is over $25,000. These projects will be explained in detail in the project description. $ Annual Maintenance cost is $5,000 or less $$$$ Project will result in savings as described in project description $$ Annual Maintenance costs is $5,000 to $25,000
Wastewater Trunkline - 231 (2490) - Continued
2022/23 - 2027/28 Capital Improvement Program
405
58 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
Beginning Cash Balance 6,916,800 6,265,400 7,453,000 8,685,800 (2,363,000) (6,854,700)Transportation Impact Fees 6,263,100 6,388,400 6,516,200 6,646,500 6,779,400 6,915,000 Interest Earnings (Expense) 100,000 73,800 86,000 (23,400) (67,900) (156,500)Operating Expenditures and Allocations (35,300) (35,300) (36,000) (36,700) (37,400) (38,100)Capital Improvements (6,979,200) (5,239,300) (5,333,400) (17,635,200) (11,165,800) (15,673,600) Total Resources Available for Future Projects 6,265,400 7,453,000 8,685,800 (2,363,000) (6,854,700) (15,807,900) # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
1 Riggin Widening - Kelsey to Shirk: Widen Riggin Ave between Kelsey Street and Shirk Road from an undivided two-lane road to a four-lane divided road with median. Install drainage swale, street lights and interconnect conduit. Project will move forward once EDA grant is received and bonding from TCAG is successful. Widening of Riggin Ave will improve mobility of traffic for the industrial park and the surrounding businesses while reducing congestion. Multi funded project total of $10.975m from $2.2m Meas R Regional prior year (133), $4.77m Transportation Impact ($2.4m prior year) (241), and $4m EDA Grant, contingent upon award (281). Diego Corvera CP0398
(3010) $$ A11 2,375,000
2 Santa Fe Environmental Cleanup: Project includes removing the elevated railroad embankment along the future Santa Fe Street Corridor from Houston to Riggin. The corridor will be excavated down to a preliminary grading limit so that there will be minimal earthwork for the construction of Santa Fe Street. The elevated railroad embankment runs parallel to the trail currently under construction along the eastern most portion of the future street and rises over the trail 4-5' in some locations. This presents a safety concern with limited visibility for trail users. This project will simplify the future street project. Project total of $2.6m includes prior year funding of $750K.

Katherine
Woodhull -
Fuget CP0308 $ B18 1,886,200
3 Developer Reimbursements: This CIP is for reimbursement of public assets constructed in the public right of way. The continued and ongoing maintenance of the improvements completed under this CIP is maintained by a separate City CIP. Paul Bernal CP9130 - - N/A 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 1,100,000 Transportation Impact Fees - 241 (2520)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from fees collected at the time of building permit issuance. Funds can be used only for new street improvements and expansion of transportation facilities related to growth.

Cash Balance Summary
406
59 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
4 Visalia Parkway Improvements-North Half: Extend Visalia Parkway between Stonebrook Street and Court Street. Visalia Parkway is identified as an arterial transportation corridor in the Circulation Element of the City's General Plan. Construct the northerly half to provide one lane of travel in each direction within current right of way. Improves mobility and connectivity of the southern shopping district and neighborhoods in the south east community of the City.

Future CIP, Visalia Parkway & Santa Fe Intersection, will connect Visalia Parkway from Court to Santa Fe, and establish future alignment east towards Ben Maddox. Multi funded project total of $3.55m from $2.08m Transportation Impact (241) and $1.459m State Transportation (281-LTF). Casey Chu CP0519
(3010) $ D11 631,400 1,458,200
5 Riggin Widening from Mooney to Conyer: The project would include curb & gutter, pavement, medians, street lights, and other infrastructure such as fire hydrants and drainage inlets. This project will also construct a frontage road along this stretch to protect the Riggin facing residents. Utility relocation would also be needed. Construction of this segment will help to complete the 4 lane arterial from Hwy 63 to Hwy 99 on Riggin Ave; providing a major East-West corridor along the North side of Visalia. Diego Corvera CP0473 $ B20 454,000 6 Traffic Signal Modifications at Lovers Lane and Walnut Ave: To accommodate four lanes of travel east and west along Walnut Ave and mitigate traffic impacts generated from the residential subdivision at the south east corner.

Subdivision completed the full widening of Walnut Ave between Lovers Lane and McAulif St. Requires installation of additional signal poles and heads to accommodate additional lanes and Video detection typical for all new traffic signals. Also includes right-of-way acquistion which is being funded by CP9130. The City is responsible for traffic signal modifications. Multi-funded project total of $755k from $605k Transportation Impact (241) and $150K Measure R Local (131). Diego Corvera CP0521
(3010) $ D7 160,000 445,000
7 Houston-Santa Fe Roundabout Landscaping: Design and install irrigation and landscaping within the Houston-Santa Fe roundabout. Design will include maintenance access. To visually improve the aesthetics of the surrounding community to promote economic growth. Frank Senteno CP0307 $ B21 157,600 2022/23 - 2027/28 Capital Improvement Program
Transportation Impact Fees - 241 (2520) - Continued
407
60 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
8 Linwood Street Embankment: Design and construction for the embankment of the future extension of Linwood Street north of Riggin Avenue. The embankment will be approximately located within and along the westerly portion of the current Modoc Basin footprint. Establishment and rough grading of the Linwood Street alignment north of Riggin Avenue is needed in order to accommodate access to the Tier II Urban Development Boundary north of the Modoc Basin. This project will build up the embankments and rough grade in preparation for the future extension of Linwood Street with prelim inary engineering and des ign in FY 22/23 and construction in FY 23/24.

Cody
McLaughlin CP0568 - - A7 113,000 254,500
9 TIF Adminstration: This CIP funds staff time used to update the circulation element and to implement the transportation impact fee program. The supplies used by staff are budgeted under a separate City CIP.This CIP also funds of public assets constructed in the public right of way. The continued and ongoing maintenance of the improvements completed under this CIP is maintained by a separate City CIP. Paul Bernal CP9633 - - N/A 100,000 10,000 10,000 10,000 10,000 100,000 10 East Side Regional Park EIR: Design and environmental work consisting of park master planning, preliminary engineering for recharge facilities and project level EIR. The completed design and environmental work will put the project in a good position to seek grant funding opportunities with a well planned package. The additional appropriation is needed to add a noise study and to expand the traffic impact study to meet Caltrans' requirements for impacts to SR-198 and SR-216. Multi funded Project total of $100k is funded from $75k Park Impact Fee (211), $21k Groundwater Recharge (224), $2k Transportation Impact (241) and $2k Waterways (261), all of which includes prior year funding.

Rebecca
Keenan
CP0123
(3010) - - N/A 2,000
11 Design Tower St (Rd 148) from Walnut Ave to Visalia
Parkway (1.6 miles): Analyze options for a 4-lane, northsouth arterial along Road 148 alignment. FY23/24 includes rough topo survey, geometric alignments, permitting requirements, right of way needs, estimates, project phasing. FY 25/26-27/28, includes Walnut to RR at K-Road Alignment (Rector Station) - CEQA, Design, RW, Permitting. Future Construction cost estimated to be $5.9M. K Road to Caldwell & Caldwell to Vis alia Parkway are located in Tier 2 & 3 of the Gen Plan and will be deferred to future years. Multifunded project total of $1.1m from $567k Measure R Local (131) and $567k Transportation Impact (241).

Rebecca
Keenan
CP0526
(3010) - - D9 92,000 475,300
Transportation Impact Fees - 241 (2520) - Continued
2022/23 - 2027/28 Capital Improvement Program
408
61 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
12 Design and Construct Tower St (Rd 148) from Cypress Ave to Walnut Ave (4200 feet): Analyze options for a 4-lane, northsouth arterial along Rd 148 alignment, coordinating with future SR 198 interchange, SCE towers, Greenway Trail, Creeks, and other structures. FY23/24 includes rough topo survey, geometric alignments, permitting requirements, Caltrans coordination, right of way needs, estimates. FY 25/26-26/27 includes Tulare to Walnut - CEQA, Design, RW, Permitting; FY 27/28 Construction Ph 1 [Tulare to Walnut, (2500 feet)] approx. $4.5M. Due to continuing development in east Visalia, around State Route 198, another north/south arterial is needed. Multi funded project total of $5.4m from $2.7m Measure R Local (131) and $2.7m Transportation Impact (241).

Rebecca
Keenan
CP0528
(3010) $ D10 79,300 420,400 2,217,000
13 Shirk St. & Walnut Ave Roadway Improvements: Complete roadway improvements along south side of Walnut Avenue for 700± feet east of Shirk Street and Shirk Street for 1,400± feet south of Walnut Ave in conjunction with Shirk St and Walnut Ave traffic signal project (CP0045). Restripe Walnut Ave from Teddy St to Shirk St. Widen north side of Walnut Ave for 350± feet east of Roeben Ave removing west bound travel lane restriction to improve traffic flow. Includes traffic signal interconnect conduit within Walnut between Akers and Shirk. Improvements associated with the Valley Oaks Subdivision. Project total of $2.8 m from $2.02m from TIF (241), including prior year funding and $780k for Measure R Local (131). Eric Bons CP0196
(3010) $ C12 1,820,000
14 Visalia Parkway & Santa Fe Intersection (Design): Includes design, environmental, and right of way acquisition for the proposed roadway intersection. Design will include roadway and intersection improvements, railroad crossing, culvert construction, and incorporate the existing Santa Fe Bike Trail and the roadway segment of Visalia Parkway
between Court and the intersection. Project design and environmental studies in FY 23/24 with Right-of-Way acquisition following in FY 24/25. Construction in seperate CIP deferred pending available funding. Project will further transportation connectivity through the ongoing development of the arterial ring road concept that includes Visalia Parkway, Tower, Riggin, and Shirk by connecting Visalia Parkway to Santa Fe Street.

Casey Chu CP0569 $ D12 855,000 297,500
2022/23 - 2027/28 Capital Improvement Program
Transportation Impact Fees - 241 (2520) - Continued
409
62 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
15 NW Quadrant At-Grade Railroad Crossing: Study to determine location for new at-grade crossing (possibly Linwood St, Chinowth St, or Preston/Roeben St) & abandonm ent of exis ting cros s ing. Ins tallation of new pavement, curb, gutter, sidewalk, traffic signal, railroad warning devices, signage and striping at recommended location. Upgrade railroad tracks. Includes public outreach, abandonm ent of exis ting RR cros s ing and m oderate updates to two adjacent intersections north & south of new crossing. Need for a new crossing with the increased
development in NW quadrant and the limited at-grade railroad crossings. FY23/24 Preliminary Engineering & Environmental. FY24/25 & FY25/26 PS&E, Right of Way and Permitting. FY26/27 & FY27/28 Construction. Multi funded project total of $4.8m from $2.4m Measure R Local (131) and $2.4m Transportation Impact Fees (241).

Rebecca
Keenan
CP0524
(3010) - - A8 486,800 1,938,300
16 Tower Street-Mineral King to St. John's Parkway (Prelim Design): Preliminary design for construction of approximately 6,400 ft of Tower Street from Mineral King to St. John's Parkway, excluding the new Interchange to SR 198 for access to park/basins. Will be a 4-lane, north-south arterial along the Rd 148 alignment, in coordination with future interchange at SR 198 and SR216 (Houston Ave); the SCE towers; and the Greenway Trail. Includes construction of new culvert crossing Mill Creek (Army Corp Permit). Development in east Visalia, around SR 198, requires another north/south arterial. No construction funds in this project. Multi funded project total of $194k from $96k Transportation Impact (241) and $97k Parks & Rec (211).

Rebecca
Keenan
CP0525
(3010) - - B8 96,700
17 Santa Fe Street - Houston to Riggin (DESIGN): Project will develop plans, specs and estimate for construction of a 4- lane, north-south, arterial along the old Santa Fe Railroad alignment where City owns ROW and tracks have been removed. Project also includes environmental review (CEQA and NEPA), public outreach and construction easement acquisition. By preparing design plans for construction of the future street segment, the street project will be "shovelready" and will allow the City to pursue more grant funding opportunities for construction of the street. CP0308 Santa Fe Environmental Cleanup needs to be completed before staff can proceed with design of the road extension.

Katherine
Woodhull -
Fuget NEW - - B18 1,203,000 485,000
Transportation Impact Fees - 241 (2520) - Continued
2022/23 - 2027/28 Capital Improvement Program
410
63 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
18 Northside Scenic Corridor - Hillsdale Park/Storm Basin: Develop Northside Highway 198 Open Space Setback Area (east of Shirk) to serve as passive open space and naturally shaped drainage basin for existing and planned
development north of Highway 198 and both east and west of Shirk Street. Basin could receive water from Mill Creek for storm layoff and recharge purposes. Development of this is the first section of setback will include planning for other setback areas to the south and the west. (Multi Funded:

Total of $6.33m, including prior year funding, from $2.65m Storm Sewer (221), $1.77m Parks & Recreation (211), $1m Transportation Impact (241), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
CP9719
(3010) $$ A3 319,000 690,000
19 American Street Extension Goshen to Riggin: Includes curb & gutter, sidewalks, curb ramps and extension of street.

Project requires award of an EDA grant or cost sharing with the County to move forward. FY 24/25 (Staff submit grant application), FY 25/26 (Design and ROW), FY 26/27 - FY 27/28 (Construction). Improves mobility of traffic for the industrial park and the surrounding businesses while reducing congestion and increase the level of service for the roadway. Multi funded project total of $7.4m from $1.2m Transportation Impact (241) and $6.2m EDA grant (281).

Project will not move forward without grant funding. Chantha Chap NEW
(3010) $$ A12 50,000 1,140,000
20 Riggin Widening Shirk to Akers: Includes curb and gutter, pavement, medians, street lights, and other infrastructure such as fire hydrants, drainage inlets and utility relocation.

This segment, along with other CIP's to widen Riggin will help to complete the 4-lane arterial from Hwy 63 to Hwy 99 on Riggin Ave, providing a major East-West corridor along the North side of Visalia. Multi-funded project total of $10.5m from $1.6m Measure R Regional (133) and $8.9m Transportation Impact (241). Diego Corvera NEW
(3010) $ A10 8,945,000
21 Visalia Parkway & Santa Fe Intersection (Construction):

This project will construct a new roadway intersection at Visalia Parkway & Santa Fe Street. The work will entail roadway and intersection improvements, railroad crossing, culvert construction, and incorporate the existing Santa Fe Bike Trail into the intersection. Construction will also include the roadway segment of Visalia Parkway between Court Street and the intersection. This project will further transportation connectivity through the ongoing development of the arterial ring road concept that includes Visalia Parkway, Tower, Riggin, and Shirk by connecting Visalia Parkway to Santa Fe Street.

Casey Chu NEW $ D12 2,682,500 5,652,100
Transportation Impact Fees - 241 (2520) - Continued
2022/23 - 2027/28 Capital Improvement Program
411
64 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
22 Tulare Avenue Extension to Tower Road: Construct Tulare Avenue from Arroyo Street to Road 148 (Tower Road) and extend Tower Road from Tulare Avenue to just north of Harvard. The section of Tulare Avenue from Lovers Lane to McAuliff was completed in 2018. Improve traffic circulation.

This project was intended to be constructed with the "NEW" project to extend Tulare Ave from Lovers Lane to McAuliff and will provide additional access and help alleviate congestion on Walnut Avenue and McAuliff. Additional subdivision development in this area will benefit greatly from this additional N/S access to Walnut Avenue. Mike Porter NEW $ D13 1,232,700 23 Ben Maddox Widening: Widen Ben Maddox from Center
Avenue to Goshen Avenue. Project includes widening Ben Maddox to full 110 foot, 4 lane divided arterial. Improvements include paving, curb and gutter, sidewalk, ADA ramps, street lights, landscaping and irrigation conduit. Project requires coordination with utilities to relocate poles, property owners to relocate and install drive approaches, and acquire ROW. Note: UUD $1.3M not included. Improves traffic circulation and pedestrian accessibility. Widening will also have a positive impact on development for the Civic Center and commercial parcels within the area. Mike Porter NEW $ B19 850,000 248,400 2,009,900 24 Goshen Widening Ben Maddox to Burke: Widen to full 84 foot 2-lane collector. Includes paving, curb, gutter, sidewalk, ADA ramps, street lights, bike lanes, landscaping and irrigation conduit. Requires coordination with utilities to relocate poles, property owners to relocate and install drive approaches, and acquire ROW. Improves traffic circulation and pedestrian accessibility. Will positively impact development for Civic Center and commercial parcels within the area. Multi funded project total of $2.35m from $1.0m Measure R Local (131) and $1.35m Transportation Impact (241). Mike Porter NEW
(3010) $ B17 500,000 850,000
25 Construct Santa Fe Street Houston to Riggin: Construct 4-lane, north-south, arterial along the old Santa Fe Railroad where City owns right of way, and tracks have been removed. Includes, grading, new structural section, curb and gutter, storm drain system, median, street lighting, striping, landscaping, and block wall installation. Also included is single box culvert (100' long) over Modoc Ditch, upgrading signal at Riggin intersection, signalized pedestrian crosswalk at Modoc Ditch Trail crossing, and interconnect conduit for the entire length of project. Staff to pursue grant funding opportunities and project will not move forward without an award of grant funds.

Katherine
Woodhull -
Fuget NEW $$ B18 11,033,700
Transportation Impact Fees - 241 (2520) - Continued
2022/23 - 2027/28 Capital Improvement Program
412
65 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
26 Southside Scenic Corridor: Develop basin on south side of SR-198, east of Shirk St as linear, landscaped basin with functional passive open space to receive City storm water flows from Mill Creek through either Persian-Watson Ditch or a pipeline to the north under SR-198. Phase 1, implement with Sierra Village development expansion to
relocate existing City basin. Requires acquisition of 20 acres to the east of Phase 1 improvements. Included in the west side storm water lay-off plan. Multi funded project total of $4.3m from $1.4m Parks & Rec (211) , $2.2m Storm Sewer Construction (221), and $580k Transportation Impact (241).

Katherine
Woodhull -
Fuget
NEW
(3010) $ C8 580,000
6,979,200 5,239,300 5,333,400 17,635,200 11,165,800 15,673,600 Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

Wyndi
Ferguson CP0427 - - N/A 500,000 500,000 500,000 500,000 500,000 500,000 2 Basin E & Mill Creek Realignment (Design): FY22/23-23/24 Design of Basin E & Realignment of Mill Creek. Basin will provide a 12 acre basin for recharge purposes. The realignment of approximately 15 acres of Mill Creek will provide passive, riparian open space that can be enjoyed by the public and will provide an inviting habitat for native species. Design will include storm water components such large diameter pipe, structures, and trails. A separate CIP request for construction is proposed for FY 24/25 which will be deferred. pending available funds. Multi-funded project total of $841k funded from $286k Recreation Facilities (211), $84k Groundwater Recharge (224), and $471k Waterway Construction (261).

Rebecca
Keenan
CP0518
(3010) - - B12 425,300 46,000
3 East Side Regional Park EIR: Design and environmental work consisting of park master planning, preliminary engineering for recharge facilities and project level EIR. The completed design and environmental work will put the project in a good position to seek grant funding opportunities with a well planned package. The additional appropriation is needed to add a noise study and to expand the traffic impact study to meet Caltrans' requirements for impacts to SR-198 and SR-216. Multi funded Project total of $100k is funded from $75k Park Impact Fee (211), $21k Groundwater Recharge (224), $2k Transportation Impact (241) and $2k Waterways (261), all of which includes prior year funding.

Rebecca
Keenan
CP0123
(3010) - - N/A 2,000
Waterway Construction - 261 (2540)
2022/23 - 2027/28 Capital Improvement Program
This fund is derived from developer impact fees. Funds are restricted for acquisition of development setbacks along waterways designated in the Visalia General Plan and restoration of riparian vegetation.

Cash Balance Summary
414
67 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
4 Basin E & Mill Creek Realignment (Construction): For construction of Basin E & Mill Creek Realignment. Basin will provide a 12 acre basin for rehcarge purposes. The realignment of approximately 15 acres of Mill Creek will provide passive, riparian open space that can be enjoyed by the public and will provide an inviting habitat for native species. Project will include storm water components such large diameter pipe, structures, and trails. Multi-funded project total of $4.69m from $1.59m Recreation Facilities (211), $469k Ground Water Recharge (224), and $2.63m Waterway Construction (261). Annual maintenance cost for this basin is estimated to be $35k per year.

Rebecca
Keenan
NEW
(3010) $$$ B12 2,560,600 66,000
5 Northside Scenic Corridor - Hillsdale Park/Storm Basin: Develop Northside Highway 198 Open Space Setback Area (east of Shirk) to serve as passive open space and naturally shaped drainage basin for existing and planned development north of Highway 198 and both east and west of Shirk Street. Basin could receive water from Mill Creek for storm layoff and recharge purposes. Development of this is the first section of setback will include planning for other setback areas to the south and the west. (Multi Funded:

Total of $6.33m, including prior year funding, from $2.65m Storm Sewer (221), $1.77m Parks & Recreation (211), $1m Transportation Impact (241), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
CP9719
(3010) $$ A3 900,000
6 Northside Scenic Corridor West of Shirk: Northside Highway 198 Open Space Setback Area (west of Shirk) - Acquisition of approximately 30.1 acres land from three existing parcels needed for the northwest scenic setback area and riparian setback from Mill Creek to continue development of the corridor as passive recreational open space and drainage basin. The basin is planned to serve existing and planned development north of Highway 198 between Clancy and Shirk. Acquisition of land for the northwest portion of the scenic corridor (between Clancy and Shirk) to start in 25/26 starting at Clancy and heading east, acquiring from one parcel per year. Multi funded project total of $3.07m from $868k Parks & Rec (211), $1.3m Storm Sewer Construction (221), and $900k Waterways Capital (261).

Katherine
Woodhull -
Fuget
NEW
(3010) $$ A4 900,000
Waterway Construction - 261 (2540) -
2022/23 - 2027/28 Capital Improvement Program
Continued
415
68 # Project Description (100 word limit)
Project
Manager
Project #
(or "new")
Budget
Impact
Map
Ref 2022-23 2023-24 2024-25 2025-26 2026-27 2027-28
7 Basins A, B, and C East Side Regional Park: For Design & Construction to provide approximately 30-acres of
groundwater recharge. Includes demolition of existing orchards, earthwork, piping structures, recharge system, trails, landscaping. Provides passive, riparian open space.

Phased as: FY25/26-26/27 Design Basins A, B, & C; FY27/28 Construction Basins A, B, & C. Completion of this CIP and separate CIP Basin E + Mill Creek realignment will result in an increase of 42-acres of groundwater recharge. Multi-funded project total of $6.7m from $3.2m Recreation Facilities (211, $3.35m Groundwater Recharge (224), and $134k Waterway Construction (261). Annual maintenance cost for this basin is estimated to be $35k per year.

Rebecca
Keenan
NEW
(3010) $$$ B12 19,400 2,100 112,400
927,300 546,000 3,060,600 2,385,400 502,100 612,400
Notes: Multi-funded means this is only this fund's portion of the total amount budgeted. These projects are funded from multiple sources and the full budget is shown in the "Multi-Fund 301".

Agenda Item Wording:

Special Events Ordinance - Second reading and adoption of Ordinance 2023-12 amending Visalia Municipal Code Section 12.48 Special Events.

Deadline for Action: 12/18/2023
Submitting Department: Community Development
Contact Name and Phone Number:

Tracy Robertshaw, Neighborhood Preservation Manager (59)713-4187, [email protected] <mailto:[email protected]>
Paul Bernal, Community Development Director, (559)713-4025, [email protected] <mailto:[email protected]>
Department Recommendation:

Staff recommends that the City Council conduct the second reading and adopt Ordinance No. 2023- 12 amending Visalia Municipal Code Section 12.48 Special Events per the attached Ordinance No. 2023-12.

Summary:

On December 45, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-12, a request to amend Visalia Municipal Code Section 12.48 Special Events. During the public hearing, the City Council received a staff report, staff presentation on changes made to the Special Events ordinance based on direction and public comment. After the item was presented and public comments received, the City Council voted 4-0, Councilmember Soto absent, to introduce and adopted Ordinance No. 2023-12.

Background Discussion:

During the August 21, 2023, City Council meeting, staff presented a work session item to City Council to review current processes and ordinance requirements related to Special Events (Chapter 12.48 of the Municipal Code).

As a result of the work session, staff addressed several areas of the Special Events ordinance that were identified as requiring revisions to address current procedural requirements to align with how the application were being processed by City staff. In addition to clarifying some of the language in the ordinance, a Downtown Annual Community Events Section was added establishing and defining long-standing downtown events enabling applicants to utilize a streamline Good Neighbor Policy. The revisions to Section 12.48 were presented and the City Council voted (4-0 with Council Member Emmanuel Hernandez Soto absent) to introduce the first reading of Ordinance 2023-12, amending Visalia Municipal Code Section 12.48 as provided in the attached ordinance.

The second reading of the Ordinance is the final action the City Council takes in order for amendment of Visalia Municipal Code Section 12.48 to take effect. Following the second reading Visalia City Council Page 1 of 2 Printed on 4/26/2024
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File #: 23-0485 Agenda Date: 12/18/2023 Agenda #: 9.
amendment of Visalia Municipal Code Section 12.48 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:

N/A
Prior Council Action:
· On December 4, 2023, Council introduced Ordinance 2023-12. · On August 21, 2023, the City Council directed staff to move forward with revising Visalia Municipal Code 12.48 Special Events, subject to conducting outreach and scheduling a meeting with stakeholders.

Other:

On September 19, 2023, City staff held a meeting with stakeholders to allow them the opportunity to have input on proposed changes as well as weigh in on the possibility of limiting the number of allowed ongoing events.

Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt Ordinance No. 2023-12, amending Visalia Municipal Code.

Environmental Assessment Status:

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) which states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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 (NOE No. 2023-34) has been prepared for the project.

Attachments:

1. Ordinance No. 2023-12 Amending Section 12.48 Special Event

2. City County Introduction and First Reading Staff Report dated December 4, 2023 Visalia City Council Page 2 of 2 Printed on 4/26/2024
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ORDINANCE No. 2023-12

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA AMENDING CHAPTER 12.48 OF THE VISALIA MUNICIPAL CODE

RELATING TO SPECIAL EVENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA:

SECTION 1. The City of Visalia has identified the need to amend the existing provisions to the Visalia Municipal Code to update and streamline the procedure used for making administrative determinations regarding the authorization of parades and other types of “special events” that take place in or otherwise encroach upon the City’s public right-of-ways or City owned properties such as parks.

SECTION 2. The following provisions in Chapter 12.48 of the Visalia Municipal Code, consisting of sections 12.48.020, 12.48.030, 12.48.040,

12.48.050, 12.48.060, 12.48.070, 12.48.075, 12.48.080, 12.48.085, 12.48.090,

12.48.100, and 12.48.130 are hereby added and/or amended as follows with deleted language in strikeout text, and new and/or revised wording in italics:

Section 12.48.020 Definitions.

As used in this chapter, the following terms are defined in this section:
"Applicant" shall mean any person, firm, organization, association, or corporation, and their authorized designees, that has submitted an application for authorization to conduct, sponsor, or organize an event governed by this chapter.

An applicant must be 18 years of age or older.
"Special Event" shall mean any parade, march, procession, pageant, review, ceremony, festival, assembly or exhibition consisting of persons, animals or vehicles, or a combination thereof which:

1. Is likely to be, planned to be, or actually conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, or other property owned or controlled by the city;

2. Is likely to, planned to, or actually does obstruct, delay, impede, impair or interfere with the usual, normal and free pedestrian use, vehicular use, or other lawful use of the location; or is likely to, planned to, or actually does not comply with traffic controls or other applicable law; and

3. Provided, however, that a special event shall not include any association of persons which does not present serious traffic, safety, or competing use concerns beyond those presented on a daily basis by ordinary use of the streets and sidewalks, or which does not otherwise implicate significant government interests. 419
ORDINANCE No. 2023-12
“Downtown Annual Community Event” means any large scale annual outdoor public event utilizing public areas, including streets and parking lots in the vicinity of Downtown Visalia, generally identified as the area north of Mineral King Avenue, east of Conyer Street, south of Murray Avenue and west of Tipton Street, that have historically had in excess of 1000 attendees in one day. "Expressive Event" shall mean any special event organized or conducted solely or primarily for the purpose of engaging in speech protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
"Spontaneous Expressive Events" shall mean any expressive event occasioned by news, affairs, or circumstances coming into public knowledge less than five days prior to the date of such event.
"Application Fee" shall mean the fee to be paid by the applicant for a special event at the time the application is filed with the special events committee, or its authorized designee. A fee schedule shall be authorized or established by resolution of the city council and shall cover the actual full costs (or a portion thereof) of processing special event applications.
"Chief of Police" shall mean the chief of police of the City of Visalia, or his/her authorized designee.
"City Manager" shall mean the city manager of the City of Visalia, or his/her authorized designee.
"Special Events Committee" or "Committee" shall mean the committee responsible for authorizing special events pursuant to this chapter, or its authorized designee.

Section 12.48.030 General provisions.

A. It is unlawful for any individual, entity, firm, association, or corporation to conduct, aid, or participate in any special event unless it has been approved by the City Manager or their designee committee, and said authorizing documents issued by the city are carried by an individual present at the special event and responsible for ensuring compliance with the provisions of this chapter.

B. It is unlawful for any individual, entity, firm, association, or corporation to participate in any special event with the knowledge that the sponsor of the special event has not been authorized by the committee city or that the sponsor has failed to comply with the conditions of the authorizing documents. 420
ORDINANCE No. 2023-12
C. A special event approved by the committee A Special Event permit authorizes the applicant to conduct only such special event as is described in the authorizing documents, and in accordance with the terms and conditions of said documents. It is unlawful for the applicant to willfully violate the terms and conditions of the authorizing documents, or for any special event participant with knowledge thereof, to willfully violate the terms and conditions of the authorizing documents.

D. Any person willfully violating any provision of this chapter shall be subject to the remedies provided under Chapter 1.13 of the Visalia Municipal Code. In addition to the remedies provided under Chapter 1.13 of the Visalia Municipal code, or as an alternative thereto, such person may also be deemed guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) for each violation. Violations may also be addressed by civil action in which the violator shall be liable for the full amount of actual costs incurred by the city in connection with the provision of any city service for, or because of, the special event, including, but not limited to, police services, fire services, emergency services, park services, traffic safety services, and public works services.

E. The committee Special Event permits shall not be processed any application for a special event until the application fee, as set forth in the fire department's the applicable City of Visalia rates and fees schedule, has been paid in full. However, the committee fee shall be waived the application fee if:

1. The applicant presents a verified statement certifying, under penalty of perjury, that:
a. First Amendment expression is the sole or primary purpose of the special event for which the authorization is sought; and
b. Payment of the application fee would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.

2. The applicant describes the nature of the event in narrative form, including details supporting the conclusion that the special event's sole or primary purpose is First Amendment expression; and

3. The applicant explains why payment of the application fee would preclude the applicant's exercise of First Amendment rights.

4. The committee city finds by a preponderance of the evidence that:
a. All information required by this subsection (E) of this section has been provided; and
b. The statement does not contain any material falsehoods or misrepresentations; and
421
ORDINANCE No. 2023-12
c. Requiring payment of the application fee would burden the applicant to such an extent that the applicant would likely be precluded from exercising its First Amendment rights.

Section 12.48.040 Applications for non-expressive special events.

A. Unless otherwise specified, the following provisions do not apply to any application for an expressive event.

B. An application for a non-expressive special event shall be submitted at least one month prior to the planned date of the event and no more than one year prior to the planned date of the event, except that applications must be submitted at least two months prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

C. After submitting an application for a non-expressive special event, the applicant shall schedule at least one meeting with the committee, either in person or via telephone, to coordinate with the city on the conduct of the non-expressive special event and to review the requirements for processing the application.

D.C. Additional All applications materials required by the city committee for nonexpressive special events must be received and the application deemed complete no later than seven business days prior to the planned date of the event, except that applications must be complete no later than fourteen (14) business days prior to the planned date of the event if:

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

E. D. An application is complete if the committee all required documentation and materials have been has received all information required by per Section 12.48.060 (Application contents).

F.E. If an applicant for a non-expressive special event fails to comply with the requirements of this section, the committee shall deny the application shall be denied in accordance with the provisions set forth in Section 12.48.090 (Rejection and notice).

Section 12.48.050 Applications for expressive events.

A. An initial application for an expressive event shall be submitted at least five business days prior to the planned date of the event and no more than one year prior to the planned date of the event, except that applications must be submitted at least seven business days prior to the planned date of the event if:
422
ORDINANCE No. 2023-12

1. The event is likely to be, or planned to be, in, upon, or along any portion of any city street, sidewalk, alley, or other public right-of-way; or

2. The event is likely to have, or planned to have, more than one thousand (1,000) persons in attendance.

B. After submitting an application for an expressive event, the applicant shall schedule at least one meeting with the committee, either in person or via telephone, to coordinate with the city on the conduct of the event and to review the requirements for processing the application.

C.B. For an expressive event not requiring a special event encroachment permit as part of the authorizing documents, and not likely to have, or planned to have, more than one thousand (1,000) persons in attendance, a final decision regarding the authorization of said expressive event shall be made within three business days of the city’s committee's receipt of a complete application.

D.C. For expressive events that require a special event encroachment permit as part of the authorizing documents, or are likely to have, or planned to have, more than one thousand (1,000) persons in attendance, a final decision regarding the authorization of the expressive event shall be made within five business days of the committee's receipt of a complete application.

E. Applicants shall be notified of the committee’s decision within one business day after the decision is made.

F.D. In determining whether to authorize an expressive event, or any terms or conditions imposed thereon, the committee shall not, under any circumstances, consider the message of the event, the content of speech, the identity or associational relationships of the applicant, or make any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event shall be considered under any circumstances.

Section 12.48.060 Application contents.

A. Except for spontaneous expressive events, any applicant desiring to conduct a special event or an expressive event shall complete and file with the committee all application documentation provided or otherwise available to the applicant from the city. The applicant shall also provide any additional information required by city for the committee to make the findings required by Section 12.48.080. The city shall assist the applicant should such additional information be required.

B. In addition to the information required by subdivision (A), if a special event is likely to be, or planned to be, conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, the applicant shall also submit the following information:

1. A special event encroachment permit application; and 423
ORDINANCE No. 2023-12

2. A plan that demonstrates how the applicant intends to comply with the city's good neighbor policy; and

3. A traffic control plan, when required by the city, and, where applicable, a logistics schedule. A traffic control plan shall be required by the city whenever a proposed special event requires closing a traffic lane in a street or alleyway open to vehicle traffic.

C. In addition to the information required by subdivision (A), if an expressive event is likely to be, or planned to be, conducted in, upon, or along, any portion of any city street, sidewalk, alley, or other public right-of-way, the applicant shall also submit the information specified in subdivision (B), except such applicants shall not be required to comply with the city's good neighbor policy.

Section 12.48.070 Spontaneous expressive events.

A. An authorization pursuant to this chapter is not required to conduct, aid, or participate in any spontaneous expressive event that complies with the provisions of this section.

B. Prior to the start of the event, the organizer of a spontaneous expressive event shall notify the committee appropriate staff of the event and, to the extent reasonably practicable under the circumstances, respond to all appropriate requests for information.

C. A spontaneous expressive event must not present a substantial safety or traffic hazard and must not unduly impede, obstruct, impair, or interfere with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located.

D. If a spontaneous expressive event presents a substantial safety or traffic hazard, or unduly impedes, obstructs, impairs, or interferes with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located:

1. Unless the spontaneous expressive event's location has special communicative value to the purpose of the event and such value would be lost by moving the event to another location, the event's organizer must make a diligent and good faith effort to relocate the event, and its participants, to another location that does not present a substantial safety or traffic hazard, or unduly impede, obstruct, impair, or interfere with the public's use of the street or other public property, the operation of emergency vehicles, the provision of city services, or any lawful competing use of the location where the event is located.

2. If the spontaneous expressive event cannot be relocated due to the special communicative value of the event's location or the unavailability of another location, then the chief of police shall take appropriate action to the extent reasonably necessary to eliminate the hazard, risk, interference, or impairment; 424
ORDINANCE No. 2023-12
provided, however, that the chief of police shall not order the area cleared or the cessation of spontaneous expressive activities unless reasonably necessary to avoid imminent danger to person or property.

Section 12.48.075 Downtown Annual Community Events.

A. The City Council finds and declares that it has historically closed City streets in portions of the downtown area for the purpose of assisting certain community and regional events benefitting downtown Visalia, the community at large and non-profit business organizations operating in the City. Control over the operation of these community and regional events has traditionally been turned over to the entity sponsoring the event. The City Council finds and declares that there is a need to provide written guidelines and regulations on how these downtown community and regional events shall operate. In enacting this provision, it is not the intent of the Council to declare all events held in downtown Visalia a declared “Downtown Annual Community Event.” Events not declared a “Downtown Annual Community Event” shall be subject to the provisions of this chapter.

B. Downtown Annual Community Events, include, but are not limited to, the following:

1. Breakfast Lions Club Car Show, generally held in May;

2. Lions Club Band Review, generally held in October;

3. Hometown Heroes, generally held in October;

4. Taste of the Arts, generally held in October;

5. Race Against Hunger, generally held on Thanksgiving Day;

6. Candy Cane Lane Parade, generally held the Monday after Thanksgiving. (a) Any person seeking to have a public event declared a Downtown Annual Community Event shall seek a declaration from the City Council at least ninety (90) days prior to the event. If a street closure is required in connection with the proposed Downtown Annual Event, such request shall be made at the same time. (b) The City Council may by resolution delegate the authority to declare a Downtown Annual Event, and to temporarily close City streets in connection therewith, to the City Manager and/or their designee.
(c) In addition to being an outdoor public event utilizing public areas in Downtown Visalia, with the stated number of attendees, in order to qualify as this type of event the event must show that it has routinely occurred, which can be proved by showing that the event has been held for at least three of the prior five calendar year before the application is submitted. Any year where an applicant can provide reasonable evidence to City staff that the event was planned but not able to move forward due to weather concerns, or public safety issues can still be accounted for as a year the event was held, if the applicant went through the special event permitting process with the City of Visalia and complied with relevant requirements for meeting good neighbor policies with adjacent businesses. 425
ORDINANCE No. 2023-12
C. Permit Requirements for Downtown Annual Community Events. Qualifying events shall meet typical requirements for special events except that the good neighbor policy shall not be required since the event has routinely occurred in the same location. In addition, if an event changes location or increases in size by more than twenty-five percent, then staff can determine the Downtown Annual Community Event has significantly changed and can require compliance with the good neighbor policy over the impacted area.

Section 12.48.080 Special event authorization.

A. A special event shall be authorized if, after consideration of the application documentation provided by or requested of the applicant, along with any other relevant information in the committee's possession, the committee finds that the city determines:

1. The conduct of the special event is not likely to substantially interrupt the safe and orderly movement of traffic contiguous to the area or streets where the proposed event is to be held;

2. The conduct of the special event is not likely to require the diversion of so great a number of city police officers to properly police the streets and area being used, as to prevent normal police protection to the city;

3. The concentration of individuals, animals, and vehicles is not likely to unduly interfere with proper fire and police protection of, or ambulance services to the area, or areas contiguous thereto;

4. That the applicant has provided for an adequate number of monitors to control the orderly conduct of such event;

5. The conduct of such special event is not likely to cause injury to individuals or property;

6. If the special event is a parade, that it will likely move from its point of origin to its point of termination expeditiously and without unreasonably stopping in route;

7. The special event is not to be held for the sole purpose of advertising any product, goods, wares, merchandise, or event, and is not designed to be held purely for private profit;

8. If the applicant has previously received a special event authorization, that the applicant complied with all provisions of this chapter and with all conditions placed on the authorization, has timely paid all applicable fees, charges, and penalties imposed in relation to the authorization, or has entered into a repayment plan for all unpaid amounts and is current on all payments under such plan.

9. The special event complies with the provisions set forth in Section 12.48.100 (Insurance, indemnification, risk mitigation). 426
ORDINANCE No. 2023-12

10. The special event is not likely to substantially interfere with municipal services, such as fire or solid waste, shall not interfere with ambulance services, access to emergency services, and shall not substantially interfere with educational activities of public schools near the proposed special event location.

B. Terms or conditions placed on a Special Event by the Committee city shall only be included to the extent that:

1. The term or condition is necessary for the Committee city to make the findings required by subdivision (A) above; or

2. The term or condition is necessary to defray municipal expenses reasonably incurred as a direct result of authorizing the special event.

Section 12.48.090 Rejection and notice.

A. If an applicant fails to comply with the requirements specified in Sections 12.48.040, 12.48.050, 12.48.060, and/or 12.48.080 the committee application shall be denied deny the application and notify and the applicant notified in writing of the committee's action.

B. If, after receiving a complete application, the committee is unable to make the findings required by Section 12.48.080, the committee shall notify the applicant why, based on the information in the committee's possession, the committee was unable to make the required findings and shall request additional information that could enable the committee to make the required findings.

C.B. Any notice of denial shall state with specificity the reasons for the application's denial and shall identify the provision or provisions of this chapter upon which the denial is based.

D.C. All notices sent pursuant to this section shall be deposited in the United States post office in the city, postage prepaid, addressed to the applicant at his/her address as provided in the application, or be sent via electronic mail to the address provided in the application.

Section 12.48.100 Insurance, indemnification, risk mitigation.

A special event authorization shall not be made unless:

A. The applicant has obtained adequate insurance, both in type and amount, as determined by the city's risk manager or designee, which determination shall be based upon the logistics, size and other factors associated with the conduct of the special event. The determination made by the city's risk manager or designee shall be reasonably calculated to protect the city from any liability which may be incurred by the city pursuant to its authorization of the special event.

B. The applicant obtains a waiver for insurance coverage, as provided below.

1. The committee shall waive the requirement for insurance coverage shall be waived if the applicant presents a verified statement, certifying under penalty of perjury, with sufficient information to establish that:
427
ORDINANCE No. 2023-12
a. First Amendment expression is the sole or primary purpose of the special event; there will be no fee or donation charged or requested as a condition of admission; the special event will not involve the use of equipment, other than sound equipment; the special event will not involve the sale of alcohol; and b. The applicant or officer of the sponsoring organization has determined that the cost of obtaining insurance is financially burdensome and would constitute an unreasonable burden on the right of First Amendment expression; and The cost of obtaining insurance is so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights. c. The applicant has been unable to obtain insurance coverage that is within the applicant’s budget, including the name and address of at least two insurance agents or other sources contacted to determine insurance premium rates and suitable insurance through the City of Visalia is unavailable to the applicant.

C. 2. The applicant provides a signed indemnification agreement to reimburse the city for any costs that the city incurs in connection with the special event proximately caused by the actions of the applicant, its officers, employees, or agents, or any person who was, under the applicant's control insofar as permitted by law. Applicants that obtain a waiver for insurance coverage will not be required to submit the indemnification form. The agreement shall also provide that the applicant shall hold harmless, indemnify and defend the city, its officials, members, agents and employees against any claims, costs, damages, demands, liability and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of the applicant in connection with the special event, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability and notices, or any of these, caused solely by the negligence or willful misconduct of the city. Persons who merely join in a parade or event are not considered by that reason alone to be "under the control" of the applicant; and
D. 3. The applicant agrees to cooperate with the city to respond to risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the special event.

Section 12.48.130 Deposits Fees for certain special events.

A. Generally.

1. The committee may require the applicant to pay a deposit Fees reasonably calculated by the City using the applicable adopted City of Visalia Rates and Fees for services to reimburse the city for its reasonable and necessary costs in providing services for a special event shall be paid for prior to the issuance of the permit. City staff will provide the applicant with the basis used by the City for determining the applicable required services, which will use the estimated size and scope of the proposed event.
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2. If the applicant disputes the amount of a deposit fees, he or she may appeal to the city manager or his/her designee within five business days after receipt of the deposit determination.

B. Cleanup deposits.

2. 1. The applicant for a special event involving the sale of food or beverages, erection of structures, horses or other large animals, water aid stations, or the use of public streets, sidewalks, or any public right of way shall provide verification that the required amount of refuge containers will be available during the event. cleanup deposit prior to the authorization of a special event. The cleanup deposit shall be in the amount established in the master fee resolution.

2. The cleanup deposit shall be returned to the applicant after the special event if the area used for the special event has been cleaned and restored to the same condition as existed prior to the event, or, if no authorization has been made on an application, to the applicant after the planned date of the event as identified in the application has passed.

3. 3. If the property used for the event has not been properly cleaned or restored, the applicant shall be billed for the actual cost incurred by the city for cleanup and restoration. and the cleanup deposit, or a portion thereof, shall be applied toward payment of the bill. Should there be any unexpended balance on deposit after completion of the work, this balance shall be refunded to the applicant. Should the amount of the bill exceed the cleanup deposit, the difference shall become due and payable to the city upon the applicant's receipt of the bill.

4. If the applicant disputes the amount of a deposit fees or billed amount for city reimbursement for clean-up expenses, he or she may appeal to the city manager and/or their designee within five business days after receipt of the billed amount.

BC. Waiver of deposits fees for expressive events.

1. The City committee shall waive the requirements for staff fees and/or refuge containers a deposit if the applicant presents a verified statement, certifying under penalty of perjury, explaining in sufficient detail for the committee to determine that:
a. First Amendment expression is the sole or primary purpose of the special event; and
b. Payment of the deposit fees would be so burdensome that in the absence of a waiver the applicant would be precluded from exercising its First Amendment rights.
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ORDINANCE No. 2023-12
SECTION 3. In addition to the revisions and additions above to update and streamline the process for special events permits, the Visalia City Council finds that the use of public streets for special events can cause disruptions of traffic patterns, parking issues when usage of street for special events is frequent, particularly when the proposed special event is being conducted by persons that are not associated with the businesses that utilize the street and parking area being used during the special event, and that Visalia City Council would encourage the use of parks or public/private facilities for special events, not public streets, the Visalia City Council is hereby adding section 12.48.085 – Restrictions on the usage of public street for special events to the Visalia Municipal Code:

Section 12.48.085 Restrictions on usage of public streets for special events.

In order to prevent long term disruption of traffic patterns and to encourage the use of parks and/or public or private facilities, and not public streets for special events, for purposes of this ordinance, the city may determine that an event substantially interrupts the safe and orderly movement of vehicular traffic contiguous to the streets where the proposed event is to be held if the applicant is requesting to hold an event, other than a parade, in a street that will impact traffic patterns for more than twelve (12) days in a calendar year or has filed similar event applications impacting the same streets within the previous twelve (12) months. The city may find that no substantial interruption is occurring if the applicant for the special event, or a sponsor of the special event, is a property owner or tenant of property with street frontage in the area proposed for closure, or if the requested closures for special events only impact alleyways.

SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 5. This Ordinance shall take effect thirty days after its adoption.

SECTION 6. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted as required by law. 430
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0487 Agenda Date: 12/18/2023 Agenda #: 10.

Agenda Item Wording:

Fleet Maintenance Management Software - Authorize the City Manager to award a 5-year solesource contract in the amount of $124,044.84 to AssetWorks LLC. for annual maintenance and support of the Fleet Focus software.

Deadline for Action: 12/18/2023
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 a 5-year sole-source contract in the amount of $124,044.84 to AssetWorks LLC. for annual maintenance and support of the Fleet Focus software.

Background Discussion:

In 2000, the Fleet Division began using Fleet Focus maintenance software owned by AssetWorks LLC. This software is used to maintain the records of all City of Visalia-owned vehicles and equipment that the Fleet Maintenance Division maintains. The software is used to document all services performed and the costs associated with those services. Those costs are then charged to each department’s allocation for those services. The existing system is functioning well, and if the City were to transition to a new system, it would require substantial time, effort, and additional cost.

Due to the ongoing performance of the existing AssetWorks system, the IT, Finance and Public Works Divisions recommend continuing to utilize the current AssetWorks’ Fleet Focus software.

Annual maintenance renewal agreements need to be entered into to keep the City of Visalia eligible for updates and assistance/support as needed.

Year 1 - (11/1/23 - 10/31/2024): $20,665.77 (Paid)
Year 2 - (11/1/24 - 10/31/2025): $22,319.03
Year 3 - (11/1/25 - 10/31/2026): $24,327.74
Year 4 - (11/1/26 - 10/31/2027): $26,760.52
Year 5 - (11/1/27 - 10/31/2028): $29,971.78
Total: $124,044.84
Fiscal Impact:

Funding for this service is budgeted within the Fleet Maintenance Division (5012).

Prior Council Action:

Prior contracts have been awarded in accordance with the City’s Purchasing Policy, and under the Visalia City Council Page 1 of 2 Printed on 4/26/2024
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File #: 23-0487 Agenda Date: 12/18/2023 Agenda #: 10.

Prior contracts have been awarded in accordance with the City’s Purchasing Policy, and under the City Manager’s discretion. Due to the increase in costs, the proposed 5-year contract now exceeds this limit and is therefore now being brought to the City Council for approval.

Alternatives:

Competitively select a software vendor to perform these services via a Request for Proposals (RFP) process through the City’s Purchasing Department. (The existing system is functioning well, and changes would require a substantial transition from one system to another. Due to these reasons, transitioning to an alternative system is not recommended at this time.) Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a 5-year sole-source contract in the amount of $124,044.84 to AssetWorks LLC. for annual maintenance and support of the Fleet Focus software.

Attachments:

AssetWorks 2023-2028 Proposal
Visalia City Council Page 2 of 2 Printed on 4/26/2024
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998 Old Eagle School Road │ Suite 1215 │ Wayne PA 19087-1805 Number 1252 FA MNT24 Tel (484) 588-5515 Fax (610) 971-9447 5 year term
TO: City of Visalia
FROM: AssetWorks Inc.

DATE:

RE: FleetFocus FA Maintenance and Support Renewal
Prices valid through October 31, 2028
Year 1 Annual Software Maintenance and Support for period 11/1/2023 - 10/31/2024 FleetFocus FA license for up to 630 active equipment units $ 20,665.77
Includes product updates and enhancements, unlimited email and telephone support for 12 months Year 1 2023-2024 Subtotal $ 20,665.77
Year 2 Annual Software Maintenance and Support for period 11/1/2024 - 10/31/2025 FleetFocus FA license for up to 630 active equipment units $ 22,319.03
Includes product updates and enhancements, unlimited email and telephone support for 12 months Year 2 2024-2025 Subtotal $ 22,319.03
Year 3 Annual Software Maintenance and Support for period 11/1/2025 - 10/31/2026 FleetFocus FA license for up to 630 active equipment units Same configuration as above $ 24,327.74
Year 3 2025-2026 Subtotal $ 24,327.74
Year 4 Annual Software Maintenance and Support for period 11/1/2026 - 10/31/2027 FleetFocus FA license for up to 630 active equipment units Same configuration as above $ 26,760.52
Year 4 2026-2027 Subtotal $ 26,760.52
Year 5 Annual Software Maintenance and Support for period 11/1/2027 - 10/31/2028 FleetFocus FA license for up to 630 active equipment units Same configuration as above $ 29,971.78
Year 5 2027-2028 Subtotal $ 29,971.78
For Visa, MasterCard, and American Express payments, add 4%:

REMIT TO: Sales Tax: 0.0000% $ -
CHECKS All software updates are electronically delivered AssetWorks
PO Box 202525 5 YEAR BUDGETARY TOTAL, $ US $ 124,044.84 Dallas TX 75320-2525

EFT, ACH, OR DIRECT DEPOSIT
Wells Fargo, 8601 N. Scottsdale Rd., Scottsdale AZ 85253 US Tax ID # 46-0521049 ABA # 122105278 Canada GST/HST # 834113896 RT0001
Account # 5076434348 AssetWorks Inc. is a subsidiary of Trapeze Software Group Inc. → If you have any questions, please contact Alexis Scheifley at [email protected]. Page 1 of 2 ←

MAINTENANCE RENEWAL STATEMENT
December 7, 2023
If you require a separate invoice , complete this form and return it by email or fax; AssetWorks will issue an invoice as you instruct below. If your organization requires us to reference a purchase order number on our invoice , we must receive that PO by email to [email protected] or by fax to (610) 971-9447. Do not mail POs to our remittance address .

Including Bar Code, Call Center, Equipment Planning, Labor Capture, Production Planning, Query, Replacement Modeling, Service Level Agreements, Shop Scheduling, and API subscription - all existing APIs excluding Telematics Cloud Including Bar Code, Call Center, Equipment Planning, Labor Capture, Production Planning, Query, Replacement Modeling, Service Level Agreements, Shop Scheduling, and API subscription - all existing APIs excluding Telematics Cloud Y:\Visalia [FA]\Contracts\Maintenance Renewals\Visalia FA Maint Renewal Nov 2024_5yr_Rev3 Confidential Information 439
998 Old Eagle School Road │ Suite 1215 │ Wayne PA 19087-1805 Number 1252 FA MNT24 Tel (484) 588-5515 Fax (610) 971-9447 5 year term
TO: City of Visalia
FROM: AssetWorks Inc.

DATE:

RE: FleetFocus FA Maintenance and Support Renewal
Prices valid through October 31, 2028

MAINTENANCE RENEWAL STATEMENT
December 7, 2023
Terms

SOLE SOURCE
I, the undersigned, accept this maintenance renewal as described above.

Name: Title:

Signature: Date:
[ ] PO REQUIRED: #______________________________ [ ] NO PO REQUIRED → If you have any questions, please contact Alexis Scheifley at [email protected]. Page 2 of 2 ← [ ] Please MAIL invoice to: _____________________________________________________________________________________ [ ] Please E-MAIL invoice to: ____________________________________________________________________________________ [ ] NO SEPARATE INVOICE
NEEDED
Unless there is a signed agreement between the parties, this maintenance renewal is subject to the terms and conditions of the AssetWorks Master Service Agreement found at http://www.assetworks.com/TC-Fleet/. The parties will continue to be bound by those terms during any renewal period unless otherwise agreed by both parties through a signed amendment. Notification of termination of maintenance is required 90 days prior to annual renewal date.

FleetFocus is proprietary property of AssetWorks Inc. and protected by law. Another party cannot alter, modify, change, manipulate or provide maintenance for this product without infringing upon AssetWorks' ownership rights. Accordingly, AssetWorks is the sole source for software, maintenance and services of its products.

Y:\Visalia [FA]\Contracts\Maintenance Renewals\Visalia FA Maint Renewal Nov 2024_5yr_Rev3 Confidential Information 440
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0488 Agenda Date: 12/18/2023 Agenda #: 11.

Agenda Item Wording:

Fleet Paint and Body Repair Contract - Authorize the City Manager to award an annual contract for vehicle and equipment paint and body services to Dura-Glo Paint and Body Inc. for Request for Bid (RFB) #22-23-73. Contract not to exceed $250,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Deadline for Action: 12/18/2023
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 vehicle and equipment paint and body services to Dura-Glo Paint and Body Inc. of Visalia, CA for Request for Bid (RFB) #22-23-73. Contract not to exceed $250,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Background Discussion:

The Fleet Maintenance Division developed an annual contract for paint and body services that has been managed through the Fleet Maintenance Division. This contract has been utilized for the repair and maintenance of the City’s fleet when involved in accidents, there are needs for graphics to be added or repaired, or vehicles requiring detailing for continued use. The bids include hourly rates with the amount of hours for each repair determined by an industry standard software system, CC1.

On November 21, 2023, bids were received and publicly opened, with only one bid being received.

The bid received was submitted by Dura-Glo Paint and Body Inc. of Visalia, CA. Dura-Glo Paint and Body’s bid was submitted on time and met all the RFB’s requirements. Dura-Glo Paint and Body was the holder of the prior contract and has performed well and in accordance with the current contract.

Fiscal Impact:

Funding for this service is paid through the Fleet Maintenance Division operations budget (5012), which is allocated to departments based on services each department receives. Over the past three fiscal years, the City has spent an average of $214,000 per year under this contract.

Prior Council Action:

June 18,2018 - Authorize an annual contract for paint and body services to Dura-Glo Paint and Body of Visalia per RFB #17-18-68. Contract not to exceed $250,000 annually. The one-year contract is annually renewable for up to four additional years.

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File #: 23-0488 Agenda Date: 12/18/2023 Agenda #: 11.

Alternatives:

Reject all bids and direct staff to rebid the contract.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an annual contract for vehicle and equipment paint and body services to Dura-Glo Paint and Body of Visalia, CA for Request for Bid (RFB) #22-23-73.

Contract not to exceed $250,000 per year, with an option to renew annually for up to four (4) additional one-year terms.

Attachments:

RFB #22-23-73 - Paint & Body - Bid Summary
RFB #22-23-73 - Dura-Glo - Bid Proposal
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0437 Agenda Date: 12/18/2023 Agenda #: 12.

Agenda Item Wording:

Letter of support for Kaweah Delta Water Conservation District - Consider confirmation of a letter of support for Kaweah Delta Water Conservation District’s application for the Kaweah Subbasin Multi Benefit Land Repurposing Program.

Deadline for Action: N/A
Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, 559-713-4530 Department Recommendation:

It is recommended that the City Council endorsement the letter of support for the Tulare Irrigation District (TID) request for community funding for the Seaborn Reservoir Project (Project).

Background Discussion:

A time-sensitive request from Kaweah Delta Water Conservation District to support the District’s quest repurpose agricultural property through the Kaweah Subbasin Multibenefit Land Repurposing Program was received between Council meetings. There was not time to bring the request to Council prior to the deadline. As with similar previous requests that were consistent with the Council’s legislative platform, staff prepared and the Mayor signed a letter of support. (Copy attached) Should the Council not concur with this action, the letter of support will be withdrawn.

The San Joaquin Valley (Valley) is one of the most productive areas for agriculture in the United States, and as a result of the significant agriculture that occurs here, water plays an essential role in the human, economic, and cultural health of the region.

The wellbeing of the Valley is primarily dependent on the precipitation that occurs in the Sierra Nevada Mountain range, and the water provided through supplemental groundwater pumping. The Kaweah subbasin has focused significant time and energy in order to meet sustainability of our groundwater resources. One method of increasing groundwater supplies is to retire and repurpose agricultural properties with high water demands, into less demanding.

Funds from this Program will specifically be used to expand the KDWCD recharge facility, immediately south of the Kaweah Oaks Preserve. The basin, known as the Paregian Basin, will not only expand the Districts ability to lay surface flows from the Kaweah system, but also increase habitat area for local wildlife. Specific amenities to the expansion include planting native shrubs and trees and incorporating islands for migratory birds. It is anticipated that the landscaping will increase population densities of prey animals for migratory birds. There is also a public component to allow Visalia City Council Page 1 of 2 Printed on 4/26/2024
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File #: 23-0437 Agenda Date: 12/18/2023 Agenda #: 12.
visitors to come to the area.

The areas to inundated are currently planted in permanent agriculture. It should also be noted that by permanently retiring the agricultural property, total demand for the region will also decrease.

Fiscal Impact:

The fiscal impacts associated with the council approval of this Letter of Support are null.

Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

It is the recommendation of City Staff to confirm the letter of support for Tulare Irrigation District’s Seaborn Reservoir Project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Letter of support
Visalia City Council Page 2 of 2 Printed on 4/26/2024
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Native Grass
Covered Islands
PAREGIEN BASIN PHASE II EXPANSION PROJECT : CONCEPTUAL PLAN Top of Embankment
Viewing Station
(Kiosk)
Riparian Zone
Stockpile Area
457
Embankment Cross Section
Island Cross Section
25'-0"
50'-0"
1'-0"
3'-0"
Top of Embankment
2:1 Slope (Outside Basin) 6:1 Slope (Inside Basin)
Bottom of Basin
Overexcavate and Recompact
Overexcavate and Recompact
Top of Island
6:1 Slope
Maximum Water Elev.

Bottom of Basin
5'-0"
Maximum Water Elev.
3'-0"
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0489 Agenda Date: 12/18/2023 Agenda #: 13.

Agenda Item Wording:

Wastewater Treatment Plant - Near-Term Project Engineering Services - Authorize the City Manager to award an emergency contract to Carollo of Fresno, CA in the amount of $887,200 for the engineering services related to the identified near-term project improvements required to support ongoing operations at the Water Reclamation Facility. Also, authorize the appropriation of $975,000 from the Wastewater Enterprise Fund (431).

Deadline for Action: 12/18/2023
Submitting Department: Public Works
Contact Name and Phone Number: Nick Bartsch, Public Works Director, [email protected] <mailto:[email protected]>, 713-4052
Department Recommendation:

Staff recommends that Council authorize the City Manager to award an emergency contract to Carollo of Fresno, CA in the amount of $887,200 for the engineering services related to the identified near-term project improvements required to support ongoing operations at the Water Reclamation Facility. Also, authorize the appropriation of $975,000 from the Wastewater Enterprise Fund (431) to fund this project.

Background Discussion:

In 2018, the City completed a $150 million upgrade to the City’s Water Reclamation Facility (WRF).

This project made various improvements throughout the plant utilizing a tertiary treatment process, thus creating the ability to produce California Title 22 compliant recycled water using membrane bioreactor (MBR) treatment, and ultraviolet (UV) disinfection technologies. This upgrade was necessary as a result of the Central Valley Water Board’s adoption of the National Pollutant Discharge Elimination System (NPDES) permit (NPDES No. CA0079189) under Waste Discharge Requirements (WDR) Order R5-2014-0076, which increased regulation on processed wastewater discharge into Mill Creek in 2014. Therefore, these improvements to the facility allowed for treatment and disinfection for up to 22.0 million gallons of wastewater per day (mgd) and the rerouting of the plant’s effluent to alternative destinations and uses. The treatment processes remove greater than 99% of traditional pollutants and allows the permitted ability to provide disinfected tertiary effluent to not only the City’s basins, but also to Tulare Irrigation District canals, the Visalia Municipal Airport, Plaza Park, the golf course and nearby farmland.

However, the significant upgrades completed in 2018 made major changes to the treatment processes and increased Plant-wide efficiencies, focused on certain components and processes within the Plant, but did not increase the overall design capacity of the entire facility. Additionally, since the last major upgrade project in 2018, influent industrial flow loadings for biochemical oxygen demand (BOD) and total suspended solids (TSS) have increased drastically over the past few years.

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File #: 23-0489 Agenda Date: 12/18/2023 Agenda #: 13.

This coupled with successful water conservation efforts throughout the City, while beneficial from a water usage standpoint, have changed and impacted the consistency of flows entering the plant.

Higher loadings cause strains and upsets on the solids handling system including the thickening, digestion, and dewatering processes. These changes have affected the operations of the facility and its overall available capacity.

Due to their familiarity with the facility and expertise in wastewater treatment facility design and operations, Carollo was hired to perform a condition assessment, facility plan, and master plan update. To date, Carollo has completed the condition assessment and facility plan. Through this process, they recognized current available capacities, but identified critical near-term projects required for the facility to continue operating efficiently, while also meeting the current demands for growth throughout the city and the surrounding community.

Carollo has identified two key near-term projects needed to improve existing operations while maintaining the ability to accommodate ongoing increased demand. First, improvements to the sludge thickening and conveyance system will facilitate improved efficiencies of the Plant’s digesters.

This will include the addition of a thickened sludge pump station. With the ability to thicken this material up to five percent total solids, the existing digesters will be able to process it more efficiently and restore some of the additional digestion capacity needed to accommodate increases in flows and loading. This will provide the necessary time for design and construction of dewatering upgrades and ultimately a new digester. Second, Carollo has identified the need to improve the dewatering processes at the Plant in order to process the additional volume of material being received. This will include the construction of a third screw press, additional sludge drying beds, and a new sludge holding reservoir. These improvements will allow for the processing and handling of the additional material produced from the increased flow and loadings.

Carollo is familiar with the WRF facility, understands the urgency and scope of these projects, and has the expertise and available resources to complete this work in a timely and expeditious manner.

Their proposed rates and fees are in line with industry standards for this type of work. The design of these projects will be completed in phases, allowing the construction of these improvements to begin as soon as possible. The total estimated timeframe to complete these near-term projects is approximately 2 years.

Fiscal Impact:

Carollo has proposed completing the engineering design work at a fixed fee of $683,600.

Additionally, they have proposed to perform engineering construction support on a time and material basis (as needed), estimated not to exceed $203,600. In total, the proposed fees equal $887,200.

However, to account for any unforeseen needs and the potential for additional review, analysis, or design work not currently identified, Staff is recommending to appropriate $975,000 for the project.

Adequate funding is currently available within the Wastewater Enterprise Fund 431.

Prior Council Action:

April 3, 2023 - Authorize the City Manager to award a contract to Carollo of Fresno, CA in the amount of $515,400 for the Condition Assessment, Facility Plan, and Master Plan Update at the City's Water Reclamation Facility.

Other: None
Visalia City Council Page 2 of 3 Printed on 4/26/2024
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File #: 23-0489 Agenda Date: 12/18/2023 Agenda #: 13.

Alternatives: Competitively select a consultant to perform these services via a Request for Proposals (RFP) process through the City’s Purchasing Department. (Due to the critical nature and timing of this work, this is not recommended.)
Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award an emergency contract to Carollo of Fresno, CA in the amount of $887,200 for the engineering services related to the identified near-term project improvements required to support ongoing operations at the Water Reclamation Facility. Also, authorize the appropriation of $975,000 from the Wastewater Enterprise Fund (431) for this project.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: WRF - Near-Term Solids Handling Improvements - Carollo - Engineering Proposal - 12-8-2023
Visalia City Council Page 3 of 3 Printed on 4/26/2024
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1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
00030086 / Solids Handling Improvements_SOW_12_8_2023.docx December 8, 2023
Mr. Nick Bartsch
City of Visalia
Public Works Department
336 North Ben Maddox Way
Visalia, CA 93292
Subject: Water Reclamation Facility – Solids Handling Improvements Design Dear Mr. Bartsch:

Enclosed is a Scope and Fee prepared by Carollo Engineers, Inc. (Carollo), to evaluate the City of Visalia (City) Water Reclamation Facility (WRF) to design an improved Thickened Sludge Pump Station (TWAS), additional screw press and sludge drying beds, and a new sludge holding reservoir.

Project Background
The WRF currently uses gravity belt thickeners (GBTs) to thicken waste activated sludge. These GBTs were designed to produce thickened waste activated sludge (TWAS) up to 5 percent total solids (TS). However, the plant has run into issues with the TWAS pumps tripping from too high of pressure when the TWAS is thickened to 5 percent TS. Therefore, the GBTs are operated to produce TWAS with about 2.5 percent TS, resulting in a significantly higher sludge flows being sent to the plant’s digesters. Since the capacity of the digesters is currently limited by the hydraulic retention time and not the solids loading rate, this additional sludge flow being sent to the digesters directly reduces the overall digestion capacity.

Replacing the TWAS pumps with new pumps that can accommodate higher pressures would allow the GBTs to be operated as originally designed and produce TWAS with 5 percent TS. Sending less TWAS to the digesters would restore some of additional digestion capacity for accommodating additional increases in flows and loads, resulting in delaying the need for an additional digester and providing more time for the design and construction of the new digester and dewatering upgrades.

The thickening limitations causes excess flows through digestion, which requires the facility to run both dewatering screw press units under high loading periods . There is currently no additional sludge storage or redundancy on the dewatering units, should maintenance or potential failure occur on one of the dewatering units. This design will add one additional screw press, polymer tank, polymer feed pumps, and electrical equipment for a fully operational third screw press.

Due to the high influent loadings currently seen at the facility, the sludge drying beds are not large enough to keep up with the drying time needed for the biosolids. In addition, timing of sludge removal with wet weather has become difficult and resulted in higher hauling costs. The initial investigation will include an analysis of hauling costs with and without the installation of a dry sludge storage cover (for the stockpile area only) to see if constructing a covered area adds value to the City. This design will incorporate a new sludge drying bed adjacent to the existing beds to allow for handling of the additional sludge loads. The sludge beds will be designed around the 4.5 acre space adjacent to the existing beds. Design of sludge drying covers will be under a separate contract if warranted through the results of the analysis. 462
Mr. Nick Bartsch
City of Visalia
Public Works Department
December 8, 2023

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Visalia City Council
December 18, 2023