Visalia City Council
April 21, 2025

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brett Taylor
Vice Mayor Liz Wynn
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Brian Poochigian
City Council Chambers7:00 PMMonday, April 21, 2025

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 agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions:

Recreation Department
Scott Pyle, Lead Park Maintenance Worker
Eduardo Valdespino, Lead Park Maintenance Worker
Chris Godinez, Lead Custodial Service Worker
25-0125

2. Review of Draft City Council Workshop Priorities and Goals.

Consider the draft City Council Workshop Priorities and Goals and adopt as presented or provide direction to Staff regarding revisions. 25-0127
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION LED BY PRIEST JARNAIL SINGH, GURDUWARA SINGH

SABHA OF TULARE COUNTY

1 Visalia City Council Meeting Agenda - Final April 21, 2025

SPECIAL PRESENTATION / RECOGNITION
Gurduwara Singh Sabha of Tulare County

PUBLIC COMMENTS
This is the time for general public comment on issues within the jurisdiction of the Visalia City Council. Each speaker tonight may speak for up to 3 minutes during this general comment period on a matter that is not on this agenda.

The public may also make one comment for up to 3 minutes prior to the consideration of the Consent Calendar, and immediately before any regular agenda item is heard. The Council asks that you keep you 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.

ITEMS OF INTEREST

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion.

This is the time for members of the public to provide public comment on an item on the Consent Calendar. Comments will not be taken individually by the public if an item is pulled by a Council Member. Each speaker is allowed up to 3 minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling you name and providing your city of residence.

1. Authorization to read ordinances by title only. 25-0088

2. Award Contract, Transfer Funds & Appropriation Funds for Tulare Ave. Project: Authorize the City Manager to award the construction contract with Yarbs Grading & Paving for Tulare Avenue Major Road Rehabilitation from Demaree to Cotta in the amount of $5,202,396.00; authorize the transfer of $400,000 within the RMRA (SB1) Fund between projects; and authorize the additional appropriation of $3,065,000 from the RMRA (SB1) Fund. 25-0096

2 Visalia City Council Meeting Agenda - Final April 21, 2025

3. Authorization to Award On-Call Civil Engineering Services Contract - Award and authorize the City Manager to execute a one-year contract, with the option of up to four one-year extensions, with six (6) Civil Engineering Consultants to Peters Engineering Group, 4 Creeks, Inc., Provost & Pritchard Consulting Group, TRC Engineers, Inc., Lane Engineers, Inc., and CWE; and place these firms on an on-call list to provide civil engineering and related services in support of the City’s Capital Improvement Projects. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council. 25-0097

4. Riggin Avenue Project Award & Transfer of Funds: Authorize the City Manager to award the construction contract with Agee Construction Corporation for the Riggin widening project from Kelsey St. to Shirk St. in the amount of $8,098,281.00; authorize the transfer of Measure R Regional funds; and the amendment to Measure R Supplemental Agreements.
25-0101

5. Award Construction Material Testing Services: Authorize the City Manager to execute an agreement with Krazan & Associates to provide geotechnical material testing services for the Tulare Avenue Major Rehabilitation project from Demaree to Cotta in the amount of $72,500.
25-0121

6. Authorize the Purchase of Traffic Signal Poles: Authorize the purchase of traffic signal poles from Jam Services Inc., for $105,462.00, for the Riggin Ave. and Shirk St. intersection associated with the Riggin Avenue Widening Project from Kelsey St. to Shirk St.
25-0122

7. Award Construction Management Services: Authorize the City Manager to execute an agreement with 4 Creeks, Inc. to provide construction management services for Tulare Avenue Major Street Rehabilitation from Demaree to Cotta in the amount of $420,000. 25-0124

8. Award a Contract for FY 24-25 Reclamite Project - Authorize the City Manager to award a contract with Talley Oil in the amount of $1,284,747.34 for the construction of the FY 24-25 Reclamite Project.
25-0132

9. Authorize staff to apply for grant for Independence
Spectacular community event - Grant is through the San Joaquin Valley Air District for Clean Alternative to Fireworks. 25-0137

3 Visalia City Council Meeting Agenda - Final April 21, 2025

10. Conditional Authorization to Engage Stripe for Microtransit Credit Card Payment Processing Services - Authorize the City Manager, upon completion of the staff vetting of the terms and conditions, to enter into a contract with Stripe to act as a third party credit card processing services provider for the microtransit pilot program for one year with the option of up to four one-year renewals, and up to $30,000 annually.
25-0143

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. Adopt FY 2025/26 -2029/30 Consolidated Plan and FY 2025/26 Action Plan - Public Hearing to adopt 1) Fiscal Year (FY) 2025/26 - FY 2029/30 Consolidated Plan (ConPlan), Analysis of
Impediments to Fair Housing Choice (AI), Citizens Participation Plan (CPP), and FY 2025/26 Annual Action Plan for the use of Community Development Block Grant (CDBG) and HOME
Investment Partnership Program (HOME) Funds; and 2) FY
2024/25 CDBG Action Plan Amendment.
25-0039

2. Annexation and General Plan Amendment - Public hearing and consideration for the following actions related to the project located at the northwest corner of North Dinuba Boulevard and West Riverway Court (APN: 078-110-021, 078-110-006):

1. Adopt Initial Study / Negative Declaration No. 2024-61 for Annexation No. 2024-04 and General Plan Amendment No .
2024-05 (Resolution No. 2025-24); and

2. Initiation of Proceedings for Annexation No. 2024-04, a request by the City of Visalia to annex two parcels totaling

10.4 acres into the City limits of Visalia; and

3. Authorize the detachment from County Service Area No. 1 in accordance with State and County requirements ( Resolution No. 2025-22); and

4. Approval of General Plan Amendment No. 2024-05, a
request by the City of Visalia to expand the Urban
Development Growth Boundary by annexing two parcels into the City limits, and to change approximately a quarter acre of the site from Residential Very Low Density land use
designation to Parks /Recreation land use designation
(Resolution No. 2025-23).
25-0102

4 Visalia City Council Meeting Agenda - Final April 21, 2025

3. Ordinance Adoption - Public hearing and first reading of Ordinance No. 2024-16 to adopt Zoning Text Amendment No. 2024-03: A request by the City of Visalia to add and amend regulations within the Visalia Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards and Planned Residential Development standards applicable to new single-family residential developments. The regulations will apply Citywide to properties within the city limits of the City of Visalia.
25-0108

4. Land Use License with Downtown Visalians - Approve a land use license with Downtown Visalians for the storage of property and equipment at 701 E. Race Avenue for a term of (1) year, with (2) additional 1-year terms upon mutual agreement of the two parties.
25-0133

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

1. Upcoming City Council Meetings
Monday, May 5, 2025 @ 7:00 p.m. at 707 W. Acequia
Monday, May 19, 2025 @ 7:00 p.m. at 707 W. Acequia
Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
25-0123

5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0125 Agenda Date: 4/21/2025 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Recreation Department
Scott Pyle, Lead Park Maintenance Worker
Eduardo Valdespino, Lead Park Maintenance Worker
Chris Godinez, Lead Custodial Service Worker
Visalia City Council Printed on 4/18/2025Page 1 of 1
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6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0127 Agenda Date: 4/21/2025 Agenda #: 2.

Agenda Item Wording:

Review of Draft City Council Workshop Priorities and Goals. Consider the draft City Council Workshop Priorities and Goals and adopt as presented or provide direction to Staff regarding revisions.

Deadline for Action: 4/21/2025
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332 Department Recommendation:

1. It is recommended that the Visalia City Council review the draft workshop priorities and goals ( copy attached) derived from the direction provided by the Council during the January 1, 2025 planning workshop and determine if the draft wording used to define the Council’spriorities are consistent with the Council’sdirection and intent. If the draft document is accurate, it is recommended that the Council adopt the City Council Workshop Priorities and Goals for 2025, or, if amendments are appropriate, provide staff with direction and a revised report will be provided at the next meeting.

2. It is also recommended that the City Council provide input on the Draft City Council Workshop Workplan (copy attached) based on the draft 2025 Priorities and Goals. The workplan outlines the major actions staff will pursue to meet the priorities and goals set by the City Council. As such, staff is looking for general direction regarding the workplans and the Plan’sconsistency with Council direction.

While it is a comprehensive list, it is not all inclusive. It is expected that some of the workplan will be adapted as studies and projects evolve, and that additional items will be undertaken as appropriate that will also be consistent with the Council priorities and goals.

3. While not specifically part of the City Council’s planning session, it is appropriate to recommend that the City Council direct staff to bring back a discussion of a new surplus funds and one-time money policy. For several years, all monies in these categories have been directed to the Civic Center Fund. With the opening of the recent bids for construction of Phase II which are within the limits of the available funds for this project, Council may want to consider revising the policy before the end of the fiscal year to coincide with the long range plans and projects included in the Council’s draft Workshop Priorities and Goals.

Summary:

The City Council held a planning workshop on Jan. 11, 2025 at the Visalia Convention Center. The Visalia City Council Printed on 4/18/2025Page 1 of 4
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7 File #: 25-0127 Agenda Date: 4/21/2025 Agenda #: 2.
public session included a recap of progress over the past two years, public comment on a variety of issues, and thoughtful discussion by the City Council of their long-term vision for the future of Visalia, and the issues they consider most pressing in the community. The Council ended the session with the following priorities:

Growth and Infrastructure:

Environmental
Utilities
Circulation and Maintenance
City Services
Land Use
Business:

Business Friendly
Training and Education
Economic Drivers/Partnership and Collaboration with:

Industrial, Mooney, Downtown, Health, Education, Hospital Quality of Life
Diversity of Recreational Opportunities, activities, events and cultural endeavors Homelessness
Governance
Staff Education: Training to grow our own
Consistent Communication, information and feedback
Continuing Transparency
Agency & Organization, Coordination and Collaboration
Council directed staff to compile the comments and direction provided by the Council and return with a draft of a policy statement regarding the Council’s 2025 Priorities and Goals.

Staff has also prepared an initial workplan for activating and implementing the Council’s Priorities and Goals. While this is a staff working document and not something that requires Council approval, input to ensure the Council is comfortable with the staff’s direction is requested.

Background:

This Council has also recently revised three other policy statements which provide guidance and direction to the organization’s decision making:

Mission Statement:

Our mission is to enhance the lives of Visalians by providing services and solutions that create a vibrant and connected community.

City Values:

Visalia City Council Printed on 4/18/2025Page 2 of 4
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Community: We care deeply for our community and strive to provide transparency and equitable services in an approachable and friendly way.

Opportunity: We are dedicated to enhancing Visalia by providing opportunities for economic and social development.

Vibrancy: We embrace unique perspectives and backgrounds to create a vibrant and welcoming city. 2024-2026 Budget Goals:

Economic Vitality · Promote a vibrant economy that provides an equitable opportunity for all; · Facilitate programs to develop, attract, and retain businesses; · Foster economic development in both commercial and industrial.

Fiscal Strength · Continue to maintain the City’s good fiscal health and sustainability; · Adopt a balanced budget; · Continue to maintain the General Fund Emergency Reserve at 30% of operating expenditures.

Invest in Infrastructure & Growth · Plan for the development of future infrastructure; · Maintain, improve, and replace assets and infrastructure within the City; · Ensure safe, reliable infrastructure that benefits the community; · Seek grant funding to maintain and expand City infrastructure to meet the community's needs; · Manage, maintain, and enhance the City’s roadways to provide a safe and effective transportation system.

Organizational Excellence · Provide excellent public service that is efficient, accessible, and responsive to all; · Provide high-quality essential City services; · Attract and retain a talented, diverse, and engaged workforce across the entire City organization; · Utilize and add technology to increase efficiencies for City services; · Continue to make improvements that equip the City to deliver excellent services to the community.

Quality of Life · Maintain quality of life for the citizens of Visalia; · Continue City efforts to reduce homelessness while collaborating and advocating regionally as appropriate; · Provide diverse housing through a variety of programs and policies for all income levels; · Provide diverse community experiences and personal enrichment for all ages; · Continue to improve parks, recreational amenities, open space, and trailways for a connected community.

Fiscal Impact:

There is no specific financial impact needed at this time for the draft workplan; however, there may be future requests that will be brought to the Council for consideration.

Prior Council Action: The Council held a planning workshop on Jan. 11, 2025 and provided direction to staff.

Other: N/A
Alternatives: To provide direction for adopting the draft priorities and goals to better fit Council’s Visalia City Council Printed on 4/18/2025Page 3 of 4
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intent.

Recommended Motion (and Alternative Motions if expected):

Motion Options:

1. I move to approve the proposed 2025 Visalia City Council priorities and goals as presented or

2. I move to approve the proposed 2025 Visalia City Council priorities and goals with revisions by City Council.
or

3. I move to have staff revise the draft Visalia City Council priorities and goals and return for a further review by the City Council;
and

4. I move to direct staff to place an item on the agenda before the end of June for Council to consider changing the surplus funds and one-time monies policy.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachment:
2025 draft City Council priorities
2025 City Council Workshop Workplan
Visalia City Council Printed on 4/18/2025Page 4 of 4
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10 Growth and Infrastructure
Overall Goal:

Support Visalia ’s long -term growth through thoughtful land use planning, sustainable infrastructure development, and enhanced public services that protect natural resources, ensure reliable utilities, improve transportation and circulation while maintaining a high quality of life for our citizens.

Council Key Points:

Environmental
 Practice good environmental stewardship.

Utilities
 Ensure quality City-provided utilities
 Collaborate with investor-owned utilities to meet current and future needs.

Circulation and Maintenance
 Prioritize proactive planning for road construction and ongoing maintenance.
 Address evolving neighborhood concerns appropriately
City Services
 Deliver quality facilities and relevant programming.
 Maintain outstanding customer service to meet the diverse needs of the community.

Land Use
 Plan for responsible growth.
 Protect Visalia’s central core and preserve the City’s unique character.

2. Business
Overall Goal:

Support a thriving local economy by streamlining processes, strengthening partnerships, and enhancing key business, education, and tourism assets.

Council Key Points:

Business Friendly
 Be responsive to current business needs.
 Anticipate future opportunities and challenges for business development.

Training and Education
 Foster workforce development through partnerships and expanded opportunities.

Economic Drivers/Partnership and Collaboration
 Develop strong, strategic relationships across key sectors:
 Industry
 Mooney Boulevard
 Downtown
 Health
11  Education
 Hospitality
 Collaborate effectively with stakeholders to drive economic vitality.

3. Quality of Life
Overall Goal:

Enhance quality of life through inclusive recreation, cultural opportunities, and coordinated efforts to support communi ty well-being and implement effective practices regarding homelessness.

Council Key Points:

Recreation, Activities, Events & Cultural Opportunities • Focus on providing diverse recreational programming and community events
• Emphasize free or low-cost, family-friendly activities that encourage engagement citywide.

Homelessness
• Work toward reducing homelessness and its impact on the community. • Support safe, dignified, and long-term solutions.

4. Governance
Overall Goal:

Foster an organization that has the tools, skills and passion to provide a government that is responsive, principled, and aligned with the community’s needs and values.

Council Key Points:

Staff Education
 Provide personal and professional growth opportunities throughout the organization.

Communication, Information & Feedback
• Strengthen engagement with citizens using inclusive outreach and multiple
communication platforms.

Transparency
• Offer open access to information.
• Create opportunities for community input and oversight.

Agency & Organizational Collaboration
• Coordinate with community partners.
• Align goals, share resources, and collaborate effectively for greater impact.

12 2025 CITY COUNCIL PR IORITIES AND GOALS

GROWTH AND INFRASTRUCTURE
Overall Goal:

Support Visalia’s long -term growth through thoughtful land use planning, sustainable infrastructure development, and enhanced public services that protect natural resources, ensure reliable utilities, improve transportation and circulation while maintaining a high quality of life for our citizens.

Council Key Points:

Environmental
 Practice good environmental stewardship.

Year One Objectives:
 Actively engage with the California Air Resources Board, the San Joaquin Valley Air Pollution Control District, the State Legislature and Cal Cities regarding realistic timelines for compliance with the zero-emission vehicle requirements.

 Pursue funding and initiate development of a hydrogen pilot project which could include production.

 Explore vehicle and fuel options for other alternative forms of transportation.  Review the water conservation strategy through consultation with Cal Water, an evaluation of the co nservation ordinance, and exploration of alternative strategies to comply with state mandated reductions in urban water use.  Research and identify funding sources to support the ongoing costs of the state- mandated Groundwater Sustainab ility Agency (GSA) and implementation measures required to meet state standards.
 Participate in the Urban Plan being developed by the Mid -Kaweah GSA and, bring recommended action items to Council based on the Plan’s goals.  Review groundwater overdraft mitigation fee and process and return to Council with policy actions.

Year Two Objectives:
 Complete the City’s farmland assessment, evaluating optimal uses with respect to water use, air quality , and financial stewardship . Include the wastewater treatment plant and airport properties.
 Develop a plan to monitor and meter water in the storm water recharge basins and inspect unmonitored structures.
13  Develop a comprehensive evaluation and, as appropriate, plan for full recycled water use at Plaza Park, including rerouting of water lines and identifying optimal applications in and around the park.
 Develop a plan and timeline for implementation of the proposed hydrogen project if funding has been secured. If not, continue to pursue funding.

Year Three Objectives:
 Assess options for large scale solar and battery storage at City locations including the airport and the treatment plant.
 Develop a comprehensive urban greening strategy for the City that will help address the heat index and the visual environment in the community.  Explore additional management and reuse options for biosolids produced at the treatment plant.

Utilities
 Ensure quality City-provided utilities
 Collaborate with investor-owned utilities to meet current and future needs.

Year One Objectives:
 Complete the sewer master plan and fee study.

Year Two Objectives:
 Complete near-term projects at the wastewater treatment plant.  Complete the storm water master plan and fee study.

Year Three Plus Objectives:
 Continue near -term projects and transition to long-range projects at the wastewater treatment plant.
 Continue development of the Municipal Separate Storm Water (MS4) plan, required for implementation by 2030.
 Evaluate additional large-scale utility options that may benefit the community, including solar, hydrogen, microgrids, substation s, and water delivery options alternatives.
 Conduct a comprehensive IT infrastructure evaluation and develop a long and short range plan.

On-going Objectives:
14  Maintain ongoing coordination with local and state utility providers, including Southern California Edison, California Water Service, Southern California Gas Company and the various fiber and communication companies serving Visalia.

Circulation and Maintenance
 Prioritize proactive planning for road construction and ongoing maintenance.  Address evolving neighborhood concerns appropriately
Year One Objectives:
 Initiate the traffic impact fee study (TIF).
 Initiate Municipal Code update to redesignate Tr uck Routes and General Plan Amendment in the circulation Element to address AB98.
 Update the pavement management plan.
 Complete the Street Development Standard.
 Provide Council with a summary of projects needed to complete of the current Circulation Element.
 Follow-up with a Council item on Council’s interest in advancing street construction.
 Develop a comprehensive list of railroad-related issues, including a prioritized action list and inventory of available resources to address them.

Year Two Objectives:
 Update the median design and development standards.
 Evaluate additional uses for the Traffic Management Center, including enhanced signal management and expanded public safety uses.
 Complete the update of the Active Transportation Plan.  Launch an online payment system for all City services.  Complete the on-line permitting system in Community Development.

Year Three Plus Objectives:
 Evaluate additional traffic enforcement technologies.

On-going Objectives:
 Continue collaboration with agencies on Highway 198 improvements, including the Shirk Interchange, development south of Highway 198, the 148 Interchange, and other large-scale highway and street projects.

City Services
 Deliver quality facilities and relevant programming.
15  Maintain outstanding customer service to meet the diverse needs of the community.

Year One Objectives:
 Bring forward a plan to begin the design of Phase III of the Civic Center and/or the Civic Center park.
 Develop a timeline and list of Council-priority projects that may qualify as future “shovel-ready” opportunities, including parks, recharge basins, a police training facility, downtown connectivity, and the industrial park transfer station.  Improve internal processes including further automation of HR forms; assess purchasing procedures (RFP/RFB); adjust purchasing limits to current standards; and update p-card, travel, and signature routing policies.  Initiate a comprehensive compensation and classification study to be completed by January 1, 2027.
 Launch the Visalia Connect micro-transit service.
 Present Council with the proposed design of Station 51, and proceed with working drawings in order to break ground on the facility in 2026.  Initiate the comprehensive Park Master Plan with significant public ou treach included in the process.
 Develop a RFP for a facility maintenance planning system.  Assess Public Safety response times and other data and report to the City Council.
 Increase options for higher adoption/return to owner rates with animal services, increase the foster care program by 100%, increase licensing, revisit the feral cat program and work on additional spay and neutering program/options.  Increase the education about and enforcement of the abandoned vehicle program, shopping cart pick up, and sign enforcement.

Year Two Objectives:
 Implement an electronic document processing system.
 Develop a metric for additional staff i.e. per square foot of facility/mile/number of households/per acre, etc.
 Implement a Park and Recreation Impact Fee Study based on the Council outcomes from the Park and Recreation Master Plan.
 Conduct an assessment of City assets including buildings, parks, trails, roads and sidewalks and bring back proposed priorities as part of the 2026 -28 CIP budgets.
16  Set customer service standards and provide appropriate customer service training to match these standards.
 Complete Phase II of the Civic Center and prepare and implement a comprehensive activation plan for the facility.
 Present a plan for uses of the Police district offices.  Bring options to City Council for uses/disposal of the City Hall West site.  Assess park maintenance and landscape maintenance contracts and options.  Develop a plan for off-loading remanent land pieces.
 Complete the corporation yard master plan.

Year Three Plus Objectives:
 Development of the design for a police training facility as part of the Civic Center campus.
 Develop a plan for landscaping the appropriate medians that did not have landscaping included in construction.

Land Use
 Plan for responsible growth.
 Protect Visalia’s central core and preserve the City’s unique character.

Year One Objectives:
 Complete and present the industrial land inventory survey.  Complete and present the housing standards for Council consideration.  Bring to Council a proposal to bring in the land designated as reserve in the General Plan.
 Bring a future fire station site to Council for consideration, along with the metrics for assessing when future stations should be planned for and implemented.  Engage with cooperating agencies regarding land use including Tulare County, Goshen Community Services District, and the cities of Tulare and Farmersville.

Year Two Objectives:
 Begin the 2030 General Plan (GP) process including issuing an RFP for a consultant, development of the GP committee.
 Issue an RFP for a comprehensive airport master plan.  Consider options for Council consideration to promote infill On-going Objectives:
17  Seek site/options for southside regional park.

BUSINESS
Overall Goal:

Support a thriving local economy by streamlining processes, strengthening partnerships, and enhancing key business, education, and tourism assets.

Business Friendly
 Be responsive to current business needs.
 Anticipate future opportunities and challenges for business development.

Year One Objectives:
 Review traffic impact analysis requirements.
 Assess the infrastructure needed for the next wave of industrial projects to be included in the next capital improvement plan budget.
 Complete the massage ordinance update.
 Complete the retail cannabis ordinance.
 Present a proposal for the City to contract implementation of the Cross Valley Corridor project within the next five years, improving transportation along key corridors across two counties , including service additional service to the industrial park.

Year Two Objectives:
 Assess the site plan review process including the format for comments to applicants.

On-going Objectives:
 Continue to meet regularly with businesses in the industrial park, as well as the Chamber of Commerce, the Visali a Economic Development Corporation, the Downtown Visalians, the Downtown Property Owners Association, the Visalia Tourism Marketing District Board, the Visitors and Convention Center Board and other business-related entities and begin to hold annual meetings with the development community.

Training and Education
 Foster workforce development through partnerships and expanded opportunities.

Year One Objectives:
 Incorporate education and training for special trades as a “by right” use in the industrial park.
18  Bring options to the Council to enhance Tulare County Office of Education’s offerings on south Mooney.

Year Two Objectives:
 Expand opportunities for training programs and collaboration through the exploration of how to convert the TCOE Doe campus into a c omprehensive industrial park asset.

On-going Objectives:
 Continue to work closely with the College of the Sequoia’s training program and their University Campus, the Visalia Unified Pathways program , and the job training programs provided by local Community Based Organizations (C - set/Proteus).

Economic Drivers/Partnership and Collaboration
 Develop strong, strategic relationships across key sectors:
 Industry
 Mooney Boulevard
 Downtown
 Health
 Education
 Hospitality
 Collaborate effectively with stakeholders to drive economic vitality.

Year One Objectives:
 Conduct outreach with the Mooney Merchants to assess needs and interest in on-going meeting/outreach.
 Further assess east downtown parking options.
 Evaluate options for revitalizing areas of Mooney that could make this regional corridor more cohesive.
 Establish relationships with all forms of education in Visalia including private, charter and alternative forms of education offered in the community.

Year Two Objectives:
 Assess the future use o f the City Hall west campus that will best meeting the community’s needs.
 Conduct a downtown connection study to develop a plan for connecting the Civic Center campus/east downtown properties with the existing downtown in a comprehensive and inviting manner.
 Begin a comprehensive plan study for the Convention Center campus including convention center remodel, future convention center expansion, at least one additional hotel in the downtown area and parking.
19  Identify needs/wants in the community for additional retail, medical, educational and business options and focus efforts to attract those assets.

On-going Objectives:
 Assist and advise with an industrial park district if desired.  Assist with identifying sites and funding for educator housing if desired.  Continue to have regular Council and/or Senior Staff meetings and participate with VUSD, COS, the County of Tulare, Kaweah Delta, Visalia Economic Development Corporation, Tulare County Economic Development Corporation, Family Health Care Network, C -set, Proteus, Tulare County Association of Governments, Cal Trans and other entities.
 Work with Visit Visalia on identifying and implementing attractive amenities that could enhance the experience for tourists and conventio neers, including options for a signature festival.

QUALITY OF LIFE
Overall Goal:

Enhance quality of life through inclusive recreation, cultural opportunities, and coordinated efforts to support community well -being and implement effective practices regarding homelessness.

Council Key Points:

Recreation, Activities, Events & Cultural Opportunities • Focus on providing diverse recreational programming and community events • Emphasize free or low-cost, family-friendly activities that encourage engagement citywide.

Year One Objectives:
 Complete the citizen input phase and initial design of the next three neighborhood parks and develop a timeline for funding and construction.  Ascertain the Council’s interest in proceeding with a pool facility including the type of facility so staff can develop a plan and identify possible locations in the second year.
 Complete the refurbishing of the four community centers as outlined in the current CIP and assess additional improvements needed for the FY 26-28 CIP budget.
 Bring forth options for the Council to engage in specific charitable non-profit opportunities that could enhance tourism, economic development and historic preservation in the community.
 Focus on diversifying th e recreation and special event offerings provided throughout the City organization with an emphasis on family friendly and 20 free/low cost events, and on organizing the events to ensure activities available throughout the year. Bring a report within 3 months on events in the last 12 months, future events being held in 2025 and those being planned for 2026.  Explore options for multi-use of facilities and collaborate with various agencies to make space available including green space at VUSD, more access at local County parks, night and weekend parking and other government or public/private ventures.

Year Two Objectives:
 Further focus on diversifying and increas ing recreation and special event offerings in 2026 and planning for 2027.
 Implement a community-wide calendar program that will make it easier for all types of community events to be listed and promoted to the community.  Develop a newcomer program to acclimate people who are new to the community.

Homelessness
 Work toward reducing homelessness and its impact on the community.  Support safe, dignified, and long-term solutions
Year One Objectives:
 Provide at least six case studies to the City Council on programs that other cities/entities are using to address people without housing.  Provide updates on the programs/housing to either prevent homelessness or address homelessness within the City including The Lofts, Sequoia Lodge, the Navigation Center, Eden House, the Majestic, Family Services, Self Help Enterprises and others.
 Assess options for obtaining and funding an overnight drop-in shelter including the costs and goals of such a center.

Year Two Objectives:
 Assess options for further direct mental health and/or case manag ement workers to work closely with law enforcement, code enforcement and other city employees that come in contact with people experiencing homelessness and having negative impacts on the community.

GOVERNANCE
Overall Goal:

Foster an organization that has the tools, skills and passion to provide a government that is responsive, principled, and aligned with the community’s needs and values. 21 Council Key Points:

Staff Education
• Provide personal and professional growth opportunities throughout the organization.

Year One Objectives:
 Encourage every employee to take at least one class/training every year for their personal or professional development.
 Provide better employee outreach regarding training opportunities through current consortium opportunities and local training.
 Initiate leadership and/or supervisor training program with the other program implemented in Year Two.
 Diversify safety training for all employees by:
o The monthly safety training provided in at least 3 different mediums throughout the year.
o Develop at least 3 trainings that are designed based on risk assessments, data, trends or needs in specific divisions or job categories.  Implement an in ternal recruitment program that encourages and provides current employees the opportunity to shadow another position in the City for a day, meet with a senior staff member about the position (s) and be provided with the requirements and available resources to be eligible for that job(s).  Provide at least 3 opportunities for employees to obtain information on a specific subject matter.
 Ensure every new employee attends the in-person new employee orientation Year Two Objectives:
 Revise Education Reimbursement program to better fit today’s adult education opportunities.
 Implement a career development program that provides employees with pathways for staff development beyond their current role within the organization.
 Revitalize the mock interview program.

Communication, Information & Feedback
• Strengthen engagement with citizens using inclusive outreach and multiple communication platforms.

Year One Objectives:
 Select a new website system and begin the transition of the website to be completed by April 2026. This process will include community-outreach. 22  Select a new digital customer service module that will provide an eas ier way for citizens to report and track service requests and/or concerns.  Complete and report -out on the City’s first comprehensive third -party City survey. Use the data from this statistically valid survey to assist with budget priorities and projects.
 Provide at least ten additional community outreach endeavors throughout the year.
 Develop a plan for more consistent and intentional communication with people who may communicate more effectively in other languages , with an initial emphasis on Spanish.

Year Two Objectives:
 Assess whether a Citywide app may be an effective tool for citizen communication.
 Develop a survey system to assess satisf action with the customer service provided to our citizens and customers as well as a system to assess, track and develop training and policies to affect better customer satisfaction.

Transparency
• Offer open access to information.
• Create opportunities for community input and oversight.

Year One Objectives:
 Provide employee training on how to effectively and efficiently provide responses to public records requests.
 Provide additional training on public writing in order to provide clear and concise staff reports, letters, forms and other documents to the public.  Provide a link on the City website where people can make requests for additional information they are seeking/would like to have available.  Use the new City website input process to solicit input o n information and documents citizens want access to and in what formats.

Year Two Objectives:
 Conduct an assessment of at least 20 of the City’s forms, policies and processes for better clarity.
 Assess what additional public records can and should be provided on the new City website.

Agency & Organizational Collaboration
23  Coordinate with community partners.
• Align goals, share resources, and collaborate effectively for greater impact.

ON DECK
Goal: Plan for emerging priorities to support continuous improvement and future service needs.
 Ambulance and paramedicine.
 Assessment of the best on-going use of the current training facility for police. 24 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0088 Agenda Date: 4/21/2025 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 4/16/2025Page 1 of 1
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25 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0096 Agenda Date: 4/21/2025 Agenda #: 2.

Agenda Item Wording:

Award Contract, Transfer Funds & Appropriation Funds for Tulare Ave. Project: Authorize the City Manager to award the construction contract with Yarbs Grading & Paving for Tulare Avenue Major Road Rehabilitation from Demaree to Cotta in the amount of $5,202,396.00; authorize the transfer of $400,000 within the RMRA (SB1) Fund between projects; and authorize the additional appropriation of $3,065,000 from the RMRA (SB1) Fund.

Deadline for Action: 4/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected] 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award the construction contract with Yarbs Paving and Grading for RFB 23-24-18, Tulare Avenue Major Road Rehabilitation from Demaree to Roeben in the amount of $5,202,396; and

2. Authorize the transfer of $400,000 within the Road Maintenance and Rehabilitation Account (RMRA) (SB1) Fund from the Whitendale Ave Road Rehabilitation project to the Tulare Ave Major Road Rehabilitation project; and

3. Authorize the additional appropriation of $3,065,000 from the Road Maintenance and Rehabilitation Account (RMRA) (SB1) Fund.

Background Discussion:

The City of Visalia is currently maintaining a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, staff incorporated a Pavement Management Program (PMP) 11 years ago, following the lead of other similarly sized California municipalities.

Tulare Avenue, as identified in the Pavement Management Plan, was selected for resurfacing. This project includes a pavement rehabilitation of approximately 2.9 miles of roadway on Tulare Avenue from Demaree to Cotta Street. The rehabilitation work includes removing isolated areas of pavement Visalia City Council Printed on 4/18/2025Page 1 of 5
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26 File #: 25-0096 Agenda Date: 4/21/2025 Agenda #: 2.
from Demaree to Cotta Street. The rehabilitation work includes removing isolated areas of pavement failures, also known as digouts, grinding the existing pavement section and overlay with hot mix asphalt. In addition to these improvements the project will also upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements and Public Rights-of-Way Access Guidelines (PROWAG). The project will incorporate some traffic signal improvements at intersections throughout the corridor. With these improvements the City of Visalia is implementing multimodal transportation enhancements such as Class IV Bike lanes through the use of modular curbing and on-street parking protection with the additive alternate bid.

Example of installed Modular Curb
This project was originally intended to be combined with Tulare Avenue Major Road Rehab from Roeben to Demaree. However due to different funding source constraints we were unable to keep this combined in order to hit grant deadlines. It is expected that the project could proceed later this year.

Bidding Process:

Staff advertised RFB 23-24-18 for the Tulare Avenue Major Street Rehabilitation (Demaree - Cotta) on February 27, 2025, with a bid close date on April 8th, 2025. The project was split with the Base Bid encompassing the plan delineated improvements and an Additive Alternate relating to modular curb for bicycle lanes. Based on the project specifications, the lowest responsive bidder was based on the total bid amount of the Base Bid plus the Additive Alternate bid. At the time of bid opening staff received six (6) bids, below are the three (3) lowest responsive bidders.

Base Bid +
Additive
Alternate
1 Yarbs Grading & PavingFowler, CA $5,202,396.00
2 Avison Construction Madera, CA $5,358,836.00
3 Granite Construction Fresno, CA $5,731,378.00
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City staff proceeded to review all six (6) bids submitted and the Yarbs Grading & Paving bid proposal was determined to be the lowest responsive bid. The references provided by Yarbs Grading & Paving have been verified. The references provided were from the City of Visalia, County of Fresno, and City of Farmersville all of whom were called by city staff with favorable responses from all references.

Additionally, Yarbs Grading and Paving has performed many past projects successfully for the City of Visalia. As a result, staff recommends that the construction contract be awarded to Yarbs Grading & Paving for the Base Bid + Additive Alternate amount of $5,202,396.

Budget Shortfall:

The Major Road Rehabilitation on Tulare Avenue from Demaree to Cotta Street has a budget shortfall of around $3.46M. The original Project, which was started in 2020, had estimates in line with the project scope being an overlay, ADA ramp upgrades, and traffic signal improvements. A couple of factors contributing to this shortfall are change in scope and an increase in construction costs. The project was changed to a grind and overlay with areas of dig outs. This change was made to help fix the existing cross slopes, rutting, surface cracks, and reset the clock on any future maintenance endeavors. Lastly, construction costs have seen a significant rise since the year 2020 when this project was originally estimated. From January of 2021 to January of 2025, staff has seen a 40% increase on labor and expenses.

Fiscal Impact:

The Major Road Rehabilitation on Tulare Avenue from Demaree to Cotta Street is funded using the Surface Transportation Block Grant Program (STBGP) and the Highway Infrastructure Program (HIP) through the Federal Highway Administration (FHWA) and the Road Maintenance and Rehabilitation Account (RMRA) (SB1).

Tulare Ave from Demaree to Cotta (CP0602)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) & Highway Infrastructure Program (HIP)
$ 2,989,000
Road Maintenance and Rehabilitation Act (RMRA) (SB1)$ 400,000 Total Project Funding $ 3,389,000
Estimated Project Costs
Project Management $ 120,000
Construction $ 5,202,396
Construction Contingency (~15.0%) $ 780,500
Construction Management $ 420,000
Construction Services (Materials Testing, Inspection, etc.)$ 330,000 Total Estimated Project Costs $ 6,852,896
Surplus (Deficit) ($3,463,896)
Round to $ 3,465,000
Transfer RMRA (SB1) funds (Fund 113) from the Whitendale Road Rehab project (CP0760)
$ 400,000
RMRA (SB1) Appropriation (Fund 113) $ 3,065,000
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Tulare Ave from Demaree to Cotta (CP0602)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) & Highway Infrastructure Program (HIP)
$ 2,989,000
Road Maintenance and Rehabilitation Act (RMRA) (SB1)$ 400,000 Total Project Funding $ 3,389,000
Estimated Project Costs
Project Management $ 120,000
Construction $ 5,202,396
Construction Contingency (~15.0%) $ 780,500
Construction Management $ 420,000
Construction Services (Materials Testing, Inspection, etc.)$ 330,000 Total Estimated Project Costs $ 6,852,896
Surplus (Deficit) ($3,463,896)
Round to $ 3,465,000
Transfer RMRA (SB1) funds (Fund 113) from the Whitendale Road Rehab project (CP0760)
$ 400,000
RMRA (SB1) Appropriation (Fund 113) $ 3,065,000
Tulare Avenue from Demaree to Cotta, as identified in our Pavement Management Plan, has needed roadway maintenance and repair for quite some time. Staff has recommended to increase the construction contingency to 15 percent to account for unusual areas of pavement rehabilitation and curb repair not accounted for on the bid plans and specifications.

Due to the above-identified budget deficit, staff recommends the transfer of $400,000 within the RMRA (SB1) Fund 113 between projects and the additional appropriation of $3,065,000 from the RMRA (SB1) Fund 113.

Transfer of Funds:

The transfer of funds of $400,000 within the RMRA (SB1) Fund from the Whitendale Ave Road Rehabilitation from Mooney Blvd to Court St project to the Tulare Ave Major Road Rehabilitation from Demaree St to Cotta St project is being recommended as the Whitendale Ave project is in the early stages of the preliminary engineering phase. RMRA (SB1) funding in the amount $3.7 million were approved by City Council on June 17, 2024. Upon the approval of the transfer of the RMRA (SB1) funds between these projects, $3.3 million will remain budgeted towards the Whitendale Ave project.

Appropriation of Funds:

RMRA (SB1) funds in the amount of $400,000 from funding fiscal year 2023-24 were approved by Council on June 5, 2023. Staff recommends the additional appropriation of $3,065,000 be advanced from the RMRA (SB1) fiscal year 2025-26 allocation to fully fund construction. RMRA (SB1) funds are allocated to the city on an annual basis. There are sufficient funds available in the RMRA (SB1) Fund to advance funds to the Tulare Ave Road Rehabilitation project. Estimates published by the state of California as of January 2025 show the City of Visalia is projected to receive $3.7 million from the RMRA (SB1) fiscal year 2025-26 allocation. The state of California will publish updated RMRA (SB1) revenue estimates in May 2025. Staff will return to Council at a future date to request approval to designate the remaining RMRA 2025-26 allocation to a specific project(s).

Prior Council Action:

June 5, 2023
Adopted Resolution No. 2023-20 to designate SB1 RMRA 2023-24 funding to 1) Tulare Ave Road Rehab from Demaree to Cotta; 2) Plaza Drive Intersection Improvements; and 3) Center and Acequia Street Rehabilitation.

July 18, 2022
Accepted and approved the appropriation of Surface Transportation Block Grant Program (STBGP) funds and Highway Infrastructure Program (HIP) funds totaling $2,989,000 to the Major Street Rehabilitation - Tulare Ave from Demaree St to Cotta St Project.

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June 7, 2021
Council received 2nd staff presentation on parking protected bike lane concept along Tulare Ave with multi modal Intersection enhancements. Pubic feedback was received and presented to Council.

April 5, 2021
Council received staff presentation on parking protected bike lane concept along Tulare Ave with multi modal Intersection enhancements.

Recommended Motion (and Alternative Motions if expected):

I move to Authorize the City Manager to enter into a contract with Yarbs Grading and Paving for RFB 23-24-18, Tulare Avenue Major Road Rehabilitation from Demaree to Cotta, in the amount of $5,202,396.00; authorize the transfer of $400,000 within the RMRA (SB1) Fund from the Whitendale Ave Road Rehabilitation from Mooney to Court project to the Tulare Ave Road Rehabilitation from Demaree to Cotta project; and authorize the appropriation of $3,065,000 in Road Maintenance and Rehabilitation Account (SB1) funds.

Environmental Assessment Status:

Environmental assessment has been cleared by Caltrans.

Attachments:

1. Yarbs Grading and Paving Ownership Disclosure Form

2. Project Location Map

3. Yarbs Grading and Paving Draft Contract
Visalia City Council Printed on 4/18/2025Page 5 of 5
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30 31
W
Noble Ave
W
M
yrtle Ave
S Giddings St
W
Kawe
ah Ave
S Mooney Blvd
S Divisadero St
W
Vassar Ave
W
Paradise Ave
W
Howard Ave
S Locust St
W
Laurel Ave
S Conyer St
S Sowell St
S Central St
S Watson St
S Encina St
S Court St
W
Beverly Dr
S Martin St
W
Feem
ster Ave
W
Iris Ave
W
M
eadow Ave
S Oak Park St
Alley
W
College Ave
S Grant St
S Dollner St
W
Cam
bridge Ave
S West St
S Jacob St
S Bardo St
S Fairway St
S Willis St
W
W
estcott Ave
W
Princeton Ave
S Bonnie St
W
Olive Ave
S Johnson St
W
Harvard Ave
W
Princeton Ct
S Edwards Ct
W
Howard Ct
W
Tam
m
y Ave
W
Feem
ster Ct
S Sowell Ct
S Fairway Ct
S Oak Park CtW
Fe
em
ster Ct
W
Cam
bridge Ave
W
Princeton Ave
S Central St
S Johnson St
W
Paradise Ave
S Conyer St
W
Iris Ave
S Oak Park St
W
Paradise Ave
W
Harvard Ave
S Watson St
W
Howard Ave
W
Fe
em
ster Ave
W
Iris Ave
W Kaweah Ave
Alley
S Watson St
S Encina St
S Dollner St
S Court St
W Myrtle Ave W
Laurel Ave
W
Princeton Ave
W
Princeton Ct
EVANS
TULARE AVE FROM EAST OF MOONEY TO WEST OF COURT ±
1 inch = 700 feet
32 E Tulare Ave
S Burke St
S Bridge St
S Locust St
S Edison St
S Encina St
S Garden St
S Court St
E Laurel Ave
E Cypress Ave
E Myrtle Ave
S Santa Fe St
S Cotta St
S Ben Maddox Way
E Paradise Ave
W Tulare Ave
W Myrtle Ave W
Laurel Ave
W
Howard Ave
S Clark St
S Huntington St
W
Paradise Ave S Bardo St
W
Feem
ster Ave
S Liberty St
S Church St
S Thomas St
S Michael Ct
S Tipton Ct
E Cambridge Ave
E Sequoia Ave
S Bradley St
S Pinnacle Ct
E Feem
ster Ave
W
Cypress Ave
S Tipton St
E Howard Ct
E Rose Ct
E Rose Ave
S Clark Ct
E P
rinceton C
t
E Castleview Dr
S Thomas Ct
E Iris Ave
W
Tam
m
y Ave
E Princeton Ave
E Rose Ave
E Cypress Ave
S Bradley St
E M
yrtle Ave
E M
yrtle Ave
S Church St
S Burke St
S Encina St
S Clark St
S Liberty St
S Court St
E Laurel Ave
S Santa Fe St
E Paradise Av
e
S Burke St
S Garden St
EVANS
TULARE AVE FROM EAST OF COURT TO WEST OF COTTA ±
1 inch = 600 feet
33 S Demaree St
S Woodland St
S Mooney Blvd
W
Cam
pus Ave
W
Royal Oaks Dr
W
Howard Ave
S Mountain St
S Redwood St
W
Iris Ave
W
Ha
rvard Ave
S County Center Dr
Alley
W
Cam
bridge Ave
S Crowe St
W
Princeton Ave
W
Laurel Ave
S Whitney St
W Dartmouth Ave
W
Fairview Ave
W
Sue Ave
S Linda Vista St
S Verde Vista St
S University St
S Valley St
W
Cypress Ave
S Shady St
S Leila St
W
Cornell Ave
W
Paradise Ave
W
College Ave
S Terri St
S Duke St
S Silvervale St W
M
c Corm
ick Dr
W
Feem
ster Ave
W
College Ct
S Chatham St
W
M
eadow Ct
S Clover St
S Royal Oaks Dr
W
M
eadow Ave
S Wellsley St
S Wellsley Ct
W
Blackm
on Ct
W
Laurel Ct
W
Howard Ave
S Clover St
S Wellsley St
W
Sue Ave
S County Center Dr
W
Iris Ave
W
Cam
bridge Ave
W
Harvard Ave
W
Laurel Ave
W
Laurel Ave
W
Iris Ave
EVANS
TULARE AVE FROM EAST OF DEMAREE TO WEST OF MOONEY ±
1 inch = 600 feet
34 CONTRACT

CITY OF VISALIA

STATE OF CALIFORNIA

This Contract for the construction of the TULARE AVENUE MAJOR STREET REHABILITATION DEMAREE TO COTTA Project, is made between the City of Visalia, (hereinafter “the City”), and Yarbs Grading and Paving, Inc, (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Engineering Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner, the TULARE AVENUE MAJOR STREET REHABILITATION DEMAREE TO COTTA Project, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof. Contractor should be aware that this Contract involves federal highway funds and that Section 86 of the Job Specific Provisions, included with the Contract Documents, describes federal funding requirements. Applicable federal funding requirements include but are not limited to the provisions stated in FHWA Form-1273 – Required Contract Provisions Federal-Aid Construction Contracts and a copy of FHWA Form-1273 is included in Appendix B of the Contract Documents.

Said work to be done is shown upon the following plans:

RFB No.: 23-24-18
Project Name: TULARE AVENUE MAJOR STREET REHABILITATION DEMAREE TO COTTA
Federal Project No.: STPL-5044(134)
Project No.: 3010-72000/CP0602-999

Which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
35 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 2
RFB-23-24-18

36 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 3
RFB-23-24-18

37 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 4
RFB-23-24-18

38 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 5
RFB-23-24-18

39 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 6
RFB-23-24-18
ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed 40 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 7
RFB-23-24-18
and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a combined single limit of not less than $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.

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:

a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;

b. Indicate whether coverage provided is on a claims made or occurrence basis; and

c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291.

Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. 41 TULARE AVENUE MAJOR STREET
REHABILITATION DEMAREE TO COTTA April 10, 2025 8
RFB-23-24-18
ARTICLE IV – GENERAL CONTRACT PROVISIONS
Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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 id 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
CONTRACTOR: Yarbs Grading and Paving,
Inc
Mailing Address: 11339 S. Peach Avenue
Fresno, CA 93725
Attention: Troy Yarbrough

Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Contract, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

Jurisdiction/Venue/Waiver of Removal: This Contract shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Contract shall be in California. Any action brought to interpret or enforce this Contract, 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.

Integration/Modifications: This Contract 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 Contract may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

Conflict with Law: If any part of this Contract 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 Contract shall be in full force and effect.

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Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Contract, 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.

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.

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.

ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

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IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.

CITY OF VISALIA

____________________________ _______
City Manager Date

CONTRACTOR

______________________________________
By: Authorized Agent Date

______________________________________
Print Name, Title

APPROVED AS TO FORM:

____________________________ _______
City Attorney Date

____________________________ _______
Risk Manager Date

____________________________ _______
Project Manager Date

44 Appendix A – Construction Bond Forms

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CITY OF VISALIA

PAYMENT BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
____________________________________________________________________________________________, referred to hereafter as “Contract.”

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, to secure the payment of claims of laborers, mechanics, materialmen and other persons as provided by law.

NOW, THEREFORE, we the undersigned Principal and _____________________________________________, referred to as “Surety” are bound unto the City of Visalia in the sum of $___________________________________ ________________________________________________ dollars ($ ___________________________), for which payment, we bind ourselves, jointly and severally.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal or its subcontractors shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the California Unemployment Insurance Code with respect to work or labor performed by such claimant, or any amounts required to be deducted, withheld, and paid pursuant to the California Revenue and Taxation Code for the wages of employees of the Principal and his subcontractors, with respect to such work and labor, that the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, the surety will pay a reasonable attorney’s fee to be fixed by the court.

This bond shall inure to the benefit of any of the persons, companies, or corporations, named in Civil Code Section 9100 as to give a right of action to such persons, entities, or their assigns in any suit brought upon this bond.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications.

Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date

_________________________________ _________________________________ Signature for Principal Signature for Surety

_________________________________ _________________________________ Printed Name and Title Printed Name and Title

Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
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CERTIFICATE OF ACKNOWLEDGEMENT

State of California
County of ________________________________________ SS

On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct

(SEAL) Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 46 Appendix A – Construction Bond Forms

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CITY OF VISALIA

PERFORMANCE BOND
(To Accompany Contract)
Bond No. ____________________
WHEREAS, the City of Visalia, has awarded to Contractor _____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”

AND WHEREAS, said Principal is required to furnish a bond in connection with the above Contract, guaranteeing the faithful performance thereof:

NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $ ___________________________ _________________________________________________ dollars ($ ______________________________), to be paid to said City or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bound Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions, and agreements in the Contract and any alteration thereof, made as therein provided, on it or their part to be kept and performed within the time and in the manner therein specified, and in all respects according to their intent and meaning, and shall indemnify and save harmless the City of Visalia, its officers and agents, as therein stipulated, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and virtue.

The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date

_________________________________ _________________________________ Signature for Principal Signature for Surety

_________________________________ _________________________________ Printed Name and Title Printed Name and Title

Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.
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CERTIFICATE OF ACKNOWLEDGEMENT

State of California
County of ________________________________________ SS

On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

(SEAL) Notary Public
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 48 Appendix A – Construction Bond Forms

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CITY OF VISALIA

MAINTENANCE BOND
(To Accompany Contract)
Bond No. ____________________

WHEREAS, The City of Visalia, has awarded to Contractor ____________________________________________ _________________________, hereafter designated as the “Principal”, a contract for the work described as follows:
_____________________________________________________________________________________________, referred to hereafter as “Contract.”

AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, guaranteeing the correction of deficiencies during the specified maintenance period of one (1) year from the date the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded:

NOW, THEREFORE, we the undersigned Principal and ______________________________________________, referred to as “Surety” are held firmly bound to the City of Visalia in the sum of $___________________________ __________________________________________________ dollars ($ _____________________________), to be paid to City of Visalia or its certain attorney, its successors and assigns: for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, the named Principal has made specific guarantees to the City concerning the work, labor and materials furnished for the construction of said improvements as stated above. If Principal complies with these guarantees for a period of one (1) year from the date of the notice of completion for work performed under said contract has been recorded or the date the work was completed if no notice of completion is recorded, then this obligation shall be null and void. If City notifies Surety that Principal has not met its guarantee, then Surety shall indemnify City for losses incurred up to the amount listed above. The City shall give written notice to the Principal during the one (1) year period specified in this obligation of any defect of the guaranteed work that becomes apparent. This obligation shall remain in full force and effect until any defect identified in said written notice are repaired by the Principal and accepted in writing by the City.

The said Surety, for value received, hereby stipulates and agrees that no change, alteration, or addition to the terms of the Contract or to the work to be performed under the Contract, or the specifications accompanying the Contract shall in any way affect its obligations on this bond, and Surety does hereby waive notice of any such change, alteration, or addition to the terms of the Contract, or to the specified work, or the specifications. Surety hereby waives the provisions of Civil Code Sections 2819 and 2845.

IN WITNESS WHEREOF, We have hereunto executed this instrument on the date indicated below. Persons signing for a corporation or entity hereby represent that they are doing so pursuant to a grant of authority by the governing body.

_________________________________ _______ _________________________________ _______ Name of Principal Date Name of Surety Date

_________________________________ _________________________________ Signature for Principal Signature for Surety

_________________________________ _________________________________ Printed Name and Title Printed Name and Title

49 Appendix A – Construction Bond Forms

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Correspondence or claims relating to this bond
should be sent to the surety at the following
address:
___________________________
___________________________
___________________________
___________________________

NOTE: Signatures of those executing for the Surety must be properly acknowledged and Surety’s Power of Attorney must be attached.

CERTIFICATE OF ACKNOWLEDGEMENT

State of California
County of ________________________________________ SS

On ____________ ___________________ before me _________________________________________________, personally appeared ____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to the be the person(s) whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

(SEAL) Notary Public

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 50 Appendix B – FHWA Form-1273 – Required Contract Provisions Federal-Aid Construction Contracts

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64 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0097 Agenda Date: 4/21/2025 Agenda #: 3.

Agenda Item Wording:

Authorization to Award On-Call Civil Engineering Services Contract - Award and authorize the City Manager to execute a one-year contract, with the option of up to four one-year extensions, with six (6) Civil Engineering Consultants to Peters Engineering Group, 4 Creeks, Inc., Provost & Pritchard Consulting Group, TRC Engineers, Inc., Lane Engineers, Inc., and CWE; and place these firms on an on-call list to provide civil engineering and related services in support of the City’sCapital Improvement Projects. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council.

Deadline for Action: 4/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

UnChong Parry, Senior Project Manager, [email protected], 713-4491 Christopher Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Eng. & Bldg. Director, [email protected], 713-4495 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute a one-year contract with six (6) On-call Civil Engineering consulting firms consisting of Peters Engineering Group, 4 Creeks, Inc., Provost & Pritchard Consulting Group, TRC Engineers, Inc., Lane Engineers, Inc., and CWE; and place these firms on an on-call list to provide civil engineering and related services in support of the City’sCapital Improvement Projects. Each contract will be eligible for annual renewal up to four (4) additional consecutive years. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council.

Background Discussion:

The On-Call Civil Engineering Request for Qualifications (RFQ) 24-25-29 was released on January 10, 2025, and the proposals were due on February 25, 2025. The city received seventeen (17) proposals in response to the RFQ. The selected qualified firms will be able to provide engineering and related services for the city’slocal, state & federally funded Capital Improvement Projects (CIP).

The Engineering & Building Department regularly requires civil engineering services for various city projects throughout the year. These projects can include but are not limited to the following: safe route to school projects, active transportation projects, street improvements, street maintenance, sanitary sewer and storm drain infrastructure, bridge culverts, other underground utility infrastructure, traffic signal and street light infrastructure, parking lot repairs, parks, various pedestrian/bicyclist trails, and other similarly related work throughout the city.

The City received proposals from the following seventeen (17) consultants:

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1. 4 Creeks, Inc. - Visalia, CA

2. Peters Engineering Group - Clovis, CA

3. Provost & Pritchard Consulting Group - Visalia, CA

4. TRC Engineers, Inc. - Fresno, CA

5. Kimley-Horn and Associates, Inc. - San Mateo, CA

6. Lane Engineers, Inc. - Tulare, CA

7. Quad Knopf, Inc.- Visalia, CA

8. CWE - Fullerton, CA

9. MKN & Associates, Inc. - Fresno,

10.Interwest Consulting Group, Inc. - Fresno, CA

11.Precision Engineering - Visalia, CA

12.Westwood Professional Services, Inc. - Fresno/Madera, CA

13.Dokken Engineering, Inc. - Folsom, CA

14.A & M Consulting Engineers - Visalia, CA

15.Bedrock Engineering - Madera, CA

16.IMEG Consulting Corp. - Ontario, CA

17.Authority Engineering and Surveying, Inc. - Bakersfield, CA According to the RFQ, the City is selecting the top six (6) consultants based on their total scores from the selection criteria outlined in the RFQ. Given the anticipated yearly workload, it is neither advantageous for the City nor the consultants to select more than six (6) consultants for this contract.

Additionally, selecting more than six (6) consultants would mean that each consultant receives minimal work. Limiting the number of selected consultants will also help them establish more effective working relationships with the engineering staff and will provide consistency in projects. Staff anticipates that this will result in higher quality bidding documents that will reduce costs, change orders, and keep projects on schedule.

The proposal review committee evaluated and scored the proposals based on the selection criteria outlined in the RFQ. Eight (8) top consultants were chosen to participate in the interview process.

Each consultant was given 45 minutes for an in-person presentation and to answer 11 questions.

The following consultants were the top six (6), ranked by their highest scores, and have been recommended by the staff to be awarded this contract:

1. Peters Engineering Group

2. 4 Creeks, Inc.

3. Provost & Pritchard Consulting Group

4. TRC Engineers, Inc.

5. Lane Engineers, Inc.

6. CWE
The six (6) consultants mentioned above met all the requirements specified in the RFQ. Locally funded and some state funded projects will be distributed to consultants on a rotational basis through this on-call list where this is acceptable to the funding agency. On all federal and/or some state- funded projects, these On-Call Consultants will be requested to submit a Mini RFP (Request for Proposal) to identify the most qualified firm for the project, to refine the scope of services, and meet the funding guidelines. The Mini RFPs will be evaluated based on the consultants’ proposed approach to the scope of work and their qualifications.

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Fiscal Impact:

Consultant services will be charged to the applicable CIP for each project. Given the large number of projects anticipated for the next five years, the total amount payable by the City for each contract will be eligible for annual renewal for up to four (4) additional consecutive years. The yearly contract for each consultant shall not exceed $500,000 without further authorization from the City Council.

Consultant proposals for larger CIP projects will utilize these on-call contracts but will come back to the City Council for approval of the purchase order dollar amount for the design services. These additional Council approvals will increase the authorized yearly contract amounts accordingly.

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

I move to authorize the City Manager to Award and execute one-year contracts with six (6) Civil Engineering Consultants consisting of Peters Engineering Group, 4 Creeks, Inc., Provost & Pritchard Consulting Group, TRC Engineers, Inc., Lane Engineers, Inc., and CWE; and place these firms on an on-call list to provide civil engineering and related services in support of the City’s Capital Improvement Projects. Each contract will be eligible for annual renewal up to four (4) additional consecutive years. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council.

CEQA Review: NA
NEPA Review: NA
Attachments:
- Draft Contract
- Fee Schedules
- Ownership Disclosure
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67

PROFESSIONAL SERVICES AGREEMENT

Annual On-call Civil Engineering Services
Various Capital Improvement Projects

This Agreement, entered into this ________ day of ________________, 20____, by and between the City of Visalia, hereinafter referred to as the “CITY”, and _______________ 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 RFQ No. 24-25-29 which along with the response submitted by CONSULTANT is attached as Exhibit “A” and Exhibit “C” , 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” and Exhibit “C” - Scope of Work, which shall be the Scope of Work for the project as described in RFQ No. 24-25-29, unless the parties agree in writing to mod ify the Scope of Work as stated in the RF Q, for the cost identified in Exhibit “B” , Project Schedule of Fees.

Consultants will be required to provide a Scope of Work, Fee Proposal utilizing the hourly rate schedule from this contract, and a Project Schedule for each Capital Improvement Project (CIP) they are assigned. The City will issue a separate purchase order for each CIP and all of these documents will be added to the Scope of Work under this contract .

B. Additional Services : Incidental work related to the PROJECT and not provided for in Exhibit “A” and Exhibit “C” or the approved CIP purchase order documents 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 s hall 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 “A” and Exhibit “C”, unless otherwise extended in writing by CITY, in its sole discretion. 68

For CIP projects the Consultant shall be required to complete work according to the approved CIP Project Schedules for each project.

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 percentage 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 event of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.

III. COMPENSATION

A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, on a Fixed Fee or Time & Materials Not- To-Exceed-Fee based on the rates identified in Exhibit “B”, the negotiated compensations developed for each CIP, prior to the start of the assigned work. Said agreed to negotiated compensation shall be amended to this Contract for the individual CIP. 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 “C” and the project specific CIP purchase order documents . CONSULTANT agrees these amounts, as authorized, wil l 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”, “B”, and “C”, and the project specific CIP purchase order documents respectively. Each contract will be eligible for annual renewal up to four (4) additional consecutive years. 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 the percentage of work of each noted phase 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 City Engineer 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: __ _______________ 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 69

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 10 days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.

C. Post-Termination:

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

2. Except with respect to 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 de livery 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, photograph s, 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 provision s 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 CON SULTANT 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 70

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 e ffects 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 t he 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.

VII DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMEN TS, PUBLIC WORKS

CONTRACTOR REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS

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

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

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

If a project labor agreement (the term “ project labor agreement” is defined in Public Contract Code 2500(b)(1) as a pre -hire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Sectio n 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.

VIII CITY OF VISALIA LABOR COMPLIANCE MANUAL

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

IX NO PERSONNEL, AGENCY OR COMMISSION

The CONSUL TANT 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 estab lished 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 71

discretion, to deduct fro m this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

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

B. In no event shall the 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.

XI. INDEPENDENT CONTRACTOR

In the performance of the services 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.

XII. SPECIFICATIONS

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

XIII. DOCUMENTS/DATA

A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional 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 the 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 organization by the CONSULTANT without th e 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. 72

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.”

XIV. 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 subconsultant s 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 “Co nstruction 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 the 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 coverage for Premises and Operations, Contractual Liabi lity, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable). 73

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 insu rance 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 a reduction is in the CITY’S best interest.

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

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

“It is agreed that any insurance maintained by the City of 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 existenc e 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 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 o r 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

3. Terminate this Agreement.

74

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.

XV. 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 2 1 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

XVI. MISCELLANEOUS PROVISIONS

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

75

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 c onditions 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 pur poses only and do not in any manner affect the scope or intent of the provisions thereunder.

N. 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 a ctions 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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Address

Attention:

Phone:

Email:

76

individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor with 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.

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

CITY OF VISALIA CONSULTANT

___________________________ ___________________________ City Manager

Approved as to Form

__________________________________
City Attorney

_________________________________
Risk Manager

_________________________________
City Engineer

Attachments:

Exhibit “A”: Scope of Work as presented in RFQ No. 24-25-29 Exhibit “B”: Project Schedule of Fees as submitted by Consultant Exhibit “C”: Scope of Work as submitted by Consultant
Exhibit “D”: Addendums 1 to 5 Acknowledgment as submitted by Consultant Exhibit “E”: City of Visalia Forms as submitted by Consultant Exhibit “F”: Certificate of Insurance as submitted by Consultant Exhibit “G”: Federal & State Requirements Acknowledgment as submitted by Consultant Exhibit “H”: Caltrans Attachments as submitted by Consultant Exhibit “I”: Visalia Labor Compliance Manual (as applicable)

77 EXHIBIT “B”

HOURLY RATE SCHEDULE
(Effective for 1 year from the contract execution date)

CLASSIFICATION RATE
Principal Civil Engineer $240/hr
Senior Civil Engineer $220/hr
Civil Engineer $195/hr
Land Surveyor $185/hr
Staff Engineer $170/hr
Draftsperson/Technician/Inspector $150/hr
Clerical $100/hr
Litigation Support $500/hr

REIMBURSABLES SCHEDULE
(Effective for 1 year from the contract execution date)

DESCRIPTION RATE
Mileage $0.68/mile
Travel Subsistence Actual Cost + 10%
Postage Actual Cost + 10%
Reproduction Actual Cost + 10%
Subconsultant Actual Cost + 10%
Peters Engineering Group will furnish monthly billing for work performed in accordance with previously authorized fees and the above fee schedule. Payments shall be due upon presentation and no later than 30 days from the date of original invoice. Finance charges will apply to unpaid balances.
78 1 of 2

Effective May 20, 2024_Amended January 28, 2025

4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus, indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. For the City of Visalia – The rates below are applicable for a period of one year from Contract Execution.

Fee schedules for the various billing categories are:

Classification Charges Per
Hour Classification Charges Per
Hour
Architectural Services Planning Services
Associate Architect $155 Assistant Planner $105
Architect $180 Associate Planner $125
Senior Architect $215 Planner $145
Principal Architect $245 Senior Planner $175
Principal Planner $2 10
Civil Engineering Services
Associate Engineer $145 Project Manager/Coordinator
Engineer I $160 Associate Project Manager/Coordinator $120 Engineer II $175 Associate Design Project Manager $1 45 Senior Engineer $195 Project Manager/Coordinator $145 Principal Engineer $245 Design Project Manager $170 Senior Project Manager/Coordinator $190
Construction Inspection (Non -Prevailing Wage)
Associate Construction Inspector * $125 Public Outreach Coordination Construction Inspector * $150 Associate Outreach Coordinator $105 Senior Construction Inspector * $1 70 Outreach Coordinator $125

Construction Management Software Engineering Services Associate Construction Manager $135 Assistant Software Engineer $90 Construction Manager $165 Associate Software Engineer $110 Senior Construction Manager $190 Software Engineer $135 Principal Construction Manager $210 Senior Software Engineer $165

Expert Witness Structural Engineering Services
Expert Witness $300 Associate Structural Engineer $145 Structural Engineer $165
GIS Services Senior Structural Engineer $190
GIS Technician $105 Principal Structural Engineer $215 GIS Analyst/Developer $120
GIS Manager $145 Technical Services
Drone Pilot $175 Project Technician I $95
Project Technician II $110
Land Surveying Services Project Technician III $125
Assistant Surveyor $120 Project Technician IV $140
Land Surveyor $155
Senior Survey Manager $1 60 Utility Design Services
Senior Surveyor $185 Associate Designer $125
Principal Land Surveyor $215 Designer $155
1-Man Survey Crew * $18 0 Senior Designer $195
2-Man Survey Crew * $260
3-Man Survey Crew* $350 Water Consulting Services
Associate Water Consultant $1 15
Water Consultant $140
Senior Water Consultant $170

Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
Design
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Effective May 20, 2024 – Amended 04/07/2025*

4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Prevailing Wage and Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are:

Classification Charges Per
Hour
Construction Inspection (Prevailing Wage)

Construction Inspector $170 -$205
Construction Inspector - Over Time $220-$305
Construction Inspector – Double Time $260-$325

Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $245
1-Man Survey Crew – Fresno County $245
1-Man Survey Crew – Kings County $245
1-Man Survey Crew – Kern County $245
1-Man Survey Crew – Merced County $245

2-Man Survey Crew – Tulare County $345
2-Man Survey Crew – Fresno County $345
2-Man Survey Crew – Kings County $345
2-Man Survey Crew – Kern County $345
2-Man Survey Crew – Merced County $345

3-Man Survey Crew – Tulare County $585
3-Man Survey Crew – Fresno County $585
3-Man Survey Crew – Kings County $585
3-Man Survey Crew – Kern County $585
3-Man Survey Crew – Merced County $585

Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses

Design
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WWW.PROVOSTANDPRITCHARD.COM

ON CALL CIVIL ENGINEERING CONSULTANT SERVICES
E. PROPOSED FEE STRUCTURE AND PROJECT APPROACH
To ensure full compliance with the City’s RFQ requirements, we have included our project approach within the main qualifications document, as well as a copy of the approach following the fee schedules.

2025 STANDARD FEE SCHEDULE
This schedule supersedes previously published fee schedules and is effective for one year from the contract execution date.

STAFF TYPE FEE RANGE

ENGINEERING
Assistant Engineer $121.00 – $149.00
Associate Engineer $142.00 – $172.00
Senior Engineer $180.00 – $217.00
Principal Engineer $227.00 – $287.00
Associate Structural Engineer $142.00 – $172.00
Senior Structural Engineer $180.00 – $216.00
Principal Structural Engineer $226.00 – $266.00
Assistant Electrical, I&C Engineer $128.00 – $156.00
Associate Electrical, I&C Engineer $163.00 – $192.00
Senior Electrical, I&C Engineer $202.00 – $242.00

SPECIALISTS
Assistant Specialist $101.00 – $121.00
Associate Specialist $126.00 – $156.00
Senior Specialist $163.00 – $201.00
Principal Specialist $211.00 – $271.00
Assistant Biologist $102.00 – $117.00
Associate Biologist $122.00 – $149.00
Senior Biologist $156.00 – $178.00
Principal Biologist $186.00 – $226.00
Assistant Geologist/Hydrogeologist $111.00 – $136.00
Associate Geologist/Hydrogeologist $137.00 – $165.00
Senior Geologist/Hydrogeologist $176.00 – $206.00
Principal Geologist/Hydrogeologist $216.00 – $256.00
Principal Tunneling Consultant $251.00 – $281.00

PLANNING
Assistant Planner $103.00 – $123.00
Associate Planner $130.00 – $151.00
Senior Planner $158.00 – $186.00
Principal Planner $194.00 – $224.00

TECHNICAL
Assistant Technician $90.00 – $107.00
Associate Technician $114.00 – $138.00
Senior Technician $144.00 – $172.00

STAFF TYPE FEE RANGE

CONSTRUCTION SERVICES
Associate Construction Manager $140.00 – $160.00
Senior Construction Manager $167.00 – $191.00
Principal Construction Manager $201.00 – $231.00
Construction Inspector (1) $175.00 – $220.00
Construction Inspector OT (1) $225.00 – $270.00
Construction Inspector Dbl OT (1) $250.00 – $295.00

SUPPORT
Administrative Assistant $80.00 – $100.00
Project Administrator $94.00 – $120.00
Senior Project Administrator $128.00 – $210.00
Intern $70.00 – $85.00

SURVEYING SERVICES
Assistant Surveyor $116.00 – $146.00
Licensed Surveyor $166.00 – $206.00
1-Man Survey Crew $205.00
1-Man Survey Crew (1) $245.00
1-Man Survey Crew OT (1) $270.00
2-Man Survey Crew $315.00
2-Man Survey Crew (1) $345.00
2-Man Survey Crew OT (1) $370.00
(Field work not including survey equipment billed at individual standard rate plus vehicle as appropriate.)
(1) Prevailing wage rates shown for San Joaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern counties; other counties as quoted.

Additional Fees
Expert Witness / GIS Training: As quoted.

Project Costs
Mileage: IRS value
Outside Consultants: Cost + 15%
Direct Costs: Cost + 15%
WWW.PROVOSTANDPRITCHARD.COM (559) 449-2700
81 April 4, 2025

HOURLY RATE SCHEDULE

LABOR RATES

Personnel Classification

Principal-In-Charge
Senior Project Manager
Project Manager
Project Engineer
Senior Engineer
Engineer II
Engineer I
CADD Supervisor
CADD Technician
Data Processor/Operator
Administrative Assistant
Intern

Hourly Rate

$290.00
$290.00
$250.00
$210.00
$185.00
$155.00
$130.00
$160.00
$120.00
$85.00
$85.00
$50.00

Rates are effective for one year from the date of execution of the contract or Agreement. Anticipated increases will be equivalent to the prevailing rate of inflation at subsequent annual renewals.

Similarly titled staff will be billed at equivalent rates (e.g. Senior Scientist, Senior Geologist, Senior Environmental Planner, etc. will be billed at the hourly rate for a Senior Engineer)

DIRECT EXPENSE UNIT RATES

Mileage: Current IRS Mileage Rate
Per Diem: Current State of CA DPA Rates
Subconsultants: 5% markup, unless prohibited by law.

The City will not reimburse staff for travel time exceeding one hour from their base or office location to the project or meeting site. Additionally, the City will not cover separate trip charges, other transportation fees, per diem charges, food charges, or other similarly related extra costs unless specifically agreed to in writing by the City prior to the work being performed. 82 CITY OF VISALIA RFQ NO. 24-25-29 FEE SCHEDULE
EFFECTIVE FOR 1 YEAR FROM CONTRACT EXECUTION DATE

COURT APPEARANCE, DEPOSITIONS AND EXPERT TESTIMONY

Registered Engineer or Licensed Land Surveyor ................ ............................................................... .................... $ 465.00

CIVIL ENGINEERING

Principal Civ il Engineer .................................................................................................... ..................................... $ 245.00 Senior Civil Engineer ........................................ ............................................................... ...................................... $ 221.00 Associate Civil Engineer ..................................... ............................................................... .................................... $ 201.00 Civil Engineer ............................................... ............................................................... .......................................... $ 180.00

LAND SURVEYING

Principal Land Surveyor ...................................................................................................... .................................. $ 231.00 Senior Land Surveyor ........................................................................................................ .................................... $ 210.00 Associate Land Surveyor ..................................................................................................... .................................. $ 190.00 Land Surveyor ................................................ ............................................................... ........................................ $ 171.00

STRUCTURAL ENGINEERING

Principal Structu ral Engineer ............................................................................................... .................................. $ 249.00 Senior Structur al Engineer .................................................................................................. ................................... $ 228.00 Associate Structural Engineer ................................ ............................................................... ................................. $ 206.00 Structural Engineer .......................................... ............................................................... ....................................... $ 185.00

SUPPORT SERVICES

Assistant Engineer / Surveyor III ........................................................................................... ................................ $ 160.00 Assistant Engineer / Surveyor II ............................................................................................ ................................ $ 146.00 Assistant Engineer / Surveyor I ............................................................................................. ................................ $ 130.00 Engineering / Surveyi ng Technician III ...................................................................................... ........................... $ 146.00 Engineering / Survey ing Technician II ....................................................................................... ........................... $ 137.00 Engineering / Survey ing Technician I ........................................................................................ ............................ $ 122.00 Engineeri ng Aide ............................................................................................................ ....................................... $ 88.00 1-Man Survey Crew ............................................ ............................................................... .................................... $ 245.00 2-Man Survey Crew ............................................ ............................................................... .................................... $ 345.00 Clerical ..................................................... ............................................................... ............................................... $ 109.00

REIMBURSABLES

20lb B&W Bond Prints ( 24" x 36"; 18” x 26”) ........................................................................ $ 2.45 /per sheet (plus tax) 20lb B&W Bond Pri nts (30" x 42") ......................................................................................... $ 3.95/per sheet (plus tax) Vellum B&W Prints (24” x 36”; 18” x 26”) ............................................................................ $ 7.5 5/per sheet (plus tax) Vellum B&W Prin ts (30” x 42”) .............................................................................................. $ 9.10/per sheet (plus tax) Mylar B&W Print s (18 x 26) .................................................................................................. . $ 11.40/per sheet (plus tax) Mylar B&W Print s (24 x 36) .................................................................................................. . $ 12.60/per sheet (plus tax) Mylar B&W Print s (30 x 42) .................................................................................................. . $ 18.15/per sheet (plus tax) B&W Copies (8 ½" x 11") ..................................................................................................... .. $ 0.36/per sheet (plus tax) Color Copies ( 8 ½” x 11”) ................................................................................................... .... $ 0.67/per sheet (plus tax) B&W Copies (8 ½ " x 14; 11" x 17”) ...................................................................................... $ 0.52/per sheet (plus tax) Color Copies (8 ½ " x 14; 11" x 17”) ....................................................................................... $ 1.05/per sheet (plus tax) Subconsu ltants .............................................................................................................. .................................... Cost + 15% Other Direct Costs (i.e. Equipment Rental, Postage, and Shippi ng) ........................................................... ...... Cost + 15% * Equipment costs will be billed as a Reimbursable Expense ..................................................................... ...... Cost + 15% LANE ENGINEERS, INC.

Civil  Structural  Surveying
979 North Blackstone Street
P.O. Box 1059
Tulare, CA 93275-1059
Phone:
(559) 688-5263 / Fax: (559) 688-8893
83 FY 2025-26 Rate Sheet

Engineer/Scientist Rate/Hour

Principal / Project Manager $296
Task Leader $240
Principal Engineer $217
Senior Engineer $202
Project Engineer $181
Staff Engineer $150
Assistant Engineer $124
Senior Environmental Scientist $202
Environmental Scientist $163
Environmental Analyst $135

Construction Services

Construction Manager $231
Senior Construction Inspector $188
Construction Inspector $168

Field Survey

Licensed Surveyor $258
3-Person Survey Crew $439
2-Person Survey Crew $338

Support Services

GIS Specialist $151
Senior Engineering Technician $121
Engineering Technician $99
CADD Designer $106
Project Coordinator $141
Graphic Designer $130
Administrative Assistant $118

General

Direct Expenses Cost + 10%
Subcontract Services Cost + 10%
Mileage Current IRS Rate
B&W Photocopies (per page) $0.10
Color Photocopies (per page) $0.50

This fee schedule is effective for 1 year from the contract execution date.

Rates for field equipment, health and safety equipment, and graphical supplies presented upon request.

Based on CWE maintaining General Liability Insurance for bodily injury and property damage with an aggregate limit of $2,000,00 0 per occurrence. In the event the client desires additional coverage, CWE will, upon the client's written request, obtain addit ional insurance and adjust the above billing rates accordingly. 84 On-Call Civil Engineering Services
RFQ NO. 24-25-29

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.

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 Peters Engineering Group
862 Pollasky Ave, Clovis CA 93612
X
Peters Engineering Group
David Peters
David Peters
Sheryl Peters
85 DISCLOSURE STATEMENTS

The following disclosure & 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
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 4Creeks
324 S. Santa Fe St., Visalia, CA 93291
CEO: Matthew Ainley CPO: Molly Muirhead Director: David De Groot COO: Joel Alipaz CMO: Eric Riley Director: Rose Morgan CFO: Cody Smith Director: Randy Wasnick No stockholders over 10% Matthew Ainley
4Creeks
20386
87 On-Call Civil Engineering Services
RFQ NO. 24-25-29

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.

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

88 89
90 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0101 Agenda Date: 4/21/2025 Agenda #: 4.

Agenda Item Wording:

Riggin Avenue Project Award & Transfer of Funds: Authorize the City Manager to award the construction contract with Agee Construction Corporation for the Riggin widening project from Kelsey St. to Shirk St. in the amount of $8,098,281.00; authorize the transfer of Measure R Regional funds; and the amendment to Measure R Supplemental Agreements.

Deadline for Action: 4/21/2025
Submitting Department: Engineering and Building Department Contact Name and Phone Number:

Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to award a contract with Agee Construction Corporation for RFB 23-24-61 for the Riggin Avenue Widening Project Kelsey Street to Shirk Street 3010- 72000/CP0398-999 in the amount of $8,098,281.00; and

2. Authorize the transfer of Measure R Regional (133) funds of $2,565,000 from the Riggin Ave.

Widening from Roeben St. to Akers St. project (CP0628) to the Riggin Ave. Widening from Kelsey St. to Shirk St. project (CP0398); and

3. Authorize the City Manager to amend the Measure R Supplemental Agreements.

Background Discussion:

The Riggin Avenue Widening Project spans from Kelsey St to Shirk St and consists of widening the existing 2-lane street to a divided 4-lane street with the construction of center medians, median landscaping, street lighting, interconnect conduit, storm drainage, turn pockets, Class IV bike lanes, and the signalization of Riggin Ave. and Shirk St.

Industrial and residential development in the surrounding areas has increased significantly over the past ten years, resulting in greater traffic congestion in this area of the City. The widening of this segment of Riggin Avenue between Kelsey Street and Shirk Street will help alleviate this congestion.

Additionally, the proposed traffic signal at the intersection of Riggin Avenue and Shirk Street will help with access to the SR 198 and SR 99 interchanges along those respective roadways.

Visalia City Council Printed on 4/18/2025Page 1 of 5
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91 File #: 25-0101 Agenda Date: 4/21/2025 Agenda #: 4.

This project will be constructed concurrently with the Shirk Capacity Enhancement Project from School Ave. to Riggin Ave. and the Carleton Acres Commercial Development project at the northeast corner of the Shirk and Riggin intersection.

Traffic Impacts:

The project construction documents require the contractor to maintain a single lane of travel in both the east and westbound direction along Riggin Avenue throughout construction. A construction management firm has been hired by the City to manage public outreach and to work with the contractor to minimize traffic impacts during construction and assist with monitoring the safety of the motoring public.

Bidding Process:

Staff advertised RFB 23-24-61 for the Riggin Avenue Widening Project from Kelsey St. to Shirk St. beginning February 3rd, 2025 and the RFB closed Tuesday, March 11th, 2025. This project received the following seven (7) bids:

Base Bid
Contractor Location Bid Amount
1 Agee Construction CorporationClovis Ca $8,098,281.00
2 Yarbs Grading and Paving Inc.Fresno, CA $8,440,112.00 3 Cen-Cal Construction Bakersfield, CA $8,647,211.00
4 Avison Construction Madera, CA $8,990,010.00
5 Cal Valley Construction Inc.Fresno, CA $9,107,394.80
6 Archer Civil ConstructionTulare, CA $9,388,440.69
7 Granite Construction CompanyFresno, CA $9,701,025.50
City Staff proceeded to review all seven (7) bids submitted and Agee Construction Corporation’s bid proposal was determined to be the lowest responsive bid as part of the review process. The references provided by Agee Construction Corp. have been verified. The references provided included County of Fresno, City of Fresno, and City of Visalia. These references were called by City staff with favorable responses from all jurisdictions. As a result, Staff recommends that the construction contract be awarded to Agee Construction Corp.

Fiscal Impact:

Riggin Avenue Widening project is a multi-funded project with funds budgeted from Transportation Impact Fee (241), Measure R Regional Fund (133), and an Economic Development Administration grant.

See the project funding breakdown for the project below.

Riggin Avenue Widening Project Kelsey to Shirk Budget
Riggin Avenue Project Budget (CP0398)
Measure R Regional Funds (Fund 133) $1,700,000
Traffic Impact Fee (Fund 241) $4,775,000
Economic Development Administration Grant $4,000,000
Total Project Funding $10,475,000
Estimated Project Costs:

Project Management & Misc. $200,000
Design Services $375,000
Acquisition Services $29,000
Land Acquisition (Right-of-way) $1,107,000
Utility Relocation (SCE relocation Agreement) $1,200,000 Construction (Agee Construction Corp) $8,098,281
Construction Contingency (10% of Construction) $809,828 Traffic Signal Pole and Equipment Purchase $250,000
Construction Management ~(3.5%) $280,000
Construction Services (Material Testing, Inspection, Survey) ~ (8.5%)$690,000 Total Estimated Project Costs: $13,039,109
Surplus (Deficit) ($2,564,109)
Round to ($2,565,000)
Transfer from Riggin Widening - Roben to Akers (CP0628)$2,565,000 Visalia City Council Printed on 4/18/2025Page 2 of 5
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92 File #: 25-0101 Agenda Date: 4/21/2025 Agenda #: 4.

Riggin Avenue Widening Project Kelsey to Shirk Budget
Riggin Avenue Project Budget (CP0398)
Measure R Regional Funds (Fund 133) $1,700,000
Traffic Impact Fee (Fund 241) $4,775,000
Economic Development Administration Grant $4,000,000
Total Project Funding $10,475,000
Estimated Project Costs:

Project Management & Misc. $200,000
Design Services $375,000
Acquisition Services $29,000
Land Acquisition (Right-of-way) $1,107,000
Utility Relocation (SCE relocation Agreement) $1,200,000 Construction (Agee Construction Corp) $8,098,281
Construction Contingency (10% of Construction) $809,828 Traffic Signal Pole and Equipment Purchase $250,000
Construction Management ~(3.5%) $280,000
Construction Services (Material Testing, Inspection, Survey) ~ (8.5%)$690,000 Total Estimated Project Costs: $13,039,109
Surplus (Deficit) ($2,564,109)
Round to ($2,565,000)
Transfer from Riggin Widening - Roben to Akers (CP0628)$2,565,000 Due to the above-identified budget deficit, staff recommends the transfer of $2,565,000 of Measure R Regional (133) funds from the Riggin Widening from Roeben to Akers project to the Riggin Widening from Kelsey to Shirk project. An amendment to the Measure R Supplemental Agreements for the projects is needed to transfer Measure R Regional funds between projects.

This shortfall is due to increasing construction cost as well as a $1.8M Measure R Regional transfer prior to other Riggin projects to address shortfalls that were seen on those project.

City Council approved on January 21, 2025, the submission of Congressional Community Project Funding requests for the 2025-26 Fiscal Year to include a request of $4 million towards the widening of Riggin Avenue. If approved, funding will be allocated towards the Riggin Widening from Roeben to Akers project to backfill the Measure R funds being transferred to the Riggin Widening from Kelsey to Shirk project. If the Congressional request is not filled, Measure R Regional funds will be used for the project.

Prior Council Action:

October 21, 2024
Council Authorized the City Manager to execute an agreement with NV5, Inc. to provide construction management services for two City projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue Widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83 August 5, 2024
Council authorized the execution of Southern California Edison (SCE) Facilities Relocation Visalia City Council Printed on 4/18/2025Page 3 of 5
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93 File #: 25-0101 Agenda Date: 4/21/2025 Agenda #: 4.

Council authorized the execution of Southern California Edison (SCE) Facilities Relocation Agreement for $1,081,000.00 and adopt resolution 2024-46 for the Riggin Avenue Widening Project Kelsey St to Shirk St. Project.

October 17, 2022
Council accepted grant award from the U.S. Economic Administration (EDA) for $4,000,000 and executed the EDA grant agreement for the construction of Riggin Avenue Widening project from Kelsey St to Shirk St.

March 21, 2022
Adopted resolution No. 2022-09 certifying Mitigated Negative Declaration No. 2021-62 prepared for CEQA compliance as part of the Economic Development Administration (EDA) ARPA Grant for construction of the Riggin Widening Project from Kelsey Street to Shirk Street (State clearing house No. 2022010046) (Resolution No. 2022-09 required).

March 15, 2021
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-200-006 generally located at the northwest corner of the intersection of Riggin Avenue and Shirk Street.

Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-100-088 generally located at the northeast corner of the intersection of Riggin Avenue and Shirk Street.

Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.

September 8, 2020
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.

August 17, 2020
Council authorized the City Manager to enter into a contract with 4Creeks Inc., for RFP 19-20-60 to prepare Plans, Specifications, Estimates, and Environmental Services for the Riggin Avenue Widening Project from Kelsey Street to Shirk Street, in the amount not to exceed $200,000.00.

April 6, 2020
Council authorized the execution of a measure R Supplement Agreement with the Tulare County Association of Governments (TCAG) to secure $3.5 million of Measure R Regional Funds for the Riggin Ave. Widening from Kelsey St to Shirk
Recommended Motion (and Alternative Motions if expected):

I move to Authorize

1. The City Manager to award a contract with Agee Construction Corporation for RFB 23-24-61 for the Riggin Avenue Widening Project Kelsey Street to Shirk Street 3010-72000/CP0398-999 Visalia City Council Printed on 4/18/2025Page 4 of 5
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94 File #: 25-0101 Agenda Date: 4/21/2025 Agenda #: 4.
for the Riggin Avenue Widening Project Kelsey Street to Shirk Street 3010-72000/CP0398-999 in the amount of $8,098,281.00; and

2. The transfer of Measure R Regional (133) funds of $2,565,000 from the Riggin Ave Widening from Roeben St. to Akers St. project (CP0628) to the Riggin Ave. Widening from Kelsey St. to Shirk St. project (CP0398); and

3. The City Manager to amend the Measure R Supplemental Agreements as stated in this report.

Environmental Assessment Status:

CEQA Exemption
Attachments:

1. Agee Construction Corporation Ownership Disclosure Form

2. Project Location Map

3. Draft Contract
Visalia City Council Printed on 4/18/2025Page 5 of 5
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95 96
North
Carlton Acres Commercial
Development
Riggin Widening Project

LOCATION MAP
97 RFB-23-24-61

RIGGIN AVENUE
WIDENING & IMPROVEMENTS January 15, 2025 18

CONTRACT

CITY OF VISALIA

STATE OF CALIFORNIA

This Contract for the construction of the RIGGIN AVENUE WIDENING KELSEY ST TO SHIRK ST Project, is made between the City of Visalia, (hereinafter “ the City”), and _______________________________________, (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Engineering Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner, the RIGGIN AVENUE WIDENING & IMPROVEMENTS (KELSEY TO SHIRK) Project, as a fully operational and functional facility for the intended purpose in accordance with the C ontract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof . Contractor is aware that this Contract involves federal funds through the Economic Development Administration (EDA) and that Section 86 of the Job Specific Provisions and EDA Contracting Provisions for Construction Projects, included with the Contract Documents, describes federal funding requirements. Applicable federal funding requirements include but are not limited to the provisions stated in EDA Contracting Provisions for Construction Projects and is included in Appendix B of the Contract Documents.

Said work to be done is shown upon the following plans:

RFB No.: 23-24-61
Project Name: RIGGIN AVENUE WIDENING KELSEY ST TO SHIRK ST Project No.: 3010-72000/CP0398-999
EDA Federal No.: 07-79-07850

which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:

98 RFB-23-24-61

RIGGIN AVENUE
WIDENING & IMPROVEMENTS January 15, 2025 19

This area to be reserved for insertion of the final bid item table complete with the awarded contractor’s final bid amounts.

99 RFB-23-24-61

RIGGIN AVENUE
WIDENING & IMPROVEMENTS January 15, 2025 20

ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or i n any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall , flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.

Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed 100
RFB-23-24-61

RIGGIN AVENUE
WIDENING & IMPROVEMENTS January 15, 2025 21

and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self -insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a combined single limit of not less than $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.

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:

a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;

b. Indicate whether coverage provided is on a claims made or occurrence basis; and

c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291.

Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and /or obtain damages from the Contractor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City f or such insurance.

This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. 101
RFB-23-24-61

RIGGIN AVENUE
WIDENING & IMPROVEMENTS January 15, 2025 22

ARTICLE IV – GENERAL CONTRACT PROVISIONS
Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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 id 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
CONTRACTOR/Cen-Cal Construction
Mailing Address:______________________
____________________________________
Attention: ___________________________

Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Contract, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

Jurisdiction/Venue/Waiver of Removal: This Contract shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Contract shall be in California. Any action brought to interpret or enforce this Contract, 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.

Integration/Modifications: This Contract 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 Contract may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.

Conflict with Law: If any part of this Contract 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 Contract shall be in full force and effect.

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Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Contract, 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.

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.

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 ar e 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.

ARTICLE V - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be cons idered as an acceptance of the said terms of said proposal conflicting with this instrument.

IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposi te their respective signatures.

CITY OF VISALIA

____________________________ _______
City Manager Date

CONTRACTOR

______________________________________
By: Authorized Agent Date

______________________________________
Print Name, Title

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APPROVED AS TO FORM:

City Attorney Date

____________________________ _______
Risk Manager Date

Project Manager Date

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0121 Agenda Date: 4/21/2025 Agenda #: 5.

Agenda Item Wording:

Award Construction Material Testing Services: Authorize the City Manager to execute an agreement with Krazan & Associates to provide geotechnical material testing services for the Tulare Avenue Major Rehabilitation project from Demaree to Cotta in the amount of $72,500.

Deadline for Action: 4/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected] 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute an agreement with Krazan & Associates, Inc to provide construction material testing services for the Tulare Avenue Major Rehabilitation project from Demaree to Cotta in the amount of $72,500.

Background Discussion:

The City of Visalia is currently maintaining a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, Staff incorporated a Pavement Management Program (PMP) 11 years ago, following the lead of other similarly sized California municipalities.

Tulare Avenue, as identified in the Pavement Management Plan, was selected for resurfacing. This project includes a pavement rehabilitation of approximately 2.9 miles of roadway on Tulare Avenue from Demaree to Cota Street. The rehabilitation work includes removing isolated areas of pavement failures, also known as digouts, grind the existing pavement section and overlay with hot mix asphalt.

In addition to these improvements, the project will also upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements and Public Rights-of-Way Access Guidelines (PROWAG). Lastly, the project will incorporate some traffic signal improvements at intersections throughout the corridor.

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File #: 25-0121 Agenda Date: 4/21/2025 Agenda #: 5.

The City of Visalia Purchasing Division issued a request for Qualifications (RFQ) to retain up to five (5) qualified consulting firms to provide Material Testing Services on an on-call basis. The City received and reviewed eight (8) proposals in response to the solicitation. A selection committee reviewed and ranked each proposal to develop a list of five qualified firms. The firms selected are as follows.
· Krazan & Associates, Inc. from Clovis, CA,
· Moore Twining Associates, Inc. from Fresno, CA,
· Kleinfelder from Fresno, CA,
· NV5 West, Inc. from Bakersfield/Visalia, CA and
· SK Associates from Fresno, CA.

The on-call contract is a one-year contract with up to 4 additional one-year renewals.

The top five (5) Consultants listed above all met the requirements presented in RFQ 23-24-04 and have all worked on various City projects in the past with positive reviews from City’sconstruction managers and listed references. These testing laboratories have field technicians that are located within a 45-mile radius of the City Limits of Visalia which is very beneficial when testing services are required on short notice. In addition, all personnel and laboratories for these firms are all properly certified.

Krazan & Associates, Inc. was selected for the material testing services for the Tulare Avenue Major Rehabilitation Project from Demaree to Cotta. They were selected following the procurement procedures identified in the LAPM using a mini-RFP. All 5 on call consultants were solicited via email to respond with a letter proposal by April 1st, 2025. Of the 5 consultants on call, 3 had responded with a letter. Krazan & Associates, Moore Twinning, and BSK. A selection committee was formed to rank the proposals based on qualifications. Krazan & Associates ranked first in the committee.

Fiscal Impact:

The Major Road Rehabilitation on Tulare Avenue from Demaree to Cotta Street is funded using the Surface Transportation Block Grant Program (STBGP) and the Highway Infrastructure Program (HIP) through the Federal Highway Administration (FHWA) and the Road Maintenance and Rehabilitation Account (RMRA) (SB1).

Tulare Ave from Demaree to Cotta (CP0602)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) & Highway Infrastructure Program (HIP)
$ 2,989,000
Road Maintenance and Rehabilitation Act (RMRA) (SB1)$ 400,000 Total Project Funding $ 3,389,000
Estimated Project Costs
Project Management $ 120,000
Construction $ 5,202,396
Construction Contingency (~15.0%) $ 780,500
Construction Management $ 420,000
Construction Services (Materials Testing, Inspection, etc.)$ 330,000 Total Estimated Project Costs $ 6,852,896
Surplus (Deficit) ($3,463,896)
Round to $ 3,465,000
Transfer RMRA (SB1) funds (Fund 113) from the Whitendale Road Rehab project (CP0760)
$ 400,000
RMRA (SB1) Appropriation (Fund 113) $ 3,065,000
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File #: 25-0121 Agenda Date: 4/21/2025 Agenda #: 5.

Tulare Ave from Demaree to Cotta (CP0602)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) & Highway Infrastructure Program (HIP)
$ 2,989,000
Road Maintenance and Rehabilitation Act (RMRA) (SB1)$ 400,000 Total Project Funding $ 3,389,000
Estimated Project Costs
Project Management $ 120,000
Construction $ 5,202,396
Construction Contingency (~15.0%) $ 780,500
Construction Management $ 420,000
Construction Services (Materials Testing, Inspection, etc.)$ 330,000 Total Estimated Project Costs $ 6,852,896
Surplus (Deficit) ($3,463,896)
Round to $ 3,465,000
Transfer RMRA (SB1) funds (Fund 113) from the Whitendale Road Rehab project (CP0760)
$ 400,000
RMRA (SB1) Appropriation (Fund 113) $ 3,065,000
The shown budget shortfall, appropriation, and transfer of funds is being taken into consideration for council approval on April 21, 2025 as a consent calendar item (25-0096).

Prior Council Action:

June 5, 2023
Adopted Resolution No. 2023-20 to designate SB1 RMRA 2023-24 funding to 1) Tulare Ave Road Rehab from Demaree to Cotta; 2) Plaza Drive Intersection Improvements; and 3) Center and Acequia Street Rehabilitation.

July 18, 2022
Accepted and approved the appropriation of Surface Transportation Block Grant Program (STBGP) funds and Highway Infrastructure Program (HIP) funds totaling $2,989,000 to the Major Street Rehabilitation - Tulare Ave from Demaree St to Cotta St Project.

June 7, 2021
Council received 2nd staff presentation on parking protected bike lane concept along Tulare Ave with multi modal Intersection enhancements. Pubic feedback was received and presented to Council.

April 5, 2021
Council received staff presentation on parking protected bike lane concept along Tulare Ave with multi modal Intersection enhancements.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement with Krazan & Associates, Inc. to provide Construction Material Testing Services for the Tulare Avenue Major Road Rehabilitation Project from Demaree to Cotta in the amount of $72,500.

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File #: 25-0121 Agenda Date: 4/21/2025 Agenda #: 5.

Environmental Assessment Status:

Environmental assessment has been cleared by Caltrans
Attachments:

1. Krazan & Associates, Inc. Ownership Disclosure Form

2. Project Location Map

3. Krazan & Associates Draft Contract
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109
S Demaree St
S Woodland St
S Mooney Blvd
W
Cam
pus Ave
W
Royal Oaks Dr
W
Howard Ave
S Mountain St
S Redwood St
W
Iris Ave
W
Ha
rvard Ave
S County Center Dr
Alley
W
Cam
bridge Ave
S Crowe St
W
Princeton Ave
W
Laurel Ave
S Whitney St
W Dartmouth Ave
W
Fairview Ave
W
Sue Ave
S Linda Vista St
S Verde Vista St
S University St
S Valley St
W
Cypress Ave
S Shady St
S Leila St
W
Cornell Ave
W
Paradise Ave
W
College Ave
S Terri St
S Duke St
S Silvervale St W
M
c Corm
ick Dr
W
Feem
ster Ave
W
College Ct
S Chatham St
W
M
eadow Ct
S Clover St
S Royal Oaks Dr
W
M
eadow Ave
S Wellsley St
S Wellsley Ct
W
Blackm
on Ct
W
Laurel Ct
W
Howard Ave
S Clover St
S Wellsley St
W
Sue Ave
S County Center Dr
W
Iris Ave
W
Cam
bridge Ave
W
Harvard Ave
W
Laurel Ave
W
Laurel Ave
W
Iris Ave
EVANS
TULARE AVE FROM EAST OF DEMAREE TO WEST OF MOONEY ±
1 inch = 600 feet
110
W
Noble Ave
W
M
yrtle Ave
S Giddings St
W
Kawe
ah Ave
S Mooney Blvd
S Divisadero St
W
Vassar Ave
W
Paradise Ave
W
Howard Ave
S Locust St
W
Laurel Ave
S Conyer St
S Sowell St
S Central St
S Watson St
S Encina St
S Court St
W
Beverly Dr
S Martin St
W
Feem
ster Ave
W
Iris Ave
W
M
eadow Ave
S Oak Park St
Alley
W
College Ave
S Grant St
S Dollner St
W
Cam
bridge Ave
S West St
S Jacob St
S Bardo St
S Fairway St
S Willis St
W
W
estcott Ave
W
Princeton Ave
S Bonnie St
W
Olive Ave
S Johnson St
W
Harvard Ave
W
Princeton Ct
S Edwards Ct
W
Howard Ct
W
Tam
m
y Ave
W
Feem
ster Ct
S Sowell Ct
S Fairway Ct
S Oak Park CtW
Fe
em
ster Ct
W
Cam
bridge Ave
W
Princeton Ave
S Central St
S Johnson St
W
Paradise Ave
S Conyer St
W
Iris Ave
S Oak Park St
W
Paradise Ave
W
Harvard Ave
S Watson St
W
Howard Ave
W
Fe
em
ster Ave
W
Iris Ave
W Kaweah Ave
Alley
S Watson St
S Encina St
S Dollner St
S Court St
W Myrtle Ave W
Laurel Ave
W
Princeton Ave
W
Princeton Ct
EVANS
TULARE AVE FROM EAST OF MOONEY TO WEST OF COURT ±
1 inch = 700 feet
111
E Tulare Ave
S Burke St
S Bridge St
S Locust St
S Edison St
S Encina St
S Garden St
S Court St
E Laurel Ave
E Cypress Ave
E Myrtle Ave
S Santa Fe St
S Cotta St
S Ben Maddox Way
E Paradise Ave
W Tulare Ave
W Myrtle Ave W
Laurel Ave
W
Howard Ave
S Clark St
S Huntington St
W
Paradise Ave S Bardo St
W
Feem
ster Ave
S Liberty St
S Church St
S Thomas St
S Michael Ct
S Tipton Ct
E Cambridge Ave
E Sequoia Ave
S Bradley St
S Pinnacle Ct
E Feem
ster Ave
W
Cypress Ave
S Tipton St
E Howard Ct
E Rose Ct
E Rose Ave
S Clark Ct
E P
rinceton C
t
E Castleview Dr
S Thomas Ct
E Iris Ave
W
Tam
m
y Ave
E Princeton Ave
E Rose Ave
E Cypress Ave
S Bradley St
E M
yrtle Ave
E M
yrtle Ave
S Church St
S Burke St
S Encina St
S Clark St
S Liberty St
S Court St
E Laurel Ave
S Santa Fe St
E Paradise Av
e
S Burke St
S Garden St
EVANS
TULARE AVE FROM EAST OF COURT TO WEST OF COTTA ±
1 inch = 600 feet
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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

PROFESSIONAL SERVICES AGREEMENT

FOR

PROFESSIONAL DESIGN SERVICES FOR TULARE AVENUE MAJOR STREET REHABILITATION

DEMAREE TO COTTA

This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and Krazan & Associates, Inc hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H

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

WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” 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 unless the parties agree in writing to modify the Scope of Work, for the cost identified in Exhibit “B” - Project Fees and Exhibit “C” - Consultant Schedule of Fees.

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” – Project Fees. 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 the Exhibits, 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.

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

III. COMPENSATION

A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a lump sum amount of two hundred and eighty-nine thousand forty-eight dollars ($289,048) as shown in Exhibit “B”. 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 and Project Fees 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 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 Project Manager 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: Krazan & Associates, Inc 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 114

Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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:

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

2. Except with respect to 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

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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.

VII. 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. All contractors and subcontractors bidding and performing work on Public Works Projects (including Consultants and Sub-Consultants who employ or subcontract workers to perform any trade that has a prevailing wage designation such as surveyor) must:

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

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

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

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL

Consultant shall comply with the City of Visalia Labor Compliance Manual which is available at visaliapurchasing.org.

IX. 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.

X. SUBCONTRACTING

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

B. In no event shall the 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. 116

Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

XI. INDEPENDENT CONTRACTOR

In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons 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.

XII. SPECIFICATIONS

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

XIII. DOCUMENTS/DATA

A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional 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 the 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 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.”

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XIV. 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 subconsultants 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 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.
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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, 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

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.

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XV. 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.

XVI. MISCELLANEOUS PROVISIONS

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

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Krazan & Associates, Inc
215 W. Dakota Avenue
Clovis, CA 93612
Attention: Ian Beatty

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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.

N. 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.

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

CITY OF VISALIA CONSULTANT

________________________________ ________________________________ City Manager

Approved as to Form
________________________________
City Attorney
________________________________
Risk Manager
________________________________
Project Manager

Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees
Exhibit “C”: Consultant Schedule of Fees
Exhibit “D”: Contractor Affidavit
Exhibit “E”: Levine Act Statement

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GE O TECHNICA L ENGINEERING  ENVIRONMENTAL ENGINEERING  CONSTRUCTION TESTING AND INSPE CTI ONS With Offices Serving the Western United States
215 W. Dakota Avenue  Clovis, CA 93611  559-348-2200  Fax 559-348-2201  www.krazan.com March 31, 2025 KA Proposal No. T25199CAF
Mr. Jonathan Frausto
City of Visalia
315 E. Acequia Avenue
Visalia, CA 93291
O: (559) 713-4369
Email: [email protected]
RE: SPECIAL INSPECTION & MATERIALS TESTING ESTIMATE
Visalia Tulare Ave Rehabilitation Damaree to Cotta
Project # 3010-72000/CP0602-9999 (Fed ID STPL-5044(134) Visalia, California
Dear Mr. Frausto:

Krazan & Associates, Inc. (Krazan) appreciates the opportunity to submit this proposal for tes ting and inspection for the Visalia Tulare Ave Rehabilitation Damaree to Cotta project.

The following preliminary estimate is based on our experience with similar construction and a review of th e provided plans. As more information becomes available, such as the contractor ’s construction schedule, we would be happy to revise the project estimate. Variance s in the actual schedule may occur during the project and may affect the total cost for our testing and inspection services. Please refer to the attached estimate for further information.

Again, we appreciate the opportun ity to submit this proposal and w e believe you will be pleased with the selection of our firm. The following pag es include the anticipated scope of work, hourly rates and estimate of costs for our services , general conditions, and contract. If you have any questions, or if we can be of further assistance, please do not hesitate to call our office at 559-348-2200. If this proposal is acceptable please sign and return to our office.

The following items are included as an Attachment:

Attachment A – Budget Estimate
Respectfully submitted,
KRAZAN & ASSOCIATES, INC.

Ian G. Beatty
Project Manager
Testing & Inspection Division
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Visalia Tulare Ave Rehabilitation Demaree to Cotta
Project # 3010-72000/CP0602-9999 (Fed ID STPL-5044(134))

QUALITY ASSURANCE TESTING & INSPECTIONS

TESTING & INSPECTION
Labor: No. Days No. Units Unit Rate Cost
Earthwork Observation and Compaction Testing (Grp 3) 10 2 $120.00 $2,400.00 Underground Utility Compaction Testing (Grp 3) 0 4 $120.00 $0.00 FDR Observation and Compaction Testing (Grp 3) 0 8 $120.00 $0.00 FDR Observation and Compaction Testing (OT) (Grp 3) 0 2 $180.00 $0.00 FDR Microcracking Observation (Grp 3) 0 4 $120.00 $0.00 Aggregate Base Compaction Testing (Grp 3) 5 2 $120.00 $1,200.00 Asphalt Batch Plant Sampling (Offsite Non PW) 10 4 $75.00 $3,000.00 Asphalt Sampling and Compaction Testing (Grp 3) 10 8 $120.00 $9,600.00 Asphalt Sampling and Compaction Testing (Overtime) (Grp 3) 10 2 $180.00 $3,600.00 Asphalt Coring (Grp 3) (if requested) 10 8 $120.00 $9,600.00 Reinforcing Steel Inspection (Grp 2) 0 4 $125.00 $0.00
Concrete Inspection and Testing (Grp 4) 5 4 $115.00 $2,300.00 Sample Pickup/Transport 10 2 $75.00 $1,500.00
Trip Charges/Mileage 50 1 $75.00 $3,750.00
Report Preparation 10 2 $50.00 $1,000.00
Project Management 10 1 $100.00 $1,000.00
Registered Civil Engineer Review 5 1 $125.00 $625.00
$39,575.00
Laboratory Testing No. Units Unit Rate Cost
Import Suitability Testing 0 $450.00 $0.00
Soil Maximum Density Curve 5 $200.00 $1,000.00
Soil Maximum Density Curve (Checkpoint) 0 $100.00 $0.00 FDR Maximum Density Curve 0 $200.00 $0.00
FDR Unconfined Compressive Strength (set of 2) 0 $200.00 $0.00 Aggregate Base Maximum Density Curve 2 $200.00 $400.00
Aggregate Base Suitability (SE, SA, R-value, Durability) 0 $640.00 $0.00 Aggregate Subbase Suitability (SE, SA, R-value) 0 $545.00 $0.00 Concrete Compressive Strength (set of 5) 5 $125.00 $625.00 Asphalt Gradation/Sand Equivalent (1/day or each 750 tons) 27 $175.00 $4,725.00 Asphalt Oil Content (1/day or each 750 tons) 27 $200.00 $5,400.00 Asphalt Maximum Theoretical Density (Rice) (1/day) 10 $250.00 $2,500.00 Asphalt Stability (1/day or each 4000 tons placed) 10 $250.00 $2,500.00 Asphalt Air Voids (1/day or each 4000 tons placed) 10 $250.00 $2,500.00 Asphalt Hamburg Wheel (ea 10,000 tons) 2 $1,800.00 $3,600.00 Asphalt Tensile Strength Ratio (Ea 10,000 tons, if Antistrip needed) 0 $1,000.00 $0.00 Asphalt Core Thickness & Density (Ea 250 tons) (if requested) 80 $35.00 $2,800.00 $26,050.00
$65,625.00
Krazan Quality Assurance Testing Estimate
Inspection Labor Subtotal
Laboratory Subtotal
TOTAL ESTIMATED QUALITY ASSURANCE COSTS:

KA Proposal T25199CAF
3/31/2025
KRAZAN and Associates, Inc.
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Visalia Tulare Ave Rehabilitation Damaree to Cotta

1. 2.

3. 4.

5. 6.

7. 8.

9.Servi
ces initiated between the hours of 7:00 a.m. and 3:30 p.m. will be performed at the standard rates presented in the PROPOSAL and Fee Schedule. Services initiated outside of these hours will be billed at the appropriate rate plus a premium of 12.5 percent. Services rendered in excess of 8 hours (up to 12 hours) on any week day and on Saturdays will be billed at time and a half the hourly rate. Services rendered in excess of 12 hours on any weekday, on Holidays, on Sundays, or in excess of 8 hours on Saturdays or will be charged at double the hourly rate.

Authorization:

We have provided our standard form of agreement with this proposal. Please note that the terms and conditions of the agreement are an integral part of our proposal and fee structure. Please initial, sign and return the agreement to us as our authorization to proceed. Upon receipt, we will execute the contract and return a signed original for your files.

Should we be requested to start work prior to our receipt of a mutually acceptable signed contract, with the request received through email or oral communication, and our subsequent start of work, will constitute your express or implied acceptance of the terms and conditions of our attached Agreement.

In the event that a Purchase Order will be issued as part of the authorization process for us to proceed, the Purchase Order must specifically incorporate this proposal by reference. By issuing a Purchase Order authorizing our services, it is agreed that the terms of the Purchase Order shall be null and void even where stated otherwise on the Purchase Order and that the terms of the attached agreement shall prevail.

KA Proposal T25199CAF

FEE STRUCTURE
We will perform the services listed above on a time and material basis in accordance with our 2025 standard rate schedule. A detailed breakdown of this cost estimate is attached as Attachment A. Costs for construction testing and inspection services are highly dependent on contractors schedule; weather, overlapping of work, additional inspections required by the building official and other factors. Krazan & Associates does not control the work or production rate. Actual costs will vary due to the frequency of scheduling by others. Therefore the quantities listed in our cost estimate should be considered approximate.

The estimate provided herein does not imply a lump sum fee, not-to-exceed fee or a guaranteed maximum price.

Consistent with good engineering practice, we will work with the contractor to keep inspection costs at a minimum. If provided with a construction schedule this cost estimate can be further refined and quantified.

COORDINATION
Additional services requested outside of our stated scope of work will be billed in excess of the estimated amount at our current rates. A price list for these services will be provided upon request.

Services will be performed on a “time and materials” basis. Any total estimates provided are merely estimates and are not a guaranteed maximum price. A four (4) hour minimum charge applies to all inspection services. All inspections performed will be billed on a portal to portal basis unless specifically noted otherwise. Twelve (12) hours notice of cancellation required on all jobs.

Inspections which are cancelled with less than twenty-four (24) hours’ notice, or after an inspector has been dispatched to the project site, will be charged the minimum fee associated with the type of inspection or testing requested.

All concrete samples will be cast in 4-inch diameter x 8-inch high molds unless otherwise agreed.

Additional samples for contractor convenience testing and/or field cure samples are not included in this estimate.

Contractor will provide curing facilities in accordance with ASTM requirements for initial curing (the first 24 hours after specimens are cast) and protection of concrete test specimens on site.

If required, the stated labor rates reflect the current General Prevailing Wage Determination made by the State of California Director of Industrial Relations Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1. Determination : SC-23-63-2-2016D, dated August 22, 2016.KRA ZAN and Associates, Inc. KA Proposal # TI 199-25
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0122 Agenda Date: 4/21/2025 Agenda #: 6.

Agenda Item Wording:

Authorize the Purchase of Traffic Signal Poles: Authorize the purchase of traffic signal poles from Jam Services Inc., for $105,462.00, for the Riggin Ave. and Shirk St. intersection associated with the Riggin Avenue Widening Project from Kelsey St. to Shirk St.

Deadline for Action: 4/21/2025
Submitting Department: Engineering and Building Department Contact Name and Phone Number:

Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:

Staff recommends that the City Council authorize the purchase of traffic signal poles from Jam Services, for $105,462.00, for the Riggin Ave. and Shirk St. intersection associated with the Riggin Avenue Widening Project from Kelsey St. to Shirk St; 3010-72000/CP0398-999 Background Discussion:

The Riggin Avenue Widening Project spans from Kelsey St to Shirk St and consists of widening the existing 2-lane street to a divided 4-lane street with the construction of center medians, landscaping, street lighting, interconnect conduit, storm drainage, turn pockets, Class IV bike lanes, and the signalization of Riggin Ave. and Shirk St.

Industrial and residential development in the surrounding areas has increased significantly over the past ten years, resulting in greater traffic congestion in this area of the City. The widening of this segment of Riggin Avenue between Kelsey Street and Shirk Street will help alleviate this congestion.

Additionally, the proposed traffic signal at the intersection of Riggin Avenue and Shirk Street will help with access to the SR 198 and SR 99 interchanges along those respective roadways.

This project will be constructed concurrently with the Shirk Capacity Enhancement Project from School Ave. to Riggin Ave. and the Carleton Acres Commercial Development project at the northeast corner of the Shirk and Riggin intersection.

City Furnished Signal Poles
City staff recommends purchasing the signal pole equipment ahead of the construction contract being executed to get ahead of the 24-26 week lead time. Purchasing the signal poles now can have Visalia City Council Printed on 4/18/2025Page 1 of 4
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File #: 25-0122 Agenda Date: 4/21/2025 Agenda #: 6.
being executed to get ahead of the 24-26 week lead time. Purchasing the signal poles now can have them delivered by October 2025, if staff waits for contractor contracts to be executed this could delay the pole delivery by 2 to 3 months pushing delivery to January 2026.

Currently there are 2-3 traffic signal pole manufacturers that produce traffic signal poles for the entire country. These poles are manufactured to order and the lead times fluctuate based on current demand and supply chain availability. There are only a hand full of vendors that work with these manufacturers to have these materials shipped and delivered. The three-quote process was utilized by staff to expedite the purchasing process as time is of the essence.

Quote Process:

Staff requested a quote for the signal pole equipment based on the signal design from the following suppliers:

Contractor Quote Amount
1 Jam Services Inc. $105,462.00
2 AZCO Supply Inc. $136,630.80
3 McCain Inc. N/A
4 Del Sol Resources $0.00
5 Ameron $0.00
Jamz Services Inc. provided the lowest quote. McCain Inc. responded and stated that they no longer distribute traffic signal poles and Ameron and Del Sol Resources never responded to the City’s request for a quote.

Fiscal Impact:

Riggin Avenue Widening project is a multi-funded project with funds budgeted from Transportation Impact Fee (241), Measure R Regional Fund (133), and an Economic Development Administration grant.

See the project funding breakdown for the project below.

Riggin Avenue Widening Project Kelsey to Shirk Budget
Riggin Avenue Project Budget (CP0398)
Measure R Regional Funds (Fund 133) $4,265,000
Traffic Impact Fee (Fund 241) $4,775,000
Economic Development Administration Grant $4,000,000
Total Project Funding $13,040,000
Estimated Project Costs:

Project Management & Misc. $200,000
Design Services $375,000
Acquisition Services $29,000
Land Acquisition (Right-of-way) $1,107,000
Utility Relocation (SCE relocation Agreement) $1,200,000 Construction (Agee Construction Corp) $8,098,281
Construction Contingency (10% of Construction)$809,828
Traffic Signal Pole Purchase $105,462
Equipment Purchase $144,538
Construction Management ~(3.5%) $280,000
Construction Services (Material Testing, Inspection, Survey) ~ (8.5%)$690,000 Total Estimated Project Costs: $13,039,109
Surplus (Deficit) $891
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File #: 25-0122 Agenda Date: 4/21/2025 Agenda #: 6.

Riggin Avenue Widening Project Kelsey to Shirk Budget
Riggin Avenue Project Budget (CP0398)
Measure R Regional Funds (Fund 133) $4,265,000
Traffic Impact Fee (Fund 241) $4,775,000
Economic Development Administration Grant $4,000,000
Total Project Funding $13,040,000
Estimated Project Costs:

Project Management & Misc. $200,000
Design Services $375,000
Acquisition Services $29,000
Land Acquisition (Right-of-way) $1,107,000
Utility Relocation (SCE relocation Agreement) $1,200,000 Construction (Agee Construction Corp) $8,098,281
Construction Contingency (10% of Construction)$809,828
Traffic Signal Pole Purchase $105,462
Equipment Purchase $144,538
Construction Management ~(3.5%) $280,000
Construction Services (Material Testing, Inspection, Survey) ~ (8.5%)$690,000 Total Estimated Project Costs: $13,039,109
Surplus (Deficit) $891
This pole purchase will be funded through local funds.

Prior Council Action:

October 21, 2024
Council Authorized the City Manager to execute an agreement with NV5, Inc. to provide construction management services for two City projects 1) Shirk Street Capacity Enhancement Project from School Ave to Riggin Ave and 2) Riggin Avenue Widening Project from Kelsey St to Shirk St in the amount of $545,707.60 & $259,369.23 respectively, combined total of $805,076.83 August 5, 2024
Council authorized the execution of Southern California Edison (SCE) Facilities Relocation Agreement for $1,081,000.00 and adopt resolution 2024-46 for the Riggin Avenue Widening Project Kelsey St to Shirk St. Project.

October 17, 2022
Council accepted grant award from the U.S. Economic Administration (EDA) for $4,000,000 and executed the EDA grant agreement for the construction of Riggin Avenue Widening project from Kelsey St to Shirk St.

March 21, 2022
Adopted resolution No. 2022-09 certifying Mitigated Negative Declaration No. 2021-62 prepared for CEQA compliance as part of the Economic Development Administration (EDA) ARPA Grant for construction of the Riggin Widening Project from Kelsey Street to Shirk Street (State clearing house No. 2022010046) (Resolution No. 2022-09 required).

March 15, 2021
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-200-006 generally located at the northwest corner of the intersection of Riggin Avenue and Shirk Street.

Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-100-088 generally located at the northeast corner of the intersection of Riggin Avenue and Shirk Street.

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File #: 25-0122 Agenda Date: 4/21/2025 Agenda #: 6.

Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.

September 8, 2020
Conference with Real Property Negotiators (Pursuant to G.C. Section 54956.8 Property: Portion of APN 077-480-001 generally located at the northwest corner of the intersection of Riggin Avenue and Kelsey Street.

August 17, 2020
Council authorized the City Manager to enter into a contract with 4Creeks Inc., for RFP 19-20-60 to prepare Plans, Specifications, Estimates, and Environmental Services for the Riggin Avenue Widening Project from Kelsey Street to Shirk Street, in the amount not to exceed $200,000.00.

April 6, 2020
Council authorized the execution of a measure R Supplement Agreement with the Tulare County Association of Governments (TCAG) to secure $3.5 million of Measure R Regional Funds for the Riggin Ave. Widening from Kelsey St to Shirk.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the purchase of traffic signal poles from Jam Services Inc, for $105,462.00, for the Riggin Ave. and Shirk Street intersection associated with the Riggin Avenue Widening Project from Kelsey St. to Shirk St; 3010-72000/CP0398-999
Environmental Assessment Status:

CEQA Exemption
Attachments:

1. Jam Service Inc. Pole Package Quote

2. Project Location Map

3. Jam Service Inc. Disclosure Form
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958 East Airway Blvd.

Livermore, CA 94551

QUOTATION #JRM041525ZY

Project Name: City of Visalia Riggin and Shirk
Bid Date: 4-15-25

JAM Services is pleased to provide the following price quotation for the subject project:

LOCATION Riggin and Shirk
(1) Galvanized type 29-5-100, 55, 15
(2) " " 29-5-100, 50, 15
(1) " " 26-4-100, 45, 15
(4) " " 15TS, 15

TOTAL PRICE $97,200.00

*Includes Anchor Bolts

Poles per the 2023 Caltrans Standard Plans and specifications.

Freight allowed, but tax to be added as determined by the final bill of materials and the delivery address. If I can be of further assistance, please contact me at 925-455-5267.

Thank you – Jason Momaney

QUOTATION
132
Rd 92
Ave 320
W Doe Ave
N Shirk St
W Goshen Ave
N Plaza Dr
N Kelsey St
W Riggin Ave Ave 312
W Kibler Ave
W Sunnyview Ave
W Ferguson AveN Plaza Dr
²
Location Map
Riggin Ave Widening - Kelsey to Shirk
Riggin Avenue
(Kelsey to Shirk)
133
134
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0124 Agenda Date: 4/21/2025 Agenda #: 7.

Agenda Item Wording:

Award Construction Management Services: Authorize the City Manager to execute an agreement with 4 Creeks, Inc. to provide construction management services for Tulare Avenue Major Street Rehabilitation from Demaree to Cotta in the amount of $420,000.

Deadline for Action: 4/21/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected] 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute an agreement with 4 Creeks, Inc to provide Construction Management Services for the Tulare Avenue Major Rehabilitation project from Demaree to Cotta in the amount of $420,000.

Background Discussion:

The City of Visalia is currently maintaining a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, Staff incorporated a Pavement Management Program (PMP) 11 years ago, following the lead of other similarly sized California municipalities.

Tulare Avenue, as identified in the Pavement Management Plan, was selected for resurfacing. This project includes a pavement rehabilitation of approximately 2.9 miles of roadway on Tulare Avenue from Demaree to Cota Street. The rehabilitation work includes removing isolated areas of pavement failures, also known as digouts, grind the existing pavement section and overlay with hot mix asphalt.

In addition to these improvements the project will also upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements and Public Rights-of-Way Access Guidelines (PROWAG). Lastly, the project will incorporate some traffic signal improvements at intersections throughout the corridor.

The City of Visalia Purchasing Division issued a request for Proposals (RFP) to retain up to three (3) Visalia City Council Printed on 4/16/2025Page 1 of 3
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File #: 25-0124 Agenda Date: 4/21/2025 Agenda #: 7.

The City of Visalia Purchasing Division issued a request for Proposals (RFP) to retain up to three (3) qualified consulting firms to provide Construction Management (CM)/Resident Engineering (RE) services on an on-call basis. The City received and reviewed seven (7) proposals in response to the solicitation. A selection committee reviewed and ranked each proposal to develop a list of three qualified firms. The firms selected were as follows.
· NV5, Inc.
· 4 Creeks, Inc
· Vanir Construction Management, Inc.

The on-call contract is a one-year contract with up to 4 additional one-year renewals.

The top three (3) Consultants listed above all met the requirements presented in RFP 20-21-18 and have all worked on various City projects in the past with positive reviews from City’sconstruction managers and listed references.
4 Creeks, Inc. was selected for the Construction Management services for the Tulare Avenue Major Road Rehabilitation project from Demaree to Cotta. They were selected based on a rotational basis.

Fiscal Impact:

The Major Road Rehabilitation on Tulare Avenue from Demaree to Cotta Street is funded using the Surface Transportation Block Grant Program (STBGP) and the Highway Infrastructure Program (HIP) through the Federal Highway Administration (FHWA) and the Road Maintenance and Rehabilitation Account (RMRA) (SB1).

Tulare Ave from Demaree to Cotta (CP0602)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) & Highway Infrastructure Program (HIP)
$ 2,989,000
Road Maintenance and Rehabilitation Act (RMRA) (SB1)$ 400,000 Total Project Funding $ 3,389,000
Estimated Project Costs
Project Management $ 120,000
Construction $ 5,202,396
Construction Contingency (~15.0%) $ 780,500
Construction Management $ 420,000
Construction Services (Materials Testing, Inspection, etc.)$ 330,000 Total Estimated Project Costs $ 6,852,896
Surplus (Deficit) ($3,463,896)
Round to $ 3,465,000
Transfer RMRA (SB1) funds (Fund 113) from the Whitendale Road Rehab project (CP0760)
$ 400,000
RMRA (SB1) Appropriation (Fund 113) $ 3,065,000
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File #: 25-0124 Agenda Date: 4/21/2025 Agenda #: 7.

Tulare Ave from Demaree to Cotta (CP0602)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) & Highway Infrastructure Program (HIP)
$ 2,989,000
Road Maintenance and Rehabilitation Act (RMRA) (SB1)$ 400,000 Total Project Funding $ 3,389,000
Estimated Project Costs
Project Management $ 120,000
Construction $ 5,202,396
Construction Contingency (~15.0%) $ 780,500
Construction Management $ 420,000
Construction Services (Materials Testing, Inspection, etc.)$ 330,000 Total Estimated Project Costs $ 6,852,896
Surplus (Deficit) ($3,463,896)
Round to $ 3,465,000
Transfer RMRA (SB1) funds (Fund 113) from the Whitendale Road Rehab project (CP0760)
$ 400,000
RMRA (SB1) Appropriation (Fund 113) $ 3,065,000
The shown budget shortfall, appropriation, and transfer of funds is being taken into consideration for council approval on April 21, 2025 as a consent calendar item (25-0096).

Prior Council Action:

June 5, 2023
Adopted Resolution No. 2023-20 to designate SB1 RMRA 2023-24 funding to 1) Tulare Ave Road Rehab from Demaree to Cotta; 2) Plaza Drive Intersection Improvements; and 3) Center and Acequia Street Rehabilitation.

July 18, 2022
Accepted and approved the appropriation of Surface Transportation Block Grant Program (STBGP) funds and Highway Infrastructure Program (HIP) funds totaling $2,989,000 to the Major Street Rehabilitation - Tulare Ave from Demaree St to Cotta St Project.

June 7, 2021
Council received 2nd staff presentation on parking protected bike lane concept along Tulare Ave with multi modal Intersection enhancements. Pubic feedback was received and presented to Council.

April 5, 2021
Council received staff presentation on parking protected bike lane concept along Tulare Ave with multi modal Intersection enhancements.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute an agreement with 4 Creeks, Inc. to provide Construction Management Services for the Tulare Avenue Major Road Rehabilitation Project from Demaree to Cotta in the amount of $420,000
Environmental Assessment Status:

Environmental assessment has been cleared by Caltrans
Attachments:

1. 4 Creeks, Inc. Ownership Disclosure Form

2. Project Location Map

3. 4 Creeks Draft Contract
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DISCLOSURE STATEMENTS

The following disclosure & 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
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 4Creeks
324 S. Santa Fe St., Visalia, CA 93291
CEO: Matthew Ainley CPO: Molly Muirhead Director: David De Groot COO: Joel Alipaz CMO: Eric Riley Director: Rose Morgan CFO: Cody Smith Director: Randy Wasnick No stockholders over 10% Matthew Ainley
4Creeks
203138
S Demaree St
S Woodland St
S Mooney Blvd
W
Cam
pus Ave
W
Royal Oaks Dr
W
Howard Ave
S Mountain St
S Redwood St
W
Iris Ave
W
Ha
rvard Ave
S County Center Dr
Alley
W
Cam
bridge Ave
S Crowe St
W
Princeton Ave
W
Laurel Ave
S Whitney St
W Dartmouth Ave
W
Fairview Ave
W
Sue Ave
S Linda Vista St
S Verde Vista St
S University St
S Valley St
W
Cypress Ave
S Shady St
S Leila St
W
Cornell Ave
W
Paradise Ave
W
College Ave
S Terri St
S Duke St
S Silvervale St W
M
c Corm
ick Dr
W
Feem
ster Ave
W
College Ct
S Chatham St
W
M
eadow Ct
S Clover St
S Royal Oaks Dr
W
M
eadow Ave
S Wellsley St
S Wellsley Ct
W
Blackm
on Ct
W
Laurel Ct
W
Howard Ave
S Clover St
S Wellsley St
W
Sue Ave
S County Center Dr
W
Iris Ave
W
Cam
bridge Ave
W
Harvard Ave
W
Laurel Ave
W
Laurel Ave
W
Iris Ave
EVANS
TULARE AVE FROM EAST OF DEMAREE TO WEST OF MOONEY ±
1 inch = 600 feet
139
W
Noble Ave
W
M
yrtle Ave
S Giddings St
W
Kawe
ah Ave
S Mooney Blvd
S Divisadero St
W
Vassar Ave
W
Paradise Ave
W
Howard Ave
S Locust St
W
Laurel Ave
S Conyer St
S Sowell St
S Central St
S Watson St
S Encina St
S Court St
W
Beverly Dr
S Martin St
W
Feem
ster Ave
W
Iris Ave
W
M
eadow Ave
S Oak Park St
Alley
W
College Ave
S Grant St
S Dollner St
W
Cam
bridge Ave
S West St
S Jacob St
S Bardo St
S Fairway St
S Willis St
W
W
estcott Ave
W
Princeton Ave
S Bonnie St
W
Olive Ave
S Johnson St
W
Harvard Ave
W
Princeton Ct
S Edwards Ct
W
Howard Ct
W
Tam
m
y Ave
W
Feem
ster Ct
S Sowell Ct
S Fairway Ct
S Oak Park CtW
Fe
em
ster Ct
W
Cam
bridge Ave
W
Princeton Ave
S Central St
S Johnson St
W
Paradise Ave
S Conyer St
W
Iris Ave
S Oak Park St
W
Paradise Ave
W
Harvard Ave
S Watson St
W
Howard Ave
W
Fe
em
ster Ave
W
Iris Ave
W Kaweah Ave
Alley
S Watson St
S Encina St
S Dollner St
S Court St
W Myrtle Ave W
Laurel Ave
W
Princeton Ave
W
Princeton Ct
EVANS
TULARE AVE FROM EAST OF MOONEY TO WEST OF COURT ±
1 inch = 700 feet
140
E Tulare Ave
S Burke St
S Bridge St
S Locust St
S Edison St
S Encina St
S Garden St
S Court St
E Laurel Ave
E Cypress Ave
E Myrtle Ave
S Santa Fe St
S Cotta St
S Ben Maddox Way
E Paradise Ave
W Tulare Ave
W Myrtle Ave W
Laurel Ave
W
Howard Ave
S Clark St
S Huntington St
W
Paradise Ave S Bardo St
W
Feem
ster Ave
S Liberty St
S Church St
S Thomas St
S Michael Ct
S Tipton Ct
E Cambridge Ave
E Sequoia Ave
S Bradley St
S Pinnacle Ct
E Feem
ster Ave
W
Cypress Ave
S Tipton St
E Howard Ct
E Rose Ct
E Rose Ave
S Clark Ct
E P
rinceton C
t
E Castleview Dr
S Thomas Ct
E Iris Ave
W
Tam
m
y Ave
E Princeton Ave
E Rose Ave
E Cypress Ave
S Bradley St
E M
yrtle Ave
E M
yrtle Ave
S Church St
S Burke St
S Encina St
S Clark St
S Liberty St
S Court St
E Laurel Ave
S Santa Fe St
E Paradise Av
e
S Burke St
S Garden St
EVANS
TULARE AVE FROM EAST OF COURT TO WEST OF COTTA ±
1 inch = 600 feet
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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

PROFESSIONAL SERVICES AGREEMENT

FOR

PROFESSIONAL DESIGN SERVICES FOR TULARE AVENUE MAJOR STREET REHABILITATION

DEMAREE TO COTTA

This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and 4Creeks, Inc. hereinafter referred to as the “CONSULTANT”.

W I T N E S S E T H

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

WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” 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 unless the parties agree in writing to modify the Scope of Work, for the cost identified in Exhibit “B” - Project Fees and Exhibit “C” - Consultant Schedule of Fees.

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” – Project Fees. 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 the Exhibits, 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.

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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 writing signed by both parties.

III. COMPENSATION

A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a lump sum amount of two hundred and eighty-nine thousand forty-eight dollars ($289,048) as shown in Exhibit “B”. 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 and Project Fees 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 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 Project Manager 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: 4Creeks, Inc. 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 143

Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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:

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

2. Except with respect to 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

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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.

VII. 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. All contractors and subcontractors bidding and performing work on Public Works Projects (including Consultants and Sub-Consultants who employ or subcontract workers to perform any trade that has a prevailing wage designation such as surveyor) must:

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

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

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

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL

Consultant shall comply with the City of Visalia Labor Compliance Manual which is available at visaliapurchasing.org.

IX. 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.

X. SUBCONTRACTING

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

B. In no event shall the 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. 145

Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

XI. INDEPENDENT CONTRACTOR

In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons 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.

XII. SPECIFICATIONS

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

XIII. DOCUMENTS/DATA

A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional 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 the 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 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.”

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

XIV. 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 subconsultants 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 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.
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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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, 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

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.

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

XV. 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.

XVI. MISCELLANEOUS PROVISIONS

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

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.

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
4Creeks, Inc.
324 S Sante Fe, Suite A
Attention: Matthew Ainley, PE

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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.

N. 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.

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Professional Design Services for Tulare Avenue Major Street Rehabilitation Demaree to Cotta

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

CITY OF VISALIA CONSULTANT

________________________________ ________________________________ City Manager

Approved as to Form
________________________________
City Attorney
________________________________
Risk Manager
________________________________
Project Manager

Attachments:

Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees
Exhibit “C”: Consultant Schedule of Fees
Exhibit “D”: Contractor Affidavit
Exhibit “E”: Levine Act Statement

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February 26, 2025
Mr. Jonathan Frausto
Associate Engineer
City of Visalia
707 W. Acequia Ave.

Visalia, CA 93291

Subject: CIP 3010-72000/CP0602-99 Tulare Ave Stre et Rehab Project CM Services
Dear Mr. Frausto,

We have prepared a scope and estimated fee for the services required to complete the proposed project construction management, survey and public outreach services. Listed below is the scope of work that we are proposing to pro vide for the project and meet the needs of the City. The fee schedule attached refle cts this scope of work.

Task 1: Construction Management Services
• Review all plans and specifications at beginning of project for quality control purposes.
• Lead Pre-construction meeting with the contractor and C ity project manager. • Maintain Submittal, RFI, and Change Order tracking logs. • Review contractor’s Schedule, Submittals, and RFI’s. O ur understanding is that the design engineer has been retained to provide submittal re views and assist with RFI’s as deemed necessary during construction.
• Weekly meetings with the City and contractor. Provide progress reports and schedule updates at these meetings.
• Site meetings with Contractor, CM and inspector – Assum ed to be on an as needed basis.
• City staff to be present at major start up activities. • Coordinate with designated City inspector.
• Track all special inspections and materials testing for the project. 152

• Review all invoices and change orders submitted by contr actor and make recommendations for denial or acceptance for the City.
• Coordinating with the material testing consultant (determ ined by City) including recommending the appropriate type and level of testing serv ice, scheduling, monitoring, reviewing results, and addressing any issues as sociated with site testing, • Perform the required labor compliance verifications as lis ted in the LAPM • Make sure contractor provides all closeout items to Cit y.

The above Task 1 services estimate is $230,530 .

Task 2: Corner Records (Pre and Post Construction)
4Creeks will perform surveying related tasks related t o the preparation and filing of both Pre- Construction and Post-Construction Corner Records for this project. The aforementioned survey scope shall include the following items:
• Pre-construction Corner Records (assumed/approximately 3 9 monuments):
o Perform field visits to existing street monuments
o Prepare/take ties to existing monuments
o Prepare Corner Record for Pre-Construction condition and file with Tulare County Surveyor
• Post-construction Corner Records (assumed/approximately 39 monuments):
o Perform field visits to newly replaced street monume nts o Prepare/take ties to new monuments
o Prepare Corner Record for Post-Construction condition and file with Tulare County Surveyor
The above Task 2 services estimate is $100,010.

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Task 3: Public Outreach Services
The following scope of services will be performed as part of the Public Outreach Services program for this project. This work will be performed on a Lump Sum Fixed Fee basis as shown on the Fee Estimate.

Task A: Outreach Administration
The 4Creeks Marketing and Outreach team will work with the City to discuss project approach, scope of work and confirm strategy, tasks and schedul e. Our team will provide email updates to the city staff of our progress and ask for input on various items when needed.

Work Products:
• Hold a Marketing Kick Off meeting and conduct up to (3) mee tings with the City to confirm strategy, tasks and schedule as needed
• Documentation of outreach efforts and providing bi-weekly updates on outreach efforts to City as needed
• Develop outreach plan, schedule for digital advertising and project theme/design
• Coordinate with all vendors, news channels and newspaper as needed for marketing materials
• Coordinate posting and scheduling on social media platforms Task B: Outreach Meetings
The 4Creeks Marketing and Outreach team will coordinate, promote and staff (2) outreach meetings.

Work Products:
• Coordinate (2) outreach meetings for residents and com munity members. We assume 1 meeting will be held at a local school or sim ilar type of facility and 1 meeting will be held in the Council Chambers similar to outreach efforts on other large City projects.
• Visuals of proposed design for display
• PowerPoint & Projector
• Provide staff members to answer questions and help the events run smoothly • Provide a Spanish interpreter for the (2) outreach mee tings 154

City Responsibilities: Our understanding is that the City will provide the locations for the public outreach meetings. On past projects the City and our staff have worked with the school district to utilize one of the schools in the local area like El Diamante. Our cost does not include rental space to hold a meeting at.

Task C: Design (Print & Digital)
The 4Creeks Marketing and Outreach team will provide mode rn and eye-catching designs that will be used for print, and digital advertising for the duration of the project.

Designs will be in Spanish and English.

Work Products:
• Develop Project branding which includes: project logo, co lors and fonts • (10) Social Media Post Design templates
• Design of all Exhibits, posters or print material neede d for outreach meetings. (includes printing cost)
• Design website infographics to be used throughout the d uration of the project • Design printed material including: sign-in sheets, comment cards, brochures, and signs for impacted businesses
• Design (1) PowerPoint template for outreach meetings
• Coordinate with all vendors needed for marketing materials • Coordinate with news channels and local newspapers as nee ded Task D: Direct Mailers & Text Notification Capabilities The 4Creeks Marketing and Outreach team will provide the design and coordination of 1 mailer to notify the public about the public outreach meetings and the start of construction along with providing links and information about where the public can find project updates throughout construction. In addition, text notifications will be set up for people who sign up for updates to be provided throughout the duration of the project.

Work Products:
• Design and produce 1 set of postcards used for direct mai l. Our staff has assumed that 4,000 mailers may be needed for this task. • Set up and manage text notification system for the durati on of the project City Responsibilities: Our understanding is that the City will pay for postage cost for the mailers. This is not included in our fee. Our understanding is that the City will require the Contractor to maintain a 24 hour call in hotline for t he public throughout construction similar to what has been done on other large City projects . 155

Task E: Local Business Partnership
The 4Creeks Marketing and Outreach team will work with local businesses to make their customers aware of the upcoming traffic changes and work with them if they would like to provide (1) incentive social media post.

Work Products:
• Coordination with all impacted businesses in the area • (5) templates for social posting for businesses

Contractor Responsibilities
• Completing all other tasks required by the contractor doc uments.

City of Visalia Responsibilities
• Compensate the consultant as provided in the contract agre ement. • Provide the locations for the public outreach meetings . On past projects the City and our staff have worked with the school district to util ize one of the schools in the local area like El Diamante. Our cost does not include rental s pace to hold a meeting at. • Our understanding is that the City will pay for postage cost for the mailers. This is not included in our fee.
• Provide current email distribution lists for City dep artments and emergency service personnel so they can be notified about traffic impacts. • Our understanding is that the City will require the Cont ractor to maintain a 24 hour call in hotline for the public throughout construction similar to what has been done on other large City projects.
• Materials to be provided by the Agency: Unless otherwise specified in the Contract, the Consultant shall provide all materials to complete the required work in accordance with the delivery schedule and cost estimate outlined in ea ch Task. Materials (if deemed applicable, necessary, and when available from the City that may be furnished or made available by the City and where listed in the individual Ta sk Orders and this Contract, are for the Consultant’s use only, shall be returned at the end of the Contract. • The City will retain responsibility for all final consultation, both informal and formal, with State and Local agencies regarding project mitigation and compe nsation proposals. • Provide a “City Representative”, who will represent th e City and who will work with the consultant in carrying out the provisions of the con tract. The Consultant shall communicate with the City representative who will pr ovide the following services:
• Examine documents submitted to the City by the Consultan t and render timely decisions pertaining thereto.
156

• Give reasonably prompt consideration to all matters submit ted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work.
• Review and process invoices submitted by Consultant, or r equest additional information needed to justify the current billing reque st to the satisfaction of Caltrans requirements.
• The City will be the point of contact with any fundin g agencies. All correspondence with any funding agencies shall be issued by the City, in coordination with the Consultant.
• Provide consultant with project plans, specifications, City Standard Construction Management templates (if available), and other documentation necessary for completion of Consultant’s work.
• Act as coordinator between Consultant and other City re presentatives.

The above Task 3 services estimate is $43,600.

Total Estimated Fee for Tasks 1-3 = $374,140

The above services will be billed on a time and materials ba sis in accordance with the on-call contract and attached fee schedule. We will not exceed th e fee estimate without prior authorization or direction from the City.

Services Not Included in the Fee Estimate
• Materials Testing
• Building Code required Special Inspections/Materials Testi ng • Labor Compliance beyond the LAPM spot check requirements • Record of Survey or permanent property corner setting/ establishment (assumed to be done with design phase)
• Property acquisition legals, descriptions, documentation (assumed to be done with design phase)
• Fees associated with the CMIS program
• Any other service not specifically listed in the propos al

While the services above are excluded from this fee est imate, 4Creeks would be happy to provide some of these services on an additional time a nd materials basis if the City needs assistance.

157

If you have any questions or need any additional informatio n, please feel free to give us a call to discuss.

Sincerely,

Ian D. Williams, PE 86546 Matthew D. Ainley, PE 66233 Senior Construction Manager Principal-In-Charge

encl: Fee Estimate

Approval:

City Signature Date

158
This Fee Estimate assumes the project construction duration will be 120 working days. We assume work will start around April 2025 and end around September 2025. Alll work below will be
completed on a Time and Materials basis. Project Technician I Sr. Construction
Manager Construction Manager 2-Man Survey Crew Senior Surveyor Principal Land Surveyor Outreach
Coordinator
Associate Outreach
Coordinator Fixed Fee Subconsultant
Reimbursable
Expenses
$95.00 $196.00 $170.00 $300.00 $185.00 $215.00 $129.00 $108.00 1.00 1.00 Fee Varies Task 1 - Construction Management
Phase 1: Pre-Bid Services 40 40 $14,640
Utility Coordination 20 60 $14,120
General Const. Mgmt. & Project Coordination 60 400 $79,760 Maintain Submittal, RFI, & Change Order Logs 5 100 $17,980 Schedule, Submittal and RFI Review 100 $17,000
Weekly meetings 30 60 $16,080
Site Meetings with CM, Inspector & Contractor 10 60 $12,160 Process all Contractor invoices and change orders 40 $6,800 Track Materials Testing and Special Inspections 50 $8,500 Post-Construction Tasks: Project Punchlist & Closeout Items, Permitting, 40 120 $28,240
Admin Management Time 150 $14,250
Reimbursable Material & Mileage Costs $1,000.00 $1,000
$230,530
Task 2: Survey Monument Preservation
Pre-Construction Corner Records 100 98 40 $46,300
Pre Const Review Comments-Final 39 $3,705
Post-Construction Corner Records 100 98 40 $46,300
Post Const Review Comments-Finals 39 $3,705
$100,010
Task 4 - Public Outreach Fixed Fee)
Task A: Outreach Administration $8,500.00 $8,500
Task B: Outreach Meetings $7,500.00 $7,500
Task C: Design (Print & Digital) $11,700.00 $11,700
Task D: Direct Mailers & Text Notifications $11,400.00 $11,400 Task E: Local Business Partnership $4,500.00 $4,500
$43,600
TOTAL: 428 205 1030 196 80 0 0 0 $0 $1,000.00 $374,140
TOTAL
Tulare Avenue Improvements Project Fee Estimate
Fee Breakdown
I. Williams & R. Wasnick
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1 of 1

Effective January 29, 2025

4Creeks, Inc. Fee Schedule – Construction Management and Inspection Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Multi-Year contracts are subject to any subsequent changes in these rates. Fee schedules for the various billing categories are:

Classification Charges Per
Hour Classification Charges Per
Hour
Construction Inspection:
(Non-Prevailing Wage) Project/Program Management:

Associate Construction Inspector $130 Project Manager III $199 Construction Inspector $165 Project Manager II $182
Senior Construction Inspector $180 Project Manager I $146 Project Engineer III $122
Construction Management Project Engineer II $105
Associate Construction Manager $139 Project Engineer I $95 Construction Manager $170
Senior Construction Manager $196 Executive:

Principal Construction Manager $216 Executive Level III $232 Executive Level II $211
Public Outreach Coordination Executive Level I $191
Associate Outreach Coordinator $108
Outreach Coordinator $129

Prevailing Wage Rates:

Classification Charges Per
Hour Classification Charges Per
Hour
Construction Inspection:
(Prevailing Wage) Land Surveying (Prevailing Wage)
Cont’d.

Construction Inspector $170-$205 3-Man Survey Crew – Tulare County $395 Construction Inspector – Over Time $220-$305 3-Man Survey Crew – Fresno County $395 Construction Inspector – Double Time $260-$325 3-Man Survey Crew – Kings County $395 3-Man Survey Crew – Kern County $395
Land Surveying (Prevailing Wage) 3-Man Survey Crew – Merced County $395 1-Man Survey Crew – Tulare County $200
1-Man Survey Crew – Fresno County $200
1-Man Survey Crew – Kings County $200
1-Man Survey Crew – Kern County $200
1-Man Survey Crew – Merced County $200

2-Man Survey Crew – Tulare County $300
2-Man Survey Crew – Fresno County $300
2-Man Survey Crew – Kings County $300
2-Man Survey Crew – Kern County $300
2-Man Survey Crew – Merced County $300

Direct Charges
At cost plus fifteen percent (15%):
 Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day)  Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing  Equipment rentals, subcontractors, self-performing work, laboratory analyses  Website Hosting Fees: $15/mo. | $150/annual
Build
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161
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0132 Agenda Date: 4/21/2025 Agenda #: 8.

Agenda Item Wording:

Award a Contract for FY 24-25 Reclamite Project - Authorize the City Manager to award a contract with Talley Oil in the amount of $1,284,747.34 for the construction of the FY 24-25 Reclamite Project.

Deadline for Action: 4/21/2025
Submitting Department: Public Works
Contact Name and Phone Number:

Danny Galindo, Public Works Manager, [email protected], 713-4186 Nick Bartsch, Public Works Director, [email protected],713-4052 Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award a contract with Talley Oil in the amount of $1,284,747.34 for the construction of the FY 24-25 Reclamite Project (CIP 1410- 72000/CP0248-999 & CIP 2730-72000/CP8358-999).

Background Discussion:

This project includes the application of a reclamite rejuvenating agent to various streets identified in the City’sPavement Management Program. The work will be focused on specific streets located in the southwest quadrant of the city as shown in the attached map. Approximately 75 miles of pavement would be treated under this contract.

To increase the longevity of the pavement surface, preventative maintenance of streets that are still in good condition is critical. Applying Reclamite at this life-stage of the streets is beneficial as it extends the pavement life at a relatively inexpensive price. Without this preventive maintenance, as streets deteriorate further, future maintenance becomes more extensive and expensive.

A formal City bid process was conducted, and on April 9, 2025, City staff opened one (1) bid that was submitted for the project. In accordance with the bid documents, the bid was established by the total of the Base Bid, Alternate Bid 1, and Alternate Bid 2. The results are summarized below.

1. Talley Oil Madera, CA $1,284,747.34
Talley Oil submitted a responsive bid and provided the necessary components required per the specifications. It is Staff’srecommendation to award the Base Bid plus Alternate Bid 1 and 2 to Talley Oil. Talley Oil previously successfully completed the FY 22-23, and FY 23-24 Reclamite Projects for the City of Visalia. Talley Oil has performed quality and timely work in the past for the City of Visalia.

Many pavement maintenance techniques have been used by the City in past years. Reclamite has always been an effective and efficient method to prolong a street’spavement condition. As in past years, advanced public notifications to residents adjacent to the work area will occur to inform them Visalia City Council Printed on 4/18/2025Page 1 of 3
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File #: 25-0132 Agenda Date: 4/21/2025 Agenda #: 8.
years, advanced public notifications to residents adjacent to the work area will occur to inform them of what to expect during the project. In contrast with other, more invasive, pavement maintenance methods, the Reclamite process is a quick, low-impact operation that only affects residents and businesses by periodically limiting access over the course of a single day during construction. Staff believes that if the public is informed of the Reclamite process and the contractor follows all the necessary precautions, this pavement maintenance technique will continue to be successful.

Reclamite is a pavement preventative maintenance technique best utilized on roadways with good pavement conditions as indicated by a Pavement Condition Index (PCI) of 55 or higher. The Pavement Condition Index is a number assigned to a pavement segment based on its condition.

Pavement is ranked on a scale of failed (10 or less), very poor (10-25), poor (25-40), fair (40-55), good (55-70), very good (70-85), and excellent (85-100).

Reclamite application extends the pavement life by five or more years at a relatively low cost by replenishing components of the asphalt that are lost from exposure to the elements and the aging process. The application restores flexibility and preserves the durability of existing asphalt.

The process consists of the application of an asphalt rejuvenating agent made of petroleum oils and resins emulsified with water. After the rejuvenating agent penetrates the pavement, a coating of dry sand will be applied to the surface in sufficient amount to absorb excess oil and provide a friction course to prevent skidding. Once the excess oil has been absorbed, the sand is swept.

Historically, street segments selected for the City’sReclamite projects have been grouped in the four quadrants of the City for cost efficiency, leading to the lowest bids possible. Traditionally, one quadrant of the city is completed each year. The optimum application rate is approximately every 5 years. This year, roadways in the southwest quadrant of the City were identified for the current application. The table below identifies the cycle and planned years of application:

Quadrant Cycle Year
Northwest 2024
Southwest 2025
Southeast 2026
Northeast 2027
Off 2028
Fiscal Impact:

This project is funded by Measure N and Landscape and Lighting Districts (L&L). Since L&L District funds can only be used in the respective L&L district, the project is split into two:

CP0248 - Measure N
CP8358 - L&L
Each L&L District maintains its own fund balance for which any maintenance activity (i.e. landscaping, pavement rehabilitation, etc.) performed within that district is charged. Older assessment districts were not assessed to cover pavement rehabilitation maintenance at the time. In these cases, Measure N Funds are used to cover costs.

Visalia City Council Printed on 4/18/2025Page 2 of 3
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File #: 25-0132 Agenda Date: 4/21/2025 Agenda #: 8.

The Measure ‘N’ Reclamite Project (1410-72000/CP0248-999) has an available budget of $1,400,000. The L&L Reclamite Project (2730-72000/CP8358-999) has an available budget of $33,000.

Prior Council Action: On 11-18-2024 Council authorized the City Manager to file a notice of completion for the FY 23-24 Reclamite Project.

Other: N/A
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I motion to authorize the City Manager to execute an agreement for RFB 24-25-27 in the amount $1,284,747.34 for the construction of the Reclamite Project with Talley Oil.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Bid Summary
Bid Package
Reclamite Project Map
Visalia City Council Printed on 4/18/2025Page 3 of 3
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0137 Agenda Date: 4/21/2025 Agenda #: 9.

Agenda Item Wording:

Authorize staff to apply for grant for Independence Spectacular community event - Grant is through the San Joaquin Valley Air District for Clean Alternative to Fireworks.

Deadline for Action: 4/21/2025
Submitting Department: Community Services
Contact Name and Phone Number: Jason Glick, Parks & Recreation Director, [email protected] (559)713-4042 and Laurissa Roggenkamp, Recreation Manager [email protected] (559)713-4336
Department Recommendation:

It is recommended that City Council authorize the City Manager to designate and authorize Parks & Recreation Director, Jason Glick as the City’srepresentative, to apply for and implement the clean alternative to fireworks grant program. The grant funding will support the 2nd Annual Independence Spectacular drone show.

Background Discussion:

In 2024 the City hosted the Inaugural Independence Spectacular event on July 3rd. This community event featured free admission, live music, free kids amusement area, community services information booths, food and boutique vendors, and the night accumulated with two drone shows synced to music. The drone shows were approximately 12 minutes in length with 200 drones, show times were 9pm and 10pm.

The 2024 event was supported by funding from the City’sGeneral Fund, grant sponsorship from San Joaquin Vally Air District, and in-kind contributions and support from Momentum Broadcasting, Bueno Beverage, and the Visalia Community Enhancement Foundation. As the inaugural event, the event was highly successful with an estimated 5,000 community members in attendance.

In the planning of the 2025 event, staff have identified a grant opportunity through the San Joaquin Valley Air District. They are accepting applications for the Clean Alternatives to Fireworks Pilot Incentive Program. This program is offered to public and private entities to fund clean firework alternatives, such as drone light shows, in lieu of fireworks displays performed within the their boundaries in celebrations for the Fourth of July or New Year’sEve, and other celebratory public gatherings.

The City of Visalia is an eligible applicant for the second portion of funding. San Joaquin Valley Air District is first solicitating applications who have not previously received funding, for the first 30 days of the solicitation period, priority will be given to applicants that have not previously received funding for the Clean Alternatives to Fireworks Pilot Incentive Program. The City of Visalia was a recipient of funding for the inaugural 2024 Independence Spectacular. Subsequent eligible applications received Visalia City Council Printed on 4/18/2025Page 1 of 2
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File #: 25-0137 Agenda Date: 4/21/2025 Agenda #: 9.
will be awarded funding on a first-come, first serve basis until program funds are exhausted.

An applicant may request grant funding up to 50% of total eligible costs, but cannot exceed $20,000.

Eligible costs include contractor costs for approved clean alternatives to fireworks and local permitting costs for the event. With these parameters, staff hopes to be awarded up to $20,000 for the eligible cost of the drone light show contractor expenses. Staff went through the Request for Proposal process and received proposals from vendors for the drone show. The awarded project includes 300 drones, an increase of 100 drones from prior year, and two showtimes. The cost for the drone show portion of the event totals $45,000. Grant applications are due Friday, May 2, 2025.

San Joaquin Valley Air District requires public agencies to provide a formal action of the governing body (i.e. City Council), authorizing the submittal of the application and identifying the individual and/or title of the individual authorized to implement the clean alternative to fireworks program.

In addition to applying for this grant, staff are also procuring monetary sponsorships. Momentum, Bueno Beverage, and the Visalia Community Enhancement Foundation are continuing their support of the event and will be providing a variety of in-kind supports which will include providing several live music acts and additional amusements and enhancements to the event.

Fiscal Impact:

Any awarded funding will be utilized towards the cost of the alternative to fireworks aerial drone show display at the 2025 Independence Spectacular. The City will be required to spend an amount equal to the amount of any award, up to $20,000 to match the 50% of costs eligible under the grant. The City currently has $21,948 remaining in 2024/25 and an additional $40,000 in the 2025/26 Capital budget (available July 1, 2025) for 4th of July Fireworks (CP0237).

Prior Council Action: February 20, 2024 Council Approved staff to apply for the 2024 Clean Alternatives to Fireworks Pilot Incentive program.

Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

City Council authorizes the City Manager to designate and authorize Parks & Recreation Director, Jason Glick as the City’srepresentative, to apply for and implement the clean alternative to fireworks grant program.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Clean Alternatives to Fireworks Pilot Incentive Program Guidelines and Application.

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SJVAPCD Clean Alternatives to Fireworks Pilot Incentive Program March 2025 Program Guidelines