Visalia City Council
May 5, 2025

PROFESSIONAL SERVICES AGREEMENT

Loan Servicing

This Agreement, entered into this 1st day of July, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and AmeriNational Community Services, LLC d/b/a AmeriNat, a corporation organized and existing under the laws of the State of Minnesota, located at 217 South Newton Avenue, Albert Lea, MN 56007, 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 Exhibit “A”, and hereinafter referred to as the “PROJECT” for the period of July 1, 2025, through June 30, 2030; 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, for the cost identified in Exhibit “B” - Project Fee.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “B ” – Fee Structure and Schedules . 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 five (5) days following City Council approval of this Agreement and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion.

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

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

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III. COMPENSATION

A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay, and the CONSULTANT agrees to accept, as payment in full, a sum not to exceed One Hundred Forty -Nine Thousand and One Hundred Ninety D ollars ($ 149,190). 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”.

B. Payment of Compensation : The CONSULTANT shall be compensated according to the progress payment schedule set forth in Attachment 1 upon completion of percentage of each noted phase . 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 , Margie Perez, Housing Specialist 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: AmeriNat 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 sixty (60) 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 sixty (60) 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 ten (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.

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2. Except with respect to defaults of subconsultants, 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 subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant 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.

7. The CONSULTANT operates under the regulation and jurisdiction of various licensing authorities including your State authorities, the requirements of which may vary from time to time. If CONSULTANT’S authority to service loans in your State were to be modified and/or revoked due to changes in circumstances or regulation, CONSULTANT will provide prompt notice of its requirement to terminate services and will terminate services before the latest available date as allowed by regulatory authority. Termination under this provision will not be deemed to be a default by CONSULTANT, and no liability will exist to reimburse City for any losses incurred as a result of the termination. If services are terminated under this provision the City will not be liable to Consultant for any transfer fees specified in the fee section of this agreement.

VI. INTEREST OF OFFICIALS AND THE CONSULTANT

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

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

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

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in 246
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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. NO PERSONNEL, AGENCY, OR COMMISSION

The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover , the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

VIII. SUBCONTRACTING

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

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

IX. INDEPENDENT CONTRACTOR

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

X. SPECIFICATIONS

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

XI. DOCUMENTS/DATA

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

Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without 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 247
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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.

XII. INDEMNIFICATION AND INSURANCE

A. As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONSULTANT’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY. CONSULTANT’S liability under this paragraph is limited to the amount Consultant has been paid in servicing fees under the program.

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

C. 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, defense costs, liability, or consequential damages 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.

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).

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

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

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

“This insurance shall not be canceled, limited in scope or coverage, or non -renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA 93291.”

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.

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

XIII. NON-DISCRIMINATION

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

XIV. MISCELLANEOUS PROVISIONS

A. 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.

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

C. 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 , which such consent shall not be unreasonably withheld.

D. 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.

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: Housing Specialist
AmeriNat
217 South Newton Ave.

Albert Lea, MN 56007
Attention: Micki Abel

F. 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.

G. 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 250
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respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.

H. 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.

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

J. 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.

K. 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.

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

M. Penalties and Assessments related to 1098 reporting : If the services to be provided under this agreement include the acceptance of loan payments, Consultant will submit the required 1098 tax forms to the Internal Revenue Service for any and all borrowers making interest payments. If the loan data provided by the City does not include a social security number for a borrower(s), Consultant will exercise all reasonable means to obtain such social security number(s). Consultant will also notify the City, at a minimum of one time annually, of any social security numbers which remain missing.

If the lack of an available social security number(s) results in a penalty or fine assessed by the Internal Revenue Service, the City will be notified of the amount of the penalty and fine, and will immediately reimburse Consultant for any such penalty or fine paid or to be paid.

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

CITY OF VISALIA CONSULTANT

___________________________ ___________________________ Leslie Caviglia, City Manager Adrienne Thorson, Chairperson, CEO

Approved as to Form

___________________________
Ken Richardson, City Attorney

___________________________
Diane Lopez, Risk Manager

_________________________________
Margie Perez, Project Manager
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Exhibit “A”: Scope of Work

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Exhibit “B”: Project Fees

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0161 Agenda Date: 5/5/2025 Agenda #: 5.

Agenda Item Wording:

Accept the City of Visalia Cash and Investment Report - Accept the City of Visalia Cash and Investment Report for the third quarter of the fiscal year which consists of months January, February, and March of 2025.

Deadline for Action: 5/5/2025
Submitting Department: Finance and Technology Services
Contact Name and Phone Number: Jason Montgomery, Finance Manager 713-4425 [email protected]; Renee Nagel, Finance Director 713-4375 [email protected] Department Recommendation:

Staff recommends that the Council accept the City of Visalia Cash and Investment Report for the third quarter of the fiscal year which consists of months January, February, and March of 2025.

Background Discussion:

The City accumulates significant cash assets before they are spent on a variety of governmental operations. For example, several large capital projects have accumulated substantial cash as they approach the start of the projects in the near future, or in some cases, have already begun. Some of these projects are the Eastside Park-Basin G, cape seal of various streets, Shirk Street improvements, and the major rehab of Caldwell Avenue from Santa Fe to Lovers Lane. Some examples of large projects that cash has been accumulated for that have not started are the Civic Center Phase 2 project, and any potential mandated upgrades to the Water Reclamation Facility.

The quarterly investment report is intended to inform the City Council and community about the status of City investments and holds staff accountable for the investment and management of these funds.

City Investment Policy
The City’sinvestments are diversified by the various maturities and credit types which are allowed under the City’sInvestment Policy and California Government Code Section 53600 et seq. It is the policy of the City to invest public funds in a manner which will provide the greatest security with the maximum investment return while meeting the daily cash flow demands of the City and conforming to all state and local statutes governing the investment of public funds.

The City continues to be conservative and prudent with the investment objectives, which in order of priority is safety, liquidity, and yield, while maintaining compliance with federal, state, and local laws and regulations. These investments will enable the City to meet expenditure requirements for the next six months, as required by state law.

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Economic Outlook
On March 31, 2025, the national unemployment rate had increased slightly to 4.2%. The Consumer Price Index was at 2.39%, a decrease from the December 2024 rate of 2.89%. At its March 19, 2025 meeting, the Federal Open Market Committee (FOMC) kept the Federal Funds Rate (the rate at which institutions borrow and lend overnight funds to each other) at the current range of 4.25% to

4.50% as they expect slower growth and higher inflation by the end of the year, partially as the result of recently implemented tariffs and the potential for retaliatory actions.

Movements of the Federal Funds Rate are closely linked to Treasury Security rates; as the Federal Funds Rate decreases, typically so do Treasury Security rates. Treasury Securities are investments that the City can purchase and are key benchmarks for other financial assets that the City can purchase (i.e.: Federal Agency’s). Table I shows the rate comparison of the Federal Funds Rate and short-term Treasury Securities between the second and third quarters of the fiscal year as well as recent rates. Since December, rates have come down and have remained steady over the last month. The City remains laddered across all maturities.

December 2024
(2nd Quarter-FY24/25)
March 2025
(3rd Quarter-FY24/25) April 25, 2025
Federal Funds Rate 4.25% - 4.50% 4.25% - 4.50% 4.25% - 4.50% 6 month Treasury 4.26% 4.22% 4.18%
1 year Treasury 4.14% 4.02% 3.94%
2 year Treasury 4.24% 3.88% 3.75%
3 year Treasury 4.27% 3.88% 3.75%
4 year Treasury 4.32% 3.92% 3.81%
5 year Treasury 4.38% 3.95% 3.88%
Table I
Portfolio Performance
The March 31, 2025 investment portfolio managed balance was $609,390,620.

The earnings rate as of March 31, 2025 was 3.85%. Key benchmarks and performance statistics for the City’s portfolio are shown inTable II, Managed Portfolio Performance Statistics.

Table II: Managed Portfolio Performance Statistics (dollars in millions) Quarter Ending Portfolio Balance
City Monthly
Portfolio Rate

LAIF & CAMP
Balance LAIF Rate
2 YR
Treasury
Weighted Average
Maturity (WAM)
December 2024 $608.9 3.82% $89.7 4.48% 4.24% 632 Days
March 2025 $609.4 3.85% $64.1 4.34% 3.88% 673 Days
Fiscal Year Average
2024/2025 $598.2 3.80% 4.47%
The following Charts I and II show the portfolio ladder and distribution as of March 31, 2025. The portfolio ladder (Chart I - Maturity Ladder) shows our investments based on when they are to mature (ie. 1 year and under, 1-2 years, 2-3 years, etc…). The City invests in different maturity dates to take advantage of different earnings rates (usually the longer the maturity, the higher the earning rate) as Visalia City Council Printed on 4/30/2025Page 2 of 5
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well as to spread out maturities so that the proceeds are reinvested at regular intervals. In addition, the City will keep funds needed for operating costs in short-term maturities, while investing funds in longer term maturities for those funds that are not yet needed (future projects). Chart II - Maturity Distribution shows what percent each maturity level is of the total investment portfolio.

Chart I
Maturity Ladder
· Note: Percent above each bar represents the average interest earnings rate for that maturity level Chart II
Maturity Distribution
Table III: 3rd Quarter Investment Activity, shows investment activity for the quarter (January 2025 - March 2025).

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Table III: 3rd Quarter Investment Activity

TYPE YIELD COUPON AMOUNT MATURITY DATE

PURCHASE
DATE
Maturities
Federal Home Loan Bank Agency 4.25% 4.65% 3,000,000$ 01/06/2025 04/27/2023 Federal National Mortgage Assn. Agency 0.36% 1.63% 2,000,000 01/07/2025 10/06/2020 U.S. Treasury Treasury 0.52% 1.38% 2,000,000 01/31/2025 03/01/2021 Federal Home Loan Mortgage Corp. Agency 0.74% 1.50% 3,000,000 02/12/2025 10/21/2021 Toyota Motor Credit Corporate 2.30% 1.80% 5,000,000 02/13/2025 03/11/2022 U.S. Treasury Treasury 0.52% 2.00% 2,000,000 02/15/2025 03/01/2021 Federal Home Loan Bank Agency 5.29% 5.06% 3,000,000 02/25/2025 04/30/2024 Federal Home Loan Bank Agency 5.24% 5.00% 2,000,000 02/26/2025 05/08/2024 Federal Home Loan Bank Agency 5.17% 5.00% 2,000,000 02/26/2025 07/24/2024 Federal Home Loan Bank Agency 4.93% 5.00% 2,000,000 02/28/2025 08/27/2024 Federal Farm Credit Agency 5.04% 5.00% 2,000,000 03/10/2025 04/04/2024 Federal Home Loan Bank Agency 4.22% 4.63% 2,000,000 03/14/2025 03/28/2023 U.S. Treasury Treasury 2.36% 2.63% 5,000,000 03/31/2025 03/24/2022 Citigroup Corporate 4.75% 4.75% 3,000,000 06/30/2025 (Fully Called 03/31/2025)06/30/2022 38,000,000$
Purchases
Toyota Motor Credit Corporate 5.07% 4.95% 5,000,000$ 01/09/2030 01/14/2025 PepsiCo Corporate 4.36% 3.00% 4,000,000 10/15/2027 01/28/2025 U.S. Treasury Treasury 4.29% 4.00% 5,000,000 01/31/2029 02/04/2025 U.S. Treasury Treasury 4.31% 4.25% 5,000,000 01/31/2030 02/04/2025 U.S. Treasury Treasury 4.14% 4.25% 4,000,000 01/31/2026 02/07/2025 U.S. Treasury Treasury 4.15% 4.13% 4,000,000 01/31/2027 02/07/2025 U.S. Treasury Treasury 4.18% 3.50% 4,000,000 01/31/2028 02/07/2025 U.S. Treasury Treasury 4.22% 4.00% 4,000,000 02/29/2028 02/18/2025 U.S. Treasury Treasury 4.23% 4.25% 3,000,000 02/15/2028 02/21/2025 U.S. Treasury Treasury 4.29% 4.25% 3,000,000 02/28/2029 02/21/2025 U.S. Treasury Treasury 4.07% 4.63% 3,000,000 02/28/2026 02/26/2025 U.S. Treasury Treasury 4.03% 4.25% 3,000,000 03/15/2027 02/26/2025 PepsiCo Corporate 4.19% 3.00% 2,280,000 10/15/2027 02/26/2025 Walmart Inc. Corporate 4.17% 3.90% 3,106,000 04/15/2028 02/26/2025 Walmart Inc. Corporate 4.07% 3.70% 4,000,000 06/26/2028 03/12/2025 CA ST Muni 4.31% 5.13% 3,000,000 09/01/2029 03/27/2025 59,386,000$
Fiscal Impact: n/a
Prior Council Action: City of Visalia Cash and Investment Reports are reviewed and accepted quarterly.

Other: n/a
Alternatives: n/a
Recommended Motion (and Alternative Motions if expected):

Move to accept the City of Visalia Cash and Investment Report for the third quarter of the fiscal year which consists of months January, February, and March of 2025.

Environmental Assessment Status: n/a
CEQA Review: n/a
Visalia City Council Printed on 4/30/2025Page 4 of 5
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File #: 25-0161 Agenda Date: 5/5/2025 Agenda #: 5.

Attachments: Attachment #1, City of Visalia Cash and Investment Summary Attachment #2, City of Visalia Investment Report by Maturity Date Visalia City Council Printed on 4/30/2025Page 5 of 5
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Attachment #1

% of
Security Investments Par Value Book Value Market Value Portfolio Yield Medium-Term Corporate Bonds 91,086,000$ 87,536,775$ 89,346,397$ 14.66% Agency's 190,976,000 187,161,883 190,381,306 31.24% U.S. Treasury's 94,000,000 91,265,497 92,845,440 15.24% Municipal Bonds 177,835,000 168,374,277 172,585,125 28.32% Total Security Investments 553,897,000$ 534,338,432$ 545,158,268$ 89.46% Other Investments
Local Agency Investment Fund (LAIF) 20,082,026$ 20,082,026$ 20,082,026$ 3.30% California Asset Management Program (CAMP) 44,017,078 44,017,078 44,017,078 7.22% Local Bonds 133,248 133,248 133,248 0.02% Total Other Investments 64,232,352$ 64,232,352$ 64,232,352$ 10.54% Total Investments 618,129,352$ 598,570,784$ 609,390,620$ 100.0% 3.85% Cash with Fiscal Agents
US Bank 2014 COP (Convention Center Refinancing) 5$
US Bank 2015 COP (VECC Loan) 17,862
US Bank 2003 East Visalia RDA 303,482
US Bank - Custodial Account 35,229
Accel (Workers Comp Excess Liability Deposit) 82,255
Delta Dental (Dental Prefunding) 60,700
Keenan & Associates (Workers Comp Prefunding) 488,346
Total Cash with Fiscal Agents 987,879$
Cash in Banks and Other Cash
Citizens Business Bank (Sweep and Operating)-estimate 7,302,016$ Petty Cash - Various City Offices 11,850
Total Cash in Banks and Other Cash 7,313,866$
Total Cash and Investments 617,692,365$
City of Visalia
Cash and Investment Summary
Quarter Ended March 31, 2025
275
Attachment #2

Investments Type Par Value Book Value Market Value Coupon Yield % of
Portfoli
o Maturity
S&P/Moody's
Credit Rating
Days to
Maturity
Bay Area Toll Authority Muni 3,000,000.00$ 2,925,780.00$ 3,000,000.00$ 2.33% 4.70% 0.49% 04/01/25 AA 1 Federal Home Loan Bank Agency 3,000,000.00$ 2,998,470.00$ 3,000,450.00$ 5.20% 5.22% 0.49% 04/09/25 AA+ 9 Federal National Mortgage Association Agency 2,000,000.00$ 1,928,520.00$ 1,995,640.00$ 0.63% 0.59% 0.33% 04/22/25 AA+ 22 Federal National Mortgage Association Agency 2,000,000.00$ 1,928,520.00$ 1,995,640.00$ 0.63% 3.15% 0.33% 04/22/25 AA+ 22 Federal National Mortgage Association Agency 2,000,000.00$ 1,928,520.00$ 1,995,640.00$ 0.63% 5.23% 0.33% 04/22/25 AA+ 22 Federal Farm Credit Agency 5,000,000.00$ 4,903,100.00$ 4,994,600.00$ 2.75% 2.75% 0.82% 04/25/25 AA+ 25 Federal Home Loan Bank Agency 3,000,000.00$ 3,012,576.00$ 3,001,350.00$ 5.20% 4.50% 0.49% 04/25/25 AA+ 25 Citigroup Corporate 5,000,000.00$ 4,915,100.00$ 4,988,500.00$ 4.00% 4.00% 0.82% 05/13/25 A 43 University of California Revenue Muni 2,000,000.00$ 1,952,800.00$ 1,995,300.00$ 2.59% 4.20% 0.33% 05/15/25 AA- 45 University of California Revenue Muni 2,140,000.00$ 2,139,721.80$ 2,142,311.20$ 5.79% 5.00% 0.35% 05/15/25 AA- 45 John Deere Capital Corp. Corporate 2,000,000.00$ 1,963,480.00$ 1,995,560.00$ 3.40% 5.18% 0.33% 06/06/25 A 67 Federal Home Loan Bank Agency 2,000,000.00$ 1,916,120.00$ 1,984,800.00$ 0.63% 0.52% 0.33% 06/13/25 AA+ 74 Federal Home Loan Bank Agency 2,000,000.00$ 1,992,460.00$ 2,001,280.00$ 4.75% 4.97% 0.33% 06/13/25 AA+ 74 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,860.00$ 2,002,920.00$ 5.13% 4.79% 0.33% 06/13/25 AA+ 74 Federal National Mortgage Association Agency 2,000,000.00$ 1,913,280.00$ 1,983,620.00$ 0.50% 0.46% 0.33% 06/17/25 AA+ 78 Federal Farm Credit Agency 2,000,000.00$ 1,989,520.00$ 2,000,900.00$ 4.63% 4.96% 0.33% 06/20/25 AA+ 81 Federal Farm Credit Agency 2,000,000.00$ 1,997,660.00$ 2,002,720.00$ 5.00% 5.07% 0.33% 06/25/25 AA+ 86 Los Angeles School District Muni 3,345,000.00$ 3,210,229.95$ 3,319,845.60$ 1.25% 1.09% 0.54% 07/01/25 Aa2 92 University of California Revenue Muni 3,000,000.00$ 2,937,210.00$ 2,989,830.00$ 3.06% 4.70% 0.49% 07/01/25 AA 92 University of California Revenue Muni 3,000,000.00$ 2,937,210.00$ 2,989,830.00$ 3.06% 5.10% 0.49% 07/01/25 AA 92 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,905,500.00$ 1,976,380.00$ 0.38% 4.88% 0.32% 07/21/25 AA+ 112 JP Morgan Chase Co. Corporate 1,450,000.00$ 1,427,670.00$ 1,447,056.50$ 3.90% 1.07% 0.24% 07/15/25 A 106 Federal Home Loan Mortgage Corporation Agency 2,996,000.00$ 2,854,439.00$ 2,960,617.24$ 0.38% 0.46% 0.49% 07/21/25 AA+ 112 Los Angeles Commty College Muni 5,000,000.00$ 4,776,050.00$ 4,941,950.00$ 0.77% 0.97% 0.81% 08/01/25 AA+ 123 Pittsburg CA Unified School District Muni 4,375,000.00$ 4,335,187.50$ 4,367,037.50$ 4.15% 5.00% 0.72% 08/01/25 A1 123 U.S. Treasury Treasury 2,000,000.00$ 1,958,040.00$ 1,991,360.00$ 3.13% 4.38% 0.33% 08/15/25 Aaa 137 Federal National Mortgage Association Agency 2,000,000.00$ 1,896,200.00$ 1,969,260.00$ 0.38% 5.14% 0.32% 08/25/25 AA+ 147 Federal National Mortgage Association Agency 2,000,000.00$ 1,936,928.00$ 1,969,260.00$ 0.38% 3.99% 0.32% 08/25/25 AA+ 147 San Jose Community College District Muni 1,250,000.00$ 1,249,612.50$ 1,253,625.00$ 5.00% 4.80% 0.21% 09/01/25 AA+ 154 Federal Home Loan Bank Agency 2,000,000.00$ 1,935,232.00$ 1,966,600.00$ 0.38% 3.99% 0.32% 09/04/25 AA+ 157 WalMart Inc. Corporate 3,000,000.00$ 2,956,950.00$ 2,995,650.00$ 3.90% 4.11% 0.49% 09/09/25 AA 162 John Deere Capital Corp. Corporate 2,000,000.00$ 1,956,940.00$ 1,992,560.00$ 3.40% 4.27% 0.33% 09/11/25 A 164 Federal Home Loan Bank Agency 3,000,000.00$ 2,893,140.00$ 2,966,010.00$ 1.75% 1.33% 0.49% 09/12/25 AA+ 165 Los Angeles School District Muni 5,000,000.00$ 4,779,800.00$ 4,933,150.00$ 1.54% 1.58% 0.81% 09/15/25 AA- 168 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,890,240.00$ 1,962,800.00$ 0.38% 0.44% 0.32% 09/23/25 AA+ 176 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,890,240.00$ 1,962,800.00$ 0.38% 0.90% 0.32% 09/23/25 AA+ 176 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,929,620.00$ 1,962,800.00$ 0.38% 3.94% 0.32% 09/23/25 AA+ 176 Federal Home Loan Mortgage Corporation Agency 2,000,000.00$ 1,892,540.00$ 1,963,580.00$ 0.55% 0.55% 0.32% 09/30/25 AA+ 183 CA ST Muni 3,000,000.00$ 3,005,700.00$ 3,018,330.00$ 5.50% 4.74% 0.50% 10/01/25 AA- 184 Procter & Gamble Co. Corporate 3,000,000.00$ 2,829,750.00$ 2,935,950.00$ 0.55% 0.69% 0.48% 10/29/25 AA- 212 CA State Muni 2,000,000.00$ 1,943,000.00$ 1,985,680.00$ 3.00% 0.70% 0.33% 11/01/25 AA- 215 CA State University Muni 5,555,000.00$ 5,247,419.65$ 5,448,344.00$ 0.89% 1.63% 0.89% 11/01/25 AA- 215 CA ST Public Works Board Lease Revenue Muni 1,515,000.00$ 1,513,197.15$ 1,515,015.15$ 4.38% 4.50% 0.25% 11/01/25 A+ 215 Federal National Mortgage Association Agency 2,000,000.00$ 1,884,500.00$ 1,954,620.00$ 0.50% 0.68% 0.32% 11/07/25 AA+ 221 Federal National Mortgage Association Agency 2,000,000.00$ 1,884,500.00$ 1,954,620.00$ 0.50% 1.13% 0.32% 11/07/25 AA+ 221 U.S. Bancorp Corporate 3,000,000.00$ 2,943,270.00$ 2,990,430.00$ 3.95% 0.75% 0.49% 11/17/25 A 231 Federal Home Loan Bank Agency 2,000,000.00$ 1,988,400.00$ 2,004,260.00$ 4.50% 4.22% 0.33% 12/12/25 AA+ 256 Federal Home Loan Bank Agency 2,000,000.00$ 2,010,356.00$ 2,004,260.00$ 4.50% 4.08% 0.33% 12/12/25 AA+ 256 Federal Farm Credit Agency 2,000,000.00$ 1,999,738.00$ 1,999,820.00$ 4.25% 4.26% 0.33% 12/19/25 AA+ 263 Toyota Motor Credit Corporate 2,000,000.00$ 1,874,440.00$ 1,947,140.00$ 0.80% 4.85% 0.32% 01/09/26 A+ 284 Federal Farm Credit Agency 2,000,000.00$ 1,971,560.00$ 1,997,840.00$ 4.00% 4.00% 0.33% 01/13/26 AA+ 288 John Deere Capital Corp. Corporate 3,000,000.00$ 2,804,460.00$ 2,916,540.00$ 0.70% 0.74% 0.48% 01/15/26 A 290 Federal Farm Credit Agency 3,000,000.00$ 3,006,510.00$ 3,020,160.00$ 5.00% 5.03% 0.50% 01/29/26 AA+ 304 U.S. Treasury Treasury 4,000,000.00$ 4,004,312.48$ 4,004,160.00$ 4.25% 4.14% 0.66% 01/31/26 Aaa 306 Federal Farm Credit Agency 3,000,000.00$ 3,001,911.00$ 2,999,640.00$ 4.13% 4.08% 0.49% 02/23/26 AA+ 329 U.S. Treasury Treasury 3,000,000.00$ 3,016,242.18$ 3,013,260.00$ 4.63% 4.07% 0.49% 02/28/26 Aaa 334 Federal Farm Credit Agency 2,000,000.00$ 1,992,920.00$ 2,009,640.00$ 4.63% 4.72% 0.33% 03/05/26 AA+ 339 Federal Farm Credit Agency 2,000,000.00$ 1,995,440.00$ 2,012,420.00$ 4.75% 4.10% 0.33% 03/09/26 AA+ 343 Charles Schwab Corp. Corporate 4,000,000.00$ 3,709,240.00$ 3,867,440.00$ 0.90% 1.04% 0.63% 03/11/26 A- 345 Federal Home Loan Bank Agency 2,000,000.00$ 1,976,620.00$ 2,000,060.00$ 4.13% 4.28% 0.33% 03/13/26 AA+ 347 CA State Muni 3,400,000.00$ 3,261,484.00$ 3,350,496.00$ 2.65% 0.97% 0.55% 04/01/26 AA- 366 CA State Muni 1,320,000.00$ 1,266,223.20$ 1,300,780.80$ 2.65% 3.18% 0.21% 04/01/26 AA- 366 Bay Area Toll Authority Muni 2,405,000.00$ 2,300,021.75$ 2,365,437.75$ 2.43% 4.90% 0.39% 04/01/26 AA 366 Bay Area Toll Authority Muni 3,000,000.00$ 2,869,050.00$ 2,950,650.00$ 2.43% 4.69% 0.48% 04/01/26 AA 366 Federal National Mortgage Association Agency 2,000,000.00$ 1,908,580.00$ 1,959,760.00$ 2.13% 4.19% 0.32% 04/24/26 AA+ 389 Federal National Mortgage Association Agency 2,000,000.00$ 1,908,580.00$ 1,959,760.00$ 2.13% 4.95% 0.32% 04/24/26 AA+ 389 Federal Farm Credit Agency 2,000,000.00$ 2,000,940.00$ 2,016,540.00$ 4.88% 4.96% 0.33% 04/24/26 AA+ 389 Amazon.Com Inc. Corporate 3,000,000.00$ 2,790,960.00$ 2,899,740.00$ 1.00% 1.02% 0.48% 05/12/26 AA 407 Federal Farm Credit Agency 2,000,000.00$ 2,007,540.00$ 2,021,220.00$ 5.00% 4.77% 0.33% 06/04/26 AA+ 430 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,660.00$ 2,016,240.00$ 4.75% 4.42% 0.33% 06/12/26 AA+ 438 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,660.00$ 2,016,240.00$ 4.75% 4.50% 0.33% 06/12/26 AA+ 438 City of Visalia
Investment Report
By Maturity Date
03/31/2025
276
City of Visalia
Investment Report
By Maturity Date
03/31/2025 (cont.)

John Deere Capital Corp. Corporate 1,250,000.00$ 1,157,837.50$ 1,203,487.50$ 1.05% 0.91% 0.20% 06/17/26 A 443 U.S. Treasury Treasury 3,000,000.00$ 2,782,980.00$ 2,886,690.00$ 0.88% 1.61% 0.47% 06/30/26 Aaa 456 Federal Farm Credit Agency 3,000,000.00$ 3,010,986.00$ 3,021,450.00$ 4.63% 4.43% 0.50% 07/10/26 AA+ 466 U.S. Treasury Treasury 2,000,000.00$ 1,991,400.00$ 2,012,580.00$ 4.50% 4.22% 0.33% 07/15/26 Aaa 471 Federal Farm Credit Agency 2,000,000.00$ 1,987,300.00$ 2,012,760.00$ 4.50% 4.68% 0.33% 07/27/26 AA+ 483 U.S. Treasury Treasury 5,000,000.00$ 4,599,600.00$ 4,784,000.00$ 0.63% 2.58% 0.79% 07/31/26 Aaa 487 Los Angeles Community College District Muni 2,000,000.00$ 1,851,460.00$ 1,921,500.00$ 1.17% 2.38% 0.32% 08/01/26 AA+ 488 Fremont Unified School District Muni 5,470,000.00$ 5,017,029.30$ 5,238,837.80$ 0.83% 3.30% 0.86% 08/01/26 AA- 488 Upper Santa Clara Valley Joint Powers Authority Muni 3,700,000.00$ 3,425,275.00$ 3,554,368.00$ 1.18% 3.43% 0.58% 08/01/26 AA+ 488 San Jose Unified School District Muni 2,205,000.00$ 2,140,305.30$ 2,184,868.35$ 3.37% 3.55% 0.36% 08/01/26 AA+ 488 Mountain View School District Muni 1,015,000.00$ 951,755.35$ 982,976.75$ 1.79% 4.45% 0.16% 09/01/26 AAA 519 Federal Home Loan Bank Agency 3,000,000.00$ 2,823,870.00$ 2,909,790.00$ 1.88% 1.12% 0.48% 09/11/26 AA+ 529 Federal Home Loan Bank Agency 2,000,000.00$ 1,995,640.00$ 2,017,540.00$ 4.63% 4.62% 0.33% 09/11/26 AA+ 529 Federal National Mortgage Association Agency 2,000,000.00$ 1,880,860.00$ 1,939,540.00$ 1.88% 1.21% 0.32% 09/24/26 AA+ 542 U.S. Treasury Treasury 3,000,000.00$ 2,761,050.00$ 2,866,770.00$ 0.88% 3.02% 0.47% 09/30/26 Aaa 548 CA State Muni 3,000,000.00$ 2,834,850.00$ 2,924,550.00$ 2.38% 1.05% 0.48% 10/01/26 AA- 549 CA ST Public Works Board Lease Revenue Muni 3,000,000.00$ 2,993,070.00$ 2,991,450.00$ 4.18% 4.30% 0.49% 11/01/26 A+ 580 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,000.00$ 2,019,620.00$ 4.63% 4.39% 0.33% 11/17/26 AA+ 596 Federal Home Loan Bank Agency 2,000,000.00$ 1,998,000.00$ 2,019,620.00$ 4.63% 4.01% 0.33% 11/17/26 AA+ 596 Federal Farm Credit Agency 3,000,000.00$ 2,969,520.00$ 3,011,520.00$ 4.25% 4.27% 0.49% 11/23/26 AA+ 602 CA State Department Water Muni 5,000,000.00$ 4,556,750.00$ 4,758,200.00$ 1.05% 1.68% 0.78% 12/01/26 AAA 610 CA State Department Water Muni 1,500,000.00$ 1,367,025.00$ 1,427,460.00$ 1.05% 4.00% 0.23% 12/01/26 AAA 610 Federal Home Loan Bank Agency 2,000,000.00$ 2,008,420.00$ 2,030,080.00$ 4.88% 4.03% 0.33% 12/11/26 AA+ 620 Federal Home Loan Bank Agency 3,000,000.00$ 2,762,340.00$ 2,862,900.00$ 1.25% 1.66% 0.47% 12/21/26 AA+ 630 Federal Home Loan Bank Agency 5,000,000.00$ 4,603,900.00$ 4,771,500.00$ 1.25% 2.70% 0.78% 12/21/26 AA+ 630 Federal Farm Credit Agency 2,000,000.00$ 1,969,600.00$ 2,004,340.00$ 4.13% 4.03% 0.33% 12/22/26 AA+ 631 Federal Farm Credit Agency 2,000,000.00$ 1,961,900.00$ 1,996,100.00$ 3.88% 4.07% 0.33% 12/23/26 AA+ 632 U.S. Treasury Treasury 2,000,000.00$ 1,970,940.00$ 2,002,120.00$ 4.00% 4.46% 0.33% 01/15/27 Aaa 655 U.S. Treasury Treasury 4,000,000.00$ 3,998,218.75$ 4,013,600.00$ 4.13% 4.15% 0.66% 01/31/27 Aaa 671 U.S. Treasury Treasury 5,000,000.00$ 4,664,450.00$ 4,813,300.00$ 1.88% 2.37% 0.79% 02/28/27 Aaa 699 Federal Home Loan Bank Agency 3,000,000.00$ 2,994,150.00$ 3,032,010.00$ 4.50% 4.01% 0.50% 03/12/27 AA+ 711 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,100.00$ 2,021,340.00$ 4.50% 4.70% 0.33% 03/12/27 AA+ 711 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,100.00$ 2,021,340.00$ 4.50% 4.82% 0.33% 03/12/27 AA+ 711 Federal Home Loan Bank Agency 2,000,000.00$ 1,996,100.00$ 2,021,340.00$ 4.50% 4.86% 0.33% 03/12/27 AA+ 711 U.S. Treasury Treasury 3,000,000.00$ 3,012,726.56$ 3,018,870.00$ 4.25% 4.03% 0.50% 03/15/27 Aaa 714 Federal Home Loan Bank Agency 2,000,000.00$ 2,005,680.00$ 2,032,300.00$ 4.75% 4.80% 0.33% 04/09/27 AA+ 739 Amazon.Com Inc. Corporate 5,000,000.00$ 4,794,700.00$ 4,916,050.00$ 3.30% 3.38% 0.81% 04/13/27 AA 743 Federal Farm Credit Agency 5,000,000.00$ 4,773,900.00$ 4,887,250.00$ 2.88% 2.88% 0.80% 04/26/27 AA+ 756 San Diego County Water Authority Muni 2,570,000.00$ 2,327,237.80$ 2,418,318.60$ 1.17% 4.55% 0.40% 05/01/27 AAA 761 University of California Revenue Muni 1,600,000.00$ 1,503,712.00$ 1,546,240.00$ 2.56% 5.00% 0.25% 05/15/27 AA- 775 University of California Revenue Muni 2,000,000.00$ 1,816,240.00$ 1,885,960.00$ 1.32% 4.69% 0.31% 05/15/27 AA 775 University of California Revenue Muni 2,000,000.00$ 1,816,240.00$ 1,885,960.00$ 1.32% 4.00% 0.31% 05/15/27 AA 775 University of California Revenue Muni 2,000,000.00$ 1,816,380.00$ 1,884,100.00$ 1.37% 3.90% 0.31% 05/15/27 AA 775 Torrance CA Joint Powers Authority Muni 1,030,000.00$ 937,207.30$ 975,245.20$ 1.71% 4.85% 0.16% 06/01/27 AA 792 Chula Vista Pension Obligation Muni 2,660,000.00$ 2,382,934.40$ 2,483,775.00$ 1.16% 4.80% 0.41% 06/01/27 AA 792 Federal Home Loan Bank Agency 2,000,000.00$ 1,972,900.00$ 2,008,240.00$ 4.13% 4.23% 0.33% 06/11/27 AA+ 802 Federal Home Loan Bank Agency 2,000,000.00$ 2,002,300.00$ 2,030,500.00$ 4.63% 4.51% 0.33% 06/11/27 AA+ 802 Anaheim CA Public Financing Authority Muni 3,000,000.00$ 2,747,700.00$ 2,852,040.00$ 2.09% 5.53% 0.47% 07/01/27 AA 822 U.S. Treasury Treasury 3,000,000.00$ 2,848,590.00$ 2,923,950.00$ 2.75% 4.20% 0.48% 07/31/27 Aaa 852 U.S. Treasury Treasury 2,000,000.00$ 1,764,060.00$ 1,844,300.00$ 0.38% 4.08% 0.30% 07/31/27 Aaa 852 San Joaquin California Community College Dist. Muni 2,500,000.00$ 2,261,175.00$ 2,345,000.00$ 1.43% 4.69% 0.38% 08/01/27 Aa2 853 San Bernardino CA Community College Dist. Muni 1,455,000.00$ 1,327,498.35$ 1,373,141.70$ 1.61% 4.10% 0.23% 08/01/27 AA 853 San Ramon Valley Unified School District Muni 3,445,000.00$ 3,117,242.70$ 3,248,531.65$ 1.44% 4.00% 0.53% 08/01/27 AA 853 Campbell CA Unified High School District Muni 1,875,000.00$ 1,673,043.75$ 1,750,462.50$ 1.04% 4.70% 0.29% 08/01/27 AAA 853 Gavilan CA Community College District Muni 2,225,000.00$ 2,024,950.25$ 2,093,079.75$ 1.51% 4.80% 0.34% 08/01/27 AA 853 U.S. Treasury Treasury 3,000,000.00$ 2,803,020.00$ 2,889,270.00$ 2.25% 2.97% 0.47% 08/15/27 Aaa 867 U.S. Treasury Treasury 2,000,000.00$ 1,868,680.00$ 1,926,180.00$ 2.25% 4.20% 0.32% 08/15/27 Aaa 867 Amazon.Com Inc. Corporate 5,000,000.00$ 4,747,700.00$ 4,889,350.00$ 3.15% 4.11% 0.80% 08/22/27 AA 874 La Quinta Redevelopment Agency Muni 2,000,000.00$ 1,871,040.00$ 1,873,480.00$ 1.73% 4.00% 0.31% 09/01/27 AA- 884 Federal Home Loan Bank Agency 2,000,000.00$ 1,992,540.00$ 2,027,200.00$ 4.50% 4.71% 0.33% 09/10/27 AA+ 893 Federal Farm Credit Agency 2,000,000.00$ 1,988,160.00$ 2,019,300.00$ 4.38% 3.77% 0.33% 09/15/27 AA+ 898 Toyota Motor Credit Corporate 2,000,000.00$ 1,975,480.00$ 2,009,780.00$ 4.55% 4.70% 0.33% 09/20/27 A+ 903 Federal National Mortgage Association Agency 2,000,000.00$ 1,770,060.00$ 1,849,900.00$ 0.75% 4.40% 0.30% 10/08/27 AA+ 921 Federal National Mortgage Association Agency 2,000,000.00$ 1,770,060.00$ 1,849,900.00$ 0.75% 4.07% 0.30% 10/08/27 AA+ 921 PepsiCo Corporate 4,000,000.00$ 3,862,512.00$ 3,888,520.00$ 3.00% 4.36% 0.64% 10/15/27 A+ 928 PepsiCo Corporate 2,280,000.00$ 2,212,876.80$ 2,216,456.40$ 3.00% 4.19% 0.36% 10/15/27 A+ 928 CA State University Muni 3,000,000.00$ 2,684,040.00$ 2,796,180.00$ 1.36% 4.45% 0.46% 11/01/27 AA- 945 Federal Farm Credit Agency 2,000,000.00$ 1,992,580.00$ 2,026,820.00$ 4.50% 4.38% 0.33% 11/23/27 AA+ 967 U.S. Treasury Treasury 2,000,000.00$ 1,987,546.88$ 1,999,140.00$ 3.88% 4.10% 0.33% 11/30/27 Aaa 974 Amazon.Com Inc. Corporate 3,000,000.00$ 2,977,710.00$ 3,031,650.00$ 4.55% 4.83% 0.50% 12/01/27 AA 975 Federal Home Loan Bank Agency 2,000,000.00$ 1,982,240.00$ 2,017,180.00$ 4.25% 4.03% 0.33% 12/10/27 AA+ 984 U.S. Treasury Treasury 2,000,000.00$ 1,989,890.62$ 2,005,860.00$ 4.00% 4.18% 0.33% 12/15/27 Aaa 989 Federal Farm Credit Agency 2,000,000.00$ 1,948,520.00$ 1,989,320.00$ 3.75% 4.00% 0.33% 12/22/27 AA+ 996 John Deere Capital Corp. Corporate 2,000,000.00$ 1,992,374.98$ 2,027,298.40$ 4.75% 4.64% 0.33% 01/20/28 A 1025 U.S. Treasury Treasury 4,000,000.00$ 3,924,312.50$ 3,958,120.00$ 3.50% 4.18% 0.65% 01/31/28 Aaa 1036 277
City of Visalia
Investment Report
By Maturity Date
03/31/2025 (cont.)

CA ST Muni 2,000,000.00$ 1,798,800.00$ 1,870,300.00$ 1.70% 4.70% 0.31% 02/01/28 AA- 1037 Apple Inc. Corporate 5,000,000.00$ 4,421,450.00$ 4,610,950.00$ 1.20% 4.67% 0.76% 02/08/28 AA+ 1044 U.S. Treasury Treasury 3,000,000.00$ 3,001,710.94$ 3,029,520.00$ 4.25% 4.23% 0.50% 02/15/28 Aaa 1051 JP Morgan Chase Co. Corporate 3,000,000.00$ 2,968,860.00$ 2,965,740.00$ 5.20% 5.21% 0.49% 02/28/28 A 1064 Federal Farm Credit Agency 2,000,000.00$ 1,991,420.00$ 2,022,420.00$ 4.38% 4.20% 0.33% 02/28/28 AA+ 1064 U.S. Treasury Treasury 4,000,000.00$ 3,974,781.24$ 4,011,720.00$ 4.00% 4.22% 0.66% 02/29/28 Aaa 1065 CA ST Muni 3,000,000.00$ 2,870,400.00$ 2,944,680.00$ 3.50% 3.95% 0.48% 04/01/28 AA- 1097 CA ST Muni 3,000,000.00$ 2,870,400.00$ 2,944,680.00$ 3.50% 4.52% 0.48% 04/01/28 AA- 1097 CA ST Public Works Board Lease Revenue Muni 3,000,000.00$ 2,983,440.00$ 3,037,440.00$ 4.86% 4.87% 0.50% 04/01/28 A+ 1097 WalMart Inc. Corporate 3,106,000.00$ 3,081,819.79$ 3,092,768.44$ 3.90% 4.17% 0.51% 04/15/28 AA 1111 U.S. Treasury Treasury 2,000,000.00$ 1,777,040.00$ 1,847,960.00$ 1.25% 4.70% 0.30% 04/30/28 Aaa 1126 JP Morgan Chase Co. Corporate 2,000,000.00$ 1,940,880.00$ 1,953,620.00$ 5.25% 5.25% 0.32% 05/30/28 A 1156 Federal Farm Credit Agency 2,000,000.00$ 2,000,740.00$ 2,031,080.00$ 4.50% 4.42% 0.33% 06/07/28 AA+ 1164 WalMart Inc. Corporate 4,000,000.00$ 3,954,688.00$ 3,958,440.00$ 3.70% 4.07% 0.65% 06/26/28 AA 1183 Federal Home Loan Bank Agency 2,000,000.00$ 1,944,120.00$ 2,003,740.00$ 4.00% 4.06% 0.33% 06/30/28 AA+ 1187 U.S. Treasury Treasury 2,000,000.00$ 1,746,960.00$ 1,820,240.00$ 1.00% 4.04% 0.30% 07/31/28 Aaa 1218 Desert CA Community College District Muni 2,000,000.00$ 1,807,080.00$ 1,866,900.00$ 2.02% 4.85% 0.31% 08/01/28 AA 1219 Desert CA Community College District Muni 1,500,000.00$ 1,355,310.00$ 1,400,175.00$ 2.02% 4.15% 0.23% 08/01/28 AA 1219 Los Angeles Community College District Muni 1,955,000.00$ 1,758,170.60$ 1,816,898.80$ 1.61% 5.12% 0.30% 08/01/28 AA+ 1219 San Ramon Valley Unified School District Muni 1,730,000.00$ 1,537,675.90$ 1,600,647.90$ 1.67% 4.20% 0.26% 08/01/28 AA 1219 Santa Moncia CA Unified School District Muni 3,760,000.00$ 3,298,422.40$ 3,417,388.80$ 1.20% 4.15% 0.56% 08/01/28 AA+ 1219 San Jose Successor Agency Muni 3,000,000.00$ 2,805,720.00$ 2,891,340.00$ 3.13% 4.45% 0.47% 08/01/28 AA 1219 Solano County Community College District Muni 540,000.00$ 477,100.80$ 494,380.80$ 1.48% 4.84% 0.08% 08/01/28 AA 1219 Apple Inc. Corporate 3,000,000.00$ 2,640,720.00$ 2,744,910.00$ 1.40% 4.15% 0.45% 08/05/28 AA+ 1223 Apple Inc. Corporate 2,000,000.00$ 1,812,746.80$ 1,829,940.00$ 1.40% 4.10% 0.30% 08/05/28 AA+ 1223 Apple Inc. Corporate 1,000,000.00$ 906,373.40$ 914,970.00$ 1.40% 4.10% 0.15% 08/05/28 AA+ 1223 Federal Farm Credit Agency 2,000,000.00$ 2,000,960.00$ 2,032,240.00$ 4.50% 4.32% 0.33% 08/28/28 AA+ 1246 Murrita Valley CA Unified School District Muni 2,990,000.00$ 2,644,415.80$ 2,737,793.50$ 1.56% 4.70% 0.45% 09/01/28 Aa2 1250 Federal Home Loan Bank Agency 2,000,000.00$ 1,993,280.00$ 2,029,680.00$ 4.38% 4.64% 0.33% 09/08/28 AA+ 1257 Federal Farm Credit Agency 2,000,000.00$ 2,003,180.00$ 2,032,460.00$ 4.50% 4.73% 0.33% 09/22/28 AA+ 1271 CA ST Muni 5,000,000.00$ 5,035,450.00$ 5,130,150.00$ 5.00% 5.00% 0.84% 10/01/28 AA- 1280 CA Municipal Finance Authority Muni 500,000.00$ 453,735.00$ 465,500.00$ 2.44% 4.88% 0.08% 10/01/28 A1 1280 Federal Farm Credit Agency 3,000,000.00$ 3,004,650.00$ 3,010,050.00$ 5.52% 5.52% 0.49% 10/20/28 AA+ 1299 Los Angeles CA Muni 2,230,000.00$ 1,949,020.00$ 2,018,328.40$ 1.65% 4.44% 0.33% 11/01/28 AA- 1311 Federal Home Loan Bank Agency 2,000,000.00$ 2,006,192.00$ 1,974,000.00$ 3.58% 3.50% 0.32% 11/27/28 AA+ 1337 U.S. Treasury Treasury 2,000,000.00$ 2,019,968.75$ 2,031,100.00$ 4.38% 4.10% 0.33% 11/30/28 Aaa 1340 Federal Home Loan Bank Agency 2,000,000.00$ 2,027,680.00$ 2,055,100.00$ 4.75% 3.83% 0.34% 12/08/28 AA+ 1348 Federal Home Loan Bank Agency 1,980,000.00$ 2,007,403.20$ 2,034,549.00$ 4.75% 4.08% 0.33% 12/08/28 AA+ 1348 Federal Farm Credit Agency 2,000,000.00$ 1,986,040.00$ 2,016,640.00$ 4.25% 3.80% 0.33% 12/15/28 AA+ 1355 U.S. Treasury Treasury 2,000,000.00$ 1,964,500.00$ 1,988,200.00$ 3.75% 4.23% 0.33% 12/31/28 Aaa 1371 U.S. Treasury Treasury 3,000,000.00$ 2,929,875.00$ 2,982,300.00$ 3.75% 4.39% 0.49% 12/31/28 Aaa 1371 John Deere Capital Corp. Corporate 2,000,000.00$ 1,966,040.00$ 2,009,460.00$ 4.50% 4.44% 0.33% 01/16/29 A 1387 U.S. Treasury Treasury 5,000,000.00$ 4,946,601.56$ 5,013,650.00$ 4.00% 4.29% 0.82% 01/31/29 Aaa 1402 Riverside County Pension Obligation Muni 1,000,000.00$ 973,900.00$ 954,670.00$ 3.12% 3.77% 0.16% 02/15/29 AA 1417 U.S. Treasury Treasury 3,000,000.00$ 2,995,617.19$ 3,035,160.00$ 4.25% 4.29% 0.50% 02/28/29 Aaa 1430 Federal Home Loan Bank Agency 2,000,000.00$ 2,008,400.00$ 2,038,820.00$ 4.50% 4.11% 0.33% 03/09/29 AA+ 1439 Federal Home Loan Bank Agency 2,000,000.00$ 2,008,400.00$ 2,038,820.00$ 4.50% 4.68% 0.33% 03/09/29 AA+ 1439 Federal Home Loan Bank Agency 2,000,000.00$ 2,018,820.00$ 2,050,200.00$ 4.63% 4.72% 0.34% 03/09/29 AA+ 1439 Blackrock Funding Inc. Corporate 2,000,000.00$ 1,991,340.00$ 2,030,560.00$ 4.70% 4.74% 0.33% 03/14/29 AA- 1444 CA ST Muni 4,640,000.00$ 4,310,281.60$ 4,441,593.60$ 3.05% 4.82% 0.73% 04/01/29 AA- 1462 Federal Farm Credit Agency 2,000,000.00$ 1,998,460.00$ 2,031,000.00$ 4.38% 4.69% 0.33% 04/10/29 AA+ 1471 San Jose CA Financing Authority Muni 500,000.00$ 502,620.00$ 486,090.00$ 3.88% 3.75% 0.08% 05/01/29 AA 1492 University of California Revenue Muni 2,000,000.00$ 1,911,880.00$ 1,938,400.00$ 3.35% 4.35% 0.32% 07/01/29 AA 1553 University of California Revenue Muni 2,000,000.00$ 1,949,260.00$ 1,938,400.00$ 3.35% 3.93% 0.32% 07/01/29 AA 1553 University of California Revenue Muni 2,500,000.00$ 2,430,750.00$ 2,423,000.00$ 3.35% 4.00% 0.40% 07/01/29 AA 1553 CA ST Muni 4,000,000.00$ 4,039,680.00$ 4,038,440.00$ 4.50% 4.27% 0.66% 08/01/29 AA- 1584 CA ST Muni 2,000,000.00$ 2,010,400.00$ 2,019,220.00$ 4.50% 4.38% 0.33% 08/01/29 AA- 1584 San Diego CA Public Facs Financing Authority Muni 2,435,000.00$ 2,206,085.65$ 2,238,909.45$ 2.13% 4.37% 0.37% 08/01/29 Aa2 1584 Toyota Motor Credit Corporate 3,000,000.00$ 2,983,506.00$ 3,000,630.00$ 4.55% 4.68% 0.49% 08/09/29 A+ 1592 CA ST Muni 3,000,000.00$ 3,202,920.00$ 3,103,230.00$ 5.13% 3.63% 0.51% 09/01/29 AA- 1615 CA ST Muni 3,000,000.00$ 3,097,500.00$ 3,103,230.00$ 5.13% 4.31% 0.51% 09/01/29 AA- 1615 Federal Farm Credit Agency 2,000,000.00$ 1,966,376.00$ 1,995,780.00$ 4.00% 4.40% 0.33% 09/06/29 AA+ 1620 Federal Farm Credit Agency 2,000,000.00$ 2,006,234.00$ 1,955,460.00$ 3.50% 3.43% 0.32% 09/10/29 AA+ 1624 U.S. Treasury Treasury 4,000,000.00$ 4,008,750.00$ 4,029,360.00$ 4.13% 4.08% 0.66% 10/31/29 Aaa 1675 U.S. Treasury Treasury 2,000,000.00$ 2,005,437.50$ 2,015,460.00$ 4.13% 4.06% 0.33% 11/30/29 Aaa 1705 U.S. Treasury Treasury 3,000,000.00$ 2,962,335.00$ 3,023,190.00$ 4.13% 4.41% 0.50% 11/30/29 Aaa 1705 Federal Farm Credit Agency 2,000,000.00$ 1,974,702.00$ 2,011,800.00$ 4.13% 4.41% 0.33% 12/17/29 AA+ 1722 Toyota Motor Credit Corporate 5,000,000.00$ 4,974,900.00$ 5,075,250.00$ 4.95% 5.07% 0.83% 01/09/30 A+ 1745 U.S. Treasury Treasury 5,000,000.00$ 4,985,859.38$ 5,064,050.00$ 4.25% 4.31% 0.83% 01/31/30 Aaa 1767 Total Investments 553,897,000.00$ 534,338,431.75$ 545,158,268.03$ 89.5% Other Investments
Local Agency Investment Funds (LAIF) LAIF 20,082,026.57$ 20,082,026.57$ 20,082,026.57$ 4.34% 4.34% 3.3% 03/31/25 N/A - California Asset Management Program (CAMP) CAMP 44,017,078.14$ 44,017,078.14$ 44,017,078.14$ 4.47% 4.47% 7.2% 03/31/25 N/A - Orchard Walk West Bond 45,000.00$ 45,000.00$ 45,000.00$ 6.75% 6.75% 0.0% 06/01/26 N/A 427 Atwood Water Main District Bond 54,006.13$ 54,006.13$ 54,006.13$ 4.00% 4.00% 0.0% 09/02/30 N/A 1981 Laura Water Main District Bond 34,241.51$ 34,241.51$ 34,241.51$ 4.00% 4.00% 0.0% 09/02/30 N/A 1981 Total Other Investments 64,232,352.35$ 64,232,352.35$ 64,232,352.35$ 10.5% Total Portfolio Holdings 618,129,352.35$ 598,570,784.10$ 609,390,620.38$ 3.85% 100.0% 278
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0139 Agenda Date: 5/5/2025 Agenda #: 6.

Agenda Item Wording:

Award a Contract for the Repair and Maintenance of Compressed Air Systems - Authorize the City Manager to award a contract to Air & Lube Systems Inc. for the repair and maintenance of compressed air system components for the Fleet Maintenance Division in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to (4) additional one-year terms.

Deadline for Action: 5/5/2025
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 to Air & Lube Systems Inc. in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to (4) additional one-year terms.

Background Discussion:

The City of Visalia currently has six air compressors and numerous hoses that comprise the Fleet Maintenance Division’s compressed air system. This annual contract will provide repairs and maintenance of the system. RFB 23-24-43 was advertised on February 20 & 25, 2025 in the Visalia Times-Delta, and on Bidnet February 20, 2025. The bid closed on March 20, 2025, and the purchasing division received only one bid for these services, from Air & Lube Systems Inc. of Tulare, CA. The length of the contract will be one year, with four renewable one-year extensions available, at a cost not to exceed $30,000.00 per year.

Air & Lube Systems:

Regular Labor $250/hr
Overtime Labor $300/hr
While only one bid was received under RFB 23-24-43, the proposed hourly rates are comparable to other specialty on-site mechanical maintenance and repair vendors utilized by the City for other types of work.

Fiscal Impact:

Funding for the repairs and maintenance for the compressed air systems is budgeted annually in Fleet Operations (5012).

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File #: 25-0139 Agenda Date: 5/5/2025 Agenda #: 6.

Prior Council Action: On 10/21/2018 council approved awarding a 5-year contract for these services to Pro Tool.

Other: N/A
Alternatives: To not award this contract and go back out to bid. This is not recommended due to the delay in obtaining a vendor for this work. Additionally, there is no guarantee that going back out to bid will result in additional bidders, or in more favorable rates.

Recommended Motion (and Alternative Motions if expected):

I motion to authorize the City Manager to award a contract to Air & Lube Systems Inc. for the repair and maintenance of compressed air system components for the Fleet Maintenance Division in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to four (4) additional one-year terms.

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

Air Systems Bid (RFB 23-24-43)
Bid Summary
RFB 23-24-43
Compressed Air Contract
Air & Lube Systems - Levine Act Statement
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RFB No. 23-24-43
Repair Services for Compressed Air & Shop Lube System Equipment

CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 23-24-43

ANNUAL CONTRACT

REPAIR SERVICES FOR COMPRESSED AIR
& SHOP LUBE SYSTEM EQUIPMENT

BIDS DUE NO LATER THAN 2:00 PM ON THURSDAY, MARCH 20, 2025

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

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TABLE OF CONTENTS

I. DEFINITIONS ................................................................................................. 3

II. INTRODUCTION .............................................................................................. 3

III. INSTRUCTIONS .............................................................................................. 3

IV. SCOPE OF SERVICES/PROJECT .................................................................... 4

V. PRE-BID MEETINGS ....................................................................................... 4

VI. BID OPENING AND CONFIDENTIALITY ........................................................... 4

VII. AWARD ........................................................................................................... 5

VIII. PROTESTS/APPEALS ..................................................................................... 5

IX. SPECIAL CONDITIONS .................................................................................... 6

X. GENERAL CONDITIONS .................................................................................. 7

XI. POST AWARD RESPONSIBILITIES ................................................................. 10

EXHIBITS
A. BID FORM
A-1. Bid Form/Part 1- Annual Contract for Repair Services of Compressed Air System A-2. Bid Form/Part 2- Annual Contract for Repair Services of Shop Lube System

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Workers’ Compensation Insurance Certificate
B-3. Bidders Statement on Contracts subject to EEO
B-4. Equal Employment Opportunity Compliance Certificate B-5. Ownership Disclosure and California Levine Act Statement B-6. Drug-Free Workplace Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Iran Contracting Act Compliance

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

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I. DEFINITIONS

For the purposes of RFB NO. 23-24-43, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 23-24-43.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for repair of existing compressed air and shop lube systems equipment on an as-needed basis for the Fleet Division.

Bidders may bid on Both A-1, Repair of Compressed Air System and A-2, Repair of Shop Lube System, but are not required to bid on both in order to participate in the process.

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

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A-1” and/or “A-2”) in ink or typewriting completely.

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

From: Bidders Name & Mailing Address

Marked: Repair of Compressed Air & Shop Lube System Equipment RFB 23-24-43
Closing Date: Thursday, March 20, 2025 at 2:00pm
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4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.

However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB are due no later than Wednesday, March 12, 2025 at 4:00 p.m.

IV. SCOPE OF SERVICES/PROJECT
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for in-house repairs of compressed air and shop lube system equipment for the Fleet Division.

Bidders may bid on Both A-1, Repair of Compressed Air System and A-2, Repair of Shop Lube System, but are not required to bid on both in order to participate in the process.

All repairs under this contract will be made at both City of Visalia’s facility and Vendor’s facility. An estimate of cost and repair time will be given prior to any work being started.

1. Compressed Air System Equipment:
 Air Compressors
 Air Filters and dryers
 Air hose and reels
 Air fittings
 Miscellaneous compressed air system components.

2. Lube Equipment:
 Lube pumps
 Lube hose and reels
 Miscellaneous lube system components

V. PRE-BID AND CONTRACT MEETINGS

1. A Non-Mandatory Pre-Bid Meeting. A non-mandatory Pre-Bid meeting will be held on Monday, March 10, 2025 at 10:00 a.m. at Visalia City Hall, 707 W. Acequia Ave.

Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

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

City Project Manager: Danny Galindo
Department: Public Works, Fleet Division

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, March 20, 2025 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at 296

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the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

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

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

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

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

VII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

VIII. PROTESTS/APPEALS

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

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

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
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3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

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

IX. SPECIAL CONDITIONS

1. Product or Service Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.

b. Product Inspection. The City will have ten (10) working days to inspect equipment for workmanship, appearance, proper functioning of all equipment, and conformance to all other requirements of this specification. If deficiencies are detected, the equipment will be rejected and the vendor will be required to make necessary repairs, adjustments, or replacements. Payment and/or commencement of a discount period, if applicable, will not be made until the defects are corrected and the equipment re-inspected and accepted.

2. City-Contractor Relations

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

b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and/or of a quality equal to that specified.

(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.

(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

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

X. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.

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

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

2. Post-Closing Date Corrections are prohibited.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A-1” and/or “A-2”). Contractor may be required to submit Proposals on alternate items. 300

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The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

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

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

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

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

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

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

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

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

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

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

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

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

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

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EXHIBIT “A-1”

BID FORM
RFB NO. 23-24-43

ANNUAL CONTRACT FOR REPAIR OF COMPRESSED AIR SYSTEM

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-43 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, and labor required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

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

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

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

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

LOW BID will be determined by total of regular hourly labor rate and overtime rate.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

Hourly rate for repair of
compressed air system as
described in RFB 23-24-43
Rate
Regular Labor $______/hr
Overtime Labor $______/hr
Total Bid Amount $_________

(1)__________________________________________________________________________________________ Bidding Firm

(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture
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(3)__________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number E-mail Address

(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)

________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION

License Classification:_____________________________________ Expiration Date: _________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ (A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713- 4326.

Federal Tax I.D. No.: ____________________________________________________

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

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

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

Company Name Address Tel. No. Type____________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

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EXHIBIT “A-2”

BID FORM
RFB NO. 23-24-43

ANNUAL CONTRACT FOR REPAIR OF SHOP LUBE SYSTEM

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-43 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, and labor required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

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

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

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

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

LOW BID will be determined by total of regular hourly labor rate and overtime rate.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

Hourly rate for repair of
lube system as described
in RFB 23-24-43
Rate
Regular Labor $______/hr
Overtime Labor $______/hr
Total Bid Amount $_________

(1)__________________________________________________________________________________________ Bidding Firm

(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture

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(3)__________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number E-mail Address

(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)

________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION

License Classification:_____________________________________ Expiration Date: _________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ (A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713- 4326.

Federal Tax I.D. No.: ____________________________________________________

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

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

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

Company Name Address Tel. No. Type____________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

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EXHIBIT “B-1”

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

__________________________________________ ________________________ Signature Date

Note: The above Non-collusion Affidavit is part of the Bid/Proposal.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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EXHIBIT “B-2”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-3”

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)

The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

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

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-4”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

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

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

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

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________ Business Address: ______________________________________________

Signature:______________________________________________ Date:________________ Name & Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-5”

Ownership Disclosure and California Levine Act Statement

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

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

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

OWNERSHIP DISCLOSURE

____________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

____________________________________________________________________________________ Address

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

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know 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.

Signature of Company Authorized Individual Print or Type Name of Authorized Individual

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EXHIBIT “B-6”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

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

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-7”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:
(if any)

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EXHIBIT “B-8”

IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:

(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature:

Printed Name:

Title:

Agency Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR REPAIR SERVICES OF COMPRESSED AIR SYSTEM (City of Visalia Bid No. 23-24-43)

This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-43, Annual Contract for Repair Services of Compressed Air System
Attachment 4 CONTRACTOR’s bid in response to Bid No.23-24-43

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-43.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 317

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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 318

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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR REPAIR SERVICES OF SHOP LUBE SYSTEM EQUIPMENT (City of Visalia Bid No. 23-24-43)

This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-43, Annual Contract for Repair Services of Shop Lube System Equipment
Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-43

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-43.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 319

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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 320

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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

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

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

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

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

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

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

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

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

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

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

I. 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 321

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court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

K. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

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

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

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EXHIBIT “C”

ANNUAL CONTRACT FOR REPAIR SERVICES OF COMPRESSED AIR SYSTEM (City of Visalia Bid No. 23-24-43)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is with a primary business address of _____________________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-43, Annual Contract for Repair Services of Compressed Air System
Attachment 4 CONTRACTOR’s bid in response to Bid No.23-24-43

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-43.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor Air & Lube Systems, Inc.
1499 South K St. Tulare, Ca 93274
94-3284282
an corporation
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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 30,000
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0140 Agenda Date: 5/5/2025 Agenda #: 7.

Agenda Item Wording:

Contract for the Repair and Maintenance for Lube Systems - Authorize the City Manager to award a contract to Air & Lube Systems Inc. for the repair and maintenance of lube system components for the Fleet Maintenance Division in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to (4) additional one- year terms.

Deadline for Action: 5/5/2025
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 to Air & Lube Systems Inc. in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to (4) additional one-year terms.

Background Discussion:

The City of Visalia currently has twelve oil and lube pumps, fifty-two reels and numerous hoses that comprise the Fleet Maintenance lube system and distribute oil and grease throughout the shop. This annual contract will provide repairs and maintenance for the lube system. RFB 23-24-43 was advertised on February 20 & 25, 2025 in the Visalia Times-Delta, and on Bidnet February 20, 2025.

The bid closed on March 20, 2025, and the purchasing division received only one bid for these services, from Air & Lube Systems Inc. of Tulare. The length of the contract will be one year, with four renewable one-year extensions available, at a cost not to exceed $30,000.00 per year.

Air & Lube Systems Inc:

Regular Labor $250/hr
Overtime Labor $300/hr
While only one bid was received under RFB 23-24-43, the proposed hourly rates are comparable to other specialty on-site mechanical maintenance and repair vendors utilized by the City for other types of work.

Fiscal Impact:

Funding for the repairs and maintenance for the lube systems is budgeted annually in Fleet Operations (5012).

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File #: 25-0140 Agenda Date: 5/5/2025 Agenda #: 7.

Prior Council Action: On 10/21/2018, Council approved a 5-year contract for these services to Pro Tool.

Other: N/A
Alternatives: To not award this contract and go back out to bid. This is not recommended due to the delay in obtaining a vendor for this work. Additionally, there is no guarantee that going back out to bid will result in additional bidders, or in more favorable rates.

Recommended Motion (and Alternative Motions if expected):

I motion to authorize the City Manager to award a contract to Air & Lube Systems Inc. for the repair and maintenance of lube system components for the Fleet Maintenance Division in an amount not to exceed $30,000 annually, totaling $150,000 over the life of the contract, with an option to renew annually for up to four (4) additional one-year terms.

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

Lube System Bid Package (RFB 23-24-43)
Bid Summary
RFB 23-24-43
Lube Contract
Air & Lube Systems - Levine Act Statement
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CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 23-24-43

ANNUAL CONTRACT

REPAIR SERVICES FOR COMPRESSED AIR
& SHOP LUBE SYSTEM EQUIPMENT

BIDS DUE NO LATER THAN 2:00 PM ON THURSDAY, MARCH 20, 2025

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

Advertisement Dates: February 20, 2025
February 25, 2025
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TABLE OF CONTENTS

I. DEFINITIONS ................................................................................................. 3

II. INTRODUCTION .............................................................................................. 3

III. INSTRUCTIONS .............................................................................................. 3

IV. SCOPE OF SERVICES/PROJECT .................................................................... 4

V. PRE-BID MEETINGS ....................................................................................... 4

VI. BID OPENING AND CONFIDENTIALITY ........................................................... 4

VII. AWARD ........................................................................................................... 5

VIII. PROTESTS/APPEALS ..................................................................................... 5

IX. SPECIAL CONDITIONS .................................................................................... 6

X. GENERAL CONDITIONS .................................................................................. 7

XI. POST AWARD RESPONSIBILITIES ................................................................. 10

EXHIBITS
A. BID FORM
A-1. Bid Form/Part 1- Annual Contract for Repair Services of Compressed Air System A-2. Bid Form/Part 2- Annual Contract for Repair Services of Shop Lube System

B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Workers’ Compensation Insurance Certificate
B-3. Bidders Statement on Contracts subject to EEO
B-4. Equal Employment Opportunity Compliance Certificate B-5. Ownership Disclosure and California Levine Act Statement B-6. Drug-Free Workplace Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Iran Contracting Act Compliance

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS

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I. DEFINITIONS

For the purposes of RFB NO. 23-24-43, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 23-24-43.

II. INTRODUCTION

The City of Visalia Purchasing Division is soliciting Bids for an annual contract for repair of existing compressed air and shop lube systems equipment on an as-needed basis for the Fleet Division.

Bidders may bid on Both A-1, Repair of Compressed Air System and A-2, Repair of Shop Lube System, but are not required to bid on both in order to participate in the process.

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

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.

In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

III. INSTRUCTIONS

1. Fill out attached Bid Form (Exhibit “A-1” and/or “A-2”) in ink or typewriting completely.

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291

From: Bidders Name & Mailing Address

Marked: Repair of Compressed Air & Shop Lube System Equipment RFB 23-24-43
Closing Date: Thursday, March 20, 2025 at 2:00pm
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4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.

However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB are due no later than Wednesday, March 12, 2025 at 4:00 p.m.

IV. SCOPE OF SERVICES/PROJECT
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for in-house repairs of compressed air and shop lube system equipment for the Fleet Division.

Bidders may bid on Both A-1, Repair of Compressed Air System and A-2, Repair of Shop Lube System, but are not required to bid on both in order to participate in the process.

All repairs under this contract will be made at both City of Visalia’s facility and Vendor’s facility. An estimate of cost and repair time will be given prior to any work being started.

1. Compressed Air System Equipment:
 Air Compressors
 Air Filters and dryers
 Air hose and reels
 Air fittings
 Miscellaneous compressed air system components.

2. Lube Equipment:
 Lube pumps
 Lube hose and reels
 Miscellaneous lube system components

V. PRE-BID AND CONTRACT MEETINGS

1. A Non-Mandatory Pre-Bid Meeting. A non-mandatory Pre-Bid meeting will be held on Monday, March 10, 2025 at 10:00 a.m. at Visalia City Hall, 707 W. Acequia Ave.

Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

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

City Project Manager: Danny Galindo
Department: Public Works, Fleet Division

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, March 20, 2025 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at 345

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the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

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

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

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

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

VII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

VIII. PROTESTS/APPEALS

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

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

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
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3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

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

IX. SPECIAL CONDITIONS

1. Product or Service Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.

b. Product Inspection. The City will have ten (10) working days to inspect equipment for workmanship, appearance, proper functioning of all equipment, and conformance to all other requirements of this specification. If deficiencies are detected, the equipment will be rejected and the vendor will be required to make necessary repairs, adjustments, or replacements. Payment and/or commencement of a discount period, if applicable, will not be made until the defects are corrected and the equipment re-inspected and accepted.

2. City-Contractor Relations

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

b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and/or of a quality equal to that specified.

(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.

(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

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

X. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.

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

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

2. Post-Closing Date Corrections are prohibited.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A-1” and/or “A-2”). Contractor may be required to submit Proposals on alternate items. 349

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The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

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

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

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

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

28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

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

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

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

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

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

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

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

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

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EXHIBIT “A-1”

BID FORM
RFB NO. 23-24-43

ANNUAL CONTRACT FOR REPAIR OF COMPRESSED AIR SYSTEM

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-43 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, and labor required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

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

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

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

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

LOW BID will be determined by total of regular hourly labor rate and overtime rate.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

Hourly rate for repair of
compressed air system as
described in RFB 23-24-43
Rate
Regular Labor $______/hr
Overtime Labor $______/hr
Total Bid Amount $_________

(1)__________________________________________________________________________________________ Bidding Firm

(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture
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(3)__________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number E-mail Address

(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)

________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION

License Classification:_____________________________________ Expiration Date: _________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ (A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713- 4326.

Federal Tax I.D. No.: ____________________________________________________

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

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

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

Company Name Address Tel. No. Type____________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

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EXHIBIT “A-2”

BID FORM
RFB NO. 23-24-43

ANNUAL CONTRACT FOR REPAIR OF SHOP LUBE SYSTEM

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-43 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, and labor required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

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

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

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

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

LOW BID will be determined by total of regular hourly labor rate and overtime rate.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

Hourly rate for repair of
lube system as described
in RFB 23-24-43
Rate
Regular Labor $______/hr
Overtime Labor $______/hr
Total Bid Amount $_________

(1)__________________________________________________________________________________________ Bidding Firm

(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture

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(3)__________________________________________________________________________________________ Business Address City State Zip Code

___________________________________________________________________________________________ Telephone Number Fax Number E-mail Address

(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)

________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE

(1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.

(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.

(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CONTRACTOR’S PERMIT INFORMATION

License Classification:_____________________________________ Expiration Date: _________________________________________

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ (A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713- 4326.

Federal Tax I.D. No.: ____________________________________________________

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

Company Name Address Tel. No. Contact

1.______________________________________________________________________________________

2.______________________________________________________________________________________

3._____________________________________________________________________________________

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

Company Name Address Tel. No. Type____________

___________________________________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

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Submit with Bid
EXHIBIT “B-1”

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

__________________________________________ ________________________ Signature Date

Note: The above Non-collusion Affidavit is part of the Bid/Proposal.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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EXHIBIT “B-2”

WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )

I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-3”

BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)

The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

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

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

Company: ______________________________________________

Business Address: ______________________________________________

Signature: ______________________________________________

Name of Signing Official: ______________________________________________

Title of Signing Official: ______________________________________________

Date: ______________________________________________

Company Seal:

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EXHIBIT “B-4”

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)

Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.

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

4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.

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

6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.

7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.

Company: ______________________________________________ Business Address: ______________________________________________

Signature:______________________________________________ Date:________________ Name & Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-5”

Ownership Disclosure and California Levine Act Statement

The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

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

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

OWNERSHIP DISCLOSURE

____________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company

____________________________________________________________________________________ Address

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

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know 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.

Signature of Company Authorized Individual Print or Type Name of Authorized Individual

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EXHIBIT “B-6”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME

FEDERAL ID NUMBER
BY(Authorized Signature)

DATE EXECUTED

PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code)

( )
TITLE

CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS

The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

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

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:

(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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Submit with Bid
EXHIBIT “B-7”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________

Company Seal:
(if any)

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Submit with Bid
EXHIBIT “B-8”

IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)

As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:

⃝ The Contractor is not:

(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or

(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.

⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.

⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature:

Printed Name:

Title:

Agency Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR REPAIR SERVICES OF COMPRESSED AIR SYSTEM (City of Visalia Bid No. 23-24-43)

This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-43, Annual Contract for Repair Services of Compressed Air System
Attachment 4 CONTRACTOR’s bid in response to Bid No.23-24-43

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-43.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 367

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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT FOR REPAIR SERVICES OF SHOP LUBE SYSTEM EQUIPMENT (City of Visalia Bid No. 23-24-43)

This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONTRACTOR is (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and

WHEREAS, CITY is a municipal corporation and Charter Law City; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and

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

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-43, Annual Contract for Repair Services of Shop Lube System Equipment
Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-43

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-43.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 368

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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

CONTRACTOR

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

CITY OF VISALIA

Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager

Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 369

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Exhibit “C”
Attachment 1

GENERAL CONTRACT PROVISIONS

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

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

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

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

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

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

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

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

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

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

I. 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 370

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court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.

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

K. Firearms Prohibited: Guns may not be carried by contractors /vendors/ consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.

L. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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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Exhibit “C”
Attachment 2

INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:

a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.

c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:

(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.

b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.

c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291

6. Proof of Coverage.

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

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

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EXHIBIT “C”

ANNUAL CONTRACT FOR REPAIR SERVICES OF SHOP LUBE SYSTEM EQUIPMENT (City of Visalia Bid No. 23-24-43)
This Agreement, entered into and effective this ________ day of ________________, 2025 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-43, Annual Contract for Repair Services of Shop Lube System Equipment
Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-43

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in Bid No. 23-24-43.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor 374
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5. COMPENSATION:

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

6. CONTRACT PRICE ADJUSTMENTS:

All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

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

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $
annually and not to exceed Contractor’s
stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of invoice for delivered product 375
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0148 Agenda Date: 5/5/2025 Agenda #: 8.

Agenda Item Wording:

Authorization to Submit Allocation Request for V-LINE Transit Service - Authorization to submit an allocation request in the amount of $451,557 to the California Department of Transportation Low Carbon Transit Operations Program (LCTOP) for operating funds to continue funding the V-LINE operations and approve the funds to be appropriated when the grant is awarded (Resolution No.2025 -28).

Deadline for Action: 5/5/2025
Submitting Department: Administration
Contact Name and Phone Number:

Carmen Quevedo, Financial Analyst, [email protected], 713-4592; Angelina DeRossett, Transit Manager, [email protected], 713-4591; John Lollis, Assistant City Manager, [email protected], 713-4323 Department Recommendation:

Authorize staff to submit an allocation request in the amount of $451,557 to the California Department of Transportation Low Carbon Transit Operations Program (LCTOP) for operating funds to continue funding the V-LINE operations and approve the funds to be appropriated when the grant is awarded (Resolution No. 2025-28).

Background Discussion:

The V-LINE began operations in November 2015 and provides transit service connecting Visalia to Fresno. This service has been funded with a combination of fares, the Rural Transit & Intercity Bus - FTA Section 5311(f), and LCTOP. Staff is requesting authorization to request funding for another year. The V-LINE is considered a Fixed Route and an essential service.

The V-LINE service operates a shuttle between Visalia and Fresno. The shuttle route includes stops at the Visalia Transit Center, the Visalia Municipal Airport, Fresno Yosemite International Airport, California State University Fresno (CSUF), and Courthouse Park (Fresno). The last stop is a major bus transfer point for Fresno Area Express (FAX) allowing passengers access to other Fresno destinations. V-LINE operates six (6) daily round trips (4am; 6am; 9am; 1pm; 4pm; 6:30pm) seven (7) days per week with a one-way full fare of $10. There is also a one-way discounted fare of $9 for students, seniors, disabled, and veteran riders. These one-way fares can be purchased on-board V- LINE shuttle buses, as well as at the Visalia Transit Center.

The clear benefits of the V-LINE service include the following:
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File #: 25-0148 Agenda Date: 5/5/2025 Agenda #: 8.
· Meeting multi-modal transportation needs with connections to other forms of transportation · Increased educational opportunities for students seeking higher education. · Increased access to specialized services not readily available in Visalia.

Fiscal Impact:

The V-LINE service is currently funded using rider fares, FTA Section 5311(f), and LCTOP allocations. As the receipt of LCTOP funds for this project are uncertain going forward, the City will continue to pursue other sources of funding for the V-LINE service. While other funding will be sought for this service, future allocations of Local Transportation Funds (LTF) are currently expected to be sufficient to supplement its operation as needed.

Prior Council Action:
22-0112 03/21/2022 Authorization for allocation request LCTOP/VLINE 23-0123 04/17/2023 Authorization for allocation request LCTOP/VLINE 24-0164 05/06/2024 Authorization for allocation request LCTOP/VLINE Other: N/A
Alternatives: Do not submit an allocation request and forfeit the funds.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to submit an allocation request in the amount of $451,557 to the California Department of Transportation Low Carbon Transit Operations Program for operating funds to continue funding the V-LINE operations and approve funds to be appropriated when the grant is awarded (Resolution No. 2025-28).

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Resolution No. 2025-28
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RESOLUTION 2025-28

AUTHORIZATION FOR THE EXECUTION OF THE

CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT FORMS

FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP)
FOR THE FOLLOWING PROJECT:

EXPANSION OF V-LINE SHUTTLE SERVICES IN THE AMOUNT OF $451,557

WHEREAS, the City of Visalia is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and

WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and

WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and

WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and

WHEREAS, the City of Visalia wishes to delegate authorization to execute these documents and any amendments thereto to Leslie Caviglia , City Manager or h er Designee.

WHEREAS, the City of Visalia wishes to implement the following LCTOP project(s) listed above,

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Visalia that the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.

NOW THEREFORE, BE IT FURTHER RESOLVED that Leslie Caviglia, City Manager or her Designee be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Visalia that it hereby authorizes the submittal of the following project nomination and allocation request to the Department in Fiscal Year 2024-25 LCTOP funds:

Project Name: Expansion of V-LINE Shuttle Services
Amount of LCTOP funds requested: $451,557
V-LINE services for operations from Visalia to Fresno
Contributing Sponsors: Tulare County Association of Governments

PASSED AND ADOPTED: May 5, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-28 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 5, 2025.

Dated: May 6, 2025 LESLIE B. CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0152 Agenda Date: 5/5/2025 Agenda #: 9.

Agenda Item Wording:

Mural Request - Consideration of a mural application request from Tulare County Farm Bureau for one mural located on the south-facing wall of the building located at 737 North Ben Maddox Way.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Colleen A. Moreno, Assistant Planner, 713-4031, [email protected]; Paul Bernal, Planning and Community Preservation Director,713-4025, [email protected] Department Recommendation:

Staff recommends, based on the recommendation of the Mural Panel, that the mural application for the proposed mural located at 737 North Ben Maddox Way be approved as shown in Attachment #2.

Background Discussion:

The City of Visalia received a mural application on March 27, 2025, from the Tulare County Farm Bureau for a mural to be painted on the south-facing wall of the existing Tulare County Farm Bureau building (Attachment #3) located at 737 North Ben Maddox Way. This will be the second mural for this building with the first mural being located along the east wall of the Farm Bureau building (Attachment #4). The original mural was approved by City Council on December 19, 2016.

This request is for a second mural that will serve as a backdrop to the dedication ceremony for a new flagpole that will be located onsite. The mural is intended to celebrate the farm community depicting generational knowledge and familial ties that bind farms together. Per the Farm Bureau, the mural is meant to be a patriotic and nostalgic look at farm life in Tulare County. The mural (Attachment #2) depicts a hillside backdrop reflecting eastern Tulare County, large branches and greenery of oak trees, a rustic barn with a large American Flag and a multi-generational family working on an old tractor while off in the distance is a citrus grove with a modern-day topping machine moving down a citrus row. There is also a sign on the barn with the words, “Farm Bureau Member,” this sign is a replica of the signs used by the Farm Bureau to identify members. The mural will be relatively small, approximately 15-feet by 5-feet and will be erected on the south-facing wall of the Farm Bureau building (Attachment #3). Work is expected to begin in May, subsequent to obtaining approvals and will be installed on the building by the end of July 2025.

Tulare County Farm Bureau is the owner of the building, as well as the applicant for the mural and is in support of this project. The artist is Colleen Mitchell-Veyna, who has painted in the vicinity of 100 murals including the first mural located on the site as well as several murals in Exeter and the murals for ProYouth Heart and the Rotary Theater. The mural will be painted in studio on Pellon material and then will be installed on site. The paint utilized for the mural will be Nova Paint and the mural will be affixed onto the wall with a strong adhesive glue called Nova Glue. A mural shield will also be used Visalia City Council Printed on 4/30/2025Page 1 of 3
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affixed onto the wall with a strong adhesive glue called Nova Glue. A mural shield will also be used for UV protection and a specialized wax will be applied for graffiti protection.

Mural Panel Review: In accordance with the City’sMural Guidelines and Procedures (Attachment #7), the Mural Panel convened on Wednesday, April 16, 2025, consisting of a representative from the Arts Consortium (Ampelio Mejia Perez), Arts Visalia (Alison Miniaci), and the mayoral appointment (Walter Deissler) to review the application and meet with the applicant of the mural request, Tricia Stever Blattler, Executive Director of the Tulare County Farm Bureau. The purpose of the Mural Panel is to assure compliance with local ordinances, the general guidelines, and to determine whether the artist can produce a quality piece of art.

The Mural Panel was provided with the application materials and the rendering of the proposed mural. The applicant shared the deep meaning and discussed how every detail of the mural was intentionally thought out, which contributes to a very symbolic image. The Mural Panel was favorable to the artwork and had no concerns with the artists’ability to prepare a quality mural. The Panel praised the design, rich history, and thoughtfulness of the mural. The only concern that the Panel had were the words on the barn sign, as mentioned previously, the barn will have a sign with the words, “Farm Bureau Member”; however, per the Mural Guidelines, “not more than 1% of the mural will contain the name of a sponsor and/or sponsor product likeness”. Due to the small size of the sign, which is less than 1% of the mural, the verbiage is in compliance with the Mural General Guidelines.

The Panel concluded that the image with the sign was aesthetically pleasing and was representative of the Farm Bureau and conformed with the mural guidelines.

Mural Agreement: The City’sMural Guidelines requires that the property owner and applicant, which in this case are the same, enter into an agreement that identifies the terms and conditions under which the mural will be applied. A draft of the mural agreement is attached to this report (Attachment #6).

Fiscal Impact:

None. The applicant and artists are responsible for the installation, maintenance, and removal of the mural.

Prior Council Action: The Council previously approved a mural installed on the east wall of the same building on December 19, 2016.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the application for a mural located on the south-facing wall of a building located at 737 North Ben Maddox Way.

Environmental Assessment Status: The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to signs.

CEQA Review: The mural is considered Categorically Exempt under Section 15311 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA), as amended, due to the project being a placement of minor structure accessory to existing facilities including but not limited to Visalia City Council Printed on 4/30/2025Page 2 of 3
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project being a placement of minor structure accessory to existing facilities including but not limited to signs.

Attachments:

Attachment #1: Application
Attachment #2: Mural Rendering
Attachment #3: Elevation of building prior to mural
Attachment #4: Existing mural previously approved by Council in 2016 on site Attachment #5: Location Map
Attachment #6: Draft Mural Agreement
Attachment #7: Mural Guidelines
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Tulare County Farm Bureau, 737 N. Ben Maddox Way

The mural is proposed on the south face of the building facing Ben Maddox Way (refer to red outline). Photo date: Nov. 2024. Google Street View. 388
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Location Map
E Goshen Ave
N Ben Maddox Way
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MURAL INSTALLATION AND MAINTENANCE AGREEMENT

This MURAL INSTALLATION AND MAINTENANCE AGREEMENT (the
“Agreement”) is made this _____________, 2025, in the City of Visalia, County of Tulare, State of California, by and between Tulare County Farm Bureau (“Owner”), Colleen Mitchell-Veyna (“Artist”) and the City of Visalia (“City”).

W I T N E S S E T H:

WHEREAS, City understands the importance of art in public places and the role that murals play in preserving our culture, conveying the history of our community, beautifying the city, and advancing the arts.

WHEREAS, murals are permitted under the City’s sign ordinance upon the issuance of a permit from City pursuant to Visalia Municipal Code § 17.48.040.

WHEREAS, pursuant to City’s Mural Guidelines and Procedures, murals meeting certain specification are allowed subject to review by the Mural Panel and final approval by the City Council in accordance with VMC § 17.48.040.

WHEREAS, pursuant to the City’s Mural Guidelines, following approval by the Mural Panel, Owner and Artist are required to provide to the City Manager, or his/her designee, evidence of an agreement which identifies the terms and conditions under which the mural will be applied; and

WHEREAS, to comply with the City’s mural guidelines, Owner, Artist, and City desire to execute an agreement establishing the Parties’ rights and responsibilities with respect to the installation, maintenance, and ownership of the mural.

NOW, THERFORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties hereto agree as follows:

Article 1
Definitions

1.1 “Commercial” means words or images used elsewhere in the marketplace for the purpose of promoting a particular business, product, service, cause, place or brand.

1.2 “Commercial element” means art that by virtue of its location or proximity to a business may serve a minimal commercial purpose. If that art were in a different location, it would be considered pure art and not commercial in nature.

1.3 “Good condition” means that the mural is free of dirt, debris, and any other object or substance interfering with the public’s view of the mural.

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1.4 “Mural” means a sign as defined in Visalia Municipal Code, Chapter 17.48.

It is also generally described as a picture or representation, in any type of medium, on an exterior surface of a building, structure, fence or garden wall.

1.5 “Mural Panel” means the group of individuals approved by the City Manager to review applications to place murals in public places prior to presentation to Council.

Article 2
Owner’s Covenants

2.1 Authorization. Owner covenants that Owner owns the property located at 737 N. Ben Maddox Way, Visalia, California, 93292 (the “Property”), is authorized to permit the mural’s installation upon the south-facing wall of the Property, and will permit Artist to do so following this Agreement’s execution.

2.2 Maintenance and Repair. Owner covenants to maintain and repair the mural during the term of this Agreement so that the mural is at all times in a state of good condition.

Article 3
Artist’s Covenants

3.1 Installation. Artist covenants to complete installation of the mural on the south-facing wall of the Property within 120 days after this Agreement’s execution.

3.2 Necessary Artistic Repairs. Artist covenants to assist Owner in making any necessary repairs to the mural’s artistic content, including, but not limited to, restoring a damaged portion of the mural’s content.

Article 4
Term, Termination, and Extension

4.1 Term. This Agreement shall have a term of ten (10) years from the date of execution, unless terminated pursuant to Article 4 or Article 8.

4.2 Owner’s Termination. Owner may elect to terminate this Agreement without any liability to Artist or City if Artist: (a) fails to install the mural as specified in this Agreement; or (b) fails to complete installation of the mural on the date required by Section 3.1 for any reason. In the event of such termination, Owner may elect to cover or remove those parts of the Mural that have been installed.

4.3 City’s Termination. City may elect to terminate this Agreement without any liability to Artist or Owner if the Mural is not maintained in accordance with Section

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4.4 Extension. The Parties hereto may mutually agree in writing to extend the term of this Agreement for successive five (5) or ten (10) year periods.

Article 5
Mural Specifications

5.1 Artistic Freedom. The provisions of this Article 5 shall not in any way limit or restrict Artist’s right to include content in the mural that is not commercial, indecent, or obscene.

5.2 Commercial Content. The mural shall not include an advertisement or be commercial in nature. Murals shall not contain copy, lettering, symbols or references directly to the promotion of any product, business, brand, organization, service, cause or place. Murals may contain limited commercial elements so long as they are not considered commercial speech with the purpose of promoting a commercial transaction.

5.3 Obscene and Indecent Content. The mural shall comply with City ordinances prohibiting indecency and obscenity in public.

5.4 Sponsor and Artist Identification. In no event shall the name of a sponsor, a sponsor product likeness, or the Artist’s signature individually comprise more than one (1) percent of the mural.

5.5 Configuration and Dimensions. The mural shall be of the same configuration and dimensions as the scale rendition preliminarily approved by the Mural Panel and Owner.

Article 6
Installation

6.1 Time of Installation. Artist shall begin installing the mural as soon as reasonably practicable after this Agreement’s execution.

6.2 Notice of Installation. Artist shall provide advance notice in writing to Owner of the date and time Artist intends to install the mural. Artist may thereafter proceed with the installation if Owner is not present, unless Owner notifies Artist in writing otherwise.

6.3 Materials. Artist shall be responsible for providing, at its cost, all materials necessary to install the mural.

6.4 Landscape Protection and Removal. Parties acknowledge that the site of the proposed mural does not contain landscaping. .

6.5 Application for Encroachment Permit. Artist shall determine whether installation of the mural requires an encroachment permit pursuant to Visalia Municipal 393

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Code § 12.12.010, which requires an encroachment permit for any work performed in the public right of way or utility easements in the City, and, if required, Artist shall acquire said permit prior to commencing the mural’s installation.

Article 7
Maintenance and Repairs

7.1 Maintenance and Repairs. Owner shall be responsible for maintaining the mural in good condition at all times while this Agreement is in force. If, for any reason, the mural is not so maintained, as determined by City, City shall notify Owner of the need to perform maintenance and/or repairs and identify the actions necessary for compliance with this provision. If, after thirty (30) days from the date of the City’s notification to Owner of the need for maintenance and/or repairs, Owner has not performed the actions identified by City as being necessary for compliance with this provision, City may enter Owner’s property and perform any necessary maintenance and/or repairs at Owner’s expense.

7.2. Access. Owner hereby grants City and Artist a right of access to the Property to paint the mural and to perform maintenance and repairs required pursuant to this Agreement, and otherwise to ensure the mural remains in good condition while this Agreement is in force. The license shall continue for a period of ten (10) years from the date of this Agreement’s execution.

Article 8
Removal

8.1 Removal by City. City may remove the mural at Owner’s expense if Owner fails to maintain the Mural in good condition as provided in Section 7.1.

8.2 Removal by Owner. Owner may remove the mural at Owner’s expense if Owner reasonably determines that the mural is harming the Property or limiting Owner’s ability to use the Property for the purpose for which it is intended; provided that Owner shall provide Artist and City with sixty (60) days’ notice that Owner intends to remove the mural at the end of the notice period. If possible, Owner shall work with Artist and City to find another suitable site for the mural.

Article 9
Insurance and Indemnification

9.1 Insurance. Owner or Artist shall obtain adequate insurance, both in type and amount, as determined by the City’s Risk Manager; provided however, that if either party is unable to obtain insurance coverage, then in lieu thereof the Owner and the Artist may agree to indemnify City pursuant to Section 9.2.

9.2 Indemnification and Coordination. Unless insurance coverage has been obtained in accordance with Section 9.1, Owner and Artist hereby agree:
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(i) to jointly and severally indemnify City for any costs the City incurs in connection with the mural caused by the actions of the Owner or Artist, their officers, employees, or agents, or any person who was under their control insofar as permitted by law. Further, Owner and Artist hereby agree to hold harmless, indemnify, and defend the City of Visalia, its officials, members, agents, and employees against any claims, costs, damages, demands, liability, and notices, or any of these, arising or resulting from any damage or injury proximately caused by actions of either party in connection with the mural, regardless of whether the city is actively negligent or passively negligent, except for those claims, costs, damages, demands, liability, and notices, or any of these, caused solely by the negligence or willful misconduct of City; and

(ii) to cooperate with the City to respond to specific risks, hazards, and dangers to public health and safety that are reasonably foreseeable consequences of the activity contemplated by this Agreement.

Article 10
Intellectual Property

10.1 Ownership: Ownership rights in the mural are as specified in this Agreement, regarding the right to maintain and remove, if necessary, the mural, and in regards to intellectual property rights, as specified in this Article 10.

10.2 Copyright. Subject to the restrictions and usage rights and licenses granted to Owner hereunder, and unless otherwise agreed to by the parties in writing, Artist shall retain all 17 U.S.C. §106 copyrights in all original works of authorship produced under this Agreement, including but not limited to the design of the mural. If Artist is comprised of two or more individual persons, the individual persons shall be deemed joint authors of the mural.

10.3 Owner’s Intellectual Property License. Artist hereby grants to Owner, and to Owner’s agents, authorized contractors and assigns, and to City an unlimited and irrevocable license to do the following with respect to the Mural:

(i) Owner may use and display the mural on the Property only.

(ii) Owner and City may make, display, and distribute, and authorize the making, display, and distribution of photographs and other reproductions of the mural.

Owner and City may use such reproductions for any Owner-related or City-related purpose, including advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic, and multimedia publicity. Owner and City shall ensure that such reproductions are made in a professional and tasteful manner, in their sole and reasonable judgment. Owner and City shall make reasonable efforts to ensure that such reproductions include the following credit line and copyright notice where practicable: “[Title of Artwork]” © [Year of completion] by [Artist’s name]. Failure to include such credit line and notice in any reproductions shall not constitute a breach of this 395

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agreement. Neither Owner nor City may license or sublicense its rights for any private or commercial purpose. This license granted hereunder does not include the right to sell photographs or reproductions of the mural or to reproductions.

10.4 Third Party Infringement. Artist represents and warrants that the mural is the sole work of the Artist and does not infringe the intellectual property rights of any third parties. Neither Owner nor City is responsible for any third party infringement of Artist’s copyright or for protecting Artist’s intellectual property rights. Further, Artist agrees to indemnify Owner and City against any claims brought against Owner or City alleging that the mural infringes the intellectual property rights of any third parties.

10.5 Publicity. Owner and City shall have the right to use Artist’s name, likeness, and biographical information, in connection with the display or reproduction and distribution of the mural. Artist shall be reasonably available to attend any ceremonies related to the mural.

10.6 Trademark. In the event that Owner’s or City’s use of the mural creates trademark, service mark or trade dress rights in connection with the mural, Owner and City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress.

10.7 Waiver of Artist’s Rights. With respect to the mural produced under this Agreement, and in consideration of the procedures and remedies specified in this Agreement, Artist hereby waives any and all claims, arising at any time and under any circumstances, against Owner and City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987, et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§ 987, et seq., or any other type of moral right protecting the integrity of works of art. Specifically, Artist hereby waives any and all such claims against Owner or any future owners of the Property, and its agents, officers and employees, and City. Artist hereby represents and warrants that the Artist is authorized to sign this waiver.

Article 11
Miscellaneous Provisions

11.1 Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL

ONE PARTY TO THIS AGREEMENT BE LIABLE TO THE OTHER PARTY FOR

ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES,

INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS

AGREEMENT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS

AGREEMENT, REGARDLESS OF WHETHER A CLAIM MADE BY THAT PARTY IS BASED ON CONTRACT OR TORT.

11.2 Survival. The provisions contained in Article 10 shall survive the expiration or termination of this Agreement.
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11.3 Modification and Amendment. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.

11.4 Governing Law; Venue. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation and performance of this Agreement shall be in Visalia.

11.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.

11.6 Entire Agreement. This Agreement sets forth the entire agreement between the parties and supersedes all other oral or written provisions.

11.7 Counterparts. This Agreement may be executed in multiple counterparts and signatures may be exchanged by facsimile or electronically, each of which shall be deemed to be an original document, and all of which together shall constitute one and the same document.

11.8 Relationship of the Parties. Nothing contained in the Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The relationship between the Parties shall at all times be that of independent contractors. Neither Party shall have authority to contract for or bind the other in any manner whatsoever. The Agreement confers no rights upon either Party except those expressly granted herein.

11.9 Attorney Fees. In the event either party commences legal proceedings for the enforcement of this Agreement, the prevailing party shall be entitled to recovery of its attorney’s fees, litigation expenses, and court costs incurred in the action brought thereon. Attorney’s fees and litigation expenses shall include without limitation costs of preparation and discovery and retaining expert witnesses, and such fees and expenses shall be payable whether or not the litigation proceeds to final judgment. “Prevailing party” shall be defined as the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that defendant. When any party recovers other than monetary relief and in situations other than as specified herein, the prevailing party shall be as determined by the court.

11.10 Notices. Notices or other communications required by this Agreement will be sufficiently made or given if mailed by certified First Class United States mail, postage pre-paid, or by commercial carrier (e.g., FedEx, UPS, etc.) when the 397

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carrier maintains receipt or record of delivery, addressed to the address stated below, or to the last address specified in writing by the intended recipient.

Owner: Tulare County Farm Bureau, Attn: Tricia Stever Blattler 737 N. Ben Maddox Way
Visalia, CA 93292

Artist: Veyna Design Studios, Inc.
c/o Colleen Mitchell-Veyna
1846 N. Millican Creek St.

Lafayette, OR
Email: [email protected]

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

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the date first specified herein.

Owner

________________________________________
Tricia Stever Blatter, Tulare County Farm Bureau

Artist

______________________________
Colleen Mitchell-Veyna

City

______________________________
Leslie Caviglia
City Manager

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Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0150 Agenda Date: 5/5/2025 Agenda #: 10.

Agenda Item Wording:

Request Authorization to File Notice of Completion and Appropriation of Funds for Network Fiber Connectivity Project - Authorize the filing of a Notice of Completion the Network Fiber Connectivity at the Visalia Animal Care Center, and appropriate an additional $27,000 from the ARPA Fund.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Jonathan Frausto, Associate Engineer, [email protected], 713-4369 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 filing of a Notice of Completion for the Network Fiber Connectivity at the Visalia Animal Care Center, CP0768, and appropriate an additional $27,000 from the American Rescue Plan Act (ARPA) Fund.

Background Discussion:

The project expanded the City’sexisting fiber optic infrastructure to the Visalia Animal Care Center to provide reliable network connectivity to the City’scomputer network resources. The Visalia Animal Care Center has been using a wireless microwave point to point connection since its construction in 2015. This connection has been unreliable, requiring frequent repairs impacting computer, internet, phone and day to day operations.

Change Orders:

The final cost of the construction contract including change orders is $148,294.92. Only one Change Order was processed in the amount to $2,794.92. Below is a summary of the contract change:

Change Order Breakdown To-Date
Category Cost Percentage
Errors & Omissions (E&O)$0.00 0.00%
Utility Conflict (UT) $0.00 0.00%
Balance of Quantities (BQ)$0.00 0.00%
Unforeseen (UN) $2,794.92 1.92%
Change of Scope (CofS)$0.00 0.00%
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Change Order Breakdown To-Date
Category Cost Percentage
Errors & Omissions (E&O)$0.00 0.00%
Utility Conflict (UT) $0.00 0.00%
Balance of Quantities (BQ)$0.00 0.00%
Unforeseen (UN) $2,794.92 1.92%
Change of Scope (CofS)$0.00 0.00%
Total: $2,794.92 1.92%
Unforeseen (UN):

During the project construction staff worked closely with the Information Services (IS) department to assist with the connection tie-in point. Through field investigation it was discovered that the fiber cable, originally thought to be 12-strand, was 24-strand due to an emergency repair. This additional field investigation into the 24-strand cable helped establish a secure connection from the Animal Care Center to the Airport Terminal. The change order covered extra work for splicing additional fiber wires.

Fiscal Impact:

This project was federally funded using the American Rescue Plan Act (ARPA).

The final cost of the construction contract including change orders and staff time is $148,294.92 with only one change order processed in the amount to $2,794.92.

Staff recommends the additional appropriation of $27,000 from ARPA fund balance to cover staff costs associated with the project to include design, construction management, inspection, and survey. City staff costs were not initially accounted for in the project budget.

Prior Council Action:

September 16th, 2024: City Council authorized the City Manager to enter into a contract with County Line Resources for RFB-23-24-34 for the Network Fiber Connectivity at Visalia Animal Care Center in the amount of $145,500.

Recommended Motion (and Alternative Motions if expected):

I move to Authorize the filing of a Notice of Completion for the Network Fiber Connectivity at the Visalia Animal Care Center, CP0768, and appropriate an additional $27,000 from ARPA fund balance. ..end
Environmental Assessment Status:

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File #: 25-0150 Agenda Date: 5/5/2025 Agenda #: 10.

Categorical Exemption 2024-67
CEQA Review:

Categorical Exemption, Class 1, Section 15301d
Attachments:

1. Location Map

2. Draft Notice of Completion
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PROJECT LOCATION
DRIVE 85
CA-99

VISALIA MUNICIPAL AIRPORT
406

Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer

This instrument benefits City only. No fee required
per Government Code Section 6103

Project
Notice of Completion

NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

NETWORK FIBER CONNECTION AT VISALIA

ANIMAL CARE CENTER
PROJECT NO. 3880-72000/CP0768-999

under the contract agreement entered into with County Line Resources dated September 27th 2024, as a whole was completed on May 5th 2025, and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.

__________________________________
Date

CITY OF VISALIA

BY __________________________________________
Christopher Crawford
City Engineer

State of California
County of Tulare

Subscribed and sworn to (or affirmed) before me on this __________________ day of ______________________________, 20_______, by Christopher Crawford, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

___________________________________
Date

__________________________________________
Notary Signature
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. 407
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0153 Agenda Date: 5/5/2025 Agenda #: 11.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Rotary Park Playground Replacement Project.

Deadline for Action: 5/5/2025
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Parks and Recreation Director 713-4042; [email protected] Department Recommendation:

Staff recommend that the City Council authorize the filing of a Notice of Completion for the Playground Replacement Project at Rotary Park.

Background Discussion:

Summary:

The scope of work included the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure. The contract was awarded to R.E. Shultz Construction at the April 15, 2024, City Council Meeting in the amount of $259,630.00.

Background:

On January 2, 2024, and January 9, 2024, the City solicited bids by advertising in the Visalia Times Delta and the RFB was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on our construction projects list to participate in this bid process.

On January 17, 2024, and January 18, 2024, two mandatory pre-bid meetings were held at Rotary Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

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

On February 1, 2024, the City received bids from six (6) contractors. A selection committee was formed and met on January 18, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-30. During their review the committee felt that the proposals submitted by Zoom Recreation Option 1, R. E. Schultz Visalia City Council Printed on 5/2/2025Page 1 of 2
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File #: 25-0153 Agenda Date: 5/5/2025 Agenda #: 11.
review the committee felt that the proposals submitted by Zoom Recreation Option 1, R. E. Schultz Option 1, and R. E. Schultz Option 2 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on March 20, 2024, to review the cost for each of the top two designs and concluded that the R. E. Schultz Option 2 design proposal was the overall winner that best meets the requirements of RFP #23-24-30 and the needs of the community.

Fiscal Impact:

The fiscal impact for the Rotary Park Playground Replacement Project is funded by ARPA Fund 642 (Project No. 3880-72000/CP0763-999). There were no change orders for the project.

Rotary Park Playground Replacement Project CIP 3880-
72000/CP0763-999
Fund 388 - ARPA Fund $259,630.00
Actual Construction Costs
R.E. Schultz Construction $259,630.00
Building Permit $ 519.30
Legal Advertisement $ 357.74
Total Project Costs $260,507.04
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with R.E. Schultz Construction for the removal of the existing playground structure and installation of a new playground structure with a freestanding shade structure.

Other: None
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Move to Authorize the filing of a Notice of Completion for the Rotary Park Playground Replacement Project ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Printed on 5/2/2025Page 2 of 2
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Rotary Park Site Map
Playground Area
410

Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer

This instrument benefits City only. No fee required
per Government Code Section 6103

Project
Notice of Completion

NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

ROTARY PARK PLAYGROUND REPLACEMENT PROJECT RFP 23-24-30 under the contract agreement entered into with R.E. Schultz Construction dated 4/15/2024, as a whole was completed on 2/10/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.

__________________________________
Date

CITY OF VISALIA

BY __________________________________________
Christopher Crawford
City Engineer

State of California
County of Tulare

Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

___________________________________
Date

__________________________________________
Notary Signature
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. 411
412
413
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0154 Agenda Date: 5/5/2025 Agenda #: 12.

Agenda Item Wording:

Park Project Notice of Completion - Request authorization to file a Notice of Completion for the Jefferson Park Playground Replacement Project.

Deadline for Action: 5/5/2025
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Parks and Recreation Director 713-4042; [email protected] Department Recommendation:

Staff recommens that the City Council authorize the filing of a Notice of Completion for the Playground Replacement Project at Jefferson Park.

Background Discussion:

Summary:

The scope of work included the removal of the existing playground structure and installation of a new playground structure with a sail type shade structure. The contract was awarded to R.E. Shultz Construction at the April 15, 2024, City Council Meeting in the amount of $236,415.00.

Background:

On January 2, 2024, and January 9, 2024, the City solicited bids by advertising in the Visalia Times Delta and the RFB was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on our construction projects list to participate in this bid process.

On January 17, 2024, and January 18, 2024, two mandatory pre-bid meetings were held at Rotary Park. Several contractors attended the pre-bid meetings. During the pre-bid meetings, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

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

On February 1, 2024, the City received bids from six (6) contractors. A selection committee was formed and met on January 18, 2024.

The selection committee reviewed the designs in a two-part process. The first review of the proposals that were submitted used the design criteria that were established in RFP #23-24-31. During their Visalia City Council Printed on 5/2/2025Page 1 of 2
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File #: 25-0154 Agenda Date: 5/5/2025 Agenda #: 12.
review the committee felt that the proposals submitted by R. E. Schultz Option 1, and R. E. Schultz Option 2 had the top two designs. Staff then submitted the results to the Purchasing Division and the sealed cost proposals were released to the selection committee for review. The selection committee then meet again on March 20, 2024, to review the cost for each of the top two designs and concluded that the R. E. Schultz Option 1 design proposal was the overall winner that best meets the requirements of RFP #23-24-31 and the needs of the community.

Fiscal Impact:

The fiscal impact for the Jefferson Park Playground Replacement Project is funded by ARPA Fund 642 (Project No. 3880-72000/CP0763-999). There were no change orders for the project.

Jefferson Park Playground Replacement Project CIP 3880- 72000/CP0763-999
Fund 388 - ARPA Fund $236,415.00
Actual Construction Costs
R.E. Schultz Construction $236,415.00
Building Permit $ 511.80
Legal Advertisement $ 357.74
Total Project Costs $237,284.54
Prior Council Action: April 15, 2024 - Council authorized the City Manager to award and enter into a construction contract with R.E. Schultz Construction for the removal of the existing playground structure and installation of a new playground structure with a sail type shade structure.

Other: None
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Move to Authorize the filing of a Notice of Completion for the Jefferson Park Playground Replacement Project ..end
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Location Map, Draft Notice of Completion, Site Photos Visalia City Council Printed on 5/2/2025Page 2 of 2
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Playground Area
416

Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer

This instrument benefits City only. No fee required
per Government Code Section 6103

Project
Notice of Completion

NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

JEFFERSON PARK PLAYGROUND REPLACEMENT PROJECT RFP 23-24-31 under the contract agreement entered into with R.E. Schultz Construction dated 4/15/2024, as a whole was completed on 4/21/2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia.

__________________________________
Date

CITY OF VISALIA

BY __________________________________________
Christopher Crawford
City Engineer

State of California
County of Tulare

Subscribed and sworn to (or affirmed) before me on this __________________ day of _________________, 20_______, by ______________, proved to me on the basis of satisfactory evidence to be the person who appeared before me.

___________________________________
Date

__________________________________________
Notary Signature
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. 417
418
419
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0162 Agenda Date: 5/5/2025 Agenda #: 13.

Agenda Item Wording:

Consolidated Water District Formation Ballot Measure - Authorization to not submit ballots for a petition to form the Consolidated Water District in parts of Tulare County.

Deadline for Action: 5/5/2025
Submitting Department: Administration
Contact Name and Phone Number: Leslie B. Caviglia, City Manager, 713-4332; Nick Bartsch, Public Works Director, 713-4052.

Department Recommendation: It is recommended that the Visalia City Council direct staff to remain neutral and not submit the ballots issued in the election to form the Consolidated Water District.

Summary:

The City of Visalia has received two ballots on the petition to form a Water District. The City owns two parcels in this proposed district that represent a total of 563,529 votes (225,194 on one ballot and 338,335 on the second) out of a possible 480,019,368 available votes. This makes the City’svoting share .1174%. The actual percentage impact is dependent on the number of returned ballots and the value of each returned ballot. Vote value is based on land value. One dollar of land value is equal to one vote.

Given the City’s current partnerships and resources with water, and the relatively small representation that Visalia would have in this new District, it is unclear what the direct benefit would be, although if it passes, Staff would encourage Council to have the City partner with and be involved with the District.

However, given that the real parties that have the most vested interest in the District formation are the agricultural interests, staff is recommending that the City follow past practice from similar situations and not participate in the vote, but rather leave the decision of whether to form the district to those most impacted. This is similar to what the City has done with the Downtown property owner district ballots; the City is supportive of the district, pays the assessment on the property in the district, and actively engages with districts projects and programs, but the City has generally not voted, and left that decision to the other property owners who are more directly impacted by the District.

Background Discussion:

On September 4, 2024, the Tulare County Local Agency Formation Commission (LAFCO) approved a proposed Water District Formation and coterminous Sphere of Influence Creation that affected approximately 84,000 acres of Tulare County. The name of the proposed water district is the Consolidated Water District (CWD). The areas affected are roughly bound by the Kaweah River to the north, Road 196 to the east, the Tule River to the south, and the Cities of Visalia and Tulare to the west containing 2,626 parcels and 11 partial parcels. (Map attached as part of petition) The proposed Visalia City Council Printed on 5/2/2025Page 1 of 3
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File #: 25-0162 Agenda Date: 5/5/2025 Agenda #: 13.
west containing 2,626 parcels and 11 partial parcels. (Map attached as part of petition) The proposed CWD boundaries overlay with the Consolidated Peoples Ditch Company (CPDC), Farmers Ditch Company (FDC), Persian Ditch Company, and Watson Ditch Company, all private water and ditch companies that provide surface water to their shareholders for commercial agricultural production.

The City has shares of ditch stock in both Persian and Watson Ditch companies. CPDC currently operates a conveyance facility that is only partially utilized, while FDC lacks sufficient conveyance capacity for its high-flow water rights. The proposed creation of the CWD is intended to provide incentives to the landowners within the boundary to provide them with a superior position to effectuate, operate, and maintain these improvements for better delivery of surface water for agricultural uses and better management of groundwater to mitigate potentially severe economic impacts from the Sustainable Groundwater Management Act (SGMA).

California Water Districts are established in accordance with the California Water District Law, Water Code Section 34000 et seq and are “landowner voter” districts. The formation of the Consolidation Water District is contingent upon a successful election. Each landowner within the CWD’sboundaries was mailed a ballot by the Tulare County Registrar of Voters in April 2025.

The County is voting in favor of the formation, noting that the District could improved management of groundwater resources to better support properties dependent on groundwater, such as the Central Road Yard and Woodville Landfill. The County also believes that the formation could lead to reduced SGMA expenses through the potential transfer of credits from non-groundwater dependent county- owned properties.

City Staff is unclear that there is much of a direct benefit to the City given the partnerships and projects that the City is already utilizing and able to access; however, if the District is formed, staff would recommend that the City be involved and work with the District.

Fiscal Impact:

There is no direct City impact at this time. If the District is formed, there is likely to be an assessment in the future to pay for operations and projects.

Prior Council Action: N/A
Other: N/A
Alternatives: To direct staff to submit the two ballots in favor of the District formation, or to direct staff to submit the two ballots in opposition to the formation of the District.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to remain neutral and not vote in the election to form the Consolidated Water District.

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

Petition for Formation of Water District
Proposed Water District Map
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File #: 25-0162 Agenda Date: 5/5/2025 Agenda #: 13.

Publication: Notice of Election
Water Ballots
Visalia City Council Printed on 5/2/2025Page 3 of 3
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424
425
426
427
428
|ÿ99
|ÿ99
|ÿ137
|ÿ137
|ÿ63
Rd 180
Cartmill
Oakdale
Prosperity
Ave 160
Turner
Ave 184
Ave 200
Rd 64
Rd 96
Rd 84
Rd 132
Rd 80
Rd 108
Rd 100
Rd 48
Matheny
Tract
East
Tulare
Villa
Ave 256
Ave 248
Ave 240
Ave 232
Ave 224
Ave 208
Ave 192 Rd 140
Rd 164
|ÿ65
Mooney
Ave 264
Ave 176 Rd 52
Rd 68
Rd 152
Rd 196
Rd 188
|ÿ198
|ÿ198
Ave 272
Ave 280
Ave 288
Tract 92
City of
Tulare
City of
Exeter
C
Li
City of
Farmersville
City of
Visalia
Ave 304
Tipton
Woodville
Plainview
Goshen
Ü
012345
Miles
LAFCO Case 1585 (Proposed Consolidated Water District)
Consolidated WD (Proposed)
Roads
Created by Tulare County LAFCO
Tulare County
10/10/24
The Sphere of Influence
is to be coterminous with the
proposed district boundaries. 429

PUBLICATION

NOTICE OF ELECTION FOR THE

CONSOLIDATED WATER DISTRICT

FORMATION AND NOTICE OF DATE FIXED

FOR SUBMITTING ARGUMENTS AND NOTICE
OF VOTE BY MAIL PROCESSING.

NOTICE IS HEREBY GIVEN of a special mail ballot
election to be held in Tulare County in the State of
California, on May 6, 2025. The purpose of the election is to determine if the Consolidated Water District shall be formed and to elect the initial board of directors of the district, if the formation passes by a vote of landowners of the proposed district.

Proposed Boundaries
The proposed district is comprised of 2,626 parcels. The district’s boundaries approximately comprise the
Consolidated Water District. To view a map of the
proposed district boundary, please visit the Current
Election Information page of the Tulare County
Registrar of Voters website at
www.tularecoelections.org.

Formation Measure
The following measure will be submitted to the
landowners of the proposed Consolidated Water District:

FORMATION OF THE

CONSOLIDATED WATER DISTRICT

Shall the order adopted on September 4, 2024 by
the Local Agency Formation Commission of Tulare
County ordering the formation of the Consolidation
Water District be confirmed subject to the terms
and conditions specified in the order?

YES NO

Arguments For or Against Measure
Arguments for or against this measure may be submitted
to the office of the Tulare County Registrar of Voters
until February 15, 2025. This time has been determined
by the County Registrar of Voters to be a reasonable
period based upon the time necessary to prepare and
print the arguments. No argument shall exceed 300
words in length.

Pursuant to Section 9162 of the Elections Code, one
argument for and one argument against this measure will be selected for printing and distribution to the voters with the sample ballot.

The elections official will also provide opportunity for rebuttal arguments to be filed no later than February 25 , 2025, in accordance with Section 9504 of the Elections
Code.

For more information on filing arguments , call the
Registrar of Voters office at (559) 839-2100.

Simultaneously, 5 Directors will be elected to the
Governing Board should the formation of the district be approved by the voters.

Pursuant to Cal. Water Code Section 34700, each
director shall be one of the following:

(a) A holder of title to land within the district.
(b) The legal representative of a holder of title to
land in the district in accordance with Section
34030.
(c) A representative designated by a holder of title
to land within the district, if the holder has filed
with the district written evidence of that
designation.

Forms for declaration of candidacy may be obtained
from the Registrar of Voters office at 5300 West Tulare Avenue, Suite 105, Visalia, California commencing on
January 13, 2025, the 113
th day before the election and
shall be filed with the Registrar of Voters in person
received not later than 5:00 p.m. , February 7, 2025,
the 88th day before the election.

Mailing of Ballots
Qualified landowners within the proposed district will be mailed ballots for this election beginning April 7 , 2025.

All voters and legal representatives of voters may vote by mail, or by proxy at the election.

This is a Vote By Mail Election – There will be no
voting locations.

Vote by Mail Processing
The processing of mailed bal lots occurs April 7 , 2025 through May 6, 2025 during normal business hours
Monday through Thursday 7:30 a.m. to 5:30 p.m. and
Friday 8:00 a.m. to 12:00 p.m. at the Tulare County
Registrar of Voters o ffice located at 5300 West Tulare Avenue, Suite 105, Visalia, California.

Manual counting of mailed ballots will commence on
May 6, 2025 beginning at 8:00 a.m. at the County
Registrar of Voters office at 5300 West Tulare Avenue,
Suite 105, Visalia, California. Ballots that are received timely will continue to be tallied Monday through Friday during normal business hours through the completion of
canvass on May 20, 2025.
430

DATED: January 14, 2025

Michelle Baldwin,

REGISTRAR OF VOTERS

By:

Maryalice Cypert, Election Program Coordinator

Quienes desean obtener la version en español de este
aviso legal pueden solicitar una copia llamando al
Departamento de Registro de Votantes, (559) 839-2100.

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435
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0165 Agenda Date: 5/5/2025 Agenda #: 14.

Agenda Item Wording:

Resolution Adopting Objective Design Standards - Adoption of Resolution No. 2025-30 pertaining to the approval of Objective Design Standards in accordance with the City Council’sprior action taken for 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.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation:

Staff recommends that the City Council adopt Resolution No. 2025-30, adopting Objective Design Standards for new single-family residential development, in response to the action taken by City Council following a public hearing on April 21, 2025.

Background Discussion:

On April 21, 2025, staff presented to the City Council a revised draft Objective Design Standards (ODS) Ordinance (the original staff report from this date is included as Attachment 2). The Ordinance was intended to establish new sections in the Zoning Ordinance, and would be the final action related to the Council-directed effort to prepare regulations pertaining to ODS and Planned Residential Development (PRD) Standards applicable to new single-family residential development. The effort is in response to current growth trends where developers have been utilizing smaller lot sizes and new design techniques. The standards address a range of topics that include appearance, landscaping, fences, off-street parking, and common open space areas within planned residential developments.

Following the public hearing and consideration to introduce a first reading of Revised Ordinance No. 2024-16, the City Council voted 3-2 to adopt an alternative motion as follows:

Alternative Motion No. 2: To adopt the Single-Family Residential Objective Design Standards and PRD standards by resolution rather than by ordinance. Adoption by resolution allows for these standards to be modified / revised in the future without holding multiple public hearings.

Resolution No. 2025-30, included herein as Attachment 1, enables the City to require and enforce these standards upon new single-family residential development. Unlike the Ordinance presented to City Council on April 21, 2025, standards in the Resolution will not be specified in the Municipal Code Visalia City Council Printed on 5/2/2025Page 1 of 3
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nor chaptered as multiple sections (i.e., Visalia Municipal Code Sections 17.12.140 through 230).

Rather, the standards will rest within the Resolution without corresponding section numbers. Adoption by resolution still makes the standards enforceable as law. This structure is similar, for example, to the City’s adopted Model Good Neighbor Policies, which are required for all multi-family developments, and the terms are specified by Resolution adopted by the Planning Commission.

Future Ordinance:

If the City Council adopts the Resolution implementing the Objective Design Standards, staff will also bring to Council, at a future date, a new Ordinance to be adopted for administrative purposes. The new Ordinance is necessary in order to: 1) add implementing language for the adopted-by-resolution ODS into the Zoning Ordinance (explaining that the adopted-by-resolution ODS are applicable to single-family residential development), and to 2) complete the removal of out-of-use municipal code language that is made obsolete by the ODS.

A good example of Zoning Ordinance text that refers to adopted-by-resolution regulations is Municipal Code Section 17.16.190 for the City’s Model Good Neighbor Policies. (link:
<https://codelibrary.amlegal.com/codes/visalia/latest/visalia_ca/0-0-0-34073>) Fiscal Impact:

None.

Prior Council Action:
· On December 16, 2024, City staff introduced separate Ordinances to adopt new regulations pertaining to Accessory Dwelling Units (ADUs) and ODS / PRD standards. The City Council proceeded with introducing the 1st Reading of the ADU Ordinance (which was subsequently passed with the 2nd Reading on January 21, 2025), and delayed action on the ODS Ordinance to allow additional time for interested parties to meet with staff. · On April 21, 2025, the City Council held a public hearing to consider the first reading of a revised draft Ordinance for the ODS / PRD standards, and voted 3-2 to approve with an alternative motion to adopt by Resolution rather than Ordinance.

Alternatives:

The City Council may either approve or not approve the Resolution. Not approving the Resolution would result in no adopted ODS; however, this would be inconsistent with City Council’saction taken on April 21 and therefore this alternative is not recommended.

Recommended Motion (and Alternative Motions if expected):

I move to adopt Resolution No 2025-30, adopting the Objective Design Standards for single-family residential development.

Environmental Assessment Status: Adopting the Objective Design Standards is considered exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment.

The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

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CEQA Review: Adopting the Objective Design Standards is considered exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed.

The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

Attachments:

Attachment 1: Resolution No. 2025-30
Attachment 2: City Council staff report from April 21, 2025 Visalia City Council Printed on 5/2/2025Page 3 of 3
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RESOLUTION NO. 2025-30
RESOLUTION NO. 2025-30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, ADOPTING

SINGLE-FAMILY RESIDENTIAL OBJECTIVE DESIGN STANDARDS APPLICABLE TO NEW SINGLE-FAMILY RESIDENTIAL DEVELOPMENTS. THE REGULATIONS WILL

APPLY CITYWIDE TO PROPERTIES WITHIN THE CITY LIMITS OF THE CITY OF VISALIA.

WHEREAS, the City of Visalia ha d initiated a Zoning Text Amendment to establish new objective design standards pertaining to single -family residential development, including lots below 5,000 square feet in size, a nd pertaining to Planned Residential Developments, in response to an increase of utilization of smaller lot sizes and new design techniques by proponents, and in response from proponents seeking to have a clear set of reliable codified objective design sta ndards form which to design a project and ensure support by City staff and officials, and in response to recent state legislation such as Senate Bill 9 (2021) and Senate Bill 35 (2017) that allows for ministerial approval of residential developments under certain provisions; and,

WHEREAS, the City of Visalia, following consultation with stakeholders, prepared a Public Review Draft Ordinance and posted said ordinance online at www.housevisalia.com, and requested public comment for a 30 -day review period, beginning August 30, 2024, and responded to comments received during the review period in a Revised Public Review Draft that would be presented to the Planning Commission and City Council; and

WHEREAS, the Planning Commission of the City of Visalia, after d uly published notice, held a public hearing before said Commission on November 12, 2024; and,

WHEREAS, the Planning Commission of the City of Visalia considered the Zone Text Amendment in accordance with Section 17.44.070 of the Zoning Ordinance of the City of Visalia and on the evidence contained in the staff report and testimony presented at the public hearing , and recommended that the City Council approve Zoning Text Amendment No. 2024 -03 by adopting the Revised Public Review Draft, as amended and presented to the Commission on November 25, 2024; and,

WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on December 16, 2024, and delayed action on the Ordinance to allow additional t ime for staff to meet with interested persons, stakeholders, and builders, to address concerns regarding standards and feasibility of the Revised Public Review Draft Ordinance; and

WHEREAS, the City of Visalia conducted additional consultation and meeting s with persons, stakeholders, and builders, which included two virtual meetings held on January 30 and February 5, 2025, which resulted in a Revised Draft Ordinance that was circulated for a 15-day review period beginning on March 14, 2025, and then presen ted to the City Council without changes; and,

WHEREAS, the City Council of the City of Visalia, after duly published notice, held a public hearing before said City Council on April 21, 2025 , and directed the 439
RESOLUTION NO. 2025-30
preparation of a Resolution for the adoption of Objective Design Standards, in lieu of the adoption of an Ordinance; and,

WHEREAS, the City Council of the City of Visalia finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines , Code of Reg ulations Section 15061(b)(3) (common sense exemption), as the proposed zone text amendment will not in and of themselves have an effect on the environment, and that the affected sites will continue to allow for residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

NOW, THEREFORE, BE IT RESOLVED that the project is exempt from further environmental review pursuant to CEQA Guidelines, Code of Regulations Section 15061(b)(3).

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves this resolution for the adoption of Objective Design Standards applicable to single -family residential development, included in Exhibit “A” of this Resolution , based on the following specific findings and evidence presented:

1. That the Zoning Text Amendment is consistent with the intent of the General Plan and Zoning Ordinance and is not detrimental to the public health, safety, or welfare, or materially injurio us to properties or improvements in the vicinity, as described in the following Land Use and Housing Element Policies:

Land Use Element Policy LU -O-21 - Preserve and enhance the character of residential neighborhoods while facilitating infill development.

Land Use Element Policy LU-O-23 - Provide a range of housing types and prices within new neighborhoods to meet the needs of all segments of the community.

Land Use Element Policy LU -P-49 - Preserve established and distinctive neighborhoods throughout the C ity by maintaining appropriate zoning and development standards to achieve land use compatibility in terms of height, massing and other characteristics; providing design guidelines for high -quality new development; supporting housing rehabilitation programs; and other means.

Land Use Element Policy LU -P-50 - Provide development standards to ensure that a mix of detached and attached single -family and multi-family housing types can be compatible in a single development.

Housing Element Policy 1.4 - The City shall encourage a mix of residential development types in the city, including single family homes, on a variety of lot sizes, as well as townhomes, row houses, live -work units, planned unit developments, accessory dwelling units, and multi-family housing.

Housing Element Policy 3.11 - The City shall continue to support, facilitate the construction, and provide for the development of accessory dwelling units on parcels with single -family and multi -family units while protecting the character of neighborhoods and zoned parcels as a means of providing affordable housing.

HE Program 2.7 Missing Middle: The City will review and amend residential development standards to allow for and promote a mix of dwelling types and 440
RESOLUTION NO. 2025-30
sizes, specifically missing middle-density housing types (e.g., duplexes, triplexes, courtyard buildings, townhomes) to encourage the development of housing types affordable to the local workforce.

Housing Element Program 3.15 Promoting Accessory Dwelling Units. - The City shall promote the development of ADUs, prioritizing the higher resource areas.

2. That applying the proposed Single -Family Residential Object Design standards to future housing and residential uses will reflect sound planning principles and will assist in enhancing the character of residential neighborhoods.

3. That the City has determined that the amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to the CEQA Common Sense Exemption, Code of Regulations Section 15061(b)(3) , since there would be no possibility of a significant effect on the environment.

PASSED AND ADOPTED: May 5, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certi fy the foregoing is the full and true Resolution 2025 -30 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 5, 2025.

Dated: May 6, 2025 LESLIE B. CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

441
RESOLUTION NO. 2025-30
City Council Resolution No. 2025-30

EXHIBIT “A”
The following Objective Design Standards are adopted by Resolution No. 2025-30 to read as follows:

Single-Family Residential Objective Design Standards

1. Purpose and Applicability
A. Purpose. The pu rpose of this Outline is to establish objective design standards that provide developers with a clear understanding of the City’s expectations for all residential project design and streamline the construction of housing units by reducing subjectivity in t he entitlement process. All applicable development projects are required to comply with all design standards found in this Outline in addition to all applicable Building Permit requirements, Zoning Ordinance requirements, City Engineering Division Design a nd Improvement Standa rds, and all other applicable City, County, and State provisions.

B. Applicability. The standards of this Outline apply to all new single -family residential developments on lots regardless of parcel size, except as described below.

1. For t he purposes of this Outline, accessory dwelling units (ADUs) are considered accessory structures to a single -family residence and are subject to all applicable design standards for accessory structures established in this Outline except where they interfer e with State law or the City’s ADU Ordinance.

2. Buildings and structures listed on the City’s Local Register of Historic Structures are excluded from the requirements of this Outline but are subject to committee review (see Visalia Municipal Code (“VMC”) Chapter

17.56).

C. Exception Powers of the Planning Commission. The Planning Commission may grant one or more exceptions to any of the regulations prescribed in this Outline by using the following exception process.

1. Application. Applicants seeking an exception shall follow the same procedures as those prescribed in VMC Chapter 17.42 for obtaining a variance. City staff shall prepare a separate form for applicants seeking an exception to file.

2. Review and Decision. In reviewing a request for an exception, the Planning Commission is not required to make any or all of the five findings required for a variance action found in Section 17.42.090. Rather, the Commission must make a finding that the standards requested through this exception process become an integral pa rt of the site develo pment (e.g., design, material, contour, height, distance, color, texture) and do not adversely affect the established and distinctive character of any existing neighborhoods that are adjacent to the site being developed to achieve land use compatibility in terms of height, massing and other 442
RESOLUTION NO. 2025-30
characteristics.

3. Appeals. The decision by the Planning Commission over the requested exception may be appealed to City Council in the same manner as a variance under the appeal provisions of Section 17.02.145.

4. Revocation and Lapse of Approval.
a. If the exception is approved, then the exception shall be subject to revocation or lapse in the same manner as a variance under VMC Chapter 17.42.
b. If a request for an exception is denied or revoked, then no application for the same or substantially the same varia nce on the same or substantially the same site shall be filed within one year of the date of denial or revoked unless the Planning Commission or City Council specifically allow such further applicatio ns in the decision for denial or revocation.

2. Site Planning
A. Site Placement

1. Orientation
a. The primary elevation of the residence shall face the primary public or private right -of-way on which the parcel is located. For the purposes of this Section the primary elevation is that in which the primary entrance is located.
b. On corner lots, the primary elevation is considered the elevation that is facing the street in which the residential address is associated with and front door is located. The
applicant/developer/property owner may file for an address change if they would like to change what street the primary elevation is located.
c. On corner lots, garages may be located on the secondary elevation and are required to include a garage setback of 22 feet. d. Garages (attached or detached) shall not exceed 75 percent of the width of the primary elevation. For lots less than 40 feet wide, this standard does not apply.
443
RESOLUTION NO. 2025-30

B. Site Development.

1. Setbacks. Structure setbacks shall be subject to the provisions of the applicable zone of which the subject parcel is located in. For single -family provisions please see VMC Chapter 17.12. For lots less than 5,000 square feet the setback requirements specified in Section 17.12.135 shall apply.

2. Height. Structure height shall be subject to the provisions of the applicable zone of which the subject parcel is located in. For single -family provisions please see VMC Chapter 17.12. For lots less than 5,000 square feet the height requirements specified in Section 17.12.135 shall apply.

3. Front Entryways. Front entryways shall comply with one of the following styles:
a. Front Porch.
i. Front porches shall be at least three feet deep and six feet wide.
ii. Front porches shall be covered by a roof with a similar style and material as the primary elevation.
iii. The front porch shall include a minimum of one window. iv. Front porches may project up to six feet into the front yard setback
v. Front porches shall include at least one step
b. Recessed Entry.
i. Recessed entries shall have a depth of at least one foot from the primary elevation to create a covered landing area. c. Deep Overhang.
i. Deep overhangs shall be a minimum depth of three feet and a maximum of five feet.
d. Front Landing.
i. Front landings shall be at least one foot deep.
ii. Front landings shall include at least one step.
iii. Front l andings shall be covered with a roof in similar style and material as the primary elevation.

3. Structure Design Standards.

A. All developments shall include at least three of the following design elements:

1. A projection for every 25 feet of continuous plane on each elevation. Each projection shall be at least two feet deep and five feet wide. A projected area shall be capped with an eave or gable that matches the same materials and style as the main structure. A projection may extend into the required setback if it complies with Section 17.32.090 (Yard requirements 444
RESOLUTION NO. 2025-30
– Exceptions) of this Title.

2. A recession for every 25 feet of continuous plane. Each recession shall be at least two feet deep, but no more than six feet deep, and at least five feet wide.

3. Second Floor Stepbacks. For two -story structures, the second floor shall be stepped back by at least three feet, but no more than 12 feet, from the ground floor wall plane. The stepback shall extend along at least 50 percent of the length of the wall plane. The s tepback may be continuous or composed of multiple segments that together total the required length.

4. A protruding window (such as a bay window) at least two feet in depth.

5. A change in total height of a façade for every 15 feet of continuous plane.

Change in height shall be a minimum of two feet.

6. Change in roof pitch or form for, at least, every 15 feet of continuous plane.

7. A gable or dormer for, at least, every 15 feet of continuous plane.

8. A Juliette balcony for, at least, every 15 feet of continuous plane .

9. A second story balcony at least three feet deep and five feet wide.

10. A decorative trellis, at least, every 15 feet of continuous plane.

11. A window for, at least, every 15 feet of continuous plane.

12. A pedestrian walkway, measuring at least three feet wide, o ther than the driveway, provides direct access to the front entryway of the residence to the primary sidewalk, or primary right -of-way if no sidewalk is present.

Pedestrian walkways may be constructed with any materials (i.e., aggregate or natural stone or rock, brick, gravel, wood, poured concrete), except for dirt or topsoil. On corner lots, where the garage is on the secondary elevation, a walkway shall provide direct access from the front entryway to the primary sidewalk.

13. A tandem garage with a maximum width of 13 feet and a minimum depth of 38 feet. This option is only allowed for lots less than 40 feet wide. 445
RESOLUTION NO. 2025-30

B. Fenestration.

1. All windows and doors shall include at least one of the following exterior design details:
a. A recess of at least two inches from the wall plane. b. Wood, metal, stucco covered foam, or en gineered wood trim around the entire window or door.

2. If used, shutters shall be sized to cover 100 to 105 percent of the window and match the exact window shape.

C. Design Details.

1. Materials
a. No more than four materials or finishes (not including roofing, door, or window materials) shall be used on each elevation, and no more than five materials or finishes (not including roofing, door, or window materials) in total shall be used across all elevations. b. The following materials are prohibited from use as exterio r finishes (excluding windows and doors):

NOTE: The rendering above is meant for illustrative purposes only to demonstrate a development in compliance with the requirements established in the subsection Structure Design Standards. 446
RESOLUTION NO. 2025-30
i. Vinyl siding
ii. Plastic
iii. Raw, non-treated/coated metal

2. Colors
a. Single-Family Standalone Unit. A minimum of two, but no more than five, colors (or tints, shades, or tones of the same color) shall be used on the entire exterior of the building.
b. Single Family Subdivisions. Single family subdivisions shall provide a minimum of three color schemes and shall not use a single color scheme on more than 40 percent of the r esidential units. Structures shall incorporate a color s cheme that contains a maximum of four distinct colors per building. A color scheme is defined as (body one and/or body two, trim, and a contrasting accent color). Adjacent colors shall not use the same color scheme.

3. Accessory Structures. All accessory structures (i.e., accessory dwelling units, garages, workshops, storage sheds) visible from the primary street shall be constructed of the same materials, colors, and roof type as the primary structure. This standard only applies to accessory structures constructed together with the primary dwelling unit.

4. Utility and Service Areas
A. Above ground utilities, transformers, and other mechanical equipment placed between the front or street side of a residence an d a public street or vehicular or pedestrian accessway, shall be screened from view by a fence, wall, or landscaping in accordance with this Outline.

B. If private vehicle charging facilities are provided in the development, these facilities shall be located close to the garage’s electrical panel and blend in with the house design/color to provide architectural compatibility.

5. Landscaping.

A. All areas not occupied by structures or pavement in the front yard area shall be landscaped. Landscaped areas shall consist of plantings, turf, mulch, or bark.

B. All landscape areas shall meet the requirements of the State Model Water Efficient Landscape Ordinance, or if applicable, the Water Efficient Landscape Ordinance of the City of Visalia. [Source: 17.30.015.C.1.a] C. Pavement or hardscape shall not make up more than 50 percent of the front yard, unless necessary to meet other standards required by this Outline.

6. Fences, Walls, and Hedges.

A. Height. Fences, walls, and hedges shall not exceed seven feet in height if on the side or rear yard setbacks, or three feet in height if in the front yard setback. A front yard fence or wall may be allowed to a height of up to four feet only if the portion exceeding three feet, at minimum, is constructed with a material that has a visibility percentage of at least 50 percent (i.e., lattice fencing). These 447
RESOLUTION NO. 2025-30
standards also apply within five feet of the street side property line for c orner lots.

B. Materials. The following materials are prohibited from use as fencing:

1. Barbed wire

2. Electric charged fencing

3. Corrugated Paneling

4. Chain link (except for three to four -foot height fences within the front yard and street side yard setback)

7. Exterior Lighting.

A. All entryways, porch areas, pedestrian pathways, and gates shall include lighting for safety and se curity. All exterior lighting fixtures shall comply with all of the following standards:

1. Be fully shielded and shall not spill onto adjacent properties;

2. Ground-mounted light fixtures to illuminate driveways, landscaped areas, or pedestrian pathways shall be no more than three feet in height; and

3. Use light emitting diodes (LEDs) with a maximum temperature of 3000 kelvins.

B. Permanently installed light fixtures that blink, revolve or flash are prohibited. This excludes decorative seasonal lighting.

8. Off-Street Parking Facilities.

A. The number and type of off -street parking facilities for a single -family residential development shall comply with the r equirements of the underlying zoning district 448
RESOLUTION NO. 2025-30
as established in VMC Chapter 17.34. In addition to the provisions i n VMC Chapter 17.34, all off -street parking facilities shall comply with the following standards:

B. Covered parking areas shall be in garages. Carports are allowed only if they do not serve as the required covered parking (e.g., porte cocheres, carports in front of garages). [Source: 17.12.135.A.7]
C. Uncovered parking areas (i.e., driveways) shall be paved with concrete or a permeable or impermeable surface. [Source: 17.34.030.P] D. Off-Street Guest Parking Facilities for Planned Unit Developments. Planned unit developments with four or more dwelling units shall provide off -street guest parking spaces when on -street parking is not allowed on the streets within the development. Planned unit developments shall provide a minimum of one guest parking space per four dw elling units within the total project. If a fraction occurs based on the specified number of guest spaces, the project applicant shall round up to the next round number of guest spaces.

9. Useable Common Open Space Areas for Planned Unit Developments.

A. Useable Common Open Space. Planned unit developments shall provide usable outdoor passive/active open space with outdoor amenities as required in Table 1 (Outdoor Amenities). Useable common open space means an unobstructed area or areas, accessible to all occup ants of the structure it serves, having no dimension less than 10 feet in any direction. Useable common open space excludes areas designated f or parking, including surface parking, carports, or garages. A minimum of 60 percent of the common useable open sp ace shall be provided as landscaped green area (not hardscaped).

B. Recreational Amenities. Recreation amenities as required in Table 1 ( Open Space and Recreational Requirements ) can be either passive or active as described below, or a combination of the two.

1. Passive Recreational Amenities. Passive recreation refers to recreational activities that require minimal to no facilities or development to perform such activities. Passive recreation amenities include, but are not limited to, community gardens, outdoor gathering/seating area, picnic/barbeque area, pet area/dog park, courtyard/plaza. All passive recreational amenity area shall be a minimum of 200 square feet unless otherwise stated.

2. Active Recreational Amenities. Active recreation refers to recreational activities that require specific facilities or equipment to perform such activities. Active recreational amenities include, but are not limit ed to, playground/tot lot, sports court/field, fitness area, swimming pool, clubhouse w/kitchen, community room. A ll passive recreational amenity area shall be a minimum of 500 square feet unless otherwise stated.

C. Seating. Seating shall be provided for all common open space areas.

D. Playgrounds/tot lots shall be located in an area with direct visibility from a minimum of three dwelling units to allow for casual surveillance.

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RESOLUTION NO. 2025-30

Table 1
Open Space and Recreational Requirements
Number of Units
in Project
Minimum Number of
Amenities1 Minimum Total Area2
Less than 5 1 500 sq. ft.
5-101 1 500 sq. ft. plus 100 sq. ft per unit over 5 units 11-30 2 1,000 sq. ft. plus 150 sq. ft per unit over 10 units 31-60 2 4,000 sq. ft. plus 165 sq. ft per unit over 30 units 61-100 2 9,000 sq. ft. plus 200 sq. ft per unit over 60 units 101-150 3 plus 1 additional
amenity for every 50
units over 200
17,000 sq. ft. plus 250 sq. ft per unit over 100
units

10. Sidewalks for Planned Unit Developments.

Sidewalks within a Planned Unit Development shall incorporate the following standards:

A. Shall be a minimum width of five feet; and
B. Shall implement the concrete specifications for sidewalks and ramps as determined by the City of Visalia City Engineering Division D esign and Improvement Standards.

1 – Minimum number of amenities can be passive or active amenities as described in Recreational Amenities subsection above.
2 - Minimum Total Area means the combined area of all ameni ties. Each amenity must still meet all applicable standards established in this Section. 450
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 125-0108
Status:Type: Public Hearing Item Agenda Ready
File created: In control:4/1/2025 Visalia City Council
On agenda: Final action:4/21/2025
Title: 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.

Sponsors:

Indexes:

Code sections:

Attachments: 1. Ordinance 2024-16 for ZTA 2024-03 ODS - 4-21-2025, 2. Attachment 1_Revised Draft Ordinance with track changes, 3. Attachment 2_Original Draft Ordinance 12-16-2024, 4. Attachment 3_Small Lot Revisions, 5. Attachment 4a_Lennar email, 6. Attachment 4a_Ordinance with Lennar comments, 7.

Attachment 4b_Self-Help email, 8. Attachment 4c_DR Horton email, 9. Attachment 4d_SJVH - email,

10. Attachment 4d_SJVH - markup, 11. Attachment 5_Staff Report ZTA 2024-03 12-16-2024, 12.

Attachment 6_Presentation Slides
Action ByDate Action ResultVer.

Visalia City Council4/21/2025 1
Agenda Item Wording:

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.

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

Brandon Smith, Principal Planner, [email protected], (559) 713-4636; Paul Bernal, Planning and Community Preservation Director, [email protected], (559) 713- 4025
Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of Revised Ordinance No. 2024-16, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Residential Objective Design standards (ODS) and Planned Residential Development (PRD) standards applicable to new single-family residential developments.

Note on Revised Ordinance: This Ordinance and the corresponding draft Municipal Code contains Visalia City Council Printed on 4/29/2025Page 1 of 6
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Note on Revised Ordinance: This Ordinance and the corresponding draft Municipal Code contains revisions based on input received from interested parties, following the motion acted upon by the City Council on December 16, 2024, to continue the matter and to conduct further outreach with the residential development community.

The City Council may, in lieu of the recommended motion for the Ordinance as specified above, consider any of the following alternative motions:

1. Direct staff to make changes to the Ordinance as specified by City Council, based upon any comments shared by an interested person; or

2. Adopt the single-family residential Objective Design standards and PRD standards by resolution rather than by ordinance (adoption by resolution allows for these standards to be modified / revised in the future without holding multiple public hearings); or

3. Direct staff to conduct further outreach to stakeholders and interested individuals which could result in modifications to the residential objective design standards as proposed, and direct that any revised objective design standards be reconsidered in a public hearing before the Planning Commission and City Council.

Background Discussion:

On December 16, 2024, staff presented to the City Council a draft Accessory Dwelling Unit (ADU) Ordinance and a draft Objective Design Standards (ODS) Ordinance (the original ordinance is included as Attachment 2; the staff report is also included as Attachment 5). The text would establish a new section in the Zoning Ordinance located at Chapter 17.12, Article 2, commencing at Section

17.12.140. The amendments to the Zoning Ordinance Text also include elimination of certain regulations for lots less than 5,000 square feet in Section 17.12.135 (refer to Attachment 3) since they are now addressed in the Revised Draft ODS Ordinance.

The ODS Ordinance, as originally presented to the City Council on December 16th, was crafted largely in response to current growth trends where developers have been utilizing smaller lot sizes and new design techniques. The standards address a range of topics that include appearance, landscaping, fences, off-street parking, and common open space areas within planned residential developments.

During the public hearing, staff received public comments from a few homebuilder developers requesting that City Council continue the matter to allow additional time for the development community to review and provide additional comments on the draft ODS Ordinance. The Council adopted the ADU Ordinance and elected to continue the ODS Ordinance to a date uncertain in March/April 2025 to give staff and the development community time to meet and discuss the ordinance.

Following the public hearing, City staff requested a revised scope of work and budget from Mintier Harnish, who prepared the original ODS/ADU Ordinances. These items were approved by the Change Order Committee and worked commenced. The revised scope of work called for facilitating two stakeholder roundtable discussions with local housing developers, with each meeting lasting approximately one hour each.

Stakeholder meetings were held virtually on January 30th and February 5th, with each meeting having 12-15 people in attendance. Following the meetings, letters and comments in e-mail format were also received by four persons. The response at these meetings well exceeded the participation during the original stakeholder outreach done in 2023/2024. As a result of the comments received, a Revised Public Review Draft Ordinance (“Revised Draft Ordinance”) was prepared and circulated to the stakeholders / interested persons for public comment for 15 days beginning March 14, 2024. The Visalia City Council Printed on 4/29/2025Page 2 of 6
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stakeholders / interested persons for public comment for 15 days beginning March 14, 2024. The Revised Draft Ordinance is contained within the attached Revised Ordinance No. 2024-16, and a track changes version showing all changes between the December 2024 Ordinance and the Revised Ordinance is included as Attachment 1.

Proposed Amendments:

The Revised Draft Ordinance largely retains the same format and structure but removes certain requirements and offers a greater number of options for a builder to achieve compliance. This was done out of a desire, as expressed by stakeholders and builders, for the Ordinance to offer more variety and flexibility towards achieving compliance.

One section where options are presented for achieving compliance is Section 17.12.160 - Structure Design Standards, which addresses requirements for dwellings to provide massing elements (projections, recessions, etc.) and horizontal / vertical articulation. The Revised Draft Ordinance replaces this with a “menuof options”,requiring that units include at least three design elements from a list of 13 items (which includes protruding windows, changes in heights, gables/dormers, decorative trellises, changes in roof pitch, etc.). Whereas there have been repeated concerns expressed by stakeholders over the increased cost associated with additional requirements, the offering of different options provides alternatives for the builders to come into compliance and allows builders to analyze the cost impact of each option.

Another section where options have been presented pertains to the “Front Entryways” Section

17.12.150.B.3 of the draft ordinance. Rather than requiring a covered porch with every unit, the Revised Draft Ordinance allows builders to choose between a front porch, recessed entry, deep overhang, or front landing.

In summary, the following standards have either been removed or listed as an option from the Revised Draft Standards (see Attachment 1) based upon input from stakeholders. The code sections refer to where the standard was found in the prior draft ordinance (see Attachment 2).

Removed:
· Section 17.12.150.A.1 - Unit staggering. Developers commented that staggering is something that they already do. Requiring staggering could further result in shortened spaces for vehicle parking in driveways.
· Section 17.12.160.D - Prohibition of balconies within 20 feet of an adjacent property line unless screened from view
Moved under options section:
· Section 17.12.150.A.2.c. Garages to be setback farther from or equal to the primary elevation. · Section 17.12.150.B.3.a and b - Placement of the main entry and at least one window visible on the primary elevation.
· Section 17.12.150.B.3.d - Pedestrian walkway connecting the front entry to the primary sidewalk/public right-of-way.
· Section 17.12.160.A and B - Massing and Articulation requirements, replaced with a menu of options.

The following items have also been revised in the Revised Draft Standards, with code sections referenced.
· Section 17.12.150.A.1.d - The amount of garage width as part of the overall primary elevation Visalia City Council Printed on 4/29/2025Page 3 of 6
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· Section 17.12.150.A.1.d - The amount of garage width as part of the overall primary elevation width has increased from 60% to 75% and exempts small lots (under 40 feet wide) from meeting the standard.
· Section 17.12.160.C.2 - The requirement for two or more colors on a building exterior has been separated into different sections for standalone units and subdivisions. · Section 17.12.170 - A new section was added for Utility and Service Areas to ensure that utilities and mechanical equipment are screened from view and/or designed in a manner that minimizes their view from a street.
· Section 17.12.200.A - Removing the requirement for exterior lighting to be directed downward.

The following sections remain unchanged, as there were no specific comments from stakeholders regarding these sections.
· Section 17.12.140 - pertaining to Purpose and Applicability. · Section 17.12.150.A.2 - pertaining to the declaration of a primary elevation. · Section 17.12.150.B.1 and 2 - pertaining to setbacks and height. · Section 17.12.170 - pertaining to landscaping, excepting the removal of a street tree requirement since it is already a City standard elsewhere. · Section 17.12.180 - pertaining to fences, walls, and hedges. · Sections 17.12.200 thru 220 which primarily pertain to planned unit developments (PUDs), dealing with off-street parking facilities, usable common open space areas, and sidewalks. · Section 17.12.230 - pertaining to the Exception powers of the Planning Commission.

Correspondence:

The Revised Public Review Draft Ordinance was shared with stakeholders / interested persons for public comment for 15 days, from March 14th to March 31st. City staff received two letters of correspondence (see A. and B. below) from stakeholders during this period containing comments and requesting certain revisions to be considered toward the Ordinance. In addition, one letter of correspondence (see C. below) was received after the public comment period. All are included as Attachment 4.

A. One correspondence was received from Lennar Homes, who had previously provided comments to the Council on the matter. Lennar Homes had four comments on the Revised Draft Ordinance summarized as follows:

Comment: Staff response:
1) Eliminate projection
requirements for lots less than
40’ wide.

Not supported. Projection requirements are one option from a menu of options for providing at least three design elements.

Staff contends that small lot developments are equally fit for utilizing projections and therefore should not be exempted from a projection standard.
2) Require window fenestration
for front facades only rather than
on all sides.

Not supported. Staff considers this requirement as imperative towards upholding a high aesthetic quality of elevations on all sides and adding visual interest, especially as seen from both major and local roadways.
3) Reduce the minimum size of
window shutters, if used, to
below 100% of the size of the
window.

No change necessary. Shutters are not a requirement in the ordinance, though a standard is provided in case they are used. The standard is intended to convey that shutters could feasibly cover the entire window area and not be dismissed as an accessory/decoration mismatched to the window.
4) Question whether decorative
carriage lights qualify for
required security lighting.

No change necessary. Decorative carriage lights would
qualify as meeting the standard.

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Comment: Staff response:
1) Eliminate projection
requirements for lots less than
40’ wide.

Not supported. Projection requirements are one option from a menu of options for providing at least three design elements.

Staff contends that small lot developments are equally fit for utilizing projections and therefore should not be exempted from a projection standard.
2) Require window fenestration
for front facades only rather than
on all sides.

Not supported. Staff considers this requirement as imperative towards upholding a high aesthetic quality of elevations on all sides and adding visual interest, especially as seen from both major and local roadways.
3) Reduce the minimum size of
window shutters, if used, to
below 100% of the size of the
window.

No change necessary. Shutters are not a requirement in the ordinance, though a standard is provided in case they are used. The standard is intended to convey that shutters could feasibly cover the entire window area and not be dismissed as an accessory/decoration mismatched to the window.
4) Question whether decorative
carriage lights qualify for
required security lighting.

No change necessary. Decorative carriage lights would
qualify as meeting the standard.

B. Another correspondence was received from Self-Help Enterprises (“SHE”),who had not provided any previous comment to Council or staff during the entire outreach process. The correspondence contends that the standards are incompatible with SHE’scurrent plans, thereby imposing increased costs towards a non-profit housing developer. The correspondence goes into detail describing the impacts borne by each section within the ordinance and seeks consideration of “affordable housing developers using pre-approved master plans from Sections 17.12.160.A thru C”or including a waiver process.

Staff maintains that the design standards should be imposed uniformly across all types of single- family residential development in order to maintain an aesthetic quality shared among all residents. In fact, the Draft Ordinance includes Section 17.12.240 that grants the Planning Commission the authority to grant one or more exceptions to any regulations prescribed in the standards subject to approval at a public hearing. Such process may be utilized if the applicant deems that any certain standard(s) would compromise the developer’s ability for a builder to maintain a set affordability standard, particularly when subject to public funding. It should be noted that, at present, deed restricted affordable housing accounts for less than 1% of all new single-family detached units which are issued building permits in Visalia.

C. Another correspondence was received from D.R. Horton, who had previously provided comments to the Council on the matter. The letter in summary states that while the builder is generally not in favor of alterations resulting in price increases to the buyer, the builder’sexisting plans could be utilized without significant changes. The correspondence offers support of the draft standards and no opposition.

D. Another correspondence was received from San Joaquin Valley Homes, who had previously provided written comments on the original Draft Ordinance. This item was received after the close of the comment period for the Revised Public Review Draft. The email includes a mark-up with some questions and minor suggestions regarding the Revised Public Review Draft Ordinance.

Fiscal Impact:

None.

Prior Council Action: On December 16, 2024, City staff introduced separate Ordinances to adopt new regulations pertaining to Accessory Dwelling Units (ADUs) and ODS / PRD standards. The City Council proceeded with introducing the 1st Reading of the ADU Ordinance (which was subsequently passed with the 2nd Reading on January 21, 2025), and delayed action on the ODS Ordinance to allow additional time for interested parties to meet with staff.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading Ordinance No. 2024-16 for Zone Text Amendment No. 2024-03, to amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to Single-Family Visalia City Council Printed on 4/29/2025Page 5 of 6
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Residential Objective Design standards.

Environmental Assessment Status: The Zoning Ordinance amendment for the proposed ODS ordinance is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

CEQA Review: The Zoning Ordinance amendment for the proposed ODS ordinance is exempt from CEQA per the CEQA Common Sense Exemption Section 15061(b)(3) that applies to projects which clearly do not have the potential for causing a significant effect on the environment. The project, in itself, does not allow construction of any building or structure, but sets forth design regulations that shall be followed. The regulations do not change allowable uses or building intensities. It can be seen with certainty that there is no possibility that the project may have a significant effect on the environment and thus is not subject to CEQA review.

Attachments:

1. Ordinance No. 2024-16 for Objective Design Standards

2. Attachment 1 - Revised Draft Ordinance with track Changes

3. Attachment 2 - Original Draft Ordinance presented to Council on December 16, 2024

4. Attachment 3 - Revisions to Section 17.12.135, (Standards for) Lot area less than 5,000 square feet

5. Attachment 4 - Correspondence from stakeholder received during public review period a. Lennar Homes
b. Self-Help Enterprises
c. D.R. Horton
d. San Joaquin Valley Homes

6. Attachment 5 - City Council staff report from December 16, 2024

7. Attachment 6 - Presentation Slides
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0166 Agenda Date: 5/5/2025 Agenda #: 15.

Agenda Item Wording:

Request by Vice Mayor Liz Wynn - Request for a future agenda Item regarding additional recreational opportunities such as pickleball courts or other short-term projects.

Deadline for Action: 5/5/2025
Submitting Department: Administration
Contact Name and Phone Number: Vice Mayor Liz Wynn 713-4400 ext. 9313 Department Recommendation: Vice Mayor Liz Wynn requests that the City Council approve placing an item on a City Council agenda before June 30, 2025. The purpose of the item is to direct staff to prepare and present options for increasing community access to recreational activities- specifically through the addition of pickleball courts and/or other short-term projects.

The presentation should include:
· Construction options for new or expanded facilities
· Approximate cost estimates
· Potential location options within the City of Visalia · An emphasis on supporting the growing demand for pickleball and similar recreational activities
This initiative aims to enhance recreational accessibility for a broader segment of Visalia residents and respond to increasing community interest in outdoor activities as part of the council’s strategic planning goal of Quality of Life - Free or low-cost, family friendly activities that encourage engagement citywide.

Background Discussion:

On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.

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Fiscal Impact: Unknown
Other: N/A
Alternatives: To not approve the request to consider this matter at an upcoming Council meeting.

Recommended Motion (and Alternative Motions if expected):

I move to approve the request by Vice Mayor Wynn to add this item to a future Council agenda.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: None
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0149 Agenda Date: 5/5/2025 Agenda #: 1.

Agenda Item Wording:

Appeal of Historic Preservation Advisory Committee’sdenial- A public hearing to consider an appeal of the Historic Preservation Advisory Committee’sdenial of a request to replace 48 windows on a single-family residence located in the D-MU (Downtown Mixed Use) Zone. The project site is located at 410 North Court Street (APN: 094-271-006).

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Cristobal Carrillo, Associate Planner, 713-4443, [email protected]; Paul Bernal, Planning and Community Preservation Director, 713-4025, [email protected] Department Recommendation:

Based on the Historic Preservation Advisory Committee’s(HPAC) decision, it is recommended that the City Council receive the staff report and presentation, hold a public hearing, and adopt Resolution No. 2025-27, denying the appeal and upholding the Historic Preservation Advisory Committee’s (HPAC) denial of HPAC Item No. 2025-05.

Please note, it is standard practice for the recommendation to be the upholding of an action taken by the HPAC.

Alternatively, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Uphold the appeal and approve the request as originally recommended and conditioned by staff to the HPAC on April 9, 2025, overturning the decision of the HPAC to deny HPAC Item No. 2025-05. City Council “findings”will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

2. Uphold the appeal and approve the request with modifications to the proposal as determined by the Visalia City Council, overturning the decision of the HPAC to deny HPAC Item No. 2025 -05. City Council “findings”will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

3. Refer the matter back to the HPAC; or,

4. Continue the matter to a future City Council hearing for additional information.

Summary:

The applicant, Kevin Fistolera, filed HPAC Item No. 2025-05, requesting to replace 48 wood windows with vinyl windows, on a single-family residence listed on the Local Register of Historic Structures with a “Focus”classification, located within the Historic District. The application was heard by the HPAC at a public hearing on April 9, 2025, and was recommended for approval by staff based on the Visalia City Council Printed on 5/1/2025Page 1 of 9
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HPAC at a public hearing on April 9, 2025, and was recommended for approval by staff based on the justifications and conditions noted in the staff report for HPAC Item No. 2025-05 (see Attachment 5).

The proposal failed to be approved by a vote of 5 to 2 as a result of mitigating factors discussed by the Committee members at the meeting.

On April 14, 2025, the Visalia City Clerk received an appeal of the HPAC’sdenial. The appeal states that the HPAC’s denial should be overturned based on the following:

1. That there is precedence for the approval of wood window replacement,

2. That the proposal adequately preserves the buildings appearance, and

3. That the proposal would improve the energy efficiency of the structure.

Synopses of the applicants’original window proposal, the HPAC public hearing discussion, and the applicants appeal request are provided below in the “HPAC Review and Action”, “Appeal,”and “Project Overview” sections of this staff report.

Project Description:

Per the operational statement in Attachment 3, the applicant is requesting approval to remove and replace all the windows of the residence, 48 in total. Per the development plan in Attachment 3, the applicant will be replacing the windows with Milgard V300 Trinsic vinyl windows, and rebuilding full wood window screens for use on the windows to be replaced.

Per the applicant, the window replacement is required due to the age and deterioration of the original windows. The applicant states that the windows must be replaced to better secure the building from vandalism and break-ins.

Site Data and History:

The project site is zoned D-MU (Downtown Mixed-Use) and contains a vacant residence and 10-stall parking lot. The structure was built in 1921, making it approximately 104 years old. The project site is located within the Historic District, and structure added to the Local Register of Historic Structures in 1979 when the Historic District and Local Register were first adopted by the Visalia City Council.

Each building on the Local Register is given one of three classifications, denoting its architectural and community importance: Exceptional, Focus, and Background. The building at 410 North Court Street is classified as “Focus”,meaning per the Historic Preservation Element of the Visalia General Plan, that the structure is considered of “… significant value, of good to excellent quality, and should be considered for local recognition and protection.” The structure was upgraded from a “Background” classification to “Focus”on August 1, 2022, when the City Council approved the HPAC’srevised Local Register listings. The change in classification was due in large part to the structure’s association with the Bradley Family (see family information below).

The structure contains “Craftsman”and “Bungalow”style architectural elements, reflected through features such as knee brace brackets, window orientation, and lattice like gable venting. The structure is also unique in that it features both open air and screened porches, located along the north and south building exteriors.

The structure was built by Clarence Linn Bradley (1886 - 1969), the son of early Visalia attorney Nathaniel Oliver Bradley, and member of the prominent Bradley Family, many of which practiced law in Visalia for many years. Bradley was a lieutenant in the infantry during World War I, serving in France, and became an attorney upon returning home. Per his obituary, Bradley was active in several Visalia lodges and veterans organizations, including the Moose, Elks, American Legion, Visalia City Council Printed on 5/1/2025Page 2 of 9
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several Visalia lodges and veterans organizations, including the Moose, Elks, American Legion, Veterans of Foreign Wars, and Kiwanis Clubs. He was also active in the Catholic church, in particular as a Fourth Degree Knight of Columbus. Bradley had two sons, one of which (Judge Nathaniel Oliver Bradley II) became a Tulare County Superior Court judge.

The structure at 410 North Court was part of a larger Bradley family compound, which included the family home at 420 North Court Street (the current location of Fistolera Construction and the Equity Group property management firm) and the craftsman bungalow structure at 421 North Church Street.

HPAC Review and Action:

At the April 9, 2025, HPAC meeting, a public hearing was held to consider HPAC Item No. 2025-05, a request to replace 48 windows on a single-family residence located at 410 North Court Street. Staff recommended approval of the request based on a visit to the project site to evaluate the condition of the windows. In its recommendation, staff cited as justification for approval the damage observed to the second story windows of the residential structure (see photographs provided with Attachment 3), preservation of the historic appearance of the residence through the application of new full wood window screens, and conditions of approval requiring the new windows to match the appearance of the existing windows. The recommended conditions of approval as outlined in the HPAC staff report are listed below as follows:

1. That the project shall be developed in substantial compliance with the development plan in Exhibit “A and operational statement in Exhibit “B”, except as modified by the conditions below.

2. That the new windows shall match the features of the original windows, including operating mechanism and style, mullion patterns and spacing, frame dimensions and profiles, and sightlines and proportions. That the project undergoes the appropriate City permitting process for exterior alterations on the project site.

3. That the applicant shall rebuild and install wood window screens for all the windows that can support window screens. The window screens shall retain an appearance consistent with the original window screens depicted in Exhibit “A”.

4. That any other exterior alterations to the site shall be brought before this Committee for review and approval prior to the issuance of any Building Permits and/or their installation or construction.

5. That all other City codes, ordinances, standards, and regulations shall be met.

6. That the approval from the Historic Preservation Advisory Committee shall lapse and become void twelve months after the date on which it became effective, unless the conditions of the approval allowed a shorter or greater time limit, or unless prior to the expiration of twelve months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site that was the subject of the approval.

Public comment in favor of the proposal was received in person from applicant and property owner Kevin Fistolera, and via e-mail by community member Bill Huott. Additional public comment in opposition to the proposal was provided via e-mail by community member Aaron Collins. All public comment received at the April 9, 2025; meeting is included with the HPAC staff report in Attachment

5. Speakers in support of the proposal stated that the request would maintain the existing appearance of the structure, and that because the existing windows were deteriorated, replacement would improve both the security and energy efficiency of the building and reduce noise impacts. Mr.

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improve both the security and energy efficiency of the building and reduce noise impacts. Mr.

Fistolera also claimed that the HPAC had previously approved the replacement of wood windows at other locations.

Comments in opposition from Mr. Collins noted that the structure is historically significant, and that due to its modest appearance, extra efforts should be made to preserve key elements of its construction (i.e. windows) to preserve its authenticity. Mr. Collins also stated that owners of historic structures have a responsibility to maintain their homes to the historic preservation programs’high standards.

During the public hearing the HPAC discussed various aspects of the proposal with Mr. Fistolera.

This included the condition of the windows (the deterioration of which was disputed by the Committee), the efficacy of full wood window screens to preserve appearances, whether an existing screened porch would remain screened, and what type of window was currently present in the dining room (the HPAC noting that rooms of prominence in older homes often contain specialized windows).

Fistolera stated that he was unaware of the type of window present in the dining room. Discussion also occurred regarding the building’s affiliation with the Bradley Family, a family of local importance.

At the conclusion of the hearing, a majority of the HPAC expressed strong doubts that the windows could not be repaired, and that the affiliation of the building with the Bradley Family should not be overlooked. A motion was then made by Committee member Jay Hohlbauch, seconded by Committee member Kim Lusk, to accept staff’s recommendation and approve the request, with additional conditions of approval applied explicitly requiring rescreening of the screened porch (which had not been included in the applicants proposal), and requiring replacement of the dining room window with a new window containing the same features as the original, if applicable. The motion failed by a vote of 5 to 2 (Committee members Jay Hohlbauch and Michael Tomola voting to approve). As such, the request to replace the existing wood windows was denied.

Appeal:

On April 14, 2025, the City Clerk received an appeal of the HPAC’sdenial of HPAC Item No. 2025-05.

The appellant, Kevin Fistolera, alleges that the HPAC acted in error when denying the request. The full text of the appeal is included in Attachment 1. The three appellant claims and Staff responses are provided below.

1. HPAC Precedent
Claim: That window replacements have been previously approved by the HPAC for several buildings within the Historic District.

Staff Response: Within the appeal request the applicant did not provide specific examples of instances in which the HPAC had previously approved the replacement of windows. Staff conducted a survey of project reviews conducted by the HPAC between January 2019 to April 2025. Analysis showed that window replacements have been approved in the past. However, the approvals themselves are nuanced, with decisions varying depending on the unique conditions of each proposal.

Per the survey, 31 window replacement requests have been reviewed by the HPAC during the 6 year and 4-month timeframe (Note: for the purposes of this survey, projects involving the same structure have been grouped together and are considered one project). The majority of the requests were for sites located solely within the Historic District (18 in total). Evaluation criteria for alterations to sites solely within the Historic District only require compatibility with surrounding structures. This means that alterations to structures are often permissible, so long as overall compatibility with the Historic Visalia City Council Printed on 5/1/2025Page 4 of 9
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that alterations to structures are often permissible, so long as overall compatibility with the Historic District is preserved. Given these criteria, all 18 proposals were approved by the HPAC. It should be noted that 8 of these proposals involved Code Enforcement cases in which the windows had already been replaced prior to HPAC review and Building Permit issuance. In these instances, the HPAC partly approved the unsanctioned window replacements to avoid causing additional financial hardship to the applicants.

The remaining 13 window replacements involved structures listed on the Local Register of Historic Structures. Unlike the Historic District criteria, Local Register evaluation criteria requires preservation of original features and emphasizes repair over replacement. Of the 13 proposals involved, 9 were approved. Out of the 9 approved projects, 3 received approval largely because the windows had already been installed or purchased prior to HPAC review. The remaining 6 projects were approved due to other factors, such as:
· The window replacement involved a non-primary structure located in the rear yard; · The windows were to be replaced with new wood windows; · The window replacement involved a structure serving a sensitive population (The Creative Center, 616 North Bridge Street, which serves clients with developmental disabilities), making energy efficiency concerns more acute. The windows were also primarily located in areas where they would not be visible to the public, with full screens applied; · The proposal involved the relocation of original wood windows; · The windows to be replaced were in the rear yard for a structure that had already been significantly altered.

For the 4 projects that were not approved outright, the HPAC either denied the proposal, required repair, or required a combination approach as follows:
· 403 North Floral Street (2023) - An Exceptional classified office. The vinyl window replacement was denied due to the original windows significance as an architectural feature, and the lack of evidence provided by the applicant to support energy efficiency claims. No additional action was taken by the applicant, and the windows currently remain in their original condition. · 410 North Court Street (2025) - A Focus classified residence/office. The vinyl window replacement was denied due to the original windows significance as an architectural feature, lack of evidence to support claims of deterioration and energy efficiency, the building’s prominent location along North Court Street, and its association with person(s) of local significance. The denial was appealed and is the subject of this review. · 509 North Locust Street (2023) - A Focus classified residence. Exteriors alterations to the residence were approved, but the vinyl window replacement was denied. A condition of approval was added instead requiring repair of the existing wood windows. The applicant subsequently obtained Building Permits and repaired the windows as requested. · 719 North Highland (2021) - An Exceptional classified residence. Window replacement with vinyl windows was permitted on the side and rear building elevations. However, the applicant was required to repair the front facing original wood windows, in order to preserve their unique features. The applicant subsequently obtained Building Permits for the remodel of the home, including replacement of the side and rear windows. The original windows on the building’s Visalia City Council Printed on 5/1/2025Page 5 of 9
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front exterior remain and have not been altered.

To summarize, the applicant is correct that there is precedence for approval of window replacements.

However, the bar to approve replacements on Local Register structures is higher than for structures solely located within the Historic District. This is due to the requirements of VMC Section 17.56.110, which lists standards and principles that apply during the review of exterior alterations to Local Register structures. This is covered more in depth under the “Project Analysis” section of staffs report.

Circumstances unique to each structure reviewed also dictate whether replacements are appropriate.

For 410 North Court Street, it was the determination of the Committee that the information, as presented by staff and the applicant, did not adequately demonstrate that the existing windows were beyond repair and that energy efficiency would be improved with replacement. The site’slocation along a major street within the Downtown core and association with persons of local importance also played factors in the Committee’s decision to withhold approval.

2. Maintenance of Architectural Features
Claim: That the proposal would not alter the appearance of the structure, as it would maintain the existing sizes and orientations of the original windows.

Staff Response: Per the proposal submitted by the applicant, no window openings would be altered in size. The applicant also stated that new wood full window screens would be provided for all the windows to be replaced, obscuring the proposed vinyl windows from direct view. However, the Committee concluded that these improvements would not represent the protection of architectural features, as required by the Historic Preservation Ordinance for structures on the Local Register (see Project Analysis section below). The original feature, in this case the wood window casings and original glass, would be removed entirely, replaced with vinyl material that is not found elsewhere on the residential structure. The proposed new wood full window screens would only serve to obscure the lost original feature, which is not a solution supported by the Local Register criteria in the Ordinance. As such, the Committee concluded that the applicant would not be maintaining the architectural features of the home but instead would create a veneer of authenticity.

3. Energy Efficiency and Noise
Claim: That the proposal would improve the energy efficiency of the structure and would reduce noise impacts from traffic on North Court Street.

Staff Response: Staff notes that the applicant did not provide any studies or energy audits to support their claim that replacement of the windows would reduce noise and improve energy efficiency.

During the public hearing, the Committee stated that with older residential structures, a number of issues outside of windows could impact the efficiency of the home.

Sources also demonstrate that historic wood windows can be made to provide energy efficiency on par with new vinyl windows. Per information provided by the Window Preservation Standards Collaborative <https://windowstandards.org/> (a group of window specialists from across the United States) and the National Trust for Historic Preservation <https://www.westonma.gov/DocumentCenter/View/3040/Overview-of-Wood-Windows-Tips-from-the- National-Trust-for-Historic-Preservation-PDF>, restoration, weatherstripping, addition of storm windows, and/or proper maintenance can ensure that historic windows are as energy efficient as modern vinyl windows. Without further information, it is not a forgone conclusion that energy efficiency can only be achieved through the replacement of the windows, and not via repair of the Visalia City Council Printed on 5/1/2025Page 6 of 9
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existing wood windows.

Project Analysis:

Local Register Criteria
Visalia Municipal Code Chapter 17.56 (Historic Preservation District) contains separate criteria for the evaluation of alterations to structures located in the Historic District and Local Register. In instances where both designations apply (as is the case with 410 North Court Street), the Local Register criteria is prioritized. Historic District criteria (VMC Sec. 17.56.100) generally requires “…compatibility or complementariness with a majority of structures in the immediately surrounding area”.In contrast, Local Register criteria (VMC Sec. 17.56.110) requires preservation of original and distinguishing architectural features, “whereverpossible,”with repair taking precedence over replacement. Guiding standards and principles from this municipal code section are listed below:
· 17.56.110(B) The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. · 17.56.110(E) Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity. · 17.56.110(F) Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.

Due to their design, variety, material, and placement on the structure, the original wood windows are considered a distinguishing feature of the building. The wood frames, upper sash horns, trim, and placement in threes account for most of the buildings’historic character. If the windows are to be replaced, the applicant must demonstrate that replacement is necessary, and that the replacement materials will match the original in “… composition, design, color, texture, and other visual qualities.” In response, the applicant submitted pictures of the existing windows (see Attachment 3). However, none of the pictures depict damage that is considered extensive, warranting replacement. Windows are shown to be worn, but do not appear to contain significant rot or cracks that cannot be repaired.

Broken glass is present on some windows, but even this can be removed and replaced without having to destroy the existing wood windows.

Furthermore, the replacement material proposed (vinyl windows) would not match the original material in terms of composition and texture. The vinyl windows lack the warmth and grain texture of wood and would not contain distinctive upper sash horns. It is also unclear, given the information provided by the applicant, whether the existing window spacings and trim would be maintained with the installation of vinyl windows, which often come in prepacked sizes, necessitating changes to the size of window openings.

Visalia General Plan
The Historic Preservation Element of the Visalia General Plan includes goals and policies intended to guide the protection of historic resources. This includes language in Historic Preservation Element Policy H-P-8 that supports the work of the HPAC to “Initiat[e] efforts to educate the public to the significance of historic areas, sites and structures and the cultural and social events associated with Visalia City Council Printed on 5/1/2025Page 7 of 9
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significance of historic areas, sites and structures and the cultural and social events associated with them.”The HPAC has interpreted this as supporting the consideration of people of importance into its project reviews, when applicable. As stated previously, the building at 410 North Court Street was associated with the Bradley Family, whose many members impacted all manner of Tulare County society through their work in the legal field and community affiliations. The Committee believes it is because of this association that elements of the structure should be preserved, so as to provide a window into the past of the City and its people.

Streetscape Compatibility
Though Local Register evaluation criteria takes precedence, there is a basis to also consider Historic District criteria encouraging compatibility with the surrounding areas. Staff notes that the project site is located along North Court Street, a major traffic corridor that provides egress from the Downtown core. Despite the loss of historic structures in the Downtown due to damage and/or redevelopment, the 300 to 500 block of North Court Street maintains many of its historic buildings, with many original architectural elements intact (including wood windows). The cluster of blocks represent one of the few places in the Downtown where the City’shistoric fabric has been preserved. The replacement of original architectural elements on a building within this area would represent a diminishment of that historic character.

Public Comment:

Public comment in support of the appeal request was submitted by member of the public Bill Huott and is included as Attachment 2. No other public comment has been received as of the publication of this report.

Fiscal Impact:

The project will not result in any fiscal impact to the City.

Prior Council Action:

No previous Council actions related to this project have occurred.

Recommended Motion (and Alternative Motions if expected):

I move to deny the appeal and uphold the Historic Preservation Advisory Committee’s approval of HPAC Item No. 2025-05 per Resolution No. 2025-27.

Alternative Motions:

Alternatively, the City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. Uphold the appeal and approve the request as originally recommended and conditioned by staff to the HPAC on April 9, 2025, overturning the decision of the HPAC to deny HPAC Item No. 2025-05. City Council “findings”will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

2. Uphold the appeal and approve the request with modifications to the proposal as determined by the Visalia City Council, overturning the decision of the HPAC to deny HPAC Item No. 2025 -05. City Council “findings”will need to be integrated into a revised Resolution for Council review and approval at a subsequent meeting; or

3. Refer the matter back to the HPAC; or,
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File #: 25-0149 Agenda Date: 5/5/2025 Agenda #: 1.

4. Continue the matter to a future City Council hearing for additional information.

CEQA Review:

No environmental review is required for projects that are considered non-discretionary in nature.

Projects of an administrative, non-discretionary nature, are expected to be approved so long as they meet the requirements of the Visalia Municipal Code.

Attachments:

Resolution No. 2025-27, denying the appeal and upholding Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025-05.

Attachment 1 - Appeal of Historic Preservation Advisory Committee Action, April 14, 2025 - Kevin Fistolera
Attachment 2 - Public Comment from Bill Huott
Attachment 3 - Project Exhibits
Attachment 4 - April 18, 2025, Historic Preservation Advisory Committee Action Letter Attachment 5 - April 9, 2025, Historic Preservation Advisory Committee Staff Report and Public Comment
Historic District and Local Register Map
General Plan Map
Zoning Map
Aerial Map
Vicinity Map
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RESOLUTION NO 2025-27

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA DENYING THE

APPEAL AND UPHOLDING THE HISTORIC PRESERVATION ADVISORY COMMITTEE’S (HPAC) DENIAL OF HPAC ITEM NO. 2025-05: A REQUEST BY KEVIN FISTOLERA TO REPLACE 48 WINDOWS ON A SINGLE-FAMILY RESIDENCE LOCATED IN THE D-MU (DOWNTOWN MIXED USE) ZONE. THE PROJECT SITE IS LOCATED AT 410 NORTH COURT STREET (APN: 094-271-006)

WHEREAS, HPAC Item No. 2025-05 is a request by Kevin Fistolera to replace 48 windows on a single -family residence located in the D -MU (Downtown Mixed Use) Zone. The project site is located at 410 North Court Street (APN: 094 -271-006); and

WHEREAS, the Historic Preservation Advisory Committee of the City of Visalia, after duly published notice held a public hearing before said Committee on April 9, 2025; and

WHEREAS, the Historic Preservation Advisory Committee considered the request and failed to approve a m otion to approve the project by a vote of 5-2 (Committee members Hohlbauch and Tomola in favor of approval); and

WHEREAS, an appeal of the Historic Preservation Advisory Committee ’s denial of HPAC Item No. 2025 -05 was received on April 14, 2025 , stating that the HPAC’s denial should be overturned based on there being precedence for the approval of wood window replacement, that the proposal adequately preserves the buildings appearance, and that the proposal would improve the energy efficiency of the structure; and

WHEREAS, the Council of the City of Visalia, after a 10 -day public notification period, held a public hearing on May 5, 2025; and

WHEREAS, no CEQA environmental review is required for projects that are considered administrative and non-discretionary nature, and can be approved so long as they meet the requirements of the Visalia Municipal Code.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Visalia makes the following specific findings based on the evidence presented :

1. That the project site is within the Historic District and is listed on the Local Register of Historic S tructures. Furthermore, the building is associated with Clarence Linn Bradley, a member of the prominent Visalia family the Bradely’s, who was a lawyer, member of the American Legion, the Benevolent Protective Order of Elks, and the Knights of Columbus.
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2. That the proposal would create an inconsistency with other significant structures in the surrounding streetscape and Historic District , as it would eliminate one of the remaining original and defining features of the residence, thus diminishing the structure’s historic integrity, in contrast with other buildings within the 400 Block of North Court Street, which maintain their original wood windows.

3. That the proposal is not in keeping with the goals of the Historic Preservation Ordinance and Historic Preservat ion Element , which promote the protection and preservation of Local Register historic structures and their defining architectural characteristics. The pr oposal would eliminate one of the remaining original and defining features of the residence, thus diminishing the structure’s historic integrity, in contrast with other buildings within the 400 Block of North Court Street, which maintain their original wood windows.

4. That the proposal would be injurious to the character of the surrounding area and Historic D istrict, as it would eliminate one of the remaining original and defining features of the residence, diminishing the structures’ historic integrity . The structure is located along a highly visible main thoroughfare (North Court Street) and is also near the Downtown commercial core. Replacement of the original wood windows would further the deterioration of unique, historic, and architecturally significant structures within the City’s central core, furthering the loss of the Downtown area’s unique aesthetic.

5. That it was not adequately demonstrated via evidence that the existing windows were beyond repair and that energy efficiency would be improved with replacement.

Furthermore the site’s location along a major street within the Downtown core and association with persons of local importance also support Historic Preservation Ordinance requirements for the preservation, rather than replacement , o f historic architectural elements.

6. That no CEQA environmental review is required for projects that are considered administrative and non-discretionary nature, and can be approved so long as they meet the requirements of the Visalia Municipal Code.

BE IT FURTHER RESOLVED that the City Council hereby denies the appeal and upholds the Historic Preservation Advisory Committee’s denial of HPAC Item No. 2025- 05 o n the real property hereinabove described in accordance with the terms of this resolution under the provisions of Section 17.56.060 of the Ordinance Code of the City of Visalia, and based on the above findings.
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PASSED AND ADOPTED: May 5, 2025 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-27 passed and adopted by the Council of the City of Visalia at a regular meeting held on May 5, 2025.

Dated: May 6, 2025 LESLIE B. CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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HPAC Item No. 2025-05 – Window Replacement

EXHIBIT B
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April 18, 2025

Kevin Fistolera
420 North Court Street
Visalia, CA 93291

RE: Historic Preservation Advisory Committee Item No. 2025-05 (410 North Court Street)
On April 9, 2025 , the Historic Preservation Advisory Committee (HPAC) reviewed your request to replace 48 windows on a single -family residence located in the DMU (Downtown Mixed Use) Zone , located at 410 North Court Street (APN: 094 -271-006). A motion to approve the request was denied by the HPAC by a vote of 5 to 2 (Committee Members Jay Hohlbauch and Michael Tomola voted to approve the request). The denial of the request was based upon the following findings:

Findings:

1. That the project site is within the Historic District and is listed on the Local Register of Historic Structures . Furthermore, the building is associated with Clarence Linn Bradley, a member of the prominent Visalia family the Bradely’s, who was a lawyer, member of the American Legion, the Benevolent Protective Order of Elks, and the Knights of Columbus.

2. That the proposal would create an inconsistency with other significant structures in the surrounding streetscape and Historic District , as it would eliminate one of the remaining original and defining features of the residence, thus diminishing the structure’s historic integrity, in contrast with other buildings within the 400 Block of North Court Street, which maintain their original wood windows.

3. That the proposal is not in keeping with the goals of the Historic Preservation Ordinance and Historic Preservation Element , which promote the protection and preservation of Local Register historic structures and their defining architectural characteristics. The proposal would eliminate one of the remaining original and defining features of the residence, thus diminishing the structure’s historic integrity, in contrast with other buildings within the 400 Block of North Court Street, which maintain their original wood windows.

4. That the proposal would be injurious to the character of the surrounding area and Historic District , as it would eliminate one of the remaining original and defining features of the residence, diminishing the structures’ historic integrity. The structure is located along a highly visible main thoroughfare ( North Court Street) and is also near the Downtown commercial core. Replacement of the original wood windows would further the deterioration of unique, historic, and architecturally significant structures within the City’s central core, furthering the loss of the Downtown area’s unique aesthetic.

City of Visalia Planning Division
315 E. Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4359; Fax: (559) 713-4814 475

There is a 10-day appeal period for this action from the date of approval. Any appeal of an action by the Historic Preservation Advisory Committee shall be heard by the Visalia City Council. If you have any questions, please contact me at (559) 713 -4443 or e -mail [email protected]

Regards,

Cristobal Carrillo,
Associate Planner
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HPAC Item No. 2025-05 – Window Replacement

REPORT TO THE CITY OF VISALIA

HISTORIC PRESERVATION ADVISORY COMMITTEE

HEARING DATE: April 9, 2025

PROJECT PLANNER: Catalina Segovia, Planning Technician
Phone: (559) 713-4449
E-mail: [email protected]

SUBJECT: Historic Preservation Advisory Committee Item No. 2025-05: A request by Kevin Fistolera to replace 48 windows on a single-family residence located in the DMU (Downtown Mixed Use) Zone. The project site is located at 410 North Court Street (APN: 094-271-006).

STAFF RECOMMENDATION
Staff recommends that the
Historic Preservation Advisory
Committee (HPAC) approve the
request based on the findings
and conditions within this
report.

SITE DATA
The site is zoned DMU
(Downtown Mixed -Use) and
contains a vacant residence
and a 10-stall parking lot.

The project site is located within
the Historic District and is listed
on the Local Register of Historic
Structures with a “Focus”
classification. The structure contains “Craftsman” and “Bungalow” style architectural elements.

PROJECT DESCRIPTION
Per the operational statement in Exhibit “B”, the applicant is requesting approval to remove and replace all the windows of the residence, numbering 48 in total . Per the development plan in Exhibit “A”, the applicant will be replacing the windows with Milgard V300 Trinsic vinyl windows, and rebuilding wood screens for use on the building.

Per the applicant, the replacement is required due to the age and deterioration of the original windows. The applicant states that the windows must be replaced to better secure the building from vandalism and break ins.

DISCUSSION
Development Standards
The footprint of the structure will not be altered as a result of the proposal . As such, the proposed improvements will comply with all development standards of the D-MU Zone.

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HPAC Item No. 2025-05 – Window Replacement
Architectural Compatibility
Visalia Municipal Code Section 17.56.110 contains criteria for review of exterior alterations to structures listed on the Local Register. Criteria is aimed towards preserving original and distinguishing features of Local Register structures. This includes emphasis on the following:
• The distinguishing original qualities or character of a building, structure, or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. • Distinctive stylistic features or examples of skilled craftsmanship, which characterize a building, structure or site, shall be treated with sensitivity. • Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities.

Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural e lements from other buildings or structures.

Due to their design, variety, and placement, the windows are considered a distinguishing feature of the building. If they are to be replaced, the applicant must demonstrate that replacement is necessary , and that the replacement materials match the original in “…composition, design, color, texture, and other visual qualities.” In this instance, the applicant has submitted evidence that the windows are in disrepair ( see site pictures in Exhibit “B”). Staff also concluded a site visit on April 4, 2025, and determined that the windows show significant damage, including rotted wood frames and broken glass panes.

The proposed window replacement would maintain the building’s original character. Features such as window trim and sills would remain. New windows and wood screens will be conditioned to maintain the same features as the original windows , such as their operating mechanism and style, mullion patterns and spacing, frame dimensions and profiles, and sightlines and proportions (see Condition No. 2). The applicant will also rebuild wood window screens for use on the building (Condition No. 3). These rebuilt screens will match the original screens and will help maintain the building’s original character. With the application of these conditions, the proposal will preserve the overall historical integrity of the structure.

FINDINGS AND CONDITIONS
For HPAC Item No. 2025-05 staff recommends that the Committee approve the window change out to the residence, subject to the findings and conditions listed below:

Findings

1. That the project site is listed on the Local Register of Historic Structures and is within the Historic District.

2. That the proposal will be consistent with uses onsite, the surrounding area, and the Historic District.

3. That the proposal will be consistent with the Historic Preservation Ordinance and Historic Preservation Element.

4. That the proposal will not be injurious to the character of the Historic District.

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HPAC Item No. 2025-05 – Window Replacement
Conditions

1. That the project shall be developed in substantial compliance with the development plan in Exhibit “A and operational statement in Exhibit “B”, except as modified by the conditions below.

2. That the new windows shall match the features of the original windows, including operating mechanism and style, mullion patterns and spacing, frame dimensions and profiles, and sightlines and proportions. That the project undergoes the appropriate City permitting process for exterior alterations on the project site.

3. That the applicant shall rebuild and install wood window screens for all the windows that can s upport window screens. The window screens shall retain an appearance consistent with the original window screens depicted in Exhibit “A”,

4. That any other exterior alterations to the site shall be brought before this Committee for review and approval prior to the issuance of any Building Permits and/or their installation or construction.

5. That all other City codes, ordinances, standards, and regulations shall be met.

6. That the approval from the Historic Preservation Advisory Committee shall lapse and become void twelve months after the date on which it became effective, unless the conditions of the approval allowed a shorter or greater time limit, or unless prior to the expiration of twelve months a building permit is issued by the city and construction is commenced and diligently pursued toward completion on the site that was the subject of the approval.

ATTACHMENTS
• Exhibit “A” – Development Plan
• Exhibit “B” – Operational Statement
• Aerial Map
• Historic District and Local Register Map

APPEAL INFORMATION
According to the City of Visalia Zoning Ordinance Section 17.56.060, an appeal to the City Council may be submitted within ten days following the date of a decision by the Historic Preservation Advisory Committee (HPAC). An appeal shall be in writing and s hall be filed with the City Clerk at 220 N. Santa Fe Street. The appeal shall specify errors or abuses of discretion by the HPAC, or decisions not supported by the evidence in the record. The appeal form can be found on the city’s website www.visalia.city or from the City Clerk.

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EXHIBIT B
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HPAC Item No. 2025-05 – Window Replacement

AERIAL MAP

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HISTORIC DISTRICT & LOCAL REGISTER MAP
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HISTORIC DISTRICT & LOCAL REGISTER MAP
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0069 Agenda Date: 5/5/2025 Agenda #: 2.

Agenda Item Wording:

Notice of Award Civic Center Phase 2. Authorize the City Manager to execute an agreement with Seals Construction, of Visalia, CA in the amount of $72,780,000, and authorize additional appropriation of funds for the full project cost $99.3 million for the Visalia Civic Center Phase 2 Project.

Deadline for Action: 5/5/2025
Submitting Department: Community Development
Contact Name and Phone Number:

Mike Porter, Civil Engineer, [email protected], 713-4412; Chris Crawford, City Engineer, [email protected], 713-4331; Jason Huckleberry, Engineering & Building Director, [email protected], 713-4495 Department Recommendation:

Staff recommends that the City Council:

1. Authorize the City Manager to execute an agreement with Seals Construction in the amount of $72,780,000 for the construction of the Civic Center Phase 2 Project (3720-72000/CP0374- 999); and

2. Authorize an additional appropriation of $87.8 million from various funds as outlined in the report.

Background Discussion:

Prior to bidding the Civic Center Phase 2 project, city staff solicited contractors through a prequalification process to verify that the contractors bidding on the project were both qualified and capable of performing the work. This process involved review of the contractor’sfinancial information, past projects completed, safety history, project references, and other construction records. Staff received prequalification submittal packages from seven contractors, all of whom were considered to be capable of completing the Civic Center Phase 2 project through this prequalification process.

On February 11, 2025, the City of Visalia Purchasing Division solicited bids from the seven contractors on the prequalification list for the construction of the Civic Center Phase 2 project. The bid package consisted of two parts: 1) “Total Bid Amount” for construction of Phase 2, and 2) “Deductive Alternates” for items that could potentially be removed from the scope of work for cost savings measures, at the discretion of the City Council. The Engineer’sEstimate for construction for the project was $81.2M. Since the low bid came in below the estimate, staff is not recommending removing any of the Deductive Alternate items from the project scope of work.

The bid opening was held on April 10, 2025, and three (3) bids were received for the project. Per the Visalia City Council Printed on 5/1/2025Page 1 of 5
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File #: 25-0069 Agenda Date: 5/5/2025 Agenda #: 2.

The bid opening was held on April 10, 2025, and three (3) bids were received for the project. Per the construction documents, the apparent low bid was established by the lowest Total Bid Amount. The results are summarized below.

No. Contractor Location Total Bid Amount

1. Seals Construction Visalia, CA $72,780,000

2. Bush Construction Hanford, CA $79,221,000

3. Pro West Contractors Wildomar, CA $89,805,000 Staff reviewed the bids and found that each bidder submitted the required information. Seals Construction’sBid proposal was determined to be the lowest responsive bid and as part of the bid review process, the references provided by Seals Construction were checked by staff. The reference projects listed include construction projects for Clovis Community College, Reedley College, and West Hills College, and other reference projects included facilities constructed for Tulare County Resource Management Agency. Staff recommends to award to the lowest responsive bidder, Seals Construction, in the amount of $72,780,000 for the construction of Visalia Civic Center Phase 2.

The Seals construction bid for the Civic Center Phase 2 includes multiple buildings within the Civic Center Campus, including the Public Safety Administration Building measuring 51,700 square feet, Evidence Storage Building measuring 15,200 square feet, and the new City Council Chambers measuring 10,100 square feet. The site is located along the east side of North Burke Street, south of East Goshen Avenue and north of Mill Creek. The current project is considered “Phase 2” of the City’slongstanding plan to relocate city government offices and Council Chambers to City owned parcels predominantly along the east side of North Burke Street, between East Goshen Avenue and the Mill Creek waterway. Phase 2 also includes construction of a new parking lot to be located at the northwest corner of Burke Street and School Avenue. City facilities located within the project site, considered “Phase1”,included the Visalia Emergency Communication Center (VECC) and ancillary parking area for emergency / public safety vehicles.

Fiscal Impact: The Civic Center Phase 2 capital project currently has budgeted $11,541,300 from the Civic Center Reserve Fund. These funds were obligated for the land purchase from the Successor Agency (RDA), architect and engineering services (Darden Contract), construction management (Griffin Contract), surveying services (Bedrock Contract), permits, and staff project management.

All costs, including the construction contract for the Civic Center Phase 2 project, are estimated to be $99.3 million as shown in the table below. Several of the costs are estimates. The utilities (SCE, Gas Co and Cal Water) are estimated from the project plans and specifications submitted to the utilities, but staff has not yet received the final installation costs for these items. The estimates for Furniture, Fixtures and Equipment, and Audio/Visual Equipment and Technology are estimated based on the anticipated needs of the project and from meetings with project stakeholders which include Police, Fire, Technology, and Finance Departments. Separate subgroups from the various departments will be consulted during the selection and procurement phases for these items and staff will return with an update of the actual costs during the construction phase of the project.

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Staff recommends appropriating the additional funding of $87.8 million from the Funds listed below:

As noted, the Police and Fire Impacts funds will require a General Fund loan. Per California Visalia City Council Printed on 5/1/2025Page 3 of 5
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As noted, the Police and Fire Impacts funds will require a General Fund loan. Per California Government Code Section 66006, all Impact fee funds are required to be used within 5 years of receiving it. A future project has not been identified at this time and an advance will meet these requirements. In addition, these funds were outlined in the Measure T Plan for funding the Public Safety Building. Staff is not recommending using Measure T Funds at this time.

The remaining $7.3 million in the Civic Center Reserve will be used, if needed, for any additional costs not included, or if the estimates come in higher in the categories listed above. Once the project is further along and estimates are finalized, these funds can then be appropriated to fund design services for the Civic Center Phase 3 (Administration).

Prior Council Action:

October 21, 2024 - Council adopted Resolution No. 2024-62 for the formation of Underground Utility District along Goshen Avenue.

June 17, 2024 - Council received an update on the project and authorized staff to begin the Request for Qualification process and authorized increasing the retention amount to 10%.

October 16, 2023 - Council received a presentation, approved a contract amendment for Darden Architects, and authorized an appropriation from the Civic Center Reserve Fund.

October 2, 2023 - Council received a presentation and selected several outdoor amenities alternatives. Staff advised will return at a later date for approval of a consultant contract amendment.

June 19, 2023 - Council received a presentation on the Civic Center landscape options and directed staff to return with clarifications and alternatives.

May 1, 2023 - Council received an update and presentation on Phase 2 of the Civic Center and approved staff moving forward with completion of the schematic design phase of the project.

February 6, 2023 - Council received an update and presentation on Phase 2 of the Civic Center December 19, 2022 - Council received an update and presentation on the site plan and possible architectural styles for the Civic Center buildings and approved the “Mission Inspired” style.

November 21, 2022 - Council received an update and presentation on the site plan and provided direction on the building orientation.

October 17, 2022 - Council accepted the presentation and approve the recommended site plan layout. City Council further considered and provided input on architectural styles via a visual exercise.

April 4, 2022 - Council Received an update on the Public Safety Office Building and City Council Chambers Project and approved a Consultant Contract Amendment requested by Darden Architects
June 7, 2021 - Council approved a motion for Mayor Steve Nelson to appoint two members of the Visalia City Council Printed on 5/1/2025Page 4 of 5
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Council to the Planning & Preliminary Project Assessment Committee.

March 15, 2021 - Council authorized the City Manager to enter into an A/E contract with Darden Architects to design the Public Safety Office Building/City Council Chambers.

November 4, 2019 - Council approved using the design-bid-build method of procurement for the PSOB Project.

August 19, 2019 - Council authorized appropriation of funds to issue an RFP for A/E Consulting Services for the new PSOB Project.

August 5, 2019 - Council received an update on the PSF project planning. Council directed staff to return with recommendation for appropriation of funds and creation of a new CIP for the planning and design of the new Public Safety Facility.

March 4, 2019 - Staff was directed to begin the planning phase of the new Public Safety Facility, and to return with an update on building size, staffing and Project funding.

Alternatives: Do not authorize the City Manager to enter into a construction agreement with Seals Construction. Any delay in this award could result in significantly higher costs due to recent tariffs and other construction industry increases which could make the project infeasible.

Recommended Motion (and Alternative Motions if expected):

I move to:

1. Authorize the City Manager to execute an agreement with Seals Construction in the amount of $72,780,000 for the construction of the Civic Center Phase 2 Project; and

2. Appropriate an additional $87.8 million as outlined in the report.

Environmental Assessment Status: Program Environmental Impact Report SCH No. 2010041078.

CEQA Review: Initial Study No. 2024-44
Attachments:

Vicinity Map
Aerial Rendering
Ownership Disclosure
Sample Construction Agreement
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Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0129 Agenda Date: 5/5/2025 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings
Monday, May 19, 2025 @ 7:00 p.m. at 707 W. Acequia
Monday, June 2, 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.

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