AGREEMENT FOR
2025 TRANSPORTATION IMPACT FEE STUDY UPDATE
This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and DTA 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”; 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
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.
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” identifying the Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.
II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of Consultant’s Notice to Proceed 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.
III. COMPENSATION
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 ninety-five thousand, nine hundred forty dollars ($95,940). 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”.
Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on the percentage of work completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
IV. AUTHORIZED REPRESENTATIVE
CITY: The Director of Engineering and Building 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.
CONSULTANT: __________________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.
TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of 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.
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.
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.
Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.
VI. INTEREST OF OFFICIALS AND THE CONSULTANT
No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
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 Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.
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
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.
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 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
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.
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.
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.
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:
Workers’ compensation insurance as required by California statues.
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).
Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
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.
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.
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.” 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.
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:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or 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 Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.
XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XIV. MISCELLANEOUS PROVISIONS
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.
Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
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.
Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA
707 W. Acequia Ave.
Visalia, CA 93291
Attention: City Clerk
CONSULTANT:____________________
_________________________________
_________________________________
Attention: ________________________
Phone:___________________________
Email:____________________________
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.
Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the CITY and the CONSULTANT.
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.
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.
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.
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.
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. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CITY OF VISALIA CONSULTANT
___________________________ ___________________________ City Manager
Approved as to Form
__________________________________
City Attorney
_________________________________
Risk Manager
_________________________________
Project Manager
Attachments:
Exhibit “A”: Scope of Work
Exhibit “B”: Project Fees and Schedule of Fees for Professional Services (if applicable) EXHIBIT A – SCOPE OF WORK
SCOPE OF SERVICES
Required Product
The awarded Consultant shall provide the professional services needed to develop a report and fee program that updates the City’s existing Transportation Impact Fee Program and accompanying ordinances, based on the Nexus Study completed November 13, 2008 with a subsequent update in 2015 and ensure that the City’s Transportation Impact Fee Program is in accordance with the Mitigation Fee Act (the Act) with Assembly Bill 1600 in 1987 and subsequent amendments. This report will be used to assess fees to new developments within the City of Visalia to construct the identified projects within the TIF program.
Services of the Consultant
The Consultant shall perform all necessary tasks to provide the City with the above stated “required product." Services for the Transportation Impact Fee Program shall include, but are not to be limited to:
Project Management
Project Data Creations and Analysis
Public Outreach
Meeting Coordination and Presentations
The work shall comply with the requirements of all of the following without limitation, and shall apply to this RFP and any subsequent contract as though incorporated herein by reference:
Federal laws
State laws
Local laws
Rules and regulations of governing utility districts
Rules and regulations of other authorities with jurisdiction over the procurement of products GENERAL REQUIREMENTS:
Consultant Requirements:
The purpose of this RFP is to give the Consultant a clear idea of the City’s goals and objectives to complete the project. The Consultant is strongly encouraged to propose the best means and methods to accomplish these goals. The Consultant shall clearly indicate the levels of participation expected from City staff in the fulfillment of their proposal. All proposals will be judged on the qualifications of the Consultant and the means and methods that are being proposed to meet the City’s goals in accordance with the evaluation criteria listed in this RFP. While it is believed that the requirements set forth in this Request for Proposal are in a logical sequence and include all elements essential for a comprehensive design, those submitting proposals are advised to include any subject or procedure which they believe has been overlooked. They may also note requirements and items which they believe to be excessive or extraneous to the scope of an effective design.
The page identifying preparers of engineering reports, the title sheet for specifications and each set of plans shall bear the professional seal, certificate number, registration classification, expiration date of certificate, and signature of the professional engineer(s) responsible for their preparation, hereafter referred to as ENGINEER.
Consultant shall promptly notify the City Project Manager of any ideas that may yield a better report or impact fee together with the supporting material for consideration.
Consultant has total responsibility for the accuracy and completeness of all reports, data, plans, specifications, and estimates prepared for this project and shall check all such material accordingly. The data and plans will be reviewed by the City for conformity with City Design Standards, the California Environmental Quality Act (CEQA), and the preliminary design work.
The plans, designs, estimates, calculations, reports, and other documents furnished under this Scope of services shall be of a quality acceptable to the City Project Manager. The criteria for acceptance shall be a product that is complete, clear, well organized, technically, and grammatically correct, and that has been through the consultant’s quality control process. The minimum standard of appearance, organization, and contents of the drawings shall be that of similar types of products by the City of Visalia.
The Consultant shall utilize the City’s standards, templates, and existing program studies for completion of the work. Consultant shall prepare the work product in compliance with the requirements of the City’s standards. Consultant shall promptly bring any discrepancies or conflicting items to the City’s attention for a final determination.
Project coordination meetings shall be held a minimum of once a month to review the Consultant’s work schedule, the terms of the contract, and discuss any issues or concerns. Additional meetings may be required by the City Project Manager.
Consultant shall maintain careful and complete documentation of project activities throughout all phases of the project. In the event that the project is audited, all files shall be made available, as requested by the auditors.
TASKS:
The following section is broken down into several project Tasks to give the Consultant a full understanding of City expectations for services to be rendered. Consultant shall include a description of how they will approach each task in their proposal. Consultant shall format the Proposal to include each task for the project phase.
Task 1 – Project Management
City of Visalia staff will serve as the Contract Administrator and Project Manager for the City of Visalia. The Consultant will not be acting in a Management role for the City of Visalia. The Prime consultant shall serve as the project manager for the prime consultant and any sub-consultants. The prime consultant shall be responsible for the consulting team’s project management activities throughout the life of the contract including, but not limited to the following activities:
Administration
Coordination and management of all sub-consultants
Managing and updating the project schedule in coordination with the City of Visalia Scheduling meetings in coordination with the City of Visalia Project coordination meetings (1 per month during, more id determined by the City Project Manager). It is expected that the Consultant’s project manager will represent the Consulting firm, attend the meeting, and bring updates. Representatives from individual tasks may attend the monthly coordination meeting on an as-needed basis.
Prepare & distribute minutes, materials and handouts.
Consultant will be responsible for timely responding to City Staff questions/correspondence within 2 working days of the request from the City.
Quality Control (QC): Consultant shall implement and maintain quality control procedures to manage conflicts, ensure product accuracy, and identify critical reviews and milestones.
Quality Control program shall be in effect for the duration of the contract.
Consultant shall provide a QC review prior to each submittal.
Design and calculations shall be independently checked, corrected, and back-checked.
All items are to be cross-coordinated between disciplines. Conflicts and misalignments shall be corrected or identified for resolution.
Consultant’s QC person shall sign all draft & final plans, reports and documents submitted to the City, in addition to the person responsible for preparing said plans, reports and documents.
Prepare monthly progress invoices to the City of Visalia.
Task 2 – Project Initiation
Upon issuance of the Notice to Proceed, Consultant shall schedule a Kick-Off meeting with the City of Visalia. Only the Consultant’s Project Manager is required to attend the Kick-Off meeting; however, Consultant may invite other attendees as deemed necessary. This meeting will begin the official project initiation task and will help to bring all the parties into a mutual understanding. The Project Initiation task includes, but is not limited to the following items:
Schedule & attend the Project Kick-Off meeting.
Prepare agenda for Project Kick-off meeting.
Provide the COV with a list of designated consultant contacts.
The consultant’s proejct team must conduct a review of the past TIF reports and fees prior to the kick-off meeting and assess the conditions of the existing TIF.
Develop a list of issues, questions, and coordination items for the Project Kick-off meeting.
Consultant shall identify all necessary steps or potential issues that are needed for a complete project.
Review and refine project schedule in compliance with agreed upon schedule from Consultant Contract Agreement.
Review and discuss City and Consultant responsibilities, as needed to clarify any questions.
Review and discuss Scope and Budget as outlined in the Consultant Contract Agreement.
Prepare and distribute meeting minutes.
Task 3 – Preliminary Draft Report
Under this task the Consultant shall perform all services necessary to identify all infrastructure that will be included within the TIF and associated cost to construct. The following sub tasks shall be completed and summarized into the draft report upon completion and provided to the City for review.
Task 3A – Infrastructure Identification with Construction Costs The Consultant is expected to establish a list of projects that will include but not limited to all roadways needing to be completed within the current TIF study as well as any new roadways that shall be included to ensure a 20-year plan. The list shall include a preliminary cost to complete the project utilizing estimated rates for prevailing wage which includes but not limited to land acquisition, design, and construction. In addition, a detailed map will be established that will help visually show where the projects are within the City.
If any of these roadways have a Southern California Edison Transmission line that currently exists along the corridor, the Consultant will provide the estimated cost to relocate all associated components related to the Transmission line. This cost will be added into the previously estimated cost of the project to establish a secondary cost that can be used in the fee establishment task to allow the City to make the decision to have Transmission lines included in the TIF or not. In addition, the Consultant shall identify necessary culvert crossings and bus stops along the street segment projects included within the TIF program that may need to be included. Consultant to provide estimated costs for any such culverts and bus stops within the program for program inclusion.
The Consultant and the City will review this list to establish a Capital Improvement Plan percentage credit due to other funding sources such as Measure R, grants, or another City fund. This credit will be applied to the entire project cost to implement the TIF in order to reduce the overall cost that will be imposed on development through the TIF fees. Additionally, the City may elect to identify street segments that may be deferred out of the current fee program.
Task 3B – Preliminary Fee Establishment
The Consultant will establish a fee based on the final construction costs that will be applied to the uses currently identified in the existing City fee program. During draft review, the City may elect to change and/or alter the uses within the program.
Task 4 –Development Community Meeting
It is imperative to have open dialog and concurrence from the Visalia Development Community. The Consultant will be required to present the preliminary findings to any party interested in participating. This meeting is to provide the methodology, the preliminary construction costs, and associated fees to the development community in order to receive productive feedback that can help refine the overall project. The Consultant will be expected to receive the information, evaluate, and make proposed changes with identified impacts to the City prior to adjusting the proposed draft report and fees. The City will then determine any associated changes to incorporate. The Consultant will assemble all associated information and effort performed with this task and include it in the presentation to City Council. The Consultant shall assume that two (2) coordination meetings may need to occur depending on the level of changes proposed.
Task 5 –City Council Meeting
Once a draft report and fee has been established and vetted through the development community, the Consultant will assemble all information in a presentation to the City Council. The Consultant team will lead the presentation like the Development Community Meetings whereby providing the methodology, the preliminary construction costs, and associated proposed fees the City Council should adopt. Collection of comments, questions and direction by the City Council is the responsibility of the Consultant. If questions can be answered during the meeting, the Consultant shall do so, but documenting all inquiries shall still occur and be provided to City staff. Based on the outcome of the meeting, the Consultant in coordination with City staff, shall adjust the proposed TIF report and fee to address any City Council questions or direction. The Consultant shall assume that attendance at two (2) City Council Work Session meetings will be required.
Task 6 –Final Report
Upon concurrence by the City of Visalia City Council, the Consultant shall finalize the report and all associated fees into a final report. This report will then be delivered to City staff to be presented formally to City Council under an Ordinance for adoption. The Consultant shall assume that attendance at the City Council meeting is required.
DELIVERABLES:
The following list contains some of the main deliverables identified in the Scope of services. The fact that an item is not listed below, does not relieve the Consultant from providing that item as necessary for the successful completion of the project. Typical deliverables may include, but are not limited to:
Project Schedule & Updates
Agendas
Minutes
Detailed Project Cost Estimates
Meeting Materials
Draft & Final Reports
Draft Fees
Final Fees
2025 Transportation Impact Fee Study Update