Agenda packet — Visalia City Council, November 3, 2025 (part 2 of 3)

PROFESSIONAL CIVIL ENGINEERING AND

LAND SURVEYING SERVICES PROPOSAL

Date: October 10, 2025
Client: City of Visalia
Project: Conyer Street Rehabilitation
Location: Conyer Street from Walnut to Main
Visalia, CA

INTRODUCTION

We appreciate the opportunity to submit this Design Services Proposal for the Conyer Street Pavement Rehabilitation Project in the City of Visalia. This project represents a meaningful opportunity for our team to bring our extensive experience and detailed civil design work to contribute to meeting the City’s infrastructure goals while establishing a new, productive and long-term working relationship with the City of Visalia.

It has been several years since we have worked on our last City of Visalia capital improvement project, and we recognize the importance of making a strong and lasting impression. We understand the value that is added to a project by being responsive and paying attention to details. Understanding that clear and frequent communication is a core value for your department, we are committed to upholding that standard. Throughout the project you can expect constant communication, timely responses and transparency from our team. We are confident that this approach combined with the technical expertise of our team will result in a smooth project which will ultimately deliver a successful project to the City of Visalia and its residents.

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LANE ENGINEERS, INC.

Civil • Structural • Surveying
www.laneengineers.com
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PROJECT UNDERSTANDING

The proposed project will provide pavement rehabilitation and upgrades to pedestrian facilities along Conyer Street between Walnut Avenue and Main Street. Pavement rehabilitation work will include removing isolated areas of pavement failures (if they exist), pavement milling, pavement overlay, and applying a cape seal at a specific segment of Conyer Street. In addition to pavement rehabilitation, the project will also include design for PROWAG compliant pedestrian improvements along Conyer Street.

These improvements include PROWAG compliant curb ramps, alley approaches and infilling of sidewalk gaps and/or removal and replacement of severely damaged and defective public improvements (i.e. curbs, curb/gutter, sidewalks) within the project area. The total scope of work including pavement rehabilitation for different segments of Conyer Street will be divided as follows:

• Conyer Street from Walnut Avenue to Tulare Avenue
o Pavement rehabilitation will consist of a cape seal treatment only; the limits will be between the lips of gutters and will extend around curb returns to minor streets. o New striping and pavement markings. Installation of additional signage, if warranted. o Existing curb returns within this segment will be evaluated and redesigned to comply with current ADA, PROWAG and City of Visalia standards. The existing sidewalk within this segment will also be evaluated for accessibility compliance and will include design of concrete sidewalk at deficient areas and new sidewalk to infill the sidewalk gaps on only the east side of Conyer Street. Design of sidewalk infill on the west side of Conyer Street is not within the scope of this project.
o Removal of existing SCE meter and reinstall on a pad mounted dual meter service pedestal at the intersection of Conyer Street and Walnut Avenue.

• Conyer Street from Tulare Avenue to Main Street
o The pavement will be rehabilitated by milling the edges of the existing roadway and constructing an HMA overlay (estimated 0.17’ to 0.20’). If there are areas that will result in excessively steep cross-slopes because of the overlay, the City of Visalia will be consulted to determine if the entire width of certain sections of Conyer should be milled.

The City will also be consulted to determine widths for normal edge milling along the Conyer alignment.
o Existing curb returns and alley approaches will be evaluated and redesigned to comply with current PROWAG and City of Visalia Standards.
o Restriping of Conyer Street within the project boundary, and installation of any required signage (e.g. mid-block crosswalk) will be part of this project. o Upgrading a traffic signal at Main Street and Conyer Street to convert to video detection installation of new accessible pedestrian push buttons and installation of countdown pedestrian signal heads.

In all areas of the project, we will endeavor to limit the potential right-of-way impacts and come up with creative solutions. However, in all instances it may not be possible to design and install PROWAG compliant ramps within the existing right-of-way. In those specific instances, we will discuss options with the City of Visalia.

The overall limits and depiction of the scope of work is shown in Exhibit ‘A’.

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Civil • Structural • Surveying
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PROJECT TEAM

The design team, led by Lane Engineers, will provide general project management, coordination and quality control throughout the duration of the project. Lane Engineers will also provide land surveying services and civil engineering design services for the project. To support specialized aspects of the project, Lane Engineers will retain the following subconsultants.

• JLB Traffic Engineering, Inc. will provide design services to upgrade a traffic signal to a video detection system and emergency vehicle preemption at the intersection of Main St. and Conyer St., and will lead coordinate efforts with SCE to install a metered service pedestal for the existing traffic signal at the intersection of Conyer and Walnut.

• CTL-Krazan will take pavement cores to determine the existing thickness of HMA and AB, R- Value sampling and testing. along Conyer Street, and will provide a project specific report with recommendations for milling and overlaying along Conyer.

• Bedrock Engineering will provide utility locating services using ground penetrating radar, at the intersection of Conyer St. and Main St.

• KRC Safety will be retained by either CTL-Krazan or Lane Engineers, if required, to implement traffic control for the geotechnical field work.

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PROJECT APPROACH

Lane Engineers will provide civil design and land surveying services for this project and will be supported by a team of qualified subconsultants to ensure successful project delivery. Our approach focuses on proactive communication, attention to detail, and responsiveness throughout all phases of the project.

Meetings & Project Management
JLB & Lane Engineers will meet in the field to review the scope of the project and make final determinations on the topographic survey, and utility locating needs.

Project Schedule
Prior to the initial kickoff meeting, we will develop a schedule noting major milestones and their approximate dates. The schedule will be further refined, if required, after meeting with the City and updated accordingly at each major milestone. A preliminary schedule is presented in this proposal.

Project Kickoff Meeting
We will begin the project with a kickoff meeting with City Staff and subconsultants to review the project scope, review objectives, identify any potential concerns or constraints, review and discuss timelines and deliverables at various stages of the project. Additionally we will review and discuss Consultant and City responsibilities, discuss format of drawings and specifications, and discuss data requests.

Geotechnical Report
The geotechnical consultant will be authorized to proceed with the taking pavement cores and R-value sampling and testing. A report will be prepared with recommendations for the mill and overlay. During the kickoff meeting, we will discuss with the City if there are any special considerations with respect to the location and timing of the work. Refer to Exhibit B for the planned testing locations.

Utility Locating
The utility locating service will be authorized to proceed with their work at this stage of the project. The utility locater will only be locating utilities at the intersection of Conyer & Main to mitigate the potential risk associated with a new pole foundation interfering with existing underground utilities. During the kickoff meeting, we will discuss with the City if there are any special considerations regarding the timing of the work.

Topographic Survey & Field Investigation
Lane Engineers will prepare a topographic survey within the project boundaries and topographic survey limits that will include existing curb ramps, alley approaches, utility features and sidewalks. A field walk has already been performed to gain an understanding of the project and existing curb ramps, sidewalks, etc. It is anticipated that additional field walks and supplemental topographic survey information will need to be gathered to support the design phase of the project. The limits of the topographic survey are depicted in Exhibit C and will include the following:

• Conyer from Walnut to Tulare: Survey will include limits of curb lines, signage, striping, pavement markings, manholes, valve boxes, monuments, etc. to determine the limits and area for a cape seal. Additional and more detailed topographic survey in Conyer from Walnut to Tulare to support detailed design for new PROWAG compliant ramps (approximately 28 ramps) and sidewalk evaluation and infill along the east side of Conyer.
• Conyer from Tulare to Main: Survey will include grades throughout to design for pavement milling and an HMA overlay, and redesign for new PROWAG compliant ramps (approximately 26 ramps), five alley approaches, and three City driveways. • The intersection of Conyer Street and Tulare Avenue will be excluded as the ramps have been reconstructed in the current year (2025)
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For the portion of the topographic survey between Tulare and Main, we will research existing utility maps, existing City drawings, and interpret paint markings and other USA markings to predict the approximate alignment and location of existing utilities within the public right-of-way. The existing utilities will be plotted on the topographic survey based on the data we gathered and based on the interpretation of said data and evidence in the field.

Construction Documents (Plans Specifications & Estimates) The project team will prepare and provide progress plans, review and update project manual and cost estimates that reflect the work being done. The progress milestones for submittal of construction documents to the City will be 30%, 60%, 90% and 100%, and a Final Plan Set for bidding and construction. The design for the new concrete improvements (curb returns and sidewalk infill) between Walnut Avenue and Tulare Avenue will be shown on its own dedicated plan sheets, This will provide clarity and flexibility during the bidding process, allowing this portion of the work to be bid separately, if desired by the City. Additionally, this work will be listed under a separate Alternate Bid Schedule in the Project Bid Manual. It is expected that the plans will be prepared on the City of Visalia title block, and the City will provide us with the appropriate CAD files.

• 30% PS&E: We will meet with City staff in-person, or via Teams to present, review and discuss the 30% plans which will consist of proposed locations for new poles for pedestrian push buttons, new signal equipment, re-designed curb, drive approach modifications, and alley modifications.

We expect to be able to identify potential conflicts with utilities or right-of-way at this stage. We will also show proposed curb ramp locations and general configurations. A very high-level construction cost estimate will be prepared at this stage. The City, at their option, may retain the plans for further review and comment to provide one consolidated and non-conflicting set of review comments on the 30% drawings.

• 60% PS&E: The 30% plan review comments from the City will be incorporated into the 60% drawing set. We will add to the existing plan set, the traffic signal modification plans which will show size of proposed conduit runs, pull boxes, splice vaults, cables, wiring, signal equipment and PROWAG compliant ramps. Traffic signal electrical sheets will show location of electrical pull boxes, traffic signal controllers, pedestrian push button poles, EVP equipment, EVP scheme, etc. The civil drawings will contain detailed grading at curb ramps, additional details, cross- sections, etc. We will prepare a more refined construction cost estimate and prepare a bid list/schedule and construction specifications and special provisions formatted according to the City of Visalia requirements. The 60% plans will be submitted to the City along with a consolidated response-to-comments for City review and comment. It is expected that the City will review provide a single consolidated and non-conflicting set of comments on the 60% PS&E.

• 90% PS&E: The 60% plan review comments from the City will be incorporated in the 90% PS&E and any comments on the construction cost estimates, and other progress bid documents will be incorporated into the 90% drawing set. The 90% PS&E will be submitted to the City along with a consolidated response-to-comments for City review and comment. It is expected that the City will review provide a single consolidated and non-conflicting set of comments on the 60% PS&E.

• 100% PS&E: The 90% plan review comments from the City will be incorporated into the 100% PS&E. The documents will be largely bid-ready at this point, but we will make a final submittal to allow one final opportunity to provide any final comments prior to preparing the project to go to bid. The 100% PS&E will be submitted to the City for review and comments. It is expected that the City will review and provided a single consolidated and non-conflicting set of comments on the 100% PS&E.

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• Final PS&E: The 100% plan review comments from the City will be incorporated into the Final 100% PS&E. We will arrange a final Teams meeting with the City to review the final comments, go over recommendations, and discuss preparing the project for bid.

Right of Way Coordination & Support
We will provide right-of-way coordination and support to the City by providing a legal description and plat map for either an easement or right-of-way dedication if it is determined, along with the City, that certain corners at certain intersections require additional right-of-way to be able to construct PROWAG compliant improvements. Recognizing the cost and time required to obtain right-of-way, the design of the project will endeavor to minimize to the extent reasonable and feasible, the right-of-way impacts.

Bidding Services Assistance
At the City’s option, we will provide assistance to the City during the bid process to help City staff respond to any questions, respond to requests for information (RFIs) and prepare any bid addenda, if required.

We assume that the City will primarily take the lead and will only involve the design team on technical issues directly related to the design.

Construction Support Services
At the City’s option, we will provide assistance to the City during the construction phase of the project to help City staff respond to any questions, any requests for information (RFIs) and for modification of the plans and/or preparation of change orders. It assumed that submittals will be reviewed and completed by City staff and the design team may assist from time-to-time. We assume the City will primarily take the lead on construction administration and will only involve the design team on technical issues directly related to the design.

At the completion of construction, as-built drawings will be prepared which will reflect contractor markups of any minor changes or deviations made in the field. The as-built drawings will be prepared in a format acceptable to the City.

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PRELIMINARY SCHEDULE

We understand that the City wishes to move forward with the design of the project to have a bid ready set in approximately 12 months from authorization to proceed for the project. This schedule is based on the assumption that the City will promptly provide plan review comments during the different progress set submittals and when design direction or clarification is requested by the design team.

Milestone Duration Cumulative
Duration
Approximate
Start Date
Approximate
End Date
City Council Approval 1 Day 1 Day 11/3/2025 11/3/2025
Project Meetings 1 Day 3 Weeks 11/24/2025 11/24/2025
Project Schedule Ongoing Ongoing 11/24/2025 Ongoing
Project Kickoff Meeting 1 Day 4 Weeks 12/1/2025 12/1/2025 Geotechnical Sampling &
Testing
4 Weeks 6 Weeks 12/15/2025 1/12/2026
Utility Locating 1 Day 6 Weeks 12/15/2025 12/15/2025
Topographic Survey &
Basemap
6 Weeks 12 Weeks 12/22/2025 2/2/2026
Right-of-Way
Coordination & Support
Ongoing Ongoing 2/2/2026 Ongoing
Prepare & Submit
30% PS&E
6 Weeks 18 Weeks 2/2/2026 3/16/2026
City Review & Comment 4 Weeks 22 Weeks 3/16/2026 4/13/2026 Prepare & Submit
60% PS&E
6 Weeks 28 Weeks 4/13/2026 5/25/2026
City Review & Comment 4 Weeks 32 Weeks 5/25/2026 6/22/2026 Prepare & Submit
90% PS&E
6 Weeks 38 Weeks 6/22/2026 8/3/2026
City Review & Comment 2 Weeks 40 Weeks 8/3/2026 8/17/2026 Prepare & Submit
100% PS&E
2 Weeks 42 Weeks 8/17/2026 8/31/2026
City Review & Comment 2 Weeks 44 Weeks 8/31/2026 9/14/2026 Prepare & Submit
Final PS&E
2 Weeks 46 Weeks 9/14/2026 9/28/2026

Note: The preliminary schedule is intended to conservatively estimate a 1-year timeframe from City Council approval to bid-ready PS&E. The schedule is not exact and may be subject to change.

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SCOPE OF SERVICES

The fee noted below includes services for the following items:

1) Project Management
• Conduct Field Review meeting with subconsultant JLB and with City of Visalia staff, if City staff desires to attend.
• Develop project schedule and update throughout the duration of the design process. An updated schedule will be provided to the City at the end of each month, beginning with the first full month of the project. Upon providing Final PS&E to the City of Visalia, we will no longer update the project schedule
• Project Kickoff Meeting with City of Visalia staff, Lane Engineers, and JLB to review City and Consultant responsibilities, review scope, schedule, discuss format of drawings and specifications, discuss data request (e.g. as-built drawings) • Coordinate with City to verify dimension and limits of rehabilitated A.C. pavement, and limits of cape seal
• Coordination with Visalia Unified School District (VUSD) for improvements which may adjoining or be on VUSD property
• Coordination with utilities companies (e.g. Cal Water, SCE) to the extent the pavement rehabilitation and ramp improvements may affect boxes and manhole covers • Coordinate with City to verify pavement rehabilitation details (i.e. milling depth and width, and overlay thickness)
• Provide overall project management and coordination with subconsultants, including communication with City of Visalia staff on challenges, progress and status of project, compilation of submittals of PS&E, review and distribution of comments from City staff to subconsulatants

2) Geotechnical Report
• CTL-Krazan, as a subconsultant to Lane Engineers, will complete up to five testhole borings to determine the existing pavement section thickness at various location in Conyer Avenue. The holes created in the pavement will be backfilled and compacted with a concrete plug. The pavement cores will be taken within the traveled lanes of Conyer Street to minimize potential conflicts with existing utilities. • CTL-Krazan will collect soil samples at the subgrade of each testhole for R-value testing. • A brief report will be prepared reporting observations. • A geotechnical report with recommendations for the pavement milling and HMA overlay is included within this scope of services.

3) Utility Locating
• Bedrock Engineering, as a subconsultant for Lane Engineers, will provide underground utility locating services at the intersection of Conyer and Main, to facilitate the design and installation of new accessible pedestrian signal (APS) push buttons. • Bedrock will generate an 811 ticket and will search for and mark existing underground utilities using ground penetrating radar and/or electromagnetic pipe and cable locator at all four corners of the intersection from the lip of gutter to approximately 3’ behind the back of sidewalk

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4) Topographic Survey & Background Map
• The topographic survey will locate the visible physical features within the project limits such as buildings, fences, gates, vaults, trees, parking areas, pavements, quarter crowns, and ground elevations. Grades will be taken at approximately 50-foot cross sections, but additional measurements will be gathered as necessary to depict the existing improvements per the limits defined in the attached Exhibit ‘C’. • Topographic survey will include everything within the right of way, but additional detail will be gathered beyond the right of way around ramps and alleyways. Near ramps and alleyways the following will be located accurately: corners of utility boxes, corners of signal light base plates, and additional pavement elevations near lip of gutter. • Horizontal datum will be California State Plane Coordinates, Zone 4 as established by the California Survey and Drafting Services real time network. • Vertical datum will be NGVD 29 based on the nearest available City of Visalia Benchmark.
• Underground utilities locations such as gas, telephone, cable television, electric company, water, etc., are included in this proposal to the extent that they can be plotted from surface evidence and record drawings provided by the respective utility companies and/or Client. The cost of record drawings from the utility companies are included within the proposal.
• City and/or State right of way will be determined throughout project limits based on a combination of monuments located during field work, record maps, and other City provided information.
• Any storm drain that is located within topographic survey limits will be located and invert elevations will be measured for any inlets that will need to be relocated. Sewer manholes will be located, but no inverts will be measured. • Some of the information for underground utilities within the site (such as utility depths and inverts) may not be accessible without potholing the utility and measuring depths and inverts of the exposed piping. If pot holing is necessary, outside sources will be required to excavate and expose utilities. This work, if required, will be billed on a time and materials basis per the attached fee schedule, or in accordance with a separate agreement.
• The drawing will be prepared in AutoCAD Civil 3D 2023 (R2018 .dwg format) at a suitable scale for design purposes. We will coordinate with the project team for desired sheet orientation and scale.

5) Civil Plans, Specifications & Estimates (PS&E)
• Evaluate condition of existing pavement slopes, condition of various curbs and gutters and make recommendations to City for removal and replacement. • Prepare Civil Drawings and progress drawings at 30%, 60%, 90%, 100% and final completion. The Civil Drawings will include the following:
o General Project Coversheet
o City of Visalia General Notes
o Demolition Plan Showing the extents of pavement milling and the extents of curb/gutter, ramp, and sidewalk removal to facilitate the construction of new improvements. Separate demolition plan sheets will be prepared for the ramps and concrete work along Conyer from Walnut to Tulare so they can be bid separately if desired by the City.
o Conyer Street Rehabilitation Plans from Walnut to Tulare (Plan View Only). ▪ The segment between Walnut Avenue to Tulare Avenue will receive a cape seal treatment. The plans will note the limits of the cape seal and will show how to deal with existing manhole covers, valve covers, and any other monuments (e.g. utility cover shields, or other methods acceptable to the City of Visalia), to protect them from the cape seal 198

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treatment. The plans will also call for raised pavement markers to be installed (to mark fire hydrant locations) per City Standard Specifications.
▪ Existing curb ramps and alley approaches within the segment between Walnut Avenue to Tulare Avenue will be evaluated and redesigned under scope item number 6.
o Conyer Street Rehabilitation Plans from Tulare to Main (Plan View Only) ▪ The segment between Tulare Avenue and Main Street will be rehabilitated by milling the edges of the existing asphalt roadway and overlaying with asphalt. The exact details, thickness and extents will be coordinated with the City of Visalia. The plans will call to raise valve boxes and manholes to grade as appropriate.
▪ Existing curb ramps and alley approaches within the segment between Tulare Avenue and Main Street will be evaluated and redesigned to comply with current PROWAG and City of Visalia standards, excluding the intersection of Conyer and Tulare, for which new ramps are presently under construction as of the date of this proposal. It is anticipated that enlarged grading/drainage details will be shown at a drawing scale of 1” = 5’.
o Cross Sections of roadways and pedestrian walkways at various locations as appropriate and to provide sufficient information and detail for construction o Pavement Delineation Plans & Signage Plan to replace, in kind, the former striping and pavement markings that will be covered up by pavement the cape seal and pavement overlay. We will identify areas where the former pavement striping and/or street signage may need to be modified, or where signage or striping was formerly missing.
▪ The segment between Tulare Avenue and Main Street is designated a Class 2 Bike Route. This section will be restriped in kind to meet current City Standards for a Class 2 Bike Route.
▪ The segment between Walnut Avenue and Tulare Avenue is designated as a proposed Class 3 Bike Route. This section will include striping and signage to meet current City Standards for a Class 3 Bike Route. o Project specific civil details
o City of Visalia Standard Details
• Revise Plans per City comments at the various stages (30%, 60%, 90%, 100%) • Coordinate with the City of Visalia to prepare Project Manual as follows:
o Review and modifications of special provisions
o Insert appropriate technical specifications
o Prepare Bid Item Description
o Prepare Bid Proposal (Bid Sheet) Form
o Provide Engineer’s Estimate

6) PS&E for Ramps & Sidewalk from Walnut to Tulare
• This item will include detailed design for sidewalks and new curb ramps, consistent with the scope of work presented in scope item #5 immediately above to include the following:
o Enlarged grading/drainage improvement details to redesign new PROWAG compliant ramps within the segment between Walnut Avenue to Tulare Avenue (excluding redesign of curb returns at the intersection of Tulare Ave. & Conyer St which are presently under construction as of the date of this proposal. Also excluding redesign of curb returns at the intersection of Walnut 199

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Avenue and Conyer St.) It is anticipated that enlarged grading/drainage details will be shown at a drawing scale of 1” = 5’.
o Plan view of new sidewalk to be constructed to infill sidewalk gaps on the east side of Conyer Street within the segment between Walnut Avenue to Tulare.

Existing sidewalk on the east side of Conyer Street within this segment will be evaluated for ADA compliance. If portions of the sidewalk are found noncompliant, the sidewalks will be redesigned as necessary to meet ADA standards.

7) Traffic Signal Upgrade Plans, Specifications & Estimates (PS&E) at Conyer & Main • JLB Traffic Engineering, as a subconsultant to Lane Engineers, will produce PS&E for upgrading the traffic signal at the intersection of Conyer & Main to include accessible pedestrian push buttons, video detection, emergency vehicle preemption, and countdown pedestrian signals. PS&E will be prepared at progress intervals of 30%, 60%, 90%, 100% and final for bidding and construction.
• The traffic signal sheets will consist of the following:
o Location of electrical appurtenances such as pull boxes, traffic signal controllers, traffic signal poles, mast arms, vehicle signal heads, proposed location of EVP equipment on the mast arms along with EVP for each direction o Proposed emergency vehicle preemption scheme
o Location of controller and service pedestal
o Location of electrical point of service source
o Location of conduits, pull boxes and splice vaults
• Revise Plans per City comments at the various stages of submittal. • JLB will coordinate with Lane Engineers and City of Visalia to prepare traffic-related portions for incorporation into a Project Manual as follows:
o Review of special provisions
o Insert appropriate technical specifications
o Prepare Bid Item Description
o Prepare Bid Proposal (Bid Sheet) Form
o Prepare Engineer’s Estimate
• All specifications, bid information and cost estimates, including responses to plan review comments will be merged into a single concise document, as appropriate from the project team.

8) SCE Electrical Point of Service Plans, Specification & Estimates (PS&E) at Conyer & Walnut • JLB Traffic Engineering, as a subconsultant to Lane Engineers, will produce PS&E for the installation of new dual meter service pedestal. JLB will attend a field meeting with SCE and the City of Visalia to discuss the modified electrical point of service and JLB will assist the City with responses to questions related to the SCE application. • Revise Plans per City comments at the various stages of submittal. • JLB will coordinate with Lane Engineers and City of Visalia to prepare electrical-related portions for incorporation into a Project Manual as follows:
o Review of special provisions
o Insert appropriate technical specifications
o Prepare Bid Item Description
o Prepare Bid Proposal (Bid Sheet) Form
o Prepare Engineer’s Estimate
• All specifications, bid information and cost estimates, including responses to plan review comments will be merged into a single concise document, as appropriate from the project team.

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9) Tulare to Main Right of Way Support
• Provide legal description and exhibit for right of way acquisition if required because of proposed improvements.
• Fee includes preliminary title report for affected parcel, as required for approval by the City of Visalia.
• Fee includes a maximum of 10 legal description and exhibits. If less than 10 are required, fee will only be billed in proportion to the amount provided ($2,200 per legal and exhibit).
• City will be responsible for all communication and coordinating signatures with landowners.

10) Walnut to Tulare Right of Way Support
• Provide Right of Way Acquisition services consistent with scope of work provided in scope item #9 immediately above for the segment of Conyer between Walnut and Tulare

11) Monument Preservation
• Locate and tie out all flush monuments to be destroyed during pavement rehabilitation on Conyer Street between Tulare Avenue and Main Street. Initial research indicates one flush monument at the intersection of Mineral King and Conyer. • File corner records with the Tulare County Surveyor with ties taken preconstruction.

Ties will be utilized that will survive construction and the replacement of the ramps. • Construction surveyor will be responsible for utilizing corner records to re-establish monuments during construction phase.

12) Bidding Services Assistance (Optional)
• The City of Visalia will advertise and award the project. Lane Engineers will provide up to 30 hours and JLB will provide up to 10 hours to assist the City during bidding. If additional hours are needed, we will promptly notify the City. During the bidding process we will assist with the following
o Attend pre-bid meeting with City (if required and if applicable) o Assist the City in preparing responses to questions and requests for information (RFIs) which are technical and related to the design. o Support the City’s project manager by providing answers to questions and preparing documents for bid addenda, if required.

13) Additional Bidding Services Assistance (Optional)
• The bidding services for the additional design under scope item #6 intended to allot additional time to perform the same bidding assistance tasks but associated with the additional design tasks in this proposal.
• Under this scope item, Lane Engineers will provide up to an additional 30 hours of time of bidding assistance associated with the concrete work on Conyer between Walnut and Tulare

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14) Construction Support Services (Optional)
• Lane Engineers will provide up to 115 hours of time and JLB will provide up to 10 hours of staff time to help answer questions related to technical design on the project. It is assumed the City of Visalia will primarily review submittals and handle any other administrative-related questions or issues that may arise. If additional hours are needed during construction, we will promptly notify the City. During construction, we will assist with the following
o Attend Pre-construction meeting with Contractor and City (if required and if applicable)
o Assist City in review submittals which propose a substitution of materials o Assist City with responses to RFIs and other contractor questions related to the design work
o Assist City with change orders related to design work and review change order requests.
o Site visits if necessary
o Prepare “as-built” plans using contractor markups from the field. As-built plans will not be developed using survey data.

15) Additional Construction Support Services (Optional) • The construction support services for the optional design is intended to allot additional time to perform the same construction support tasks but associated with the additional design tasks under scope item and #8 in this proposal.
• Under this scope item, Lane Engineers will provide up to an additional 115 hours of time to assist the City during construction for the concrete work on Conyer between Walnut and Tulare.

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FEES

1) Project Management ................................ ................................ ........................... $20,200

2) Geotechnical Report ................................ ................................ .......................... $11,100*

3) Utility Locating ................................ ................................ ................................ .....$2,900*

4) Topographic Survey & Background Map. ................................ ........................... $65,200*

5) Civil Plans, Specifications & Estimates (PS&E) ................................ ................. $163,800

6) PS&E for Ramps & Sidewalks from Walnut to Tulare................................ ........... $62,500

7) Traffic Signal Upgrade PS&E at Conyer & Main ................................ .................. $22,300

8) SCE Electrical Point of Service PS&E at Conyer & Walnut ................................ .... $6,500

9) Tulare to Main Right of Way Support ................................ ........................... NTE $22,000

10) Walnut to Tulare Right of Way Support................................ ........................ NTE $22,000

11) Monument Preservation ................................ ................................ ........................ $2,500

12) Bidding Services Assistance (Optional) ................................ .............. Hourly NTE $6,900

13) Additional Bidding Services Assistance Associated (Optional) ............ Hourly NTE $4,400

14) Construction Support Services (Optional) ................................ ......... Hourly NTE $21,800

15) Additional Construction Support Services Associated (Optional) ....... Hourly NTE $15,300

Total Maximum Fee Excluding Optional Services ................................ ...................... $401,000

Total Maximum Fee Including Optional Services ................................ ........................ $449,400

*Fee includes prevailing wage rates for field work as required by law and compliance reporting as required by Department of Industrial Relations.

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LANE ENGINEERS, INC.

Civil • Structural • Surveying
www.laneengineers.com
ww

Items Excluded:
• Marking and/or Potholing of underground utilities (unless specifically noted within scope of services)
• Set/establish property corner monuments.
• Record of Survey
• Traffic Control Plans for Construction in City of Visalia or Caltrans Right-of-Way • Encroachment Permitting with Caltrans
• Responding to or addressing comments from Caltrans
• Design of special structures
• Storm Water Pollution Prevention Plan (SWPPP)
• Dust Control Plan
• Traffic Impact Study
• Environmental Studies/reports
• Public Utility Plans
• Construction Surveying
• Agency Fees or application fees
• Any work not specifically noted in the scope of services

ADDITIONAL NOTES

1) The scope of professional services contained herein is based on a request for proposal (RFP) and subsequent meetings and call with the City of Visalia, and various information provided by City of Visalia staff.

2) We understand, based on a meeting with City of Visalia staff, that the limits of the design work being contemplated is fully within the right-of-way of the City of Visalia, and therefore encroachment permitting with Caltrans is excluded from the scope of this proposal.

3) All Drawings prepared by Lane Engineers, Inc. will be computer drafted using 2023 AutoCAD Civil 3D or later version (R2018.dwg format). Lane Engineers, Inc. drawings standards will be used.

4) The City of Visalia shall provide all available record improvement drawings of Conyer Street in the areas to be improved.

5) It is our understanding that the City of Visalia will prepare the portions of the project manual that are not mentioned in the scope of services, which include but are not limited to (cover page, table of contents, notice inviting bids, general provisions, miscellaneous forms, forms to be filled out by the bidding contractors).

6) CEQA processing will be completed by the City.

7) Fees for additional services, if required, will be based on the attached fee schedule.

204

CITY OF VISALIA RFQ NO. 24-25-29 FEE SCHEDULE
EFFECTIVE FOR 1 YEAR FROM CONTRACT EXECUTION DATE

COURT APPEARANCE, DEPOSITIONS AND EXPERT TESTIMONY

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

CIVIL ENGINEERING

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

LAND SURVEYING

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

STRUCTURAL ENGINEERING

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

SUPPORT SERVICES

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

REIMBURSABLES

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

Civil  Structural  Surveying
979 North Blackstone Street
P.O. Box 1059
Tulare, CA 93275-1059
Phone:
(559) 688-5263 / Fax: (559) 688-8893
205

TULARE AVE

IRIS AVE

HOWARD AVE

FEEMSTER AVE

PARADISE AVE

PRINCETON AVE

CAMBRIDGE AVE

VASSAR AVE

WALNUT AVE

CAPE SEAL(SHOWN IN RED)GRINDING & OVERLAY(SHOWN IN BLUE)

SIDEWALK INFILL WITHINSEGMENT OF CAPESEAL (EAST SIDE ONLY) ADDITIONAL - ADA COMPLIANTCURB RAMP DESIGN (TYP.)
EVALUATE EXIST. SIDEWALKWITHIN SEGMENT OF CAPESEAL (EAST SIDE ONLY)

MAIN ST

ACEQUIA AVE

MINERAL KING AVE

NOBLE AVE

KAWEAH AVE

MYRTLE AVE

MT WHITNEYHIGH SCHOOLCONYER ELEMENTARYSCHOOL
HIGHWAY 198
GRINDING & OVERLAY(SHOWN IN BLUE)GRINDING & OVERLAY(SHOWN IN BLUE)ADA COMPLIANT CURBRAMP DESIGN (TYP.)UPGRADE TRAFFIC SIGNALTO VIDEO DETECTION LEGENDCAPE SEAL REHABILITATION (±115,000 SF)GRINDING AND OVERLAY REHABILITATION (±172,200 SF)EVALUATE AND REDESIGN CURB RAMPS, ALLEY APPROACHES AND CITY DRIVEAPPROACHES (5 ALLEY APPROACHES, 3 CITY DRIVE APPROACHES & 26 CURB RAMPS)EVALUATE AND REDESIGN CURB RAMPS - ADDITIONAL ITEM (28 CURB RAMPS)

NORTHNORTH
J:\Proposals\2025\City of Visalia\P25-122 Conyer Street Rehabilitation\Dwg\SOW Exhibit.dwg10/3/2025 2:03 PM All reproduction & intellectual property rights reserved © 2025 Lane Project No:P25-122 LANE ENGINEERS, INC.CIVIL STRUCTURAL SURVEYING979 North Blackstone StreetTulare, California 93274559.688.5263www.laneengineers.comCONYER STREET

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EXHIBIT 'A'SCOPE OF WORK EXHIBIT
SCALE: 1" = 250'
206

TULARE AVEIRIS AVE

MAIN STACEQUIA AVE

MINERAL KING AVENOBLE AVEKAWEAH AVEMYRTLE AVE

HOWARD AVEFEEMSTER AVEPARADISE AVEPRINCETON AVECAMBRIDGE AVE VASSAR AVEWALNUT AVE

MT WHITNEYHIGH SCHOOLCONYER ELEMENTARYSCHOOL
HIGHWAY 198
All reproduction & intellectual property rights reserved © 2025Lane Project No:P25-122 LANE ENGINEERS, INC.CIVIL STRUCTURAL SURVEYING979 North Blackstone StreetTulare, California 93274559.688.5263www.laneengineers.com BORING LOCATIONSNORTHNORTHSCALE: 1" = 500'

EXHIBIT 'B'BORING LOCATION EXHIBIT

CONYER STREET
207

TULARE AVE

IRIS AVE

HOWARD AVE

FEEMSTER AVE

PARADISE AVE

PRINCETON AVE

CAMBRIDGE AVE

VASSAR AVE

WALNUT AVE

LIMITS OF TOPOGRAPHICSURVEY (SHOWN IN YELLOW)LIMITS OF TOPOGRAPHICSURVEY (SHOWN IN YELLOW)

MAIN ST

ACEQUIA AVE

MINERAL KING AVE

NOBLE AVE

KAWEAH AVE

MYRTLE AVE

MT WHITNEYHIGH SCHOOLCONYER ELEMENTARYSCHOOLLIMITS OF TOPOGRAPHICSURVEY (SHOWN IN YELLOW)LIMITS OF TOPOGRAPHICSURVEY (SHOWN IN YELLOW) HIGHWAY 198NORTHNORTH
J:\Proposals\2025\City of Visalia\P25-122 Conyer Street Rehabilitation\Agreements\Base Contract\Proposal\TOPO LIMITS_JAL.dwg10/1/2025 4:01 PM All reproduction & intellectual property rights reserved © 2025 Lane Project No:P25-122 LANE ENGINEERS, INC.CIVIL STRUCTURAL SURVEYING979 North Blackstone StreetTulare, California 93274559.688.5263www.laneengineers.comEXHIBIT 'C'TOPOGRAPHIC SURVEY LIMITS

CONYER STREET

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SCALE: 1" = 250'
208

Conyer St. Rehabilitation Project
Personnel
Principal
Civil
Engineer
(Aaron Oliver
$245)
Civil
Engineer
(Jose Lemus
$180)
Assistant
Engineer I
(David Garcia
$130)
Principal
Land
Surveyor
(Ben Mullins
$231)
2-Man Survey Crew
(Dave Duffin &
Brant
Souza/Michael
Sanchez $345)
Surveyor III
(Dave Duffin
$160)
Survey Tech I
(Brant
Souza/Michael
Sanchez $122)
Preliminary
Title Report
CTL-
Krazan
Bedrock
Engineering
JLB Traffic
Engineering

SUB TASK

TOTAL TASK TOTAL
Project Management
Field Meeting with JLB 2.00 2.00 2.00 1,110.00$
Develop Schedule 2.00 4.00 1,210.00$
Kickoff Meeting with COV (Prepare & Minutes) 2.00 2.00 2.00 1,110.00$ General Coordination with City 2.00 12.00 4.00 3,170.00$ Coordination with VUSD 2.00 8.00 1,930.00$
Coordination with Cal Water 2.00 8.00 6.00 2,710.00$
Coordination with SCE, AT&T Etc. 2.00 8.00 6.00 2,710.00$ Overall Project Management 4.00 16.00 3,860.00$
Review City Documents (Plans, Specs, PROWAG) 2.00 6.00 6.00 2,350.00$ 20,160.00$
Geotechnical Report Lump Sum $11,100
Utility Locating at Conyer & Main Lump Sum 2,900.00$
Topographic Survey & Backround Map
Research Record Drawings 16.00 1,952.00$
Initial Monument Recon/Control/Bench loop 16.00 5,520.00$ Analyze and calculate R/Ws 24.00 5,544.00$
Topo Field Work 80.00 27,600.00$
Draft Topo (No paperspace) 24.00 112.00 17,504.00$
QA/QC Coordination 24.00 5,544.00
$
Utility Plats (Direct Cost) 1,500.00$
65,164.00$
Civil plans, Specifications & Estimates (PS&E)
Base Plan 2.00 20.00 36.00 8,770.00$
Phatch 8.00 18.00 3,780.00$
Sheet Set Manager 8.00 8.00 2,480.00$
Modify TIN Surface 1.00 12.00 16.00 4,485.00$
Demo Layers in Topo 12.00 24.00 5,280.00$
Title Block 2.00 2.00 620.00$
Evaluate exist. pavement, curb & gutter 4.00 6.00 6.00 2,840.00$ Civil Drawings -$
Coversheet 4.00 8.00 1,760.00$
COV General Notes 2.00 4.00 880.00$
Demolition Plan & Pavement Milling Plan 3.00 15.00 30.00 7,335.00$ Cape Seal Delineation & Dimension Plans 3.00 10.00 20.00 5,135.00$ Improvement Plans (Tulare to Main) -$
Evaluate and redesign 26 curb ramps 8.00 120.00 26.00 26,940.00$ Evaluate and redesign 5 alley approaches 3.00 20.00 10.00 5,635.00$ Evaluate and redesign 3 City drive approaches 2.00 11.00 6.00 3,250.00$ Pavement Overlay Plans 1.00 15.00 30.00 6,845.00$
2 Street X-Sections South of Tulare 1.00 8.00 4.00 2,205.00$ 2 Street X Sections North of Tulare 1.00 8.00 4.00 2,205.00$ Pavement Delineations & Signage Plans 2.00 32.00 56.00 13,530.00$ Project specific civil details 2.00 24.00 16.00 6,890.00$ City of Visalia Standard Details 1.00 4.00 8.00 2,005.00$

Page 1 ends

209

SUB TASK

TOTAL TASK TOTAL
Revisions and Resubmittals -$
30% QAQC 1.00 6.00 8.00 2,365.00$
30% Submittal 4.00 720.00$
30% Meeting 2.00 2.00 850.00$
30% Revise Per City Comments 1.00 8.00 8.00 2,725.00$
60% QAQC 4.00 8.00 16.00 4,500.00$
60% Submittal 2.00 360.00$
60% Meeting 2.00 2.00 850.00$
60% Revise Per City Comments 2.00 8.00 16.00 4,010.00$
90% QAQC 2.00 8.00 16.00 4,010.00$
90% Submittal 2.00 360.00$
90% Meeting 2.00 2.00 850.00$
90% Revise Per City Comments 2.00 8.00 16.00 4,010.00$
100% QAQC 1.00 4.00 8.00 2,005.00$
100% Submittal 2.00 360.00$
100% Meeting 1.00 2.00 605.00$
100% Revise Per City Comments 1.00 4.00 8.00 2,005.00$
Prepare Final PS&E 1.00 8.00 1,685.00$
Assemble City Std Specifications 1.00 4.00 8.00 2,005.00$ Prepare Special Provisions 1.00 18.00 8.00 4,525.00$
Estimate Quantities 1.00 8.00 16.00 3,765.00$
Prepare Bid Sheet 1.00 10.00 8.00 3,085.00$
Prepare Engineer's Estimate 1.00 8.00 1,685.00$
Coordination with JLB 3.00 16.00 3,615.00$
163,820.00$
PS&E for Ramps & Sidewalk from Walnut to Tulare
Add Sidewalk infill to Plans (includes evaluating & redesign exist. sidewalk) 4.00 24.00 24.00 8,420.00$
Evaluate and redesign curb ramps (28) 8.00 124.00 31.00 28,310.00$ Prepare Engineer's Estimate 1.00 8.00 1,685.00$
Additional QAQC Time 6.00 24.00 48.00 12,030.00$
Additional Time to Revise Per City Comments 6.00 24.00 48.00 12,030.00$ 62,475.00$
Traffic Signal Upgrade PS&E at Conyer & Main Lump Sum 22,300.00$ Electrical Point of Service PS&E at Conyer & Walnut Lump Sum 6,500.00$ Tulare to Main Right of Way Support 4.00 4.00 $633 Lump Sum 2,197.00 $ 21,970.00$
Walnut to Tulare Right of Way Support (Optional) 4.00 4.00 $633 Lump Sum 2,197.00 $ 21,970.00$

Page 2 ends

210

SUB TASK

TOTAL TASK TOTAL
Tulare to Main Monument Preservation 4.00 2.00 6.00 2,574.00$ 2,574.00$
Bidding Services Assistance (Optional)
Attend Pre-bid meeting 2.00 2.00 850.00$
Assist with answering questions & RFIs 1.00 8.00 4.00 2,205.00$ Prepare documents for bid addenda 1.50 8.00 4.00 2,327.50$ JLB Bidding Support Lump Sum 1,430.00$
6,812.50$
Additional Bidding Services Assistance (Optional)
Attend Pre-bid meeting 2.00 2.00 850.00$
Assist with answering questions & RFIs 1.00 6.00 4.00 1,845.00$ Prepare documents for bid addenda 1.00 5.00 4.00 1,665.00$ 4,360.00$
Construction Support Services
Attend Pre-construction Meeting 2.00 2.00 2.00 1,110.00$ Respond to RFIs 1.00 20.00 10.00 5,145.00$
Assist with Change Orders 1.00 20.00 10.00 5,145.00$
Site Visits (3 max) 2.00 6.00 6.00 2,350.00$
Review Submittals 4.00 24.00 10.00 6,600.00$
JLB Construction Support Lump Sum 1,430.00$
21,780.00$
Additional Construction Support Services (Optional) 2.00 2.00 2.00 1,110.00$ Respond to RFIs 1.00 14.00 10.00 4,065.00$
Assist with Change Orders 1.00 14.00 10.00 4,065.00$
Site Visits (3 max) 2.00 6.00 6.00 2,350.00$
Review Submittals 1.00 12.00 10.00 3,705.00$
15,295.00$
Total: 449,180.50$
Total Hours 134.50 906.00 737.00 60.00 98.00 38.00 128.00 Labor Hourly Rate 245.00 $ 180.00 $ 130.00 $ 231.00 $ 345.00 $ 160.00 $ 122.00 $

Page 3 ends

211

Professional Design Services for Conyer Street Road Rehabilitation Project

Page 1 of 10 ends

PROFESSIONAL SERVICES AGREEMENT

FOR

PROFESSIONAL DESIGN SERVICES FOR THE NW QUADRANT AT-GRADE RAILROAD CROSSING

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

W I T N E S S E T H

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

WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” identified in Exhibit “A,” submitted by CONSULTANT, and hereinafter referred to as the “PROJECT”; and

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

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT

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

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 “A” – Consultant Schedule of Fees . Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE

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

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

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

III. COMPENSATION
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A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, a total fixed fee amount of Four Hundred One Thousand, Dollars ($401,000) for all base services and a total fixed fee of Fourty Eight Thousand, Four Hundred Dollars ($48,400) for optional items as shown in Exhibit “A”. 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”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out -of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work and Project Fees identified in Exhibit “A”, respectively. No other compensation is authorized by this Agreement without separate written amendment.

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

IV. AUTHORIZED REPRESENTATIVE

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

B. CONSULTANT: Aaron Oliver shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.

V. TERMINATION

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

A. Termination By Either Party Without Cause : The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.

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

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

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

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

2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub -consultant, the CONSULTAN T shall not be liable for failure to perform, unless the services to be furnished by the sub -consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or o ther performance requirements.

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

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

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

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

VI. INTEREST OF OFFICIALS AND THE CONSULTANT

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

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

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

B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of ser vices 214

Professional Design Services for Conyer Street Road Rehabilitation Project

Page 4 of 10 ends

required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.

VII. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, PUBLIC WORKS

CONTRACTOR REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS

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

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

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

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

VIII. CITY OF VISALIA LABOR COMPLIANCE MANUAL

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

IX. NO PERSONNEL, AGENCY OR COMMISSION

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

X. SUBCONTRACTING

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

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

XI. INDEPENDENT CONTRACTOR

In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all pe rsons assisting the CONSULTANT in the performance of 215

Professional Design Services for Conyer Street Road Rehabilitation Project

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said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.

XII. SPECIFICATIONS

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

XIII. DOCUMENTS/DATA

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

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

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

Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.

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

XIV. INDEMNIFICATION AND INSURANCE

As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, 216

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alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above -required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the ind ividual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.

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

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

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

3. Terminate this Agreement.

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

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

XV. NON-DISCRIMINATION

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

XVI. MISCELLANEOUS PROVISIONS

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

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

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

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

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

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

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

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Lane Engineers, Inc.
979 N. Blackstone Street
Tulare, CA 93274
Attention: Aaron Oliver

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

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

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

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

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

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

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

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

CITY OF VISALIA CONSULTANT

________________________________ ________________________________ City Manager

Approved as to Form

________________________________
City Attorney

________________________________
Risk Manager

________________________________
Project Manager

Attachments:

Exhibit “A”: Scope of Work, Fees, and Schedule
Exhibit “B”: Contractor Affidavit
Exhibit “C”: Levine Act Statement

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CONTRACTOR AFFIDAVIT

I, declare under penalty of perjury
(Affidavit’s Name)

under the laws of the State of California and the provisions of the California Labor Code §1771,

§1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)

am responsible for the payment of persons employed by
(Company)

who performed work on the City of Visalia Project entitled

( R F B ) .

2. During all payroll periods from through ,
(first work date) (last work date)

All persons employed by on this project
( C o m p a n y )

have at all times been paid, at a minimum, the specified general prevailing rate of

per diem wages and any amounts due.

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

complied with.

Executed and sworn to this day of ,
(Day) (Month) (Year)

___________________________________ __________________ (Signature) (Date)
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CALIFORNIA LEVINE ACT STATEMENT

California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia 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:

Answering YES to the question above 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 Authorized Individual Date

_________________________________________________
Printed or Typed Name of Authorized Individual

_________________________________________________
Print or Type Name of Company
223
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0477 Agenda Date: 11/3/2025 Agenda #: 6.

Agenda Item Wording:

Appropriation of Homekey Round 3.0 Program Income - Authorize appropriation of $202,400 of Homekey Round 3.0 program income funds, in the 2025-2026 fiscal year capital budget for the Majestic Gardens project.

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

Department Recommendation: Staff recommends that Council appropriate $202,400 of Homekey Round 3.0 program income funds (333) in the 2025-2026 fiscal year capital budget, for the Majestic Gardens project (CP0516).

Summary:

On April 17, 2023, Council approved an application of Homekey Round 3 program for the development and operation of the Majestic Gardens project. On September 26, 2023, the City was notified of an award of Homekey Round 3.0 funds in the amount of $13,835,376 for the Majestic Gardens project. Of this grant amount, $5,720,000 was paid directly from the granting agency, into an escrow to purchase the Majestic Motel property. The remaining $8,115,376 was paid to the City in a lump sum, which has been held in a separate fund earning interest income until spent. As a result, as of October 2025, the Homekey Round 3.0 funds have generated $202,400 in program income. The Homekey program requires Homekey generated program income funds to be used for eligible Homekey program activities; therefore, staff is requesting all Homekey Round 3.0 program income funds to be awarded to the original Homekey project Majestic Gardens (CP0516).

Background Discussion:

Homekey is a statewide effort to sustain and rapidly expand housing for people experiencing homelessness or at risk of homelessness, administered by the California Department of Housing and Community Development Department (HCD). Homekey is an opportunity for state, regional, and local public entities to develop a broad range of housing types, including but not limited to hotels, motels, hostels, single-family homes and multifamily apartments, adult residential facilities, and manufactured housing, and to convert commercial properties and other existing buildings to permanent or interim housing for the target population.

On April 17, 2023, Council authorized staff to apply in conjunction with co-applicants RHCB Development LP and Visalia Homekey LP for Homekey Round 3.0 not to exceed $15 million to assist with the development and operation of the Majestic Gardens Project to convert the Majestic Motel into permanent supportive rental housing. On September 26, 2023, the City along with co-applicants RHCB Development LP and Visalia Homekey LP, were notified of an award of $13,835,376 in Homekey 3.0 funds for the acquisition, development, and operation of Majestic Gardens.

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The City of Visalia, RHCB Development LP, and Visalia Homekey LP, have been jointly awarded $13,835,376 in Homekey Round 3.0 funding for the conversion of the Majestic Motel into Permanent Supportive Housing (PSH). Of this grant amount, $5,720,000 was paid directly from the granting agency, into an escrow to purchase the Majestic Motel property. The remaining $8,115,376 was paid to the City in a lump sum, which has been held in a separate fund earning interest income until spent.

The City then made reimbursement payments to Visalia Homekey LP, as the project was completed.

The Homekey program requires Homekey generated program income funds to be used for eligible Homekey program activities; therefore, staff is requesting all Homekey Round 3.0 program income from interest earnings be awarded to the original Homekey project Majestic Gardens (CP0516) to support the operations of the project. At this time, staff is requesting Council’s authorization to appropriate $202,400 in Homekey 3.0 program income funds for the operation of the Majestic Gardens Project (CP0516), as shown below in Table 1: Homekey 3.0 (333) Program Income. *Any increase or decrease of the Homekey Round 3.0 program income will be an adjustment to the Majestic Garden (CP0516) project.

The Homekey Round 3.0 program income funds will be disbursed on a reimbursement basis per the City’s review and approval of eligible Homekey expenditures. While the City, RHCB Development LP, and Visalia Homekey LP are co-recipients of the Homekey Round 3.0 funding, all expenditures are reviewed by the City prior to disbursement of the Homekey funds to ensure compliance with all Homekey requirements. Eligible Homekey Round 3.0 expenditures will include any Majestic Gardens capital expenditures remaining from the completion of development, and operating expenditures which may include on-site security guards, on-site case management, rental subsidies, and/or replacement reserves.

Fiscal Impact: Approval of this item will appropriate the current balance of $202,400 in Homekey Round 3.0 program income funds to the Majestic Garden project (CP0516) for the Fiscal Year 2025- 2026. Any changes in the interest earnings of the fund +/- will be added to, or subtracted from, this amount to bring the final fund balance of the Homekey grant fund (333) to a zero balance. No General Fund money is included or requested for this project.

Prior Council Action: ● April 17, 2023 - Authorization to apply for Homekey Round 3.0 for the Visalia City Council Printed on 10/31/2025Page 2 of 3
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File #: 25-0477 Agenda Date: 11/3/2025 Agenda #: 6.
development and operation of the Majestic Gardens project. ● April 15, 2024 - Appropriation of awarded Homekey Round 3 funds.

Other: None
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that Council approve the appropriation of $202,400 of Homekey Round 3.0 program income funds (333) in the 2025-2026 fiscal year capital budget, for the Majestic Gardens project (CP0516).

Environmental Assessment Status: Completed
CEQA Review: N/A
Deadline for Action: 11/3/2025
Attachments: Attachment A: Homekey 3.0 Award Letter
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF STATE FINANCIAL ASSISTANCE
2020 W. El Camino Avenue, Suite 670
P.O. Box 952054
Sacramento, CA 94252-2054
(916) 263-2771
www.hcd.ca.gov
**CORRECTED LETTER**

December 8, 2023

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

Wayne Rutledge, Chief Executive Officer
RHCB Development LP
3040 North Fresno Street
Fresno, CA 93703
Wayne Rutledge, Chief Executive Officer
Visalia Homekey LP
3040 North Fresno Street
Fresno, CA 93703

Dear Leslie Caviglia and Wayne Rutledge:

RE:

Revised Award Announcement – Homekey Program
Notice of Funding Availability, Fiscal Year 2023/2024, Round 3 City of Visalia, RHCB Development LP, and Visalia Homekey LP – Majestic Gardens Contract No. 23-HK-17984

The California Department of Housing and Community Development (Department) is pleased to announce that the
City of Visalia, RHCB Development LP, and Visalia Homekey LP (Awardees) have been awarded a Homekey Round 3 revised award in the amount of $13,835,376.

This revision is to clarify the parties receiving the award of HK funds. This letter constitutes notice of the designation of Homekey funds for the Awardee, and fully replaces the letter originally issued.

The Award date remains September 26, 2023.

Awardees will be able to draw down funds when the Standard Agreement is fully executed, and any general and special conditions have been cleared in writing.

Your Ambassador will be in communication with you to develop the Standard Agreement and confirm any documents needed to execute this contract.

Congratulations on your successful application. For further information, please contact Connor Leahy, Homekey Program Manager, Program Design and Implementation Branch, at (916) 820-1207 or [email protected].

Sincerely,

Jennifer Seeger
Deputy Director
Division of State Financial Assistance
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0481 Agenda Date: 11/3/2025 Agenda #: 7.

Agenda Item Wording:

Ordinance Adoption - Second reading and adoption of Ordinance No. 2025-13 pertaining to the approval of Zoning Text Amendment No. 2025-03: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 5.8 contained in the City of Visalia 6th Cycle Housing Element of the General Plan. The regulations will apply Citywide to properties within the city limits of the City of Visalia. Environmental Status: The project is Categorically Exempt from the California Environmental Quality Act pursuant to Code of Regulations Section 15061(b)(3).

Prepared by:

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 the second reading of Ordinance No. 2025-13 for Zoning Text Amendment No. 2025-03, to establish and amend portions of Municipal Code Title 17 (Zoning Ordinance) pertaining to the implementation of Housing Element Implementation Program

5.8. Background Discussion:

The first reading of Ordinance No. 2025-13 for Zoning Text Amendment (ZTA) No. 2025-03, approved by the City Council on October 20, 2025, assists in implementing one program that was adopted with the 6th Cycle 2023-2031 Housing Element Update. Following the second reading and City Council adoption, Ordinance No. 2025-13 will go into effect 30 days following the November 3, 2025 meeting.

The proposed ZTA represents the second series of changes being undertaken to remove constraints to a variety of housing types and ensure compliance with State law. These municipal code updates have been initiated by City staff because they have been determined as necessary by the State Department of Housing and Community Development (HCD) in order for the City to comply with current State Housing Element law and mandates.

The amendments listed in the implementation program are:

A. Allow transitional and supportive housing by-right in the O-C (Office Conversion) zone.

B. Regarding emergency shelters, reduce development standards related to proximity to other emergency shelters, schools, and low barrier navigation centers to 300 feet, remove additional setback and perimeter wall requirements, and require only parking sufficient to meet the needs of facility employees but not more than what is required of residential or commercial uses in the same zone.

C. Allow accessory dwelling units (ADUs) by-right in all zones allowing residential uses, in compliance with State law. The City will defer to State ADU and Junior ADU law until a Visalia City Council Printed on 10/31/2025Page 1 of 3
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File #: 25-0481 Agenda Date: 11/3/2025 Agenda #: 7.
compliant ADU Ordinance is adopted.
a. Note: This amendment was previously completed through ZTA No. 2024-05, and therefore no further action is necessary.

D. Allow for at least two dwelling units per lot in all R-1 (Single-family Residential) zone districts (R-1-20, R-1-12.5, and R-1-5) consistent with Senate Bill 9. a. Note: This amendment was previously completed through ZTA No. 2024-03, and therefore no further action is necessary.

E. Provide streamlined ministerial review and a preliminary application process in compliance with Senate Bill 330 and Senate Bill 35.

F. Permit large residential care facilities with objectivity and certainty in all residential zones, subject only to the same requirements of residential uses of similar form in the same zones.

G. Adopt reduced parking standards for affordable multi-family developments and multi-family projects with small units (single-room occupancy, studio, and 1-bedroom units) of no more than one parking stall per unit.

H. Permit low barrier navigations centers by-right (without conditional use or other discretionary permit) in non-residential zones permitting residential uses.

I. Reduce lot size requirements in the R-M (Multi-family Residential), C (Commercial), C-MU (Commercial Mixed Use), and D-MU (Downtown Mixed Use) zone districts (no more than one acre in the C-MU zone district and no more than 20,000 square feet in the C and D-MU zone district) to remove constraints to multi-family housing development and promote affordability.

J. Provide a ministerial process for approving reasonable accommodation requests, including objective findings for approval, limited to decision-making criteria regarding fundamental alteration of zoning and land use and financial and administrative burden.

Fiscal Impact: None.

Prior Council Action:
· On October 20, 2025, the City Council introduced the first reading of Ordinance No. 2025-13, for the approval of Zone Text Amendment No. 2025-03. During the first reading, one public comment was received regarding concern for the reduction of lot sizes for residential zone districts[, and no revisions were made to the ordinance. · On December 18, 2023, the City Council voted to adopt the 6th Cycle 2023-2031 Housing Element.

Planning Commission Review and Action:

On September 22, 2025, the Planning Commission voted 4-1 to recommend approval of Zoning Text Amendment No. 2025-03 as presented by staff. No public comment was received regarding the proposed changes to the ordinance.

Alternatives: None.

Recommended Motion (and Alternative Motions if expected):

I move to approve the second reading and adopt Ordinance No. 2025-13 for Zone Text Amendment Visalia City Council Printed on 10/31/2025Page 2 of 3
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File #: 25-0481 Agenda Date: 11/3/2025 Agenda #: 7.

No. 2025-03.

Environmental Assessment Status: The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061(b)(3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendments, which largely pertain to expanding the scope of residential uses which are already allowed within the city, and are responding directly to requirements under State law, will not have a significant effect on the environment.

CEQA Review: A Notice of Exemption has been prepared for the project because Section 15061(b) (3) states that the project is exempted from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment.

Deadline for Action: 12/15/2025
Attachments:

1. Ordinance No. 2025-13 for Zoning Text Amendment No. 2025-03

2. City Council staff report from 1st Reading of Ordinance No. 2025-03, October 20, 2025 Visalia City Council Printed on 10/31/2025Page 3 of 3
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ORDINANCE 2025-13
ORDINANCE NO. 2025-13

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VISALIA APPROVING ZONING TEXT AMENDMENT NO. 2025-03,

A REQUEST BY THE CITY OF VISALIA TO AMEND VISALIA MUNICIPAL CODE TITLE 17 (ZONING ORDINANCE), AS TO IMPLEMENT PROGRAM 5.8 CONTAINED IN THE CITY OF VISALIA 6TH CYCLE HOUSING ELEMENT.

WHEREAS, as required by California law, the City of Visalia has prepared an update (i.e., 6 th Cycle Update) to its Housing Element to reflect the current Regional Housing Needs Allocation (RHNA) cycle of 2023-2031; and

WHEREAS, one implementation program (i.e. 5.8) required by the California Department of Housing and Community Development for the 6th Cycle Update of the Housing Element is to adopt various text amendments to the Visalia Zoning Ordinance to remove constraints to a variety of housing types and to ensure compliance with State law; and,

WHEREAS, the Planning Commission of the City of Visalia, after duly published notice, held a public hearing before said Commission on September 22, 2025; 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,

WHEREAS, the City Council of the City of Visalia , after duly published notice, held a public hearing before said City Council on October 20, 2025, and introduced said Ordinance for first reading on that date; and,

WHEREAS, the Planning Commission finds that the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) (common sense exemption), as the proposed 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 Section 15061(b)(3).

BE IT FURTHER RESOLVED that the City Council approves the proposed Zone Text Amendment 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 231
ORDINANCE 2025-13
welfare, or materially injurious to properties or improvements in the vicinity, as described by the following:

Housing Element Policy 1.8 - The City shall continue to provide assistance by and access to City Staff, in person, by phone, or by email, so as to encourage increased public awareness and understanding of the City’s housing regulations, including opportunities for by -right development, and standards as they pertain to new construction.

Housing Element Policy 5.1 - The City shall encourage the development of housing for elderly, persons with disabilities, large families, families with female heads of household, families and persons in need of emergency shelter, and farmworkers, where compatible with surrounding land uses and where site conditions and service capabilities permit. Sites considered especially appropriate for these uses are those accessible to day care and transit, case management, commercial, and medical services.

Housing Element Policy 5.3 - The City shall encourage and facilitate private sector development and support non -profit organizations in the development of affordable housing, including rental assistance housing to very low, low, and moderate -income special needs households through the use of development incentives. The City shall reduce or defer development review fees (as appropriate) to facilitate development of affordable housing for special needs groups.

Housing Element Policy 5.5 - The City shall facilitate and encourage the creation, by public or quasi -public agencies, of low -barrier emergency shelters, transitional housing, and permanent supportive housing in the community, and shall allow these uses as a by -right use in accordance with standards contained in its Zoning Ordinance.

Housing Element Policy 5.8 - The City shall work to remove governmental constraints to housing development.

2. That the Zone Text Amendment is consistent, where applicable, with potions of State law, including but not limited to Government Code Section 65000 et. seq.

3. The Zone Text Amendment will not have a negative impact on the City’s housing stock, as the amendment will aid the development of sites listed on the City’s sites inventory list for Visalia’s Regional Housing Needs Allocation.

4. That applying the proposed Zone Code standards to future housing and residential uses will encourage increased housing options, including but not limited to affordable housing, throughout the City, as endorsed through the City of Visalia 2023 -2031 Housing Element Update (6 th Cycle Housing Element Update). These standards are designed to promote and ensure compatibility with adjacent land uses.

5. That the project is exempt from further review under the California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) (common sense exemption) as the proposed 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 232
ORDINANCE 2025-13
residential development consistent with the land use designations and the respective density ranges specified in the Visalia General Plan Land Use Element.

NOW, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VISALIA, that Zoning Text Amendment No. 2025-03, is approved, as contained in Exhibit “A” of this Ordinance, in accordance with the terms of this resolution and under the provisions of Section 17.44.090 of the Ordinance Code of the City of Visalia.

Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstances, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivision, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Visalia hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

Construction. The City Council intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.

Effective Date. This Ordinance shall take effect thirty days after its adoption.

Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.

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ORDINANCE 2025-13
Ordinance No. 2025-13
EXHIBIT ‘A’

Section 1. Title 17, Zoning Ordinance, is hereby amended to read as follows , as specified by italics & underline for additions and strikeout for deletions.

Chapter 17.02 General Provisions
Article 4. Reasonable Accommodation.

17.02.250 Purpose.

This purpose of this chapter is to provide a procedure for individuals with disabilities to request reasonable accommodations in seeking equal access to housing under the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter “Acts”) in the application of zoning laws and other land use regulations, policies, practices, and procedures. This provision also establishes the criteria to be used when considering requests for reasonable accommodations.

17.02.260 Applicability.

A. A request for reasonable accommodation may be made by any individual with a disability, his/her/their representative, or a developer or provider of housing for individuals with disabilities, when a requirement of this zoning code or other City requirement, regulation, policy, or practice acts as a barrier to fair housing opportunities. This chapter is intended to apply to individuals with disabilities as “disability” is defined under the Acts.

B. A request for reasonable accommodation may include a modification or exception to the rules, standards, practices and procedures for the siting, development, use of housing or housing -related facilities, and any other land use requirements that would eliminate regulatory barriers and provide an individual with a disability equal opportunity to housing of his/her/their choice.

C. A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

D. A reasonable accommodation shall be a ministerial grant in compliance with this Chapter without the need for the approval of a variance, conditional use permit, special use permit or other exception process.

17.02.270 Procedure.

A. A request for reasonable accommodation shall be submitted on an application form provided by the Planning and Community Preservation Department or in the form of a letter to the Director of the Planning and Community Preservation Department. Any information identified by an applicant as confidential shall be 234
ORDINANCE 2025-13
retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection. The request for reasonable accommodation shall contain the following information:

1. The applicant’s name, address, and telephone number;

2. Address of the property for which the request is being made;

3. The current use of the property;

4. The basis for the claim that the individual is considered disabled under the Acts or that the housing which is the subject of the request will be used by an individual with a disability (protected health information including a specific diagnosis is not required to verify disability status);

5. The zoning code or land use provision, regulation, policy or procedure for which reasonable accommodation is being requested; and

6. Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B. If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (A) of this section for concurrent review with the application for discretionary approval.

C. A request for reasonable accommodation shall be reviewed by the Director of the Planning and Community Preservation Department or their designee, if no approval is sought other than the request for reasonable accommodation. The Director of the Planning and Community Preservation Department or their designee shall make a written determination within 30 days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

D. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.

17.02.280 Approval Findings.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following findings:

A. Whether the individual requesting the accommodation has a disability as defined under the Act or the housing which is the subject of the request will be used by an individual with a disability;
B. Whether the requested accommodation is necessary for the individual to have equal opportunity to use and enjoyment of the housing and housing -related services;
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ORDINANCE 2025-13
C. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City of Visalia; and D. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a City program or law, including but not limited to land use and zoning.

17.02.290 Iterative Process.

Prior to denying a request for reasonable accommodation, the Director shall offer to meet with the applicant to discuss whether there is an alternative accommodation that would meet the applicable findings. If a request for reasonable accommodation is heard by the Planning Commission instead of the Director and the request is denied, then the Director shall offer to meet with the applicant to discuss whether there is an alternative that could meet the applicable findings. After this meeting an applicant may decide to submit a revised request for reasonable accommodation.

17.02.300 Reviewing Authority.

A. Requests for reasonable accommodation shall be reviewed by the “reviewing authority,” as stated in Section 17. 02.270, using the criteria set forth in Section

17.02.310.

B. When the reviewing authority is the Director, then t he reviewing authority shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 17. 02.310. When the reviewing authority is the Planning Commission, then the written decision on a request for reasonable accommodation shall be issued following completion of the hearing for the discretionary land use application.

C. If necessary to reach a determination on the request for reasonable accommodation, the reviewing authority may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the thirty (30) day period to issue a decision is stayed until the applicant responds to the request.

17.02.310 Appeals.

A. Only an aggrieved applicant and abutting property owners who receive notice of the reasonable accommodation determination have a right to appeal the decision. An appeal to the Planning Commission must be filed within ten (10) calendar days after notification of the decision . An appeal shall be made in the same manner, and subject to the same fee as appeals under Section 17.28.050 for appeals to Planning Commission of decisions by the Director, and in the same manner as appeals to City Council under Section 17.02.145, of decisions by the Planning Commission. The appeal shall be in writing and shall specify the 236
ORDINANCE 2025-13
reasons for the appeal and the grounds asserted for relief. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review the action against which the complaint is made shall be deemed to have been waived.

B. The Planning Commission or City Council shall review de novo the entire proceeding or proceedings relating to the decision and may make any order it deems just and equitable, including the approval of the application. Any hearing may be continued from time to time.

C. At the conclusion of the hearing, the hearing body shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof shall be provided to the appellant and the project applicant.

Chapter 17.04 Definitions
"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. For purposes of this definition, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
“Residential care facility, large" means a community care facility licensed for the 24 - hour care of 7 or more persons requiring personal services, supervision, protection, or assistance with daily tasks pursuant to the California Health and Safety Code Section 1500 et seq. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This definition does not include a rest home, sanatorium, boardinghouse, or lodging house.
“Residential care facility, small" means a licensed community care facility for the 24- hour care of 6 or fewer persons requiring personal services, supervision, protection, or assistance with daily tasks pursuant to the California Health and Safety Code Section 1500 et seq. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This definition does not include a rest home, sanatorium, boardinghouse, or lodging house.

Section 17.08.040 Conditional uses.

N. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family ; Large residential care facility subject to the provisions in Section 17.32.145.

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ORDINANCE 2025-13
Section 17.10.040 Conditional uses.

E. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family; Large residential care facility subject to the provisions in Section 17.32.145.

Section 17.12.040 Conditional uses.

N. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family; Large residential care facility subject to the provisions in Section 17.32.145.

Section 17.16.040 Conditional uses.

L. Twenty-four (24) hour residential care facilities or foster homes for more than six individuals in addition to the residing family; Large residential care facility subject to the provisions in Section 17.32.145.

17.16.050 Site area and configuration.

A. The division of (R-M) multi-family residential property less than two (2) acres shall be approved as part of a conditional use permit. The minimum site area shall be six thousand (6,000) square feet, unless the site is created as part of a planned development or is part of a development containing new one -family dwelling units in accordance with item O of Section 17.16.040.

17.18.060 Development standards in the C-N zone.

The following development standards shall apply to property located in the C-N zone:

A. Minimum site area: five (5) acres twenty thousand (20,000) square feet.

17.18.070 Development standards in the C-R zone.

The following development standards shall apply to property located in the C-R zone:

A. Minimum site area: five (5) acres twenty thousand (20,000) square feet.

17.19.060 Development standards in the C -MU zones outside the downtown area.

The following development standards shall apply to property located in the C -MU zone and located outside the Downtown Area, which is defined as the area that is south of Murray Avenue, west of Ben Maddox Way, north of Mineral King Avenue, and east of Conyer Street:

A. Minimum site area: five (5) acres one (1) acre.
238
ORDINANCE 2025-13
Section 17.25.030 Commercial, Office, and Industrial Zone Use Table D. [Table 17.25.030, Commercial, Mixed Use, Office, and Industrial Zones Use Matrix]
RESIDENTIAL (see also Residential Zones)
Group/Foster Homes,
Licensed – 1 - 6 individuals in
addition to residing family
Residential Care Facility,
Small

C C C C C C C C C C

Group/Foster Homes,
Licensed – more than 6
individuals in addition to
residing family Residential
Care Facility, Large

C C C C C C C C C C

17.32.145
Low Barrier Navigation
Centers
P
*/
C
P
*/
C
P
*/
C
P*
/C
P*
/C
P*
/C
P*
/C
P
*/
C
P
*
/
C
P
*/
C

17.32.135
*If meeting
criteria stated
in Cal. GC
Sections
65660 -
65668
Transitional Housing and
Supportive Housing as those
terms are defined in City
Ordinance Section 17.04.030
C C C P*
/C
P*
/C C P*
/C C C C
*If meeting
criteria stated
in Cal. GC
Sections
65650 -
65656

239
ORDINANCE 2025-13

17.32.130 Emergency shelters.

A. Applicability. The requirements of this section apply to all emergency shelters as defined in Chapter 17. 04. Furthermore, an emergency shelter may operate on a short - term basis provided that an operating schedule is included in the plan of operation.

B. Permits.

1. Emergency shelters are allowed as identified in the Zones Use Matrix included in Table 17.25.030. In accordance with State law, Government Code Section 65583, the zone where emergency shelters are allowed as a permitted use without a conditional use permit is the I -L (Light Industrial) zone. In addition, emergency shelters are a use requiring a conditional use permit in the QP quasi-public zone.

2. All emergency shelters are required to obtain a site plan review permit in accordance with Chapter 17.28 and are subject to the development standards in subsections C. and D. of this section.

C. Site development standards. The following standards are applicable to any permitted by right or conditionally allowed emergency shelter.

1. An emergency shelter may not be located closer than one thousand (1,000) three hundred (300) feet to a school (a school is herein defined as an existing or planned public or parochial elementary school, middle school, high school, or licensed day care facility) or another emergency shelter or low barrier navigation center.

2. An emergency shelter may not be located closer than twenty -five (25) feet to the front property line of any existing dwelling unit.

3. An emergency shelter shall incorporate a seven (7) foot height perimeter wall constructed of concrete block, brick or stucco if the shelter is adjacent to any dwelling units. The perimeter wall is only required on sides abutting residential uses.

D. Standards for permitted by -right uses. The standards in this subsection must apply to any emergency shelter that is a use permitted by right. These standards shall be used as guidelines for any emergency shelter that is a use conditionally allowed in other zones, wherein a deviation from any such standard may be requested and considered as part of an application for conditional use permit.

1. Beds. The maximum number of beds for an emergency shelter as a use permitted by right is one hundred (100).

2. Parking. One (1) vehicle parking space shall be provided per ten (10) beds and one (1) parking space shall be provided per employee. Up to five (5) visitor spaces shall be provided for service providers based on the actual need as determined by the city.

The City Planner has the authority to require an extra one (1) vehicle parking space per ten (10) beds for emergency shelters established in response to a natural or man -made disaster. A covered and secured area for bicycle parking shall be provided for use by staff and clients. commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.
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ORDINANCE 2025-13

3. Lighting. Adequate lighting shall be provided in all parking, pedestrian paths, and intake areas, and shall be shielded and directed away from adjacent properties.

4. Management/Security. Support staff and/or security must be present during the hours of operation. Facilities must maintain with the City a written plan of operation to be approved by the City Planner in consultation with the Police Department and Neighborhood Preservation Division and to be complied with at all times. The management shall address, at a minimum:
a. Patron access requirements.
b. Hours of operation.
c. Operating schedule if intended to operate as a short-term shelter. d. Security measures.
e. Litter removal.
f. On-site management.
g. Staff training.
h. Property maintenance.
i. Neighborhood relations and communication.
j. Noise attenuation.
k. Pet occupancy, if applicable.

5. Length of Stay. The maximum length of stay per individual shall be no longer than six (6) months in a consecutive twelve (12) month period. Days of stay need not be consecutive.

6. Pets. If an emergency shelter chooses to allow pets, they may be unleashed inside only if they are inside a private unit or may be outside within cages or in a protected area. No limit shall be placed on the number of pets that can be maintained.

7. Intake/Waiting Areas. On -site waiting and intake areas shall be enclosed or screened from the public right -of-way and adiacent adjacent properties. Queuing of clients shall not be permitted outside of approved waiting and intake areas.

8. Outdoor Activity. An emergency shelter shall designate at least five (5) percent of the site to open or outdoor recreational space, located outside of any required front or street side landscape setback area or parking field. Outdoor activity shall be allowed only during the hours of 7:00 a.m. to 10:00 p.m. (Ord. 2022-06 (part), 2022)

17.32.145 Large residential care facilities.

A. Purpose. The purpose of this Section is to clarify procedures for the establishment or construction of large residential care facilities for the care of seven or more persons, pursuant to the California Community Care Facilities Act. See California Health and Safety Code Section 1500 et seq.).
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ORDINANCE 2025-13
B. Conditional Use Permit. A conditional use permit is required to operate a large residential care facility.

C. Development Standards. Large residential care facilities shall be subject to the same objective development standards required of multifamily dwelling units in the applicable zone. In addition, large residential care facilities shall comply with the following requirements or guidelines:

1. Locational Criteria. Large residential care facilities shall be reviewed in light of the following factors in determining an appropriate location for such facilities:
a. One - half mile proximity to public transit facilities (fixed routes and bus or transit stops) or the provision of transportation for residents. b. Residential care homes shall not be located within 300 feet of industrial facilities or the industrial zone (I).
c. The minimum distance between large residential care facilities, measured from the site boundaries, shall not be less than 300 feet.

2. Open Space. Open space for outdoor recreation shall be provided at a ratio of 100 square feet for each resident.

3. Unit Size.
a. Single Occupancy. The minimum floor area for sleeping rooms shall not be less than 100 square feet in rooms intended for a single occupancy. b. Multiple Occupancy. The minimum floor area for sleeping rooms shall not be less than 80 square feet per person in rooms intended for multiple occupancy.

17.32.147 Small residential care facilities.

Small residential care facilities shall be subject only to City standards that apply to other residential uses of the same type in the respective zone (e.g. single-family detached, accessory dwelling unit).

17.34.020 Schedule of off-street parking space requirements.

A. Residential.

1. Single-family dwelling: two parking spaces (one covered) per unit;

2. Multi-family dwelling: 1.5 parking spaces per dwelling unit for all multi -family developments with the following exceptions:
a. One parking space per dwelling unit for senior citizen housing developments.

Senior citizen means a person of fifty -five (55) years of age or older. Senior citizen housing development shall be defined as a multi -family project wherein the units are made available solely to senior citizens,
b. Planning Commission shall have the authority to require an additional .25 parking spaces per dwelling unit for guest parking spaces under the following circumstances:
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ORDINANCE 2025-13
i. Should on-street parking not be available to provide a minimum of .25 spaces per unit;
ii. Within developments that include more than fifty (50) percent of the units as three or four bedroom units.
iii. The multi-family unit is not deemed as affordable housing and is not a single-room occupancy, studio, or one-bedroom units.
c. In cases where multi -family developments do not require planning commission review, the site plan review staff shall have similar authority as described above. d. One parking space per dwelling unit for multi-family developments deemed as affordable housing and multi-family units which are single-room occupancy, studio, or one-bedroom units.

3. Boarding houses, private clubs providing sleeping accommodations: one covered parking space for each bedroom or one parking space for each one hundred fifty (150) square feet of sleeping area, whichever is greater.

4. Motels, hotels. One parking space for each guest room.

5. Single-room occupancy (SRO) housing: One space for each employee onsite on the highest shift per unit.

Further, there shall be one parking space for each two employees per shift regularly employed by the motel, or any independent business located within the motel structure.

If the motel provides an area for the consumption of food or beverages or provides meeting or assembly halls the following requirements must be met.

Number of Motel Rooms Parking Requirements
3-10 One parking space for each 100 square feet of area used for the consumption of food or beverages and one
parking space for each 35 square feet of meeting or
assembly hall space.
11-40 One parking space for every 200 square feet of area used for the consumption of food or beverages and one
parking space for each 70 square feet of meeting hall or assembly hall space.
41-75 One parking space for each 300 square feet of area designated for the consumption of food or beverages and one parking space for each 150 square feet of meeting or assembly hall space.
76 or more One parking space for each 400 square feet of area set aside for the consumption of food or beverages and one
parking space for each 300 square feet of meeting or
assembly hall area.

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ORDINANCE 2025-13

6. Planned unit developments, condominiums: one covered parking space plus one uncovered guest parking space for each dwelling unit.

244
Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Legislation Details (With Text)
File #: Version: 125-0459
Status:Type: Public Hearing Item Agenda Ready
File created: In control:10/3/2025 Visalia City Council On agenda: Final action:10/20/2025
Title: Ordinance Adoption - Public hearing and first reading of an Ordinance to adopt Zoning Text Amendment No. 2025-03: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 5.8 contained in the City of Visalia 6th Cycle Housing Element of the General Plan. The regulations will apply Citywide to properties within the city limits of the City of Visalia.

Sponsors:

Indexes:

Code sections:

Attachments: 1. Attachment 1 - Ordinance No. 2025-13 for ZTA 2025-03, 2. Attachment 2 - City of Visalia SB 330 Application Draft, 3. Attachment 3 - CIty Of Visalia SB 423 - SB 35 Application Draft, 4. Attachment 4 - Full Text of Senate Bill 330, 5. Attachment 5 - Full Text of Senate Bill 35 Action ByDate Action ResultVer.

Agenda Item Wording:

Ordinance Adoption - Public hearing and first reading of an Ordinance to adopt Zoning Text Amendment No. 2025-03: A request by the City of Visalia to amend Visalia Municipal Code Title 17 (Zoning Ordinance), as to implement Program 5.8 contained in the City of Visalia 6th Cycle Housing Element of the General Plan. The regulations will apply Citywide to properties within the city limits of the City of Visalia.

Prepared by:

Brandon Smith, Principal Planner, [email protected] <mailto:[email protected]>, (559) 713-4636;
Paul Bernal, Planning and Community Preservation Director, [email protected] <mailto:[email protected]>, (559) 713-4025
Department Recommendation:

Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2025-13, to amend portions of Municipal Code Title 17 (Zoning Ordinance) as to implement Program 5.8 contained in the City of Visalia 6th cycle 2023-2031 Housing Element pertaining to updating the Municipal Code.

Executive Summary:

Zoning Text Amendment (ZTA) No. 2025-03 is a city-initiated request to implement Zoning Ordinance text amendments that stem from the adoption of the 6th cycle 2023-2031 Housing Element Update.

The Housing Element was adopted by the City Council on December 18, 2023, and subsequently found by State Housing and Community Development (HCD) to be in full compliance with state Housing Element law. Following adoption, the Housing Element is implemented through a series of Visalia City Council Printed on 10/20/2025Page 1 of 12
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implementation programs.

The proposed ZTA represents the second series of changes being undertaken to remove constraints to a variety of housing types and ensure compliance with State law. Specifically, this ZTA responds to implementation program 5.8 that the Element identified to be completed by December 31, 2025, with Items B and H being discussed with the City Council and Planning Commission at the August 19, 2025, joint meeting. The amendments listed in the implementation program are:

A. Allow transitional and supportive housing by-right in the O-C (Office Conversion) zone.

C. Allow accessory dwelling units (ADUs) by-right in all zones allowing residential uses, in compliance with State law. The City will defer to State ADU and Junior ADU law until a compliant ADU Ordinance is adopted.
o Note: This amendment was required to be completed immediately upon Housing Element adoption, and therefore was previously completed through ZTA No. 2024-05.

D. Allow for at least two dwelling units per lot in all R-1 (Single-family Residential) zones (R-1-20, R-1-12.5, and R-1-5) consistent with SB 9.
o Note: This amendment was incorporated into the ADU Ordinance which was previously completed through ZTA No. 2024-03.

E. Provide streamlined ministerial review and a preliminary application process in compliance with SB 330 and SB 35. Copies of these two bills are provided as Exhibits “C” and “D”.

F. Permit large residential care facilities with objectivity and certainty in all residential zones, subject only to the same requirements of residential uses of similar form in the same zones.

H. Permit low barrier navigations centers by-right (without conditional use or other discretionary permit) in non-residential zones permitting residential uses.

I. Reduce lot size requirements in the R-M (Multi-family Residential), C (Commercial), C-MU (Commercial Mixed Use), and D-MU (Downtown Mixed Use) zones (no more than one acre in the C-MU zone and no more than 20,000 square feet in the C and D-MU zones) to remove constraints to multi-family housing development and promote affordability.

The amendments being completed under this program are all being done only for the purpose of bringing the City’sOrdinance into compliance with State law. These amendments do not implement changes that are in any way more restrictive or relaxed than existing State law and do not go above and beyond State law. Additionally, the City Council will need to adopt these changes or face penalties if the state determines that the City is not making changes to bring its Ordinance(s) into compliance with State law, including the risk of having the City’s Housing Element fall out of Visalia City Council Printed on 10/20/2025Page 2 of 12
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compliance, and losing the ability for future housing grant opportunities.

Background Discussion:

Implementation program 5.8 is a list of updates which have a requirement to be completed within two years of the Housing Element adoption. Additional ZTAs to implement remaining implementation programs for more complex updates to the Zoning Ordinance will be implemented prior to the end of 2025, and roughly each year through 2031 through one or more separate ZTA processes in each year. Each ZTA allows for the code changes to be vetted publicly through the public hearing process.

The entire Housing Element can be accessed at the following link:
<https://www.housevisalia.com/images/docs/VHEGP_HE_Compliant_2024-09-25.pdf> Project Analysis: Following are further explanations of the proposed municipal code amendments, along with staff recommendations and a summary of the specific changes to the Zoning Ordinance.

A. Allow transitional and supportive housing by-right in the O-C (Office Commercial) zone.

State law requires local jurisdictions to permit transitional and supportive housing as a residential use in all multi-family and mixed-use zones where residential uses are allowed and are not subject to any restrictions not imposed on similar residential dwellings (i.e., single-family, multi- family) of the same type in the same zone. The City of Visalia is in compliance with State law, allowing transitional and supportive housing where other residential uses are allowed with no additional restrictions not imposed on similar residential dwellings, except in the O-C zone where transitional and supportive housing requires a Conditional Use Permit but allows residential units as a mixed-use in an existing building containing one or more commercial or office uses by-right.

As a result, Implementation Program 5.8 commits the City to amend its Zoning Ordinance to allow transitional and supportive housing by-right in the O-C zone.

Staff recommendation: Staff recommends the amendment as described in the Housing Element.

Recommended Changes to Zoning Ordinance:
· Chapter 17.25: Uses In the Commercial, Mixed Use, Office, and Industrial Zones will be amended as follows:
o Transitional housing and Supportive housing will be listed as permitted by-right, if meeting State law regarding the definition of Transitional and Supportive Housing (Government Code Sections 65650 - 65656)
B. Update to Emergency shelters provisions as contained in Title 17 (Zoning), related to the following:
· Reduce development standards related to proximity to other emergency shelters, schools, and low barrier navigation centers to 300 feet, · Remove additional setback and perimeter wall requirements, and · Require only parking sufficient to meet the needs of facility employees but not more than what is required of residential or commercial uses in the same zone.

State law, as amended per Assembly Bill (AB) 2339 in 2022, places new requirements on the regulation of emergency shelters and limits the types of standards that shelters shall be subject to. Although the City of Visalia created performance standards for emergency shelters, which were adopted by ZTA No. 2021-07 on April 18, 2022, in response to an implementation program of a prior cycle (i.e. 5th cycle) of the Housing Element, the new law under AB 2339 limits the types of standards that emergency shelters shall be subject to. This means that certain performance standards from the 2022 Zoning Text Amendment must be revised or removed. The specific standards to be changed are listed in Implementation Program 5.8 as well as Implementation Visalia City Council Printed on 10/20/2025Page 3 of 12
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standards to be changed are listed in Implementation Program 5.8 as well as Implementation Program 5.2 for Emergency Shelters. The performance standards to be revised were discussed at the Joint City Council / Planning Commission Work Session held on August 19, 2025.

Note: Implementation Program 5.2 further requires the City to identify one or more zones where emergency shelters are allowed as a permitted use without a conditional use permit. This topic was also discussed at the Joint Work Session held on August 19, 2025, and will be processed as a separate Zone Text Amendment before the end of 2025.

Staff recommendation: Staff recommends the amendments to proximity, setback / wall requirements, and parking, as described in Implementation Programs 5.2 and 5.8 of the Housing Element. Staff further recommends the amendment to the definition of emergency shelter as described in Implementation Program 5.2.

Recommended Changes to Zoning Ordinance:
· Chapter 17.04: Definitions; Section 17.04.030: Definitions o Revise definition for Emergency shelter to include the following: For purposes of this definition, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
· Chapter 17.32: Special Provisions; Section 17.32.130: Emergency Shelters o Amend parking standards in Section 17.32.130(D)(2) to require only the number of parking spaces sufficient for all staff working in the facility and no more than what is required of residential and commercial uses in the same zone. (Compliance with GC §65583(a)(4)(B)(ii)) The code will be changed to require one (1) vehicle parking space per employee.

Bicycle parking provisions would remain unchanged, reading as follows:

A covered and secured area for bicycle parking shall be provided for use by staff and clients. commensurate with demonstrated need, but no less than a minimum of eight (8) bike parking spaces.
o Amend Section 17.32.130(C)(1) and (C)(2) to reduce the minimum proximity to other emergency shelters, schools, or low barrier navigation centers from 1,000 feet to 300 feet in compliance with GC §65583(a)(4)(B)(v). The site development standard regarding distances from a front property line of any existing dwelling unit will also be removed.
o Amend Section 17.32.130(C)(3) to remove the requirement that shelters incorporate a seven-foot perimeter wall on any sides abutting residential uses in compliance with GC §65583(a)(4)(B), since this requirement is not on the list of allowable objective standards that local governments can impose. The entire section will be removed.

This amendment was required to be completed immediately upon Housing Element adoption, and therefore was previously completed through Zoning Text Amendment No. 2024-05. Therefore, no Visalia City Council Printed on 10/20/2025Page 4 of 12
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further updates or changes are necessary.

D. Allow for at least two dwelling units per lot in all R-1 (Single-family Residential) zones (R-1-20, R-1-12.5, and R-1-5) consistent with SB 9.

This amendment was previously completed through Zoning Text Amendment No. 2024-03 associated with the adoption of an Accessory Dwelling Unit Ordinance in compliance with State law. Specifically, Section 17.12.060, pertaining to the allowed number of dwelling units per site in the R-1 zone designation, was amended to read as follows:

In the R-1 single-family residential zone, not more than one dwelling unit shall be located on each site notwithstanding Chapter 17.14 pertaining to accessory dwelling units, and notwithstanding California Government Code Section 65852.21(a) which allows two residential units on a site.

ZTA No. 2024-03 furthermore removed the conditional use permit requirement for duplexes on corner lots, since the change to State law from SB 9 allows a duplex by right.

Therefore, no further updates or changes are necessary.

E. Provide streamlined ministerial review and a preliminary application process in compliance with Senate Bill 330 and Senate Bill 35.

Senate Bill 330
In 2019, Senate Bill (SB) 330, the Housing Crisis Act of 2019, was signed into law, with a sunset date of January 1, 2025. Senate Bill 8, signed in 2021, extended SB 330's sunset date to January 1, 2030. The Act amends existing State laws and creates new regulations around the production, preservation and planning of housing. The goal of SB 330 is to create certainty in the development of housing projects, speeding up the review of projects, preserving affordable housing and preventing certain zoning actions that reduce the availability of housing.

SB 330 creates a new vesting process for discretionary housing projects. It achieves this through the creation of a new “preliminary application” process that establishes a new date for the purpose of locking projects into the ordinances, policies, and standards in effect when a preliminary application (including all required information) is submitted and deemed complete by the local jurisdiction. This vesting process does not apply to California Environmental Quality Act (CEQA) determinations, including historic resource determinations pursuant to CEQA.

Senate Bill 35
In 2017, Senate Bill 35 was signed into law, with a sunset date of January 1, 2026. Senate Bill 423, signed in 2023, extended SB 35’ssunset date to January 1, 2036. This bill assists with streamlining ministerial approval processes applicable to local jurisdictions that have failed to issue building permits for its share of regional housing need by income category. Due to the City of Visalia’s insufficient progress toward lower income RHNA categories, it is subject to the streamlined ministerial approval process as defined in SB 35 for proposed multi-family developments with at least 50% affordability. The bill requires that qualifying multi-family housing developments on qualifying sites be approved as a ministerial action (i.e., no public hearings), regardless of the number of units, and without CEQA review. If a project is submitted and is following the parameters of SB 35, the City of Visalia must approve the project, subject to the ministerial process, within 90 to 180 days, depending on the number of units in the housing development.

At the time of Housing Element review, the City of Visalia was out of compliance since it did not have any described ministerial approval process or “preliminaryapplication”process pertaining to Visalia City Council Printed on 10/20/2025Page 5 of 12
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have any described ministerial approval process or “preliminaryapplication”process pertaining to either SB 330 or SB 35. As a result, Program 5.8 commits the City to establish a ministerial process to streamline the design and approval of by-right multi-family units in compliance with SB 330 and create a new preliminary application process that establishes a date for the purposes of locking projects into the ordinances, policies, and standards in effect when a preliminary application is submitted and deemed complete.

In response, staff has prepared separate SB 330 and SB 35 preliminary draft applications, which also outline the City’sapproval process for ministerial development under these bills. In regards to SB 35, this application identifies all of the eligibility requirements that a project must meet in order to qualify under this State provision. Copies of the draft preliminary applications are included as Exhibits “A”and “B”. These materials will be made available to the public via the City’swebsite once they are finalized. No changes to the Zoning Ordinance are necessary in coordination with this effort.

Note: Since SB 35 streamlines the development of multi-family projects regardless of the number of units, the City plans to prepare and adopt objective design standards (ODS) for multi-family development. The adoption of multi-family ODS is further called out as an objective in Housing Element Implementation Programs 1.3 and 3.2 to assist with streamlining the construction of multi -family residential development, and must be completed in 2026.

F. Permit large residential care facilities with objectivity and certainty in all residential zones, subject only to the same requirements of residential uses of similar form in the same zones.

State law requires residential care facilities with six or fewer persons to be allowed by-right in all residential zones. The City of Visalia allows residential care facilities with six or fewer persons by- right in the following zones: A (Agriculture), OS (Open Space), R-1-20, R-1-12.5, R-1-5, R-M-2, and R-M-3, in compliance with State law. In commercial, mixed-use, office and industrial zones, a conditional use permit is required for residential care facilities with six or fewer persons.

Large residential care facilities (facilities with seven or more persons) are allowed with a conditional use permit in all residential, commercial, office, mixed-use, and industrial zones.

Review of the City’s Housing Element determined that the use permit requirements ]are a potential constraint to the development of large residential care facilities in residential zones. As a result, Implementation Program 5.8 commits the City to amending its Zoning Ordinance to permit large residential care facilities with objectivity and certainty in all residential zones, subject only to the same requirements of residential uses of similar form in the same zones.

Staff recommendation: Currently the Zoning Ordinance does not provide a definition or any performance standards for residential care facilities, and the use of terminology to describe such facilities is inconsistent (for example, group home and foster home are interchangeable with residential care facility). Therefore, staff recommends adding a new definition for residential care facility with references to the State Health and Safety Code (Section 1500 et seq.), and differentiating “small”as for six or less persons and “large”as for more than six. Performance standards would be added to provide objectivity to ensure that such uses, while still subject to the conditional use permit process, would be streamlined.

The recommended requirements for large residential care facilities are as follows:
· Locational Criteria.
o Within one-half mile proximity to public transit facilities (fixed routes and bus or transit Visalia City Council Printed on 10/20/2025Page 6 of 12
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o Within one-half mile proximity to public transit facilities (fixed routes and bus or transit stops), or the provision of transportation for residents. o Not allowed within 300 feet of industrial facilities or the industrial zone (I). o Maintain a minimum 300-foot distance between large residential care facilities. · Open Space. Open space for outdoor recreation shall be provided at a ratio of 100 square feet for each resident.
· Unit Size.
o Single Occupancy. The minimum floor area for sleeping rooms shall not be less than 100 square feet in rooms intended for a single occupancy. o Multiple Occupancy. The minimum floor area for sleeping rooms shall not be less than 80 square feet per person in rooms intended for multiple occupancy.

Recommended Changes to Zoning Ordinance:
· Chapter 17.04: Definitions; Section 17.04.030: Definitions o Add new definitions for Residential care facility, large and Residential care facility, small. The definitions for this use are as follows:
“Residentialcare facility, large" means a community care facility licensed for the 24- hour care of 7 or more persons requiring personal services, supervision, protection, or assistance with daily tasks pursuant to the California Health and Safety Code Section 1500 et seq. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This definition does not include a rest home, sanatorium, boardinghouse, or lodging house.
“Residentialcare facility, small" means a licensed community care facility for the 24- hour care of 6 or fewer persons requiring personal services, supervision, protection, or assistance with daily tasks pursuant to the California Health and Safety Code Section 1500 et seq. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This definition does not include a rest home, sanatorium, boardinghouse, or lodging house.
· Chapters 17.08: Agriculture Zone, 17.10: Open Space Zone, 17.12 Single-family Residential zone, 17.16 Multi-family zone
o Change use name from Twenty-four (24) hour residential care facilities or foster homes to Residential care facility.
· Chapter 17.25: Uses In the Commercial, Mixed Use, Office, and Industrial Zones o Change use name from Group/Foster Homes, Licensed - 1-6 and more than 6 individuals in addition to residing family to Residential Care Facility, Small and Large · Chapter 17.32: Special Provisions; New Sections 17.32.145: Large residential care facilities and 17.32.147 Small residential care facilities o Create new sections which establish the purpose and applicable development standards. Refer to Resolution No. 2025-31 for full content regarding this new section.

G. Adopt reduced parking standards for affordable multi-family developments and multi- Visalia City Council Printed on 10/20/2025Page 7 of 12
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G. Adopt reduced parking standards for affordable multi-family developments and multi- family projects with small units (single-room occupancy, studio, and 1-bedroom units) of no more than one parking stall per unit.

In accordance with State law, the Housing Element contains an analysis on governmental constraints toward the production of housing for all income levels. Since off-street parking often requires large amounts of land, parking requirements have potential to negatively impact the development of affordable housing and increase the cost of development, limiting the funds available for providing housing.

The Municipal Code requires 1.5 spaces per multi-family dwelling, and does not specify any reductions in parking spaces for affordable housing projects. This may be viewed as a constraint to the development of smaller, more affordable, multi-family housing types (single-room occupancy, studio, and 1-bedroom units).

Therefore, Program 5.8 commits the City to adopting reduced parking standards for affordable multi-family developments and multi-family projects with small units (single-room occupancy, studio, and 1-bedroom units) of no more than one parking stall per unit.

Staff recommendation: Staff recommends the amendment to reduce parking requirements from

1.5 spaces per unit to 1 space per unit for affordable or small units (single-room occupancy, studio, or 1-bedroom units). The recommended changes include waiving staff’sor the Planning Commission’s authority to require additional guest parking spaces toward such units.

Recommended Changes to Zoning Ordinance:
· Chapter 17.34: Off-street parking and loading facilities; Section 17.34.020: Schedule of off-street parking space requirements
o Reduce parking requirements from 1.5 spaces per dwelling unit to 1 space per unit for affordable or small units, and waive authority to require additional guest parking spaces.

H. Permit low barrier navigations centers by-right (without conditional use or other discretionary permit) in non-residential zones permitting residential uses.

A low barrier navigation center (LBNC) is defined as a service-enriched shelter providing temporary living facilities, with the low-barrier component allowing persons to be admitted as they are with as few entry restrictions as possible. In Visalia, for example, the winter season warming center which has been operated at 701 East Race Avenue utilized a “low barrier” approach to admitting persons. With the passage of Assembly Bill 101 in 2019, a LBNC shall be permitted by- right in mixed use zones and in non-residential zones where multi-family uses are permitted. This includes the two mixed zone districts in Visalia: Downtown Mixed Use and Commercial Mixed Use.

Staff interpreted in the 2021 ZTA that since the City allows multi-family residential uses in any non -residential zone with a CUP, LBNCs by extension would be conditionally permitted in these zones (i.e. all Commercial, Office, and Industrial zones). However, upon review of the current Housing Element, it was determined that LBNCs must be allowed by-right in these zones as well.

Therefore, the current Housing Element includes Implementation Program No. 5.8 to amend all non-residential zones to allow LBNCs by-right.

Staff recommendation: Staff recommends that the line item found in the Zoning Ordinance’sZone Use Matrix for “LowBarrier Navigation Center”be amended to make the use permitted by-right in all Commercial and Mixed Use zones, Office zones, and Industrial zones, since all zones allow for Visalia City Council Printed on 10/20/2025Page 8 of 12
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all Commercial and Mixed Use zones, Office zones, and Industrial zones, since all zones allow for multi-family residential uses as a conditionally allowed use.

Alternately, as explained by staff during the Joint Work Session of the Council and Commission held on August 19, 2025, an alternative path toward compliance with State law regarding LNBCs would be to amend the Zoning Ordinance’s Zone Use Table to change one or more non- residential zones from allowing multi-family residential uses with a CUP to not allowed. This type of approach may have some impact on City practice since in the last 20+ years there have been occasional requests (averaging once every two years) for multi-family residential uses in non- residential zones. Zone districts that have the recipient of CUPs for multi-family uses have been the Downtown Mixed Use zone, Commercial Mixed Use zone, Regional Commercial zone, Neighborhood Commercial zone, and Office Professional/Administrative zone. By comparison, there has historically only been one request to allow a LBNC in the City (i.e. Visalia Navigation Center, which located in the Commercial Mixed Use). It should be further noted that three non- commercial zones - Downtown Mixed Use, Commercial Mixed Use, and Regional Commercial - contain sites on the Housing Element “RHNA” site inventory.

Recommended Changes to Zoning Ordinance:
· Chapter 17.25: Uses In the Commercial, Mixed Use, Office, and Industrial Zones o Table 17.25.030: Revise line item for low barrier navigation centers to be permitted by-right in all Commercial and Mixed Use zones, Office zones, and Industrial zones, if meeting criteria commencing in State G.C. Section 65650.

I. Reduce lot size requirements in the R-M (Multi-family Residential), C (Commercial), C- MU (Commercial Mixed Use), and D-MU (Downtown Mixed Use) zones (no more than one acre in the C-MU zone and no more than 20,000 square feet in the C and D-MU zones) to remove constraints to multifamily housing development and promote affordability.

The City of Visalia’sR-M zones allow multi-family dwellings as a use permitted by-right, currently up to 80 units per site. While sites may be developed with multi-family dwellings as such, the City’sdevelopment standards for the R-M zones state that the division of any R-M zoned property less than two acres shall be approved as a part of a conditional use permit. This standard may be considered as a constraint towards the development of multi-family residential opportunities by imposing a discretionary process on a use that would otherwise be a permitted by-right use.

Furthermore, the standard implies that the development of such uses may be limited to only larger sites. As a result, Implementation Program 5.8 commits the City to amend its Zoning Ordinance to overcome this constraint.

The City’stwo Mixed Use zones - Commercial Mixed Use (C-MU) and Downtown Mixed Use (D- MU) - both allow for a wide range of land uses ranging from commercial and retail to office and residential. A minimum lot size of five acres is required in the C-MU zone. There is no minimum lot size requirement in the D-MU zone.

Also, the City has three Commercial zones - Neighborhood Commercial (C-N), Regional Commercial (C-R), and Service Commercial (C-S). Commercial zones allow multi-family residential development by conditional use permit. The C-N and C-R zones both have a minimum site area of five acres, while the C-S zone has a minimum site area of 5,000 square feet.

However, Zoning Ordinance Section 17.30.015 still allows parcel sizes of less than the required minimum upon approval of an acceptable master plan by the site plan review team.

The Housing Element states that the five-acre minimum lot size poses a potential constraint to the development of affordable housing. Although the reduced minimum lot size would largely affect Visalia City Council Printed on 10/20/2025Page 9 of 12
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development of affordable housing. Although the reduced minimum lot size would largely affect commercial uses since they are the predominant land use in these zones, staff does not have concern with the reduced lot sizes since lot sizes have generally not been an issue upon development if developed consistent with the purpose and intent in the General Plan and Zoning Ordinance.

Staff recommendation:
· R-M Zone: The Housing Element does not recommend a specific minimum lot size for the R-M zone. Therefore, staff recommends that the minimum site area be reduced to 6,000 square feet. This minimum site area is closer in range with the R-1-5 zone which generally has a minimum lot size of 5,000 square feet. This minimum size would allow no less than two units per site in the R-M-2 zone (based on the zone’sdensity and description of one unit per 3,000 square feet site area) and no less than five units per site in the R-M-3 zone (based on the zone’sdensity and description of one unity per 1,200 square feet site area). The ZTA would also remove the CUP requirement if divided into parcels less than two acres in size.
· C-MU Zone: Staff recommends the minimum lot size to no more than one acre in the C- MU zone, which is consistent with the maximum size recommended in the Element. · D-MU Zone: No action recommended. Program 5.8’stext erroneously directs the City to reduce lot size requirements in the D-MU zone; however, there currently is no minimum lot size requirement in the D-MU zone.
· C-N and C-R Zones: Staff recommends the minimum lot size to no more than 20,000 square feet in the C-N and C-R zones, which is consistent with the maximum size recommended in the Element.

Recommended Changes to Zoning Ordinance:
· Chapters 17.16 Multi-family zone, 17.18 Commercial zones, and 17.19 Mixed use zones
o Change minimum site areas according to staff recommendation.

In 2017, the City adopted a Reasonable Accommodation section to the Zoning Ordinance, in fulfillment of Program 5.3 of the City’sprior (5th cycle) Housing Element. The text addition, located in Section 17.42.050(C), simply states that “novariance shall be required for structures or devices necessary to facilitate access to a building for persons with physical and non-physical disabilities.” Reasonable accommodation requests are currently approved at the staff level without requiring a public hearing or discretionary permit. To date, the City has never received a request for reasonable accommodation.

The City has not adopted a formal process or any required findings for approving reasonable accommodation requests which, according to the Housing Element, poses a potential constraint to providing accommodation. Program 5.8 commits the City to amend the Municipal Code to provide a ministerial process for approving reasonable accommodation requests, including objective findings for approval.

General practice among municipalities in California is to have a more comprehensive Reasonable Accommodation Ordinance within their Municipal Codes which describe the processing Visalia City Council Printed on 10/20/2025Page 10 of 12 powered by Legistar™254
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Accommodation Ordinance within their Municipal Codes which describe the processing requirements for permits which include a reasonable accommodation request.

Staff has therefore researched and prepared a new ordinance that is based upon a model ordinance made available by Minter Harnish which is the planning consulting firm that was contracted by the City of Visalia Planning Division to help with preparing the 6th cycle Housing Element update. The general outline of the draft ordinance is comprised of the following sections:

Purpose; Applicability; Procedure and ministerial review process; Objective findings for approval; Iterative process; Reviewing authority; and Appeals. The full text of the draft Reasonable Accommodation ordinance is provided in the attached Resolution No. 2025-31 and is listed under Chapter 17.02 General Provisions.

Staff recommendation: Staff recommends that a new comprehensive ordinance, which describes a ministerial process for application review and includes objective findings for approval, be added to the Zoning Ordinance, see attached Resolution No. 2025-31 for the full text.

Recommended Changes to Zoning Ordinance:
· Chapter 17.02: General Provisions, New Article 4: Reasonable Accommodation Add new “Article 4. Reasonable Accommodation”, commencing at Section 17.02.250.

Fiscal Impact: None.

Prior Council Action: On December 18, 2023, the City Council voted to adopt the 6th Cycle 2023- 2031 Housing Element. On December 16, 2024, the City Council voted to adopt Zoning Text Amendment No. 2024-05, to implement programs in the Housing Element pertaining to the Permit Streamlining Act, Accessory Dwelling Units, and the rezoning of certain sites within the Sites Inventory to allow by-right development without discretionary action.

Planning Commission Review and Action: On September 22, 2025, the Planning Commission voted 4-1 to recommend approval of Zoning Text Amendment No. 2025-03 as presented by staff. No public comment was received regarding the proposed changes to the ordinance.

Alternatives:

The City Council may, in lieu of the recommended motion, consider any of the following alternative motions:

1. Deny the Zoning Text Amendment in whole or in part, or

2. Return the item to the Planning Commission for further consideration.

Recommended Motion (and Alternative Motions if expected):

I move to introduce for first reading Ordinance No. 2025-13 for Zone Text Amendment No. 2025-03.

Deadline for Action: 12/1/2025
Attachments:

1. Ordinance No. 2025-13 for Zoning Text Amendment No. 2025-03

2. Senate Bill 330 Preliminary Application

3. Senate Bill 35 / Senate Bill 423 Preliminary Application

4. Full Text of Senate Bill 330

5. Full Text of Senate Bill 35
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0484 Agenda Date: 11/3/2025 Agenda #: 8.

Agenda Item Wording:

Award Contract for Insurance Broker Services - Authorize the City Manager to award a contract to Alliant Insurance Services, Inc. for insurance broker services, at a cost not to exceed $6,110,200 over a five-year period.

Prepared by: Andrew Guzman, Risk Manager, [email protected], (559) 713-4335; Shonna Oneal, Administrative Services Director, [email protected], (559) 713-4053 Department Recommendation: Staff recommends that the City Council authorize the City Manager to award a contract to Alliant Insurance Services, Inc. for RFP 23-24-54, Annual Contract for Insurance Broker Services, in an amount not to exceed $6,110,200.

Summary:

City staff issued RFP 23-24-54, Annual Contract for Insurance Broker Services, to select a firm to serve as the City’s risk advisor and insurance broker. This agreement will appoint Alliant Insurance Services, Inc. (Alliant) as the exclusive insurance broker for the City of Visalia with respect to the City’s property & casualty insurance programs. The initial contract shall be for a twelve (12) month period and shall, at the City’s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) consecutive one-year periods.

Background Discussion:

City staff purchases multiple lines of insurance to protect the city’s assets, operations, and employees. The current coverage includes:
· Commercial Property
· Underground Storage Tank (Pollution coverage for fuel tanks) · Aviation Liability
· Excess Workers' Compensation
· Crime Policies for Employee Dishonesty
· Cyber Liability Insurance
The City has historically worked with Arthur J. Gallagher & Co. (“Gallagher”) for broker services. The relationship with Gallagher has been longstanding and was originally with Buckman-Mitchell Insurance (“BMI”), which was acquired by Gallagher in 2018. The City continued to work with Gallagher based on the longstanding relationship.

In the past several years, the insurance market has entered a “hard market cycle,” which has led to rising premiums, more restrictive coverage terms, and some insurers becoming less willing to quote coverage. The “hard market cycle” is reflective of inflation rates, natural disasters, and insurers becoming less likely to insure. This causes rates to soar and coverage to be more difficult to secure.

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Because of these reasons, the City believed a competitive procurement process was necessary to review pricing and fee structures, evaluate the service quality, and access to available insurance markets.

On June 11, 2025, the City issued RFP 23-24-54, Annual Contract for Insurance Broker Services.

Proposals were due on July 15, 2025. Four proposals were received:

Proposer’s Name Location
Alliant Insurance Services, Inc. San Francisco, CA
Arthur J. Gallagher & Co. Visalia, CA
The Baldwin Group, LLC Tustin, CA
USI Insurance Services, LLC Los Angeles, CA
Proposals were evaluated based on the following criteria.

Criteria Explanation Weight/Points
Merit of Proposals
Submittal / Presentation
· Proposals submittal thoroughness.

Quality and responsiveness of the
proposal.
10 Knowledge and Expertise of
Personnel/Firm
· Capability of personnel · Firm
qualifications · Adequacy of Staff to
perform the work
15 Understanding of Project · Knowledge of services to be provided as described in Proposers project
approach
35 Record of Past Performance · References · Evaluation of size and scope of similar work performed · Ability
to work effectively with City staff, other
public agencies and related parties
15 Cost · Evaluation of proposed fee, payment
schedule, and any commissions
credited toward the annual fixed price
fee
20 Local Vendor Preference · Proposers with a Tulare County Business address
5 Total Points Possible 100
Alliant Insurance Services, Inc.’s proposal was determined to be the best qualified after committee review based on the scoring criteria.

During contract negotiations, City staff and Alliant discussed risk control services that would enhance the City’s safety program with the intention of addressing the City’s risks and exposures as an effort to control rising insurance costs. As part of the broker agreement, Alliant Risk Consulting will provide Visalia City Council Printed on 10/31/2025Page 2 of 4
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up to ninety hours of risk consulting services at $250 per hour, not to exceed $20,000. An attachment outlining non-billable and billable services is provided as an attachment. These services would represent a proactive approach to loss prevention by identifying and mitigating risks before they result in claims.

Fiscal Impact: The total estimated cost of this agreement is $6,110,200. This amount includes the fixed fee for broker services which totals $292,100 over a five-year period, and the estimated cost to purchase multiple lines of insurance coverage, which will be paid to Alliant and forwarded to insurance carriers, in the amount of $5,818,100. An annual overview of estimated payments is below:

Renewal
Date
Partial Year Year 1 Year 2
7/1/2025 -
6/30/2026
7/1/2026 -
6/30/2027
7/1/2027 -
6/30/2028
Alliant Broker
Services Fee
$0.00 $55,000 $56,650
Property Insurance 7/1/2026 $501,800 $526,900
Underground Storage
Tank
12/7/2025 $3,000 $3,200 $3,400
Aviation Liability 7/14/2026 $65,900 $69,200
Cyber Liability 11/4/2025 $100,000 $105,000 $110,300
Crime Policy 4/27/2026 $16,600 $17,400
Excess Workers’
Compensation
7/1/2026 $320,000 $336,000
Risk Control Services $20,000 $20,000 $20,000
Total: $123,000 $1,087,500 $1,139,850
Year 3 Year 4 Year 5 TOTAL
7/1/2028 -
6/30/2029
7/1/2039 -
6/30/2030
7/1/2030 -
6/30/2031
Alliant Broker
Services Fee
$58,350 $60,100 $62,000 $292,100
Property Insurance $553,200 $580,900 $609,900 $2,772,700 Underground
Storage Tank
$3,600 $3,800 $4,000 $21,000
Aviation Liability $72,700 $76,300 $80,100 $364,200
Cyber Liability $115,800 $121,600 $127,700 $680,400
Crime Policy $18,300 $19,200 $20,200 $91,700
Excess Workers’
Compensation
$352,800 $370,400 $388,900 $1,768,100
Risk Control
Services
$20,000 $20,000 $20,000 $120,000
Total: $1,194,750 $1,252,300 $1,312,800 $6,110,200
Visalia City Council Printed on 10/31/2025Page 3 of 4
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File #: 25-0484 Agenda Date: 11/3/2025 Agenda #: 8.

Year 3 Year 4 Year 5 TOTAL
7/1/2028 -
6/30/2029
7/1/2039 -
6/30/2030
7/1/2030 -
6/30/2031
Alliant Broker
Services Fee
$58,350 $60,100 $62,000 $292,100
Property Insurance $553,200 $580,900 $609,900 $2,772,700 Underground
Storage Tank
$3,600 $3,800 $4,000 $21,000
Aviation Liability $72,700 $76,300 $80,100 $364,200
Cyber Liability $115,800 $121,600 $127,700 $680,400
Crime Policy $18,300 $19,200 $20,200 $91,700
Excess Workers’
Compensation
$352,800 $370,400 $388,900 $1,768,100
Risk Control
Services
$20,000 $20,000 $20,000 $120,000
Total: $1,194,750 $1,252,300 $1,312,800 $6,110,200
The broker service fee covers existing lines of coverage that were included in the RFP. A risk assessment will be performed as part of the transition process to a new broker. There is no additional cost to the City for the risk assessment. If new lines of coverage are identified that were not included in this RFP, Alliant will limit compensation to 10% commission, which is lower than most of the existing commissions charged to the City by the current broker.

Prior Council Action: N/A
Other: N/A
Alternatives: Not recommended.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a contract to Alliant Insurance Services, Inc. for insurance broker services, at a cost not to exceed $6,110,200 over a five-year period.

Environmental Assessment Status: NA
CEQA Review: NA
Deadline for Action: NA
Attachments:

Attachment 1: Alliant’s Proposal
Attachment 2: Alliant’s Addendum - Other Negotiated services as part of Broker Agreement Attachment 3: RFP 23-24-54 Annual Contract for Insurance Broker Services Visalia City Council Printed on 10/31/2025Page 4 of 4
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City of Visalia Broker Agreement Addendum
Other negotiated services as part of Broker Agreement
Risk Control Services
Alliant Risk Consulting offers a full range of risk services to help mitigate risk related to property, casualty, fleet, and workers’ compensation lines of insurance. As part of our charter and pursuant to our discussion on Friday, August 22, 2025, Alliant proposes risk services listed below for the 2025-26 policy year with the following parameters. • Alliant Risk Consulting (ARC) will provide up to ninety billable hours of risk consulting services. Billable hours include preparation, site visits, reports, and document development.
• ARC rate is $250 per hour. Travel expenses are included in the rate. • Fees to the City will not exceed $20,000.

Billable and non-billable services include but are not limited to the following outlined services.

Non-Billable Services
o Initial Risk Management Assessment
o Loss Analysis for Purposes of the Assessment
o Risk and Safety Management Document Assessment/Review o Organization Review
o Stakeholder Interviews
o Initial Hazard Assessments
o Gap Assessment (Cal/OSHA Compliance)
o Collaborative Risk Improvement Strategy
• Risk Management Center
• Webinars, Newsletters, Alerts and Research for Technical Matters • Fire Protection Plan Reviews
• Property Loss Control Surveys on Selected Properties
Billable Services
• Implement the Risk Improvement Strategy
• Develop Metrics and Goals
• Create Dashboard
• Facility Assessments
• Employee Training
• Safety/Risk Management Program Creation and/or Enhancement • Policy Enhancements
• Ergonomic Services
• Fleet Safety & Management
Industrial Hygiene Services (Hourly rate may differ, equipment rental and lab fees will apply). 323
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CITY OF VISALIA, CA

REQUEST FOR PROPOSALS
RFP NO. 23-24-54

ANNUAL CONTRACT FOR INSURANCE BROKER SERVICES

DESCRIPTION:

The City of Visalia is requesting proposals from qualified and experienced firms to provide professional insurance broker services to assist in the management of the City’s various Property & Casualty insurance programs in accordance with this Request for Proposal.

PROPOSER CONFERENCE:

On Wednesday, June 25, 2025 at 10:00 a.m. PST, an informational proposer conference will be held via TEAMS. To pre-register for this conference and obtain the link or call-in instructions, please email your contact information to [email protected]. This is an opportunity to ask questions regarding the project and the Request for Proposal requirements.

SUBMITTAL DEADLINE:

One (1) unbound original and four (4) copies, plus one (1) copy on a flash drive must be received no later than: 2:00 p.m. on Tuesday, July 15, 2025. Proposals received after the time and date stated above shall be returned unopened to the proposer. Emailed proposals will not be accepted

SUBMITTAL INSTRUCTIONS:

Addressed to : Purchasing Division
707 W. Acequia Avenue, Visalia, CA 93291

From: Proposer’s Name & Mailing Address

Mark envelope : RFP No.23-24-54, Insurance Broker Services

DELIVERY OF PROPOSALS: When sending the proposal via Fed Ex, UPS, etc., it is the responsibility of the Proposer to ensure that submittals are received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Deliveries are not received when the office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, submitting proposals via U.S. Mail is not recommended as there could be a delay in receiving by the deadline.

Proposals must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

INQUIRIES:

Questions/clarification of this document should be addressed in writing to the Purchasing Division (559) 713-4334. To prevent misinterpretation, the Purchasing Division prefers that all questions be sent in writing via email to [email protected]. Questions may be asked at any time prior to, but no later than Monday, June 30, 2025 at 4:00 pm.
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CITY OF VISALIA, CALIFORNIA

REQUEST FOR PROPOSALS
RFP 23-24-54

SEALED PROPOSALS will be received by the Visalia Purchasing Division located at 707 West Acequia, Visalia, CA 93291, until 2:00 p.m. PST on Tuesday, July 15, 2025 for:

Annual Contract for Insurance Broker Services

An informational proposal conference will be held on Wednesday, June 25, 2025 at 10:00am PST via TEAMS. To pre-register for this conference and obtain the link or call-in instructions, please email your contact information to [email protected].

RFP and Contract documents may be obtained in the office of the Purchasing Division, 707 W. Acequia Ave., Visalia, CA 93291, by calling (559) 713-4334, emailing your request to [email protected], or may be downloaded from BidNetDirect by registered users. To register with BidNetDirect, please see the City’s website visaliapurchasing.org.

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

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.

The right is reserved by the City of Visalia to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: 06/13/25 & 6/18/25

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TABLE OF CONTENTS

TITLE PAGE
I. Definitions ........................................................................................................................... 4 II. Introduction ........................................................................................................................ 4 A. Information ............................................................................................................ 4 B. Background ............................................................................................................ 4 C. Purpose and Objective ........................................................................................... 5 D. RFP/Agreement Schedule ...................................................................................... 5 III. Scope of Services ................................................................................................................ 5 A. Qualifications ......................................................................................................... 5 B. Services of the Consultant ..................................................................................... 6 C. City Responsibilities ............................................................................................... 7 IV. Proposal Content and Format Requirements ..................................................................... 7 A. General Information .............................................................................................. 7 B. Proposed Project Approach ................................................................................... 7 C. Staff Qualifications and Related Experience .......................................................... 8 D. Proposed Fee Structure ......................................................................................... 8 E. Conflict of Interest ................................................................................................. 8 F. Required Documents ............................................................................................. 8 V. Consultant Selection Procedure ......................................................................................... 9 A. Criteria & Weight ................................................................................................... 9 B. Background Check................................................................................................ 10 C. Award of Contract ................................................................................................ 10 VI. General Conditions .......................................................................................................... 10 A. Important Notice ................................................................................................. 10 B. Contracting Agency .............................................................................................. 10 C. Legal Responsibilities ........................................................................................... 10 D. Permits and Licenses ............................................................................................ 10 E. Insurance.............................................................................................................. 11 VII. Contract Requirements ..................................................................................................... 12 A. Withdrawal of Proposals ...................................................................................... 12 B. Rejection of Proposals ......................................................................................... 13 C. Evaluation/Award of Contract ............................................................................. 13 D. Proposal Pricing Guidelines ................................................................................. 13 E. Assignment of Contract ....................................................................................... 13 F. Right to Require Performance ............................................................................. 14 G. Ethics in Public Contracting ................................................................................. 14 H. Equal Employment Opportunity .......................................................................... 14 I. Venue ................................................................................................................... 14 J. Proprietary Information ....................................................................................... 14 K. Incurring Costs ..................................................................................................... 15 L. Firearms Prohibited ............................................................................................. 15 M. Executive Order N-6-22 – Russia Sanctions ......................................................... 15 Required Forms to be submitted with Proposal ................................................................ 16-23 Sample Annual Contract .......................................................................................................... 24

Under Separate Attachment:

Attachment A – Insurance Policies in Fore

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DEFINITIONS
For the purposes of RFP No. 23-24-54, 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", “Proposer”, "Vendor", "Supplier", “Consultant”, “Contractor”, “Broker” and “Sub- recipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Proposal in response to the Request for Proposal.

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

5. “RFP” means Request for Proposal No. 23-24-54.

II.

INTRODUCTION

A. Information
The City of Visalia is requesting proposals from qualified firms to provide broker services in accordance with this Request for Proposals (RFP). The City is seeking an experienced, responsible, capable and professional firm to serve as the City’s risk advisor and broker for the City’s various Property & Casualty insurance programs. The City of Visalia currently maintains the insurance policies and coverages listed in Attachment A.

The initial contract shall be for a twelve (12) month period and shall, at the City’s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) consecutive one-year periods.

This Request for Proposals is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the Purchasing Division, at (559) 713-4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

An informational proposer conference will be held on Wednesday, June 25, 2025 at 10:00am via TEAMS.

To pre-register for this conference and obtain the link or call-in instructions, please email your contact information to [email protected]. This is an opportunity to ask questions about the services to be provided and the Request for Proposal requirements.

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are encouraged to submit any questions or items for clarification in writing to the above email address.

Proposers are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals

Local Vendor Preference Policy: In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local vendor preference policy. 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. 5 points (Local Vendor Preference Points) will be given to any Proposer who has a business address in Tulare County for the past six months.

B. Background
Visalia is a Charter City located east of State Highway 99 and along State Highway 198. The City’s population is approximately 144,000. The incorporated area covers approximately 25 square miles.

Public services provided by the City’s approximately 915 employees (675 full-time and 240 part-time) include police, fire, public works, engineering & building, planning & community preservation, parks & recreation, finance, administration, and administrative services.

The City’s Administrative Services – Risk Management Division is responsible for providing a comprehensive range of risk management and administrative services to City Departments and the general public. The Risk Management Division is responsible for administering the City’s property & casualty 327
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insurance programs, the City Safety Program, general liability program, and active and retiree group health benefits programs. The selected Broker will work directly with the Risk Management Division to complete the scope of services of this agreement.

C. Purpose, Objective and Services to be Provided
The purpose of this RFP is to enter into an annual contract with one qualified and experienced firm that can provide professional insurance broker services to assist in the management of the City’s various Property & Casualty insurance programs in the areas listed below:

Commercial Property/Casualty Coverages
 Property
 Boiler and Machinery
 Crime/Fiduciary
 Cyber
 Excess Workers’ Compensation
 Environmental Liability / Pollution Coverage
 Any other coverage requested by the City, or recommended by the Broker, or determined by the market or trends

The City’s objective is that there be effective communication and coordination between the Risk Management Division, Broker, and third parties involved.

D. RFP/Agreement Schedule

Event Date of Event
RFP Available to the public ......................................................................................... June 13, 2025 Informational Proposal Conference @ 10:00 a.m ....................................................... June 25, 2025 Deadline for written questions ..................................................................................... June 30, 2025 RFP due at 2:00 pm PSt at 707 W Acequia .................................................................. July 15, 2025 Short list established and vendors notified ................................................................................. TBD Interviews/Presentations with short-listed vendors (if required) ................................................. TBD Award of Contract @ City Council Meeting ............................................................................... .TBD Contract Begins ........................................................................................................................... TBD

Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III.

SCOPE OF SERVICES

A. Qualifications
The following are the minimum qualifications:

 Current California Department of Insurance license
 Advanced knowledge of the laws and practices relating to professional property and casualty insurance brokering services, loss control, claims, servicing, and administration within a municipal government setting.
 A comprehensive understanding of the insurance marketplace, self-insured programs, pooled insurance arrangements, and private market insurance placements.  The proposer has a demonstrated track record of success in handling all aspects of the proposed services and at least (5) years of providing these services to public entities in California.  Each proposer shall provide three (3) references, preferably from government entities for relevant work performed in the past five years. When possible, include references from cities of a similar size and character to the City of Visalia.
 The proposer can demonstrate an understanding of the assignment and knowledge of the skills necessary to serve as an Insurance Broker for the policies and programs outlined in this RFP.

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B. Services of the Consultant
The successful Proposer will act as an independent insurance advisor to the City and proactively provide ongoing unbiased professional advice and recommendations that benefit the City, and shall solicit insurance coverage proposals and programs from markets. The goal of this project shall be to evaluate and recommend the most effective risk-financing program in terms of protection and cost. Except for those years when a complete program marketing effort is sought, the successful firm shall manage the insurance renewal process. The chosen firm shall develop a project timeline and shall be available for planning, review, presentations, and implementation meetings.

The Scope of Work includes, but is not limited to, the following:

 Evaluate the City’s existing insurance program and, as necessary, recommend changes to terms, conditions, or coverage limits to ensure the program provides the best value with coverage that adequately protects the City.
 Work with existing underwriters to examine and implement options to shift all policies to a July 1st renewal date.
 Provide advice to Risk Management on ways to strengthen City loss prevention and safety programs.
 In the event of losses, assist Risk Management with excess claims submission and claim handling process.
 Assist the City with property inspection/appraisal services to assist the City with property renewal schedules.
 Attend annual pre-renewal meetings, renewal meetings, and other meetings as requested with City staff.
 Provide Risk Management a summary of all markets approached and quotes submitted in writing, preferably by email, 60 days prior to the expiration of the existing insurance placement or the Council Meeting that may be required to authorize binding of coverage.  Bind insurance coverage before existing insurance placements expire.  Verify that new policies, binders, certificates, endorsements, and other documents are accurate and reflect the terms and conditions agreed during negotiations.  Respond to all insurance-related questions and requests for advice from Risk Management in a timely manner.
 Make a good faith effort to keep Risk Management informed of pertinent market developments that might affect the City’s access to, or cost of, insurance prior to renewal.  Assist Risk Management with Carrier requests such as inspections or audits.  Issue Certificates of Insurance as required for the City to comply with contract requirements from vendors or various government bodies.
 Provide legal updates and assist in maintaining compliance with all Federal and State laws and programs.
 Present insurance proposals to the City Council and other audiences as requested.

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 indicate clearly 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 broker services, 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 services.

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C. City Responsibilities

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

2. Provide a "City Representative", who will represent the City and who will work with the consultant in carrying out the provisions of the RFP. The Consultant shall communicate with the City representative who will provide the following services:
 Examine documents submitted to the City by the Consultant and render timely decisions pertaining thereto.
 Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work.  Process invoices submitted by Consultant
 Provide consultant with documentation, if available and necessary for completion of Consultant’s work.
 Act as coordinator between Consultant and other City representatives.

IV.

PROPOSAL CONTENT AND FORMAT REQUIREMENTS
The following are proposal requirements. Respondents are requested to organize their proposal into sections with tabs corresponding to the listed selection criteria as follows. You must answer the following questions in the same sequence as below. A screening committee will evaluate the completeness of the response to the RFP.

A. General Information
 Firm name, address, telephone number, and email address.

 Account Representative or other person to contact for clarification of any item contained in the proposal. Include telephone number, and email address if different from above.

 Specify type of organization (individual, partnership or corporation) and if applicable indicate whether you are:

a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.

 Provide your Federal Tax ID Number

 Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified.

 Provide surety information for all sureties – General and Automobile Liability, E/O and Worker’s Compensation.

 References and Referrals

B. Proposed Project Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract. The contents of this section shall be determined by the proposer, but should demonstrate an understanding of the special characteristics of the services to be provided.

Exceptions to the requirements of the RFP should be clearly delineated in this section.

In addition, you are invited to include a maximum of two (2) pages of information not included, nor requested in this RFP, if you feel it may be useful and applicable to this project.

The information in this section will aid the City in the refinement of the scope of work during contract negotiations.
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C. Staff Qualifications and Related Experience

1. Staff Qualifications and Experience
This section should demonstrate the qualifications of all professional personnel to be assigned to this project by providing resumes/experience summaries describing their education, credentials, related experience and their proposed roles for this contract. Note: Consultant may not substitute any member of the project team without prior written approval of the City.

If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided. No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided to public entities in California for the past five (5) years. Provide references for the three (3) most comparable projects for which your firm has provided, or currently is providing, similar services. The City is especially interested in your firm's experience in providing insurance broker services.

List the projects in reverse chronological order and provide the following information for each project:

 Client name
 Project description
 Project start and end date
 Client’s project manager name, telephone and email address.  Total contract amount

D. Proposed Fee Structure
The City seeks an all-inclusive fixed price fee for each year of the up to five-year contract. Identify the desired fee and payment schedule by year. Additionally, describe how any commissions would be disclosed and credited toward the annual fixed price fee.

The fee proposal along with the proposed project approach, will be used as a basis for any contract negotiations. The actual scope of services and fees included in the contract may be negotiated and may vary to satisfy the City’s actual needs.

E. Conflict of Interest
 Disclose any financial, business or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project.

 List current clients who may have a financial interest in the outcome of the project

F. Required Documents
Complete and submit the following documents:

 Non-Collusion Affidavit (Page 16)
 Workers’ Compensation Insurance Certificate (Page 17)  Equal Employment Opportunity Compliance Certificate (Page 18)  Bidder’s Statement on Previous Contracts Subject to EEOC (Page 19)  Americans with Disabilities Act Compliance Certificate (Page 20)  Ownership Disclosure and Levine Act (Page 21)
 Drug-Free Workplace Certification (Page 22)
 Iran Contracting Act (Page 23)
 All addenda issued for this RFP must be signed and submitted with proposal.

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CONSULTANT SELECTION PROCEDURE

Selection of the successful proposal shall be generally based on the information provided by the Consultant in response to the Request for Proposals and any subsequent interviews that may be conducted.

Consultant interviews will be held solely at the option and discretion of the City of Visalia.

The process for selection shall occur in the following sequence:

 Review Proposals
 Establish a “short list” of three or more firms
 Interview “short-listed” firms (at the option and discretion of the City)  Identify best qualified firm
 Determine which, if any, alternates will be selected, and negotiate a fee  Award contract

A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendation to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council and Administrative Services Department, or may include a representative knowledgeable in brokage services from outside of the community.

Composition and creation of this committee, should one be formed, is at the sole discretion of the City.

Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

The Committee will review the proposals for format to ensure conformance with the requirements of the RFP and may select finalists to interview with the Committee as a part of the Committee's evaluation process. The City does not guarantee that an interview will take place, thus reserving the right to select a consultant based solely on the information provided in the proposals received in response to the RFP.

Should an interview take place, the key personnel responsible for fulfilling the requirements of the project shall be required to be present for the interview.

A. Criteria & Weight of Criteria
The Committee will address the following criteria in evaluation of proposals in order to gauge the ability of a consultant to perform the contract as specified. The same general criteria will be used to judge both the proposal and the presentation, should the City choose to conduct interviews with short-listed firms.

Additionally, 5 points (Local Vendor Preference Points) will be given to any Proposer who has a business address in Tulare County for the past six months (see Section II, Instructions).

Criteria Explanation Weight/Points
Merit of Proposals Submittal /
Presentation
 Proposals submittal thoroughness. Quality and
responsiveness of the proposal. 10
Knowledge and Expertise of
Personnel/Firm
 Capability of personnel
 Firm qualifications
 Adequacy of Staff to perform the work
15 Understanding of Project  Knowledge of services to be provided as described in Proposer’s project approach. 35
Record of Past Performance  References
 Evaluation of size and scope of similar work
performed
 Ability to work effectively with City staff, other
public agencies and related parties.
15 Cost  Evaluation of proposed fee, payment schedule, and any commissions credited toward the annual
fixed price fee
20 Local Vendor Preference  Proposers with a Tulare County Business address as specified in Section II 5
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Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.

C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

VI.

GENERAL CONDITIONS

A. Important Notice
The City of Visalia will not be responsible for oral interpretations given by any City employee, representative, or others. Proposers are cautioned that any statements made that materially change any portion of the proposal documents shall not be relied upon unless subsequently ratified by a formal written amendment to the proposal document. The issuance of a written addendum is the only official method whereby interpretation, clarification, or additional information can be given. If any addenda are issued to this Request for Proposals, the City will attempt to notify all prospective vendors who have secured same. However, it will be the responsibility of each vendor, prior to submitting their proposal, to contact the Purchasing Division, located at 707 W. Acequia, Visalia, CA 93291, (559) 713-4334 to determine if addendums were issued and to make such addendum a part of the proposal.

B. Contracting Agency
The contract resulting from this Request for Proposals will be administered by the City of Visalia Finance Department, Purchasing Division.

C. Legal Responsibilities
All proposals must be submitted, filed, made, and executed in accordance with State of California and Federal laws relating to proposals for contracts of this nature whether the same or expressly referred to herein or not. By submitting a proposal, Consultant certifies that he or she will comply with all Federal laws and requirements, including but not limited to Equal Employment Opportunity, Disadvantaged Business Enterprise, Labor Protection and other laws and regulations applicable to contracts utilizing Federal funds.

D. Permits and Licenses

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation. However, Consultant shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work.

Fee is based on gross receipts for all business transactions in the City of Visalia. For additional information, contact the City of Visalia at (559) 713-4326.

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

3. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals.

E. Insurance

Indemnification and Insurance
As respects acts, errors, or omissions in the performance of services, CONTRACTOR 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 CONTRACTOR’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 CONTRACTOR, 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, CONTRACTOR 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 CONTRACTOR’s (or CONTRACTOR’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 CONTRACTOR 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 statutes.

 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.

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, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”

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

VII.

EXAMINATION OF CONTRACT REQUIREMENTS AND

ACCEPTANCE OF PROPOSAL CONTENT

Before submitting a proposal, proposer’s must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Visalia, upon which the offerer will rely.

The submission of a proposal shall be considered conclusive evidence that the proposer has carefully investigated all conditions that affect, or may at some future date affect the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal. Submission of a proposal shall also be evidence that the proposer is familiar with directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No proposer shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the proposer receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the proposer from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the proposer for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the proposer feel there has been a supplemental or oral modification, it shall be his responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the successful proposer shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Purchasing Division. The request shall be executed by the proposer or his duly authorized representative. The withdrawal of a proposal does not prejudice the right of the proposer to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

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B. REJECTION OF PROPOSALS
Failure to meet the requirements of the RFP may be cause for rejection of the proposal. The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause.

The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the proposer, may be cause for rejection of the proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

C. EVALUATION/AWARD OF CONTRACT
Evaluation and selection of proposals will be based on the information called for in this RFP. Brochures or other promotional presentations beyond that sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Proposals will be evaluated by a Selection Committee. In connection with its evaluation, the City may, at its option, invite one or more proposers to make an oral presentation to the Selection Committee. During these interviews, the proposers will be allowed to present such evidence as may be appropriate in order that the Committee can correctly analyze all materials and documentation submitted as a part of the proposals.

The award, if made, will be made within ninety (90) days from proposal closing date. Proposer agrees and so stipulates in submitting this proposal, as though stated therein, and in any subsequent award of contract that:

1. Proposer is an independent contractor, not an employee, agent, or officer of the City.

2. Contract, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should proposer be awarded contract, proposer shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the proposer, its consultants, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

D. PROPOSAL PRICING GUIDELINES
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals.

E. ASSIGNMENT OF CONTRACT
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to, and bind the party or parties to whom such work is assigned, sublet or transferred. 336
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F. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. ETHICS IN PUBLIC CONTRACTING
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

Prior to the award of any contract, the potential Consultant may be required to certify in writing to the Purchasing Division that no relationship exists between the proposer and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Visalia.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a proposer has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the proposer is believed to have an interest.

H. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, proposer agrees to the following:

1. Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Visalia laws and ordinances related to employment practices.

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

3. Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the proposer, shall state that proposer is an Equal Opportunity Employer.

I. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

J. PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Visalia and are subject to public disclosure.

Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.
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K. INCURRING COSTS
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.

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

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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. 338

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

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

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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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Submit With Proposal

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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BIDDER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)
Submit With Proposal

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 representation 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:
(if any)

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AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
Submit With Proposal

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 Seal:
(if any)

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Ownership Disclosure and California Levine Act Statement Submit With Proposal

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

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

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

OWNERSHIP DISCLOSURE

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

_______________________________________________________________________________________________ Address

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

CALIFORNIA LEVINE ACT STATEMENT
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.

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 Date

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Submit with Proposal

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, then 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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IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
Submit With Proposal

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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SAMPLE CONTRACT – do not submit with proposal

ANNUAL CONTRACT FOR INSURANCE BROKER SERVICES
(City of Visalia RFP No. 23-24-54)

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 “CONSULTANT”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S

WHEREAS, CONSULTANT is an ____________________ (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 desires to enter into an annual contract for Insurance Broker Services as evidenced by advertising Request for Proposal No. 23-24-54, Annual Contract for Insurance Broker Services; and

WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Proposals and determined to award a contract to CONSULTANT for the services described in RFB No. 23-24-54; and

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

NOW, THEREFORE, CITY and CONSULTANT 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 CONSULTANT, be extended annually thereafter for four (4) consecutive one-year periods. CITY will be presumed to request renewal unless the CITY delivers written notice of non-renewal to the CONSULTANT, thirty (30) days prior to the renewal date.

If the CONSULTANT decides not to consent to a renewal by the CITY, then CONSULTANT must provide written notice of non-renewal to the CITY at least ninety (90) days prior to the renewal date.

This Agreement may be terminated for convenience by the CITY, in whole or in part, by giving the CONSULTANT thirty (30) days written notice of intent to terminate whenever the City determines that termination is in the best interest of the CITY.

In the event of termination or expiration of this Agreement, CONSULTANT 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
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia RFP 23-24-54, Annual Contract for Insurance Broker Services Attachment 4 CONSULTANT’s proposal in response to RFP No. 23-24-54

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RFP No. 23-24-54
Insurance Broker Services

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3. CONSULTANT SCOPE OF SERVICES and COMMITMENTS*:

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

All work described in Scope of Services in RFP No. 23-24-54.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Consultant as work is completed and invoiced As requested by Consultant

5. COMPENSATION:

CITY shall pay CONSULTANT 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 CONSULTANT to CITY.

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

CONSULTANT

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 CONSULTANT in the capacity I have stated, and that such execution is sufficient to bind the CONSULTANT.

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 Consultant’s stated fee schedule Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Consultant’s invoice. 348

RFP No. 23-24-54
Insurance Broker Services

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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 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.

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RFP No. 23-24-54
Insurance Broker Services

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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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Insurance Broker Services

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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 in this Agreement.

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

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

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

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

d. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:

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

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.

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Insurance Broker Services

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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

352
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0490 Agenda Date: 11/3/2025 Agenda #: 9.

Agenda Item Wording:

Notice of Completion - Request authorization to file a notice of completion for the Victory Oaks Phase 2 subdivision located on the north side of Ferguson Avenue approximately 800 feet west of Demaree Street; containing 44 residential lots.

Prepared by:

Edelma Gonzalez, Associate Engineer, [email protected], (559)713-4364; Jason Huckleberry, Engineering & Building Department Director, [email protected] , (559) 713 -4495
Department Recommendation: Staff recommends that Council authorize the filing of a Notice of Completion for the Victory Oaks Phase 2 subdivision.

Summary:

All of the improvements required for this subdivision have been completed and are ready for acceptance by the City Engineer. The Victory Oaks Phase 2 subdivision was developed by VOV Capital LP, A California Limited Partnership, and contains 44 single family residential lots.

The developer has submitted a maintenance bond in the amount of $160,145.12 to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.

Background Discussion:

The City Council authorized the recording of the final map for the Victory Oaks Phase 2 subdivision on November 4, 2024. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision agreement, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed in accordance with the subdivision agreement.

Fiscal Impact: : By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.

Prior Council Action:

On November 4, 2024 - Council authorized the recordation of Victory Oaks Phase 2 final map.

On June 17, 2024 - Council authorized the recordation of Victory Oaks Phase 1 final map, and the formation and assessment of Landscape and Lighting District 24-04 “Victory Oaks.” Visalia City Council Printed on 10/31/2025Page 1 of 2
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File #: 25-0490 Agenda Date: 11/3/2025 Agenda #: 9.

On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.

Other: N/A
Alternatives: No alternatives are provided.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the filing of the Notice of Completion for the Victory Oaks Phase 2 subdivision.

Environmental Assessment Status: Negative Declaration adopted December 13, 2021 - Environmental Document No. 2022-04.

CEQA Review: Negative Declaration adopted December 13, 2021 - Environmental Document No. 2022-04.

Deadline for Action: 11/3/2025
Attachments: 1. Aerial Map 2. Location Map 3. Final Map 4. Development Disclosure Visalia City Council Printed on 10/31/2025Page 2 of 2
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Form Date: 8/9/07 Page 1 of 1

CITY OF VISALIA
Disclosure Development Project

NOTICE OF COMPLETION

INCOMPLETE OR LATE SUBMISSION OF DISCLOSURE STATEMENT COULD RESULT IN CONTINUANCE OR DELAY OF YOUR PROJECT.

SITE:

Address or APN(s): ___________ ______________________________________________________________________ Short Title or Name of proposed project: _________________________________________________________________ Summary description of the proposed project: _____________________________________________________________ __________________________________________________________________________________________________ DEVELOPER(S):

If more than two developers, please provide information and signature(s) on a separate sheet.

Name (print) _____________________________________ Name (print) ______________________________________ Mailing Address _________________________________ Mailing Address ____ _______________________________ _______________________________________________ _________________________________________________ Phone _________________________________________ Phone ___________________________________________ Statement: I/We declare under penalty of perjury that I am /we are the developers(s) of the property per the executed Subdivision Agreement with the City of Visalia. I/We authori ze the person named in this application as the Project Main Contact to act as my/our representative with City Staff regarding the processing of this application. _______________________
____
________________________________________
Date Developer
Signature
____
________________________________________
Print
Name & Title
_______________________ ____
________________________________________
Date Developer
Signature
____________________________________________
Print
Name & Title
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

List the names of all principals, partners, and/or trust ees where any property owner and/or developer/builder are a partnership or trust. For corporations provide names of officers, directors a nd all stockholders owning more than 10% equity interest in corporation:

Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ Partner/Owner/Trustee: _________________________________________________ 077-190-007 (W of NWC of Ferguson and Demaree)
Victory Oaks, Phase 1 and 2
Two Phase 117 lot subdivision.

VOV Capital LP
1170 N. Coast Hwy
Laguna Beach, CA 92651
Aha Development Group, Inc.
1170 N. Coast Hwy
Laguna Beach, CA 92651
949-612-9170 949-612-9170
9/25/2025
Matthew S. Watson, President of Aha Development Group, Inc., General Partner of VOV Capital LP
Matthew & Shea Watson, Trustees of the Matthew and Shea Watson Living Trust, dated 2/16/2022 Aha Development Group, Inc.

Matthew Watson
Shea Watson
359
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0492 Agenda Date: 11/3/2025 Agenda #: 10.

Agenda Item Wording:

Fire Department Grant Authorization - Authorize staff to apply for the 2025 Cal Water Firefighter Grant Program to purchase four Battery Powered Positive Pressure Ventilation fans and an extra battery for $28,366.24, accept the grant, and appropriate $28,366.24 from the General Fund if the grant is awarded.

Prepared by: Dan Griswold, Fire Chief (559) 713-4220, [email protected]; Crissy Balderama, Senior Administrative Analyst (559) 713-4513, [email protected].

Department Recommendation: Staff recommends City Council authorize personnel to apply for the 2025 Cal Water Firefighter Grant Program for the purchase of four (4) battery powered positive pressure ventilation (PPV) fans for Fire Department apparatus in the amount of $28,366.24. Staff also recommends Council authorize staff to accept the grant and appropriate funds if awarded.

Summary:

As part of their ongoing commitment to local first responders, Cal Water has opened their seventh annual Firefighter Grant Program application to fire departments in its district. Cal Water’s Firefighter Grant Program has provided more than $1,029,000 in grants to local fire departments since the program started in 2019. Grants were awarded to seven applicants in 2024 totaling $175,000 to fund fire protection efforts, equipment, training, and education.

Visalia Fire Department would like to request the City Council’s authorization to apply for the purchase of four (4) battery powered positive pressure ventilation (PPV) fans in the amount of $28,366.24.

Background Discussion:

Firefighters use fans to conduct positive pressure ventilation to remove the heat, gas, and smoke from a burning building during fire attack and rescue efforts. The removal of these elements creates a more tenable environment and increases visibility for firefighters and potential victims. Positive pressure ventilation fans are also used to remove dust, fumes, odors and carbon monoxide from confined spaces.

The fire department has one engine that already has a battery-powered fan, and the remaining five front-line engines are equipped with gasoline-powered ventilation fans. Approving this grant application request would facilitate replacing the remaining gas-powered fans with battery-powered fans. Battery-powered fans are preferred over gas-powered fans as they require little maintenance, reliably start, and do not require special fuel/oil mix to operate, saving operating costs. Additionally, battery-powered fans do not produce the toxic carbon monoxide gas that gas-powered fans produce.

Gas-powered fans are effective at removing smoke and other products of combustion from an area.

However, gas-powered fans do introduce carbon monoxide gas into the environment. This tradeoff is Visalia City Council Printed on 10/31/2025Page 1 of 2
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File #: 25-0492 Agenda Date: 11/3/2025 Agenda #: 10.
acceptable during a structure fire. However, for incidents requiring the removal of less-toxic smoke from an interior area of a structure, adding carbon monoxide to the environment does not make the situation better. Battery-powered fans do not produce any toxic fumes and therefore can be used more readily in any environment.

Fiscal Impact: This project is in the planning years of the capital improvement project (CIP) budget.

If awarded, staff requests appropriation of $28,366.24 from the General Fund to purchase four (4) battery powered positive pressure ventilation fans and an extra battery for each. This amount will be reimbursed by the 2025 Cal Water Firefighter Grant Program and eliminate the need to consider during the CIP budgeting process.

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the request to apply for the 2025 Cal Water Firefighter Grant and consider this project during a future capital improvement program budget Recommended Motion (and Alternative Motions if expected):

I move to authorize personnel to apply for the 2025 Cal Water Firefighter Grant Program for the replacement of four (4) battery powered positive pressure ventilation fans and an extra battery in the amount of $28,366.24, to authorize staff to accept the grant, and to appropriate $28,366.24 from the General Fund if awarded.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/3/2025
Attachments: VFD Quote_QO363209
Visalia City Council Printed on 10/31/2025Page 2 of 2
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Ph: 510-839-5111
TF: 800-443-3556
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com

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Quotation
CUSTOMER: SHIP TO:

Visalia City Fire Department
CA
420 North Burke Street
Visalia CA 93292
Visalia City Fire Department CA
Attn: Crissy Balderama
420 North Burke Street
Visalia CA 93292
QUOTATION NO. ISSUED DATE EXPIRATION DATE
363209 10/23/2025 11/22/2025

SALESPERSON CUSTOMER SERVICE REP
Chris Parano
[email protected]
559-301-5156
Steve Price
[email protected]
510-268-3333
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Crissy Balderama C36105 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
DEST Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer's safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and poly¯uoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer speci®cations. For other important product notices and warnings, or to request an SDS, product speci®cations, manufacturer's safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings Transportation is included in below pricing.

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 1 EA 910-1827 TMPST VS-1.2 18" Deluxe Battery Powered Blower with:
* 2ea. Batteries, 1ea. Charger
$5,611.00 $5,611.00
2 1 EA 585-015

TEMPEST
48V 17.5AH Battery $925.00 $925.00
362
Ph: 510-839-5111
TF: 800-443-3556
[email protected]
UEI#: DDLSADSWN7U7
Paci®c North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com

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LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing generally remains ®rm until 11/22/2025. Pricing is subject to change if product is affected by the implementation of a tariff. Contact us for updated pricing after this date.

Due to market volatility, global supply chain pressures, and supply shortages, we recommend contacting your local L.N. Curtis and sons of®ce prior to placing your order to con®rm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speci®c prices, terms, and conditions.

Subtotal $6,536.00
Estimated Tax Total $555.56
Transportation $0.00
Total $7,091.56
View Terms of Sale and Return Policy
363
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0276 Agenda Date: 11/3/2025 Agenda #: 11.

Agenda Item Wording:

Authorize an Amendment and Extension to Airport Lease Agreement and Ordinance Adoption - An Introduction and first reading of Ordinance No. 2025-08 authorizing the City Manager to execute an amendment and extension to the Airport Lease Agreement between the City of Visalia and Aircraft Mechanical Services, Inc.for its location at the Visalia Municipal Airport.

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

Jody Miller, Airport Manager, (559)713-4282, [email protected] John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council approve the first reading of Ordinance No. 2025-08 authorizing the City Manager to execute an amendment to the current Airport Lease Agreement with Aircraft Mechanical Services, Inc. (AMS), adding four (4) additional five (5) year mutual extension option periods to the current lease agreement. These options would be exercised upon mutual agreement sequentially at the conclusion of the current lease which ends in 2032, leading to a potential new lease end date of 2052. The amendment also adds Byron Vander Weide as an additional LESSEE with AMS.

Background Discussion:

At its meeting on May 20, 2002, the City Council authorized a thirty (30) year lease agreement between the City of Visalia and Darrel Tunnel Co. for a hangar at Visalia Municipal Airport beginning on July 1, 2002 and ending on June 30, 2032. Darrel Tunnel Co. was subsequently incorporated as Aircraft Mechanical Services, Inc. (AMS) on January 20, 2004. AMS is requesting four (4) additional five (5) year mutual extension options be added to the lease. The proposed lease amendment contains a clause that the LESSEE (AMS) shall provide LESSOR (City) with a written request to extend the term of the Lease pursuant to the requirements of Section 2.A of the proposed amendment at least Ninety (90) days prior to the end of the current term, and thereafter, at least Ninety (90) days prior to the expiration of each mutually agreed to five (5) year extension period.

LESSOR reserves the right to deny any extension request, and approval of any extension request by LESSOR shall not be deemed or otherwise interpreted as an approval of any subsequent extension request.

Staff have verified that this agreement is permissible with the Federal Aviation Administration (FAA) as well as with the City Attorney. This proposed extension allows the City to assist a longstanding good tenant at the Airport in providing additional lease term in consideration of planned hangar Visalia City Council Printed on 10/31/2025Page 1 of 2
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File #: 25-0276 Agenda Date: 11/3/2025 Agenda #: 11.
improvements
It should also be noted that at a later date, AMS intends to present Airport staff with a proposal to add a fuel tank to its operations once the initial improvements to the building have been completed. Staff will present the AMS request to Council once this proposal is received for consideration of approval.

The proposed amendment also adds Byron Vander Weide as an additional LESSEE with AMS, Inc. upon the request of both AMS, Inc. and Vander Weide.

Fiscal Impact:

The Airport will continue to receive the currently agreed upon monthly land lease rental rate of One Thousand Three Hundred and Sixty-Nine dollars and Forty-Nine ($1,369.49) plus annual Consumer Price Index (CPI) increases, through the end of the current lease agreement, and new lease rates will be negotiated for the mutual option periods at the time of adoption.

Prior Council Action:

May 20, 2002: Council authorized the current Airport Lease Agreement and Ordinance No. 2002-10 between the City of Visalia and Aircraft Mechanical Services, Inc. (AMS).

Alternatives:

City Council could not authorize the City Manager to execute an amendment and extension to the Airport Lease Agreement between the City and AMS, resulting in the current Agreement remaining effective until June 30, 2032.

Recommended Motion (and Alternative Motions if expected):

I move to approve the first reading of Ordinance No. 2025-08 authorizing the City Manager to execute an amendment to the current Airport Lease Agreement between the City of Visalia and Aircraft Mechanical Services, Inc. (AMS) for its location at the Visalia Municipal Airport, extending the current lease for the terms specified within the staff report.

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

1. Draft Amendment to Airport Lease Agreement

2. Draft Ordinance 2025-08

3. Airport Lease Agreement - July 7, 2002

4. Ordinance No. 2002-10

5. City Council Agenda Staff Report - May 20, 2002
Visalia City Council Printed on 10/31/2025Page 2 of 2
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1 AMENDMENT TO AIRPORT LEASE AGREEMENT
THIS AMENDMENT is entered into this ______ day of _________, 2025 by and between the City of Visalia, a Municipal Corporation of the State of California (hereinafter referred to as “Lessor”) and AMS Inc, a California Corporation as successor to Darrell Tunnell Co. (hereinafter referred to as “Lessee”).

RECITALS
WHEREAS, this Amendment amends the Airport Lease Agreement executed on July 7, 2002, by and between the Lessor and Darrell Tunnel Co. (hereinafter referred to as the “Lease Agreement”); and WHEREAS, Lessee is the successor/assignee of Darrell Tunnel Co. and is currently in possession of the Demised Premises identified in the Lease Agreement; and WHEREAS, Lessee desires to acquire an option to extend the term of the Lease Agreement for four (4) additional five (5) year extensions periods for a total potential extension of an additional twenty (20) years, through June 30, 2052.

NOW, THEREFORE, Lessor and Lessee hereby agree to amend the Lease Agreement as follows:

1. This Recitals are a material part of this Amendment and shall be incorporated herein by this reference.

2. Pursuant to Section 9 of the Lease Agreement, this Amendment shall formally acknowledge the previous assignment of the Lease Agreement from Darrell Tunnel Co. to AMS, Inc. and shall add Byron Vander Weide as an additional LESSEE with AMS, Inc.

3. Section 2.A of the Lease Agreement is hereby amended to add the following clause: “LESSOR and LESSEE shall have the mutual option to extend the term of this Lease for four (4) additional five (5) year extension periods for a total potential lease extension of twenty (20) years through June 30, 2052.”
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2 4. Section 2.B of the Lease Agreement is hereby replaced and otherwise superseded by the following clause: “LESSEE shall provide LESSOR with a written request to extend the term of the Lease pursuant to the requirements of Section 2.A at least Ninety (90) days prior to the end of the current term, and thereafter, at least Ninety (90) days prior to the expiration of each mutually agreed to five (5) year extension period. LESSOR reserves the right to deny any extension request, and approval of any extension request by LESSOR shall not be deemed or otherwise interpreted as an approval of any subsequent extension request.

5. Section 11.A of the Lease Agreement is hereby amended to add the following clause:
“LESSEE is expressly prohibited from materially altering the hangar structure, floor, walls, exterior or adjoining common use areas, or constructing any structure or facility within the hangar, without the expressed written consent of LESSOR. For purposes of this section a material alteration is defined as any alteration requiring the issuance of a permit from the City, or that which significantly alters the appearance, character, or composition of the hangar or of any of its structural components.”

6. Except as expressly provided herein all other terms and conditions of the Lease Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties have executed this Amendment as of the date first above written.

[Signatures of the Parties on Following Page]

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3 LESSOR LESSEE

BY: __________________________ BY: ___________________________ Leslie Caviglia, City Manager Darrell Tunnell, AMS, Inc.

BY: ___________________________
APPROVED AS FORM Byron Vander Weide

BY: ___________________________
Risk Management

BY: ___________________________
City Attorney

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ORDINANCE 2025-08

AUTHORIZING AN AMENDMENT AND EXTENSION TO THE AIRPORT LEASE

AGREEMENT BETWEEN THE CITY OF VISALIA AND AIRCRAFT MECHANICAL SERVICES, INC. (AMS)

WHEREAS, on May 20, 2002, the City Council of the City of Visalia approved a 30-year lease agreement between the City of Visalia and Darrell Tunnell Co., commencing July 1, 2002 and ending June 30, 2032, for property located at the Visalia Municipal Airport; and
WHEREAS, on January 20, 2004, Darrell Tunnell Co. was incorporated as Aircraft Mechanical Services, Inc. (AMS), the current tenant and operator of the aircraft maintenance facility at the airport; and
WHEREAS, AMS has requested an amendment and extension to the existing lease agreement to add four (4) additional five (5) year mutual option periods, resulting in a potential new lease end date of June 30, 2052; and
WHEREAS, AMS has requested to add Byron Vander Welde as an additional LESSEE with AMS; and
WHEREAS, the proposed lease amendment includes a provision requiring that the LESSEE (AMS) shall provide LESSOR (City of Visalia) with a written request to extend the term of the Lease pursuant to the requirements of Section 2.A at least Ninety (90) days prior to the end of the current term, and thereafter, at least Ninety (90) days prior to the expiration of each mutually agreed to five (5) year extension period. LESSOR reserves the right to deny any extension request, and approval of any extension request by LESSOR shall not be deemed or otherwise interpreted as an approval of any subsequent extension request; and
WHEREAS, the lease amendment has been reviewed and found permissible by both the Federal Aviation Administration (FAA) and the City Attorney; and WHEREAS, this amendment will provide additional lease term for the LESSEE ahead of anticipated building improvements; and
WHEREAS, in accordance with Article VI, Section 16 of the Visalia City Charter, which provides that no lease of City-owned real property shall be made for a period longer than five (5) years except by ordinance adopted by the Council, this action is being taken by ordinance and requires the affirmative vote of four-fifths of all Councilmembers; and
WHEREAS, the City Council finds that approving the proposed lease amendment and extension is in the best interest of the City of Visalia and the continued successful operation of the Visalia Municipal Airport.
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NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VISALIA that the proposed amendment and extension to the Airport Lease Agreement between the City of Visalia and Aircraft Mechanical Services Inc. (AMS) is hereby approved, and the City Manager is authorized to execute said amendment on behalf of the City of Visalia.

PASSED AND ADOPTED BRETT TAYLOR, MAYOR
ATTEST: ______________________________
LESLIE B. CAVIGLIA, CITY CLERK APPROVED BY CITY ATTORNEY ______________________________

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 Ordinance 2025-08 passed and adopted by the Council of the City of Visalia at a regular meeting held on ____________ and certify a summary of this ordinance will be published in the Visalia Times Delta.

Dated: LESLIE B. CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0506 Agenda Date: 11/3/2025 Agenda #: 12.

Agenda Item Wording:

Request by Vice Mayor Liz Wynn - Consideration of a future agenda item to redesign a portion of the bike lane configurations being implemented with the Tulare Avenue Major Street Rehabilitation.

Prepared by: Vice Mayor Liz Wynn 713-4400 ext. 9313.

Department Recommendation: Vice Mayor Liz Wynn requests that the City Council approve adding an item to a future special City Council meeting agenda. The purpose of the item is to have a discussion on the possibility of suspending some or all of the Tulare Avenue Major Street Rehabilitation project and directing that a redesign of some or all of the project be completed before proceeding.

Summary:

Vice Mayor Liz Wynn seeks Council consideration of suspension of some or all of the Tulare Avenue Major Street Rehabilitation project and directing staff to redesign the applicable portions of the project before proceeding. Due to the project’sgrant-related deadlines, this discussion would need to take place at a future special meeting rather than a regular Council meeting.

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.

Fiscal Impact: Unknown
Prior Council Action: N/A
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 place an item on a future City Council agenda to discuss the possibility of suspending some or all of the Tulare Avenue Major Rehabilitation project Visalia City Council Printed on 10/31/2025Page 1 of 2
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File #: 25-0506 Agenda Date: 11/3/2025 Agenda #: 12.
and directing staff to prepare and present options for a potential redesign of the applicable portions of the Tulare Avenue Bike Lane project, and to schedule a special meeting for this discussion due to project timeline considerations.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/3/2025
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0511 Agenda Date: 11/3/2025 Agenda #: 13.

Agenda Item Wording:

Request by Council Member Emmanuel Hernandez Soto - Consideration of a future agenda item to consider a City donation to a food based non-profit in Visalia in light of the impact to Visalia families previously receiving SNAP benefits that are being affected by the Federal shutdown.

Prepared by: Council Member Emmanuel Hernandez Soto 713-4400 ext. 6313.

Department Recommendation: Council Member Emmanuel Hernandez Soto requests that the City Council approve adding an item to a future City Council meeting agenda. The purpose of the item is to have a discussion on the possibility of making a City donation to a food-based non-profit in Visalia in light of the impact to Visalia families previously receiving SNAP benefits that are being affected by the Federal shutdown.

Summary:

Council Member Hernandez Soto seeks Council consideration of a donation because of the impact the lack of SNAP benefits will have on many Visalia families. Tulare County reported that 38% of the people who receive SNAP benefits in the County are residents of Visalia.

Background Discussion:

Fiscal Impact: Unknown
Prior Council Action: N/A
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 Council Member Hernandez Soto to place an item on a future City Council agenda to discuss the possibility of a City donation to a food-based non-profit in Visalia.

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File #: 25-0511 Agenda Date: 11/3/2025 Agenda #: 13.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/3/2025
Attachments: N/A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0044 Agenda Date: 11/3/2025 Agenda #: 1.

Agenda Item Wording:

Public Hearing and adoption of Resolution No. 2025-74 Authorizing Fee Adjustment for Senior Meal Program - Conduct a Public Hearing to authorize the proposed fee adjustment for the Senior Lunch Program price on a multi-tiered pricing structure for Visalia Seniors and Non Visalia Seniors for dine-in and to-go meals and appropriate $17,000 from the General Fund.

Prepared by: Laurissa Roggenkamp, Recreation Manager [email protected] (559) 713-4365 and Jason Glick, Parks and Recreation Director [email protected] (559) 713-4042 Department Recommendation: Staff recommend that Council conduct a public hearing to adopt Resolution No. 2025-74 authorizing the proposed fee increase for the Senior Lunch Program and appropriate an additional $17,000 from the General Fund.

Summary:

The Senior Lunch Program utilizes a contracted caterer to provide weekday lunch service at the Visalia Senior Center. The previous contract commenced in February 2020 and expired in February 2025. While the City awaited completion of the formal proposal process, the caterer continued providing services on a month-to-month basis. To ensure continuity of service, the contractor has now agreed to a six-month contract, which includes an increase in the unit price from $4.50 to $10.00 per meal. Given increases in food, labor and other costs over the last five years, an increase in meal cost is not unreasonable.

The price for senior meals was last increased in the February of 2020 from $4.00 to $4.50 per meal for guests over the age of 55 years and from $4.50 to $5.00 per meal for guest under the age of 55 years and take-out meals.

The Senior Lunch Program is outlined in the City of Visalia Parks and Recreation Department Fee Policy, which is reviewed annually by the City Council and was most recently adopted during the Fiscal Year 2025-2026 Rates & Fee Review. Under this policy, the program is categorized as a shared Community and Individual Benefit, meaning its costs are offset equally by a City tax subsidy (50%) representing the community benefit, and participant fees (50%) representing the individual benefit.

To maintain the balance between the City subsidy and participant contributions, staff are proposing an increase in participant meal prices. To ease an abrupt impact on Visalia seniors, staff recommend implementing the increase in two increments:

Phase 1: Beginning December 1, 2025
· Visalia Seniors
o Dine -In: A price increase of up to $6
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File #: 25-0044 Agenda Date: 11/3/2025 Agenda #: 1.
o Take-Out: A price increase of up to $7
· Non-Seniors and Non- Visalia Residents
o Dine-In; A price increase of up to $10
o Take-Out: A price increase of up to $11
Phase 2: Beginning March 1, 2026
· Visalia Seniors:
o Dine-In: A price increase of up to $7.75
o Take-Out: A price increase of up to $8.75
An “up-to”amount is being recommended in the event that the bid for a new caterer comes in lower than the current price. In that case, staff could implement the lower rates immediately without going back through the fee revision process. However, in the interim, the prices shown in this report ($6/$7 and $7.75/8.75) would be assessed.

For non-Visalia residents and non-Visalia seniors, staff proposes implementing the full price ($10/ $11) increase effective December 1, 2025.

Background Discussion:

Program Background:

The City of Visalia Parks and Recreation Department offers a Senior Lunch Program on weekdays at the Visalia Senior Center. The intent of the Senior Lunch Program is to provide older adults in the community with access to affordable, nutritious meals in a welcoming and social environment. By offering a 50% subsidized meal service, the program supports both the nutritional needs and social well-being of seniors, helping reduce food insecurity and isolation among older residents. The shared cost structure, supported in part by City subsidy and participant fees, reflects the community’s commitment to promoting health, independence, and quality of life for Visalia’s senior population.

Contract Background:

Sue Sa Creative Catering has provided outstanding service and quality catering services since the beginning of the contract in February 2020. Between February 2020 and September 2025, the average daily meal service increased to 60 meals, representing a 67% growth compared to prior period (January 2017 - December 2019), which averaged 36 meals per day.

The original contract with Sue Sa Creative Catering expired in February 2025. The caterer agreed to continue services on a month-to-month basis while the City finalized the new Request for Proposals (RFP).

When the contract was first initiated, the unit price was $4.00 per meal, with the vendor eligible for annual increases per the California Price Index (CPI). The unit price increased to $4.06 in 2021, $4.36 in 2022 - 2023, and $4.50 in 2024 - 2025.

Meals were prepared on-site at the Visalia Senior Center, where the caterer was granted access to use the commercial kitchen for both the Senior Lunch Program and their non-City catering operations. Catering staff prepared the meals, and City staff were responsible for serving them to participants.

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File #: 25-0044 Agenda Date: 11/3/2025 Agenda #: 1.

Request for changes to contract terms:

On September 29, 2025, Sue Sa Creative Catering notified staff that they would be unable to continue providing meal service at the current rate effective November 1, 2025. Staff met with the vendor on October 4, 2025, to discuss options for continuing service. Following the meeting, Sue Sa submitted a proposal to continue the meal service with the following details.

Sue Sa's Creative Catering Proposal - Vendor Services:
· Develop the Monthly Menu Calendar.
· Prepare the food at Left of Center restaurant.
· Deliver meals daily in appropriate serving trays.
· Pick up the cleaned serving trays the next day.
o City Staff will clean and wash the serving trays prior to pick up.

Pricing: $10.00 per meal
Contract Length: 1 year (negotiated to 6 months)
Staff explored additional catering options, including Kaweah Health and other local providers.

However, Sue Sa Creative Catering was the only vendor to submit a proposal. in the time allotted.

Staff met internally to review the proposal and review the financial breakdown of the adjusted price.

Staff reapproached the vendor asking for a six-month contract in lieu of a one-year contract as the City was in the final stages in preparation to advertise the Request for Proposal for the Senior Lunch Program. Both the City and the vendor agreed to a six-month contract.

Visalia Senior Lunch Program Participant Fee Background:

The price for senior meals was last increased in February of 2020 from $4.00 to $4.50 per meal for guests over the age of 55 years and from $4.50 to $5.00 per meal for guest under the age of 55 years and take-out meals.

If the cost to the participant does not increase and remains at the current rate, the Senior Lunch Program would become increasingly dependent on the City’s subsidy. Under the City Council- approved Parks and Recreation Fee Policy, the program is classified as a shared Community and Individual Benefit service. Accordingly, program costs are intended to be offset equally-50% by a City subsidy (Community Benefit) and 50% by participant fees (Individual Benefit).

Other Senior Meal Programs in Neighboring Communities:

Staff will research grant-funded programs used by other agencies to support senior meal programs.

Many neighboring communities in Kings and Tulare Counties use a grant to subsidize the meal program. These agencies request a suggested donation ranging from $1.50 to $3.00 per meal.

Regardless of whether meals are prepared by an off-site caterer or in-house, all programs are required to have a registered dietician review their menus for compliance with dietary guidelines. It was noted that implementing these nutritional guidelines has resulted in smaller portion sizes and lower sodium menu options, which has led to lower participant satisfaction.

Considerations for Price Increase:

While the proposed fee increase for the Visalia Senior Lunch Program is primarily driven by rising contract costs, which is associated with the increase of labor and food, it is noted that there is a broader socioeconomic context affecting older adults. Many seniors do live on fixed incomes and Visalia City Council Printed on 10/31/2025Page 3 of 4
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File #: 25-0044 Agenda Date: 11/3/2025 Agenda #: 1.
there is less elasticity in their monthly income to accommodate rising costs.

Socialization is an important aspect of the Visalia Senior Center’smission. Many seniors come for the meal and stay to participate in the activities, which contributes greatly to their overall well-being.

However, an increase to the meal program cost may discourage seniors from attending. Staff will continue exploring for outreach opportunities and developing programs that encourage more seniors to participate in the wide range of activities offered at the center.

Fiscal Impact: The contractual increase in the per-meal rate will impact the operational budget and result in expenditures exceeding the budgeted amount . The budget for Senior Meals Contracted Services is $81,000. Invoices paid July 1 - September 5 total $7,209, with an additional $13,203 projected through the end of October at the current contract rate of $4.50 per meal, totaling $20,412.

The six-month projected cost at the new contractual rate of $10.00 per meal is $77,130. Totaling $97,542 for July 1, 2025 - April 30, 2026, for an over budget increase amount of $16,542. The remaining May 1 - June 30, 2026, projections are to be determined once proposals are received with the new RFP. These projections are dependent on senior participation levels. If participation decreases then the number of meals ordered from the caterer will reduce, and therefore total expenditures will decrease accordingly. Staff will continue to monitor participation and program costs closely to manage the fiscal impact.

Prior Council Action:
2015 - Increase meal prices from $3.50 to $4.00
2020 - Increase meal prices for Visalia Seniors from $4.00 to $4.50, increased fees for non-Visalia Seniors from $4.50 to $5.00.

Other: N/A
Alternatives: In lieu of raising participant meal fees from $4.50 to $7.75 for Visalia Seniors to maintain a balanced subsidy of 50%, Council may wish to consider increasing the City’ssubsidy to the Senior Lunch Program. Keeping the participant cost at the current rate of $4.50 would increase the City’ssubsidy amount to $91,416 a 70% subsidy, compared to the proposed 50% subsidy of $67,723.

Recommended Motion (and Alternative Motions if expected):

Move to adopt Resolution No. 2025-74 authorizing the increase the price of the senior meal program up to $10 for Visalia Seniors and up to $12 for non-Visalia Seniors as outlined in the report and appropriate an additional $17,000 from the General Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/3/2025
Attachments: Draft Resolution No. 2025-74
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RESOLUTION NO. 2025-74

A RESOLUTION OF THE COUNCIL OF THE CITY OF VISALIA, APPROVING THE FEE ADJUSTMENT FOR SENIOR MEAL PROGRAM TO THE CITY’S RATES AND FEES FOR THE FISCAL YEAR 2025-26

WHEREAS, the adjustments to the City’s Rates and Fees include, but are not limited to the following charges: Parks and Recreation Department’s senior meal program; and

WHEREAS, Resolution No. 92 -123 established a policy and procedure for the annual review and app roval of the City fees and charges which is compiled in a document entitled: City of Visalia Administrative Policy on Fees and Charges; and

WHEREAS, the City of Visalia has complied with its fee adjustment policy and procedures, its ordinances related to fee adjustment, the California Constitution, and California statutes relating to the adoption and amendment of fees and charges; and

WHEREAS, the Charter of the City of Visalia authorizes the imposition and adjustment of fees for city services including c ity-wide administrative services, general governmental services, community development services, community services, public safety services, public works services and engineering and transportation services, and directs the City Council to establish fees by resolution to provide for their adjustment; and

WHEREAS, the City of Visalia will amend the Parks and Recreation Department’s senior meal program; and

WHEREAS, it is necessary to amend the fees for the Parks and Recreation Department’s senior meal program, effective December 1, 2025; and

WHEREAS, in compliance with California Government Code Section 66016, et seq., notice of the time and place for the hearing on adjustment of the fees outlined herein has been given; and

WHEREAS, the City Council of the City of Visalia has reviewed the proposed adjustments to the 2025-26 City Rates and Fees Schedule for the fees and charges enumerated therein; and

WHEREAS, the City Council of the City of Visalia did conduct a public hearing on the proposed adjustment to the 2025-26 Rates and Fees Schedule on November 3, 2025.

NOW, THEREFORE, the City Council of the City of Visalia finds:

1. The fee and charge adjustments proposed herein comply with the City of Visalia Administrative Policy on Fees and Charges; or
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2. The fee and charge adjustments proposed herein comply with the adjustment requirements required by the authorizing ordinances; or

3. The fee and charge adjustments proposed comply with the increase requirements contained in Government Code section 66016, et seq.

4. The fees and charge adjustments are statutorily exempt from the California Environmental Quality Act either as fees and charges related to ministerial projects or that meeting operating expenses, financial reserve needs, further capital projects for services, or the purchasing or leasing of supplies; and

5. The findings required by authorizing ordinances enumerated herein to adopt fees have been made as a part of the respective original adopting resolutions of the Council.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia adopts the adjustment of the Rates and Fees for the Fiscal Year 2025-26. These newly established rates and fees will go into effect on December 1, 2025.

PASSED AND ADOPTED: LESLIE CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.

CITY OF VISALIA )

I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution No. 2025-74 passed and adopted by the Council of the City of Visalia at a regular meeting held on November 3, 2025.

Dated: November 3, 2025 LESLIE CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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Attachment

Senior Meal Program:

Phase 1: Beginning December 1, 2025
 Visalia Seniors
o Dine -In: A price increase of up to $6
o Take-Out: A price increase of up to $7

 Non-Seniors and Non- Visalia Residents
o Dine-In; A price increase of up to $10
o Take-Out: A price increase of up to $11
o
Phase 2: Beginning March 1, 2026
 Visalia Seniors:
o Dine-In: A price increase of up to $7.75
o Take-Out: A price increase of up to $8.75

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0492 Agenda Date: 11/3/2025 Agenda #: 2.

Agenda Item Wording:

City’sParticipation as the Project Lead and Primary Operator of the Regional Express Transit Service Project - Consider approval for the City to participate and serve as the project lead and primary services operator of the Regional Express Transit Service Project funded by the Tulare County Association of Governments, to include express transit service between Tulare and Kings Counties and the cities of Visalia and Tulare.

Deadline for Action: 11/3/2025
Submitting Department: Administration
Contact Name and Phone Number:

Angelina Baker, Transit Manager, [email protected] (559)713-4591 John Lollis, Assistant City Manager, [email protected], (559)713-4342 Department Recommendation:

Staff recommends that the City Council approve the City’sparticipation in and serving as the project lead and primary services operator of the Regional Express Transit Service Project, approve the draft Resolution authorizing the City Manager to execute the California Department of Transportation (Caltrans) Master Agreement and Program Supplement for Transit and Intercity Rail Capital Program Funding (TIRCP), and authorize the City Manager in coordination with the City Attorney to draft necessary agreements with the Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) and Caltrans for the Council’s formal approval.

Background Discussion:

Forecasts estimate that the combined population of Tulare and Kings Counties will approach 700,000 by 2030 (currently 638,460). Approximately 130,000 total daily trips are currently made along the State Route 198 corridor between the city of Farmersville and Naval Air Station (NAS) Lemoore, and the volume of trips between destinations on this corridor could increase by almost ten percent (10%) by 2030. Today, only one-half of one percent (0.5%) of these trips are made on public transit, and an operational express transit service spanning from Lindsay to NAS Lemoore could increase transit mode share close to six percent (6%) by capturing up to twenty (20) additional daily public transit trips.

Beginning with direction provided by the Tulare County Association of Governments (TCAG) Board of Governors at its Board Retreat in 2016, the strategic objective was established for the preservation and potential utilization of the historic San Joaquin Valley Railroad freight corridor as a valuable east- west transportation system linking Kings and Tulare Counties between the cities of Huron and Porterville, thus given the name the Cross Valley Corridor. Several planning studies to expand public transit services in Tulare County have been conducted and sponsored by the TCAG over the past twenty (20) years, with the most recent being the 2018 Cross Valley Corridor Plan and subsequent 2024 Kings-Tulare Cross Valley Corridor Phase 1 Operations Plan. Given the TCAG Board’s Visalia City Council Printed on 10/31/2025Page 1 of 4
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2024 Kings-Tulare Cross Valley Corridor Phase 1 Operations Plan. Given the TCAG Board’s Objective, the 2018 Plan envisioned a 75-mile high-frequency transportation corridor linking cities east to west across the valley utilizing the historic rail corridor, with future rail transit service planned between Porterville-Lindsay-Visalia-Hanford-Lemoore-Huron. The 2024 Operations Plan recommends incremental implementation of the 2018 Plan, with initial express transit service along the most active and viable segments. Additionally, the 2024 State Rail Plan identifies and supports express transit service along the Cross Valley Corridor, initially to connect with San Joaquins Amtrak trains at the Hanford Station, and later with high-speed rail trains at the Kings-Hanford Station upon the opening of that system.

The Regional Express Transit Service Project is comprised of two (2) separate but intersecting express transit services in the region, including the Cross Valley Express (CVX) project connecting communities of Tulare and Kings Counties primarily along the State Route 198 corridor, and a complimentary Bus Rapid Transit (BRT) system on the Mooney Boulevard (State Route 63) corridor between the Visalia and Tulare transit centers, with stops serving commercial retail destinations as well as the College of the Sequoias campus in Visalia. The CVX is planned to initially operate between the Farmersville Transit Center and the Hanford Amtrak Station.

Based upon the 2024 Operations Plan, the CVX would operate eight (8) transit vehicles at 30-minute service frequencies for 16-18 hours per day over the approximate thirty (30) miles between the Hanford Amtrak Station and the City of Farmersville Transit Center via Visalia, including stops at the Hanford Transit Center, Visalia Industrial Park (2), College of the Sequoias, Kaweah Health Medical Center, and the Visalia Transit Center. Visalia Transit would serve as the primary transit provider, supported by the Tulare County Regional Transit Agency (TCRTA) and Kings Area Regional Transit (KART). It is the goal that the CVX would begin operation in Fall 2028, including the development of a new transfer station in the Visalia Industrial Park (potentially at the TCOE Doe Center), installation of twelve (12) new CVX transit stops, and twenty (20) intersection traffic signal preemption systems.

Given all the current funding for the Project is sourced from State transit grant funds, zero-emission battery-electric and/or hydrogen fuel cell vehicles would be required of any procurement, and therefore the necessary EV-charging or hydrogen-fueling infrastructure would also need to be developed. It is hoped that the early success of the CVX would lead to connection to NAS Lemoore shortly after service is begun, as it is the expressed interest of the Station administration to have express transit service to Visalia for its personnel who live in the community and work at the Station.

The Mooney Boulevard BRT would operate along Mooney Boulevard with five (5) vehicles at 15- minute service frequencies for 16-18 hours per day over the approximate eleven (11) miles between the Tulare Transit Center and the Visalia Transit Center, including stops at Prosperity Avenue (Tulare), Visalia Parkway, Caldwell Avenue, Walnut Avenue, Tulare Avenue/College of the Sequoias (COS), and Kaweah Health Medical Center, intersecting with the CVX at COS, Kaweah Health and the Visalia Transit Center. Visalia Transit would serve as the primary transit provider, supported by TCRTA. It is also the goal that the BRT would begin operations in Fall 2028, including the installation of six (6) new BRT transit stops, twenty (20) intersection traffic signal preemption systems, and necessary EV-charging or hydrogen-fueling infrastructure. Given the significance of Mooney Boulevard as the regional commercial corridor, it will be imperative that the project not create additional congestion and/or interfere with commercial operations and development, and that the City maintain authority over the BRT routes, timing and operations.

In financial support of the Project, TCAG has submitted multiple federal and State transit grant applications, resulting in currently $69.38 million in State Transit and Intercity Rail Capital Program Visalia City Council Printed on 10/31/2025Page 2 of 4
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applications, resulting in currently $69.38 million in State Transit and Intercity Rail Capital Program (TIRCP) grant funds for capital improvements, including $49.1 million in capital improvements and $18.8 million for zero-emission vehicles, which $10.28 million in funding must be obligated with Caltrans by June 30, 2029 and expended by June 30, 2032. The remaining $59.1 million must be obligated with Caltrans by June 30, 2031, and expended by June 30, 2034. Given the combination of awarded capital and vehicle grant funding, TCAG has stated that the ongoing use and value of capital and infrastructure development be the priority for funding in development of the Project, given there are other various local, State and federal funding options for vehicle procurement. TCAG has also allocated an initial $7 million in State Senate Bill 125 transit funds toward operational support, as well as $1.5 million in State Senate Bill 743 mitigation funding from the State Route 99 Tulare Six- Lane and Paige Avenue Interchange Improvement Project toward operational support for the BRT.

The $49.1 million in funded capital improvements include the following:
· Signal Preemption/Street Improvements Construction: $12,410,000 · Construction Contractor Costs: $9,460,000
· Caltrans and City Indirect Costs: $7,580,000
· Transit Stop Facility Improvements Construction: $5,720,000 · EV and Charging Infrastructure Construction: $5,300,000 · Lindsay Transit Center: $4,400,000
· Design and Engineering: $4,230,000
As the most robust transit system in the region, TCAG has requested that the City of Visalia serve as the project lead and primary service provider. The City serving in this capacity will be of significant impact, both in the Engineering Department and the Administration-Transit Division, and will require extensive coordination with Caltrans given the significant number of intersection signal preemption system and street improvements within Caltrans jurisdiction and right-of-way, to which Caltrans has committed to identify a project manager on its behalf to coordinate with the City. The Caltrans Project Manager could potentially be the same for the State Route 63 Rehabilitation and Class II Bicycle Lane Project currently being planned for construction in 2028. The City has identified the specific need for a new Project Manager position in the Engineering Department to administer the City’s design/bid/build process and close coordination with necessary consultants and the identified Project Manager for Caltrans, as well as a likely the need for a new position in the Transit Division as the project grows closer to implementation.

There are currently several agreements being drafted and/or reviewed by legal counsel for future consideration in support of the Regional Express Transit Service Project, including a draft agreement between the City, TCAG and the TCRTA for “Operations”,a draft Cooperation Agreement between the City and Caltrans for “Capital Development”, a draft agreement between Caltrans, the City and TCAG for “Constructionof Capital Improvements”,a draft agreement between the City and Caltrans to be the recipient of State TIRCP transit grant funds, and a draft agreement between the City and TCAG to be the recipient of State SB 125 transit funds.

Given the magnitude of the capital improvements planned for the CVX and BRT express transit services and multi-year timeframe for development, it is possible for certain services to begin prior to final capital improvements (e.g. Visalia Transit matching KART service between the Visalia Transit Center and Hanford Transit Center).

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Fiscal Impact:

If approved for the City’s participation, this proposed Project will lead to the creation of a new CIP project for the Transit Division with Engineering Department assistance and support, and the receipt and responsibility for significant State and potentially federal transit grant funding.

As indicated in this report, upwards of $70 million in State transit grant funds have been awarded for the development of the Project, which are prioritized for capital and infrastructure development.

There are various local, State and federal funding sources available for transit vehicle procurement, and TCAG has already budgeted the projected first year of full buildout operations of $8.5 million.

As also indicated in this report, of the $69.38 million in State transit grant funds secured, $10.28 million in funding must be obligated with Caltrans by June 30, 2029, and expended by June 30, 2032.

The remaining $59.1 million must be obligated with Caltrans by June 30, 2031, and expended by June 30, 2034.

Prior Council Action: None
Other: N/A
Alternatives: Do not authorize the City’s participation in the Regional Express Transit Service Project and/or serve as the project lead.

Recommended Motion (and Alternative Motions if expected):

I move to approve the City’sparticipating in and serving as the project lead and primary services operator of the Regional Express Transit Service Project, approve the draft Resolution authorizing the City Manager to execute the California Department of Transportation (Caltrans) Master Agreement and Program Supplement for Transit and Intercity Rail Capital Program Funding (TIRCP), and authorize the City Manager in coordination with the City Attorney to draft necessary agreements with the Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) and Caltrans for the Council’s formal approval.

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

1. Draft Resolution 2025-73

2. Draft Caltrans Grant Recipient Agreement

3. Draft Memorandum of Understanding for “Operations”

4. Draft Memorandum of Understanding for “Capital Infrastructure”

5. CVX and Mooney BRT - System Map Exhibit

6. Meeting Presentation
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RESOLUTION NO. 2025-73

A RESOLUTION OF THE CITY OF VISALIA AUTHORIZING

THE CITY MANAGER TO EXECUTE A MASTER AGREEMENT AND

PROGRAM SUPPLEMENT WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE PURPOSE OF RECEIVING STATE TRANSIT AND

INTERCITY RAIL CAPITAL PROGRAM FUNDS

WHEREAS, the California State Transportation Agency (CalSTA), through the California Department of Transportation (Caltrans), has awarded $69.38 million in Transit and Intercity Rail Capital Program (TIRCP) funding for capital and vehicle investments in the Regional Express Transit Service Project; and WHEREAS, the Regional Express Transit Service Project includes two components: (1) the Cross Valley Express (CVX) service between the City of Farmersville and the City of Hanford, with key stops in Visalia, and (2) the Mooney Boulevard Bus Rapid Transit (BRT) service between the City of Tulare and the City of Visalia; and WHEREAS, the City of Visalia has been requested by the Tulare County Association of Governments (TCAG) to serve as the Project Lead Agency and primary service provider for both the CVX and BRT components of the Regional Express Transit Service Project; and
WHEREAS, the statutes governing the TIRCP require a local agency to enter into a Master Agreement and Program Supplement(s) with the California Department of Transportation before receiving reimbursement for eligible expenditures; and WHEREAS, the Caltrans requires a resolution from the governing board of the local agency authorizing execution of such agreements; and
WHEREAS, the City Council of the City of Visalia desires to delegate authority to the City Manager or designee to execute all required agreements and amendments necessary for the implementation and reimbursement of TIRCP-funded transit projects; and
WHEREAS, this action is necessary to secure current and future TIRCP funding for capital improvements, transit vehicles, and infrastructure associated with the Regional Express Transit Service Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Visalia hereby authorizes the City Manager or designee to execute the Caltrans Master Agreement, all associated Program Supplements, and any amendments thereto, with Caltrans for projects funded through the Transit and Intercity Rail Capital Program.

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BE IT FURTHER RESOLVED that the City of Visalia agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable laws, regulations, and guidelines governing the use of TIRCP funds.

PASSED AND ADOPTED: November 3, 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 2025-73 passed and adopted by the Council of the City of Visalia at a regular meeting held on November 3, 2025.

Dated: November 3, 2025 LESLIE B. CAVIGLIA, CITY CLERK

By Reyna Rivera, Chief Deputy City Clerk

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California State Transportation Agency

Transit and Intercity Rail Capital Program

Grant Recipient:

City of Visalia

CalSTA Transit and Intercity Rail Capital Program Administered by:

California Department of Transportation
Division of Local Assistance
1120 N Street, Room 3300
P.O. Box 942874, MS-39
Sacramento, California 94274-0001

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TABLE OF CONTENTS
RECITALS___________________________________________________________________________4 ARTICLE I - DEFINITIONS _____________________________________________________________5 ARTICLE II – TIRCP PROJECTS AND ADMINISTRATION ___________________________________7 Section 1. TIRCP Projects and Project Management _______________________________7 Section 2. Program Supplement __________________________________________________8 A. General __________________________________________________________________8 B. Project Overrun ___________________________________________________________9 C. Cost Savings and Project Completion ____________________________________ 10 D. Scope of Work __________________________________________________________ 10 E. Program Supplement Amendments ______________________________________ 11 Section 3. Allowable Costs and Payments _______________________________________ 11 A. Allowable Costs and Progress Payment Invoice ___________________________ 11 B. Final Invoice ____________________________________________________________ 12 ARTICLE III – GENERAL PROVISIONS ________________________________________________ 12 Section 1. Funding _____________________________________________________________ 12 Section 2. Audits and Reports __________________________________________________ 12 A. Cost Principles __________________________________________________________ 12 B. Record Retention _______________________________________________________ 13 C. Reporting Requirements _________________________________________________ 14 Section 3. Special Requirements ________________________________________________ 15 A. California Transportation Commission Resolutions _________________________ 15 B. Recipient Resolution _____________________________________________________ 16 C. Termination _____________________________________________________________ 16 D. Third Party Contracting __________________________________________________ 17 E. Change in Funds and Terms/Amendments _______________________________ 18 F. Project Ownership _______________________________________________________ 18 G. Disputes ________________________________________________________________ 20 H. Hold Harmless and Indemnification _______________________________________ 21 I. Labor Code Compliance ________________________________________________ 21 J. Non-Discrimination Clause _______________________________________________ 22 K. State Fire Marshal Building Standards Code _______________________________ 23 L. Americans with Disabilities Act ___________________________________________ 23 M. Access for Persons with Disabilities ________________________________________ 23 N. Disabled Veterans Program Requirements ________________________________ 23 O. Environmental Process ___________________________________________________ 24 P. Force Majeure __________________________________________________________ 24 ARTICLE IV – MISCELLANEOUS PROVISIONS _________________________________________ 25 Section 1. Miscellaneous Provisions _____________________________________________ 25 A. Successor Acts __________________________________________________________ 25 422
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B. Successor and Assigns to the Parties ______________________________________ 25 C. Notice __________________________________________________________________ 25 D. Amendment ____________________________________________________________ 26 E. Representation and Warranties of the Parties ______________________________ 26 F. Construction, Number, Gender and Captions _____________________________ 27 G. Complete Agreement ___________________________________________________ 27 H. Partial Invalidity __________________________________________________________ 28 I. Conflicts ________________________________________________________________ 28 J. Counterparts ____________________________________________________________ 28 K. Governing Law __________________________________________________________ 28 Appendix A - TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION __________ 30 Appendix B - RECIPIENT'S RESOLUTION ______________________________________________ 31

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STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

Effective Date of this Agreement: October 1, 2025, or upon final signature, whichever is later
Termination Date of this Agreement: October 1, 2035
Recipient: City of Visalia
Application Funding: The Greenhouse Gas Reduction Fund and Senate Bill 1 Fund are the applicable funding
source covered by this Agreement and will be
identified in each specific Program Supplement,
adopting the terms of this Agreement.

RECITALS

1. WHEREAS, The Global Warming Solutions Act of 2006, codified at Cal. Health & Safety C. § 38500 et seq. (the “Act”) (Assembly Bill [AB] 32, Nunez, Chapter 488) created a comprehensive program to reduce greenhouse gas emissions in California. The Act required California to reduce gree nhouse gases to 1990 levels by 2020, and to maintain and continue reductions beyond 2020. In March 2012, Governor Brown signed Executive Order B ‐16‐2012 affirming a long ‐range climate goal for California to reduce greenhouse gases from the transportation s ector to 80 percent below 1990 levels by 2050.

2. WHEREAS, the Cap ‐and‐Trade Program is a key element in California ’s climate plan. It creates a limit on the emissions from sources responsible for 85 percent of California’s greenhouse gas emissions, establish es the price signal needed to drive long ‐term investment in cleaner fuels and more efficient use of energy, and gives covered entities flexibility to implement the lowest ‐cost options to reduce greenhouse gas emissions.

3. WHEREAS, in 2012, the Legislature pa ssed and Governor Brown signed into law three bills, AB 1532 (Pérez, Chapter 807, Statutes of 2012), Senate Bill (SB) 535 (De León, Chapter 830, Statutes of 2012), and SB 1018 (Budget and Fiscal Review Committee, Chapter 39, Statutes of 2012), that establi shed the Greenhouse Gas Reduction Fund (GGRF) to receive proceeds from the distribution of allowances via auction and provided the framework for how those auction proceeds will be appropriated and expended. These statutes require that expenditures from the GGRF be used to facilitate the achievement of greenhouse gas emission reductions and further the purposes of the Act.
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4. WHEREAS, in 2017, the Legislature passed and Governor Brown signed into law the Road Repair and Accountability Act of 2017 SB 1, which directed additional funding to the Transit and Intercity Rail Capital Program (TIRCP).

5. WHEREAS, TIRCP is funded pursuant to Public Resources Code section 75220 et seq. and Health and Safety Code section 39719 et seq.

6. WHEREAS, as directed by Cal. Pub. Resources C. §§ 75223, 75224, CalSTA has established and updated TIRCP Program Guidelines that describe the policy, standards, criteria, and procedures for the development, ado ption and management of the TIRCP Program.

7. WHEREAS, Recipient submitted an application, been evaluated and selected by CalSTA in accordance with the TIRCP Program Guidelines.

8. WHEREAS, on August 17, 2015, CalSTA delegated the administration of the TIRCP Program to the Department pursuant to the TIRCP Program Guidelines and the Department’s policies and procedures for the administ ration of similar grant programs.

9. NOW THEREFORE, in consideration of the recitals and the rights, duties and covenants set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties h ereby agree to the following:

10. This Agreement, entered into effective as of the date set forth above, is between the signatory public entity identified hereinabove, (hereinafter referred to as Recipient), and the STATE OF CALIFORNIA, acting by and through the California Department of Transportation (hereinafter referred to as DEPARTMENT), and subject to the approval of the California State Transportation Agency (CalSTA).

ARTICLE I - DEFINITIONS
The terms defined in this Article I shall for all purposes of this Agreement have the meanings specified herein.

1.1 “Act” refers to the Global Warming Solutions Act of 2006 (the “A ct”) (Assembly Bill [AB] 32, Nunez, Chapter 488) codified at Cal. Health & Safety C. §§ 38500 et seq.

1.2 “Agreement” shall mean this Agreement, inclusive of all appendices and Program Supplements, whereby the Department, on behalf of CalSTA, and pursuant to the Act and as set forth herein, administers the TIRCP Program. 425
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1.3 “Award Agreement” shall mean a project -specific subcontract to this agreement executed following Project award and may include Project specific information, expected outcomes, and deliverables.

1.4 “California Department of Transportation” or “Caltrans” or “Department” or “State” means the State of California, acting by and through its Department of Transportation of the State of the State of California, and any entity succeeding to the powers, authorities and responsibilities of the Department invoked by or under this Agreement or the Program Supplements.

1.5 “California Transportation Commission” or “CTC” shall refer to the commission established in 1978 by Assembly Bill 402 (Chapter 1106, Statutes of 1977).

1.6 “Effective Date” means the date set forth on page 4 of this Agreement.

1.7 “Greenhouse Gas Reduction Funds” or “GGRF” shall mean the funds subject to Chapter 26, Statutes of 2014, authorizing the State to fund capital improvements and operational investments for California’s transit systems and intercity, commuter, and urban rail systems.

1.8 “Senate Bill 1” or “SB 1” shall mean the funds subject to Chapter 5, Statutes of 2017, authorizing the State to fund capital improvements and investments for California’s transit systems and intercity, commuter, and urban rail systems.

1.9 “Overall Fundin g Plan” has the meaning set forth in Article II, Section 2(A)(5)(c).

1.10 “Program Guidelines” shall mean the policy, standards, criteria, and procedures for the development, adoption and management of the TIRCP Projects established by CalSTA and provided in Appendix A.

1.11 “Program Supplement” shall mean a project -specific subcontract to this Agreement that is executed following a CTC approved action and includes all Project specific information needed to encumber funding and shall include expected outcomes and deliverables . Also referred to as Project Supplement Agreement.

1.12 “Program Supplement Last Expenditure Date” and refers to the last date for Recipient to incur valid Project costs or credits.

1.13 “Program Supplement Termination ” shall occur when the Recipient ’s obligations have been fully performed as set forth in Article II, Section 2D and Article III, Section 3(C)(2) or when terminated by convenience as set forth in Article III, Section 3(C)(1).

1.14 “Project” shall mean the project identified in Recipient’s application. 426
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1.15 “Project Closeout Report” shall have the meaning set forth in Article II, Section 3(B).

1.16 “Project Financial Plan” shall have the meaning set forth in Article II, Section 2(A)(5)(d).

1.17 “Progress Payment Invoice” shall have the meaning set forth in Article II, Section 3A.

1.18 “Project Schedule” has the meaning set forth in Article II, Section 2(A)(5)(b).

1.19 “Scope of Work” has the meaning set forth in Article II, Section 2(A)(5)(a).

1.20 “Secretary” shall mean the Secretary of the California State Transportation Agency (CalSTA). Unless the context otherwise requires, any reference to the Secretary includes CalSTA and its officers and employees.

1.21 “State” shall mean the State of California.

1.22 “TIRCP Projects” shall mean projects that are selected and funded pursuant to the Transit and Intercity Rail Capital Program.

ARTICLE II – TIRCP PROJECTS AND ADMINISTRATION
Section 1. TIRCP Projects and Project Management

1. TIRCP Projects, pursuant to the Act, are established by CalSTA in accordance with the TIRCP Program Guidelines. Under delegation from CalSTA, the Department will administer the TIRCP Program in accordance with the TIRCP Program Guidelines and best management pr actices identified in the administration of similar Department grant programs.

2. By this reference, TIRCP Program Guidelines are made an express part of this Agreement and shall apply to each TIRCP Program funded Project as may be amended or updated. Recipient will cause its specific TIRCP mandated Resolution to be attached as part of any TIRCP funded Program Supplement as a condition precedent to the acceptance of GGRF or SB 1 Funds (upon availability and allocation), for such project.

3. All inquiries during the term of this Agreement and any applicable Program Supplement will be directed to the project representatives identified below:

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State’s Project Administrator:

Department of Transportation
Cinthia Spitaleri
Central Branch Chief
Capital Projects Central Branch
Phone: (916) 584-2998
Email: [email protected]
Recipient’s Project Administrator:

City of Visalia
Leslie Caviglia
City Manager
Phone: (559)713-4314
Email: [email protected]
Section 2. Program Supplement
A. General

1. This Agreement shall have no force and effect with respect to the Project unless and until a separate Project specific program supplement hereinafter referred to as “Program Supplement,” adopting all of the terms and conditions of this Agreement has been fully executed by both State and Recipient.

2. Recipient agrees to complete the defined scope of work for the Project, described in the Program Supplement adopting all of the terms and conditions of this Agreement.

3. A financial commitment of actual funds will only occur in each detailed and separate Program Supplement. No funds are obligated by the prior execution of this Agreement alone.

4. Recipient further agrees, as a condition to the release and payment of the funds encumbered for the scope of work described in each Program Supplement, to comply with the terms and conditions of this Agreement and all the agreed - upon special covenants and conditions attached to or made a part of the Program Supplement identifying and defining the nature of that specific scope of work.

5. The Program Supplement shall include a detailed scope of work, which shall include but not be limited to, a Project Description, a Project Schedule, an Overall Funding Plan, and a Project Financial Plan as required in the TIRCP Program Guidelines.
a. The Scope of Work shall include a detailed description of the Project and will itemize the major tasks and their estimated costs. b. The Project Schedule shall include major tasks and/or milestones and their associated beginning and ending dates and duration. 428
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c. The Overall Funding Plan shall itemize the various Project Components, the committed funding program(s) or sou rce(s), and the matching funds to be provided by Recipient and/or other funding sources, if any [these Components include Environmental and Permits; Plans, Specifications and Estimates (PS&E); Right-of-Way (ROW); and Construction (including transit vehicle acquisition)]. d. The Project Financial Plan shall identify estimated expenditures for the Project Component by funding source , provided that for the purposes of this Agreement the State is only monitoring compliance for expenditures for the TIRCP, including but not limited to GGRF and SB 1 Funds allocated for the Project Component.

6. Adoption and execution of the Program Supplement by Recipient and State, incorporating the terms and conditions of this Agreement into the Program Supplement as though fully set forth therein, shall be sufficient to bind Recipient to these terms and conditions when performing the Project. Unless otherwise expressly delegated to a third -party in a resolution by Recipient’s governing body, which delegation must be expressly assented to and concurred in by State, the Program Supplement shall be managed by Recipient.

7. The estimated cost and scope of the Project will be as described in the applicable Program Supplement. The State shall not participate in any funding for the Project beyond those amounts actually encumbered by the STATE as evidenced in the applicable Program Supplement unless the appropriate steps are followed and approval is granted by the CTC as described below.

8. Upon the stated expiration date of this Agreement, any Program Supplement executed under this Agreement for the Project with obligations yet to be completed pursuant to the approved Project Schedule, deliverables, and reporting requirements shall be deemed to extend the term of this Agreement only to conform to the specific Project termination or completion date , including completion of deliverables and reporting requirements, contemplated by the applicable Program Supplement to allow that u ncompleted Project to be administered under the extended terms and conditions of this Agreement.

9. Total project cost includes the cost of a project for all phases (Plans, Specifications, and Estimates (PS&E), Project Approval and Environmental Document (PA&ED) Right-of-Way (ROW), and Construction (CON) including rolling stock) of a Project from start to finish.

B. Project Overrun

1. If Recipient or the State determine, at any time during the performance of the Project, that the Project budget may be exceeded, Recipient shall take the following steps:
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a. Notify the designated State representative of the nature and projected extent of the overrun and, within a reasonable period thereafter, identify and quantify potential cost savings or other measures which Recipient will institute to bring the Project Budget into balance; and
b. Identify the source of additional Recipient or other third -party funds that can be made available to complete Project. Recipient agrees that the allocation of the GGRF and SB 1 funds is subject to the allocation proposed by the CalSTA, submitted by the State, and approved by the CTC.

C. Cost Savings and Project Completion

1. Recipient is encouraged to evaluate design and construction alternatives that would mitigate the costs of delivering the commitments for the Project.

Recipient shall take all steps necessary on a commercially reasonable basis that would generally be taken in accordance with best management practices. In determining cost savings, the Parties shall take into account all avoided costs, including avoided design, material, equipment, labor, construction, testing, acceptance and overhead costs and avoided costs due to time savings, and all the savings in financing costs associated with such avoided costs.

2. If there is an identification and implementation of any CalSTA approved alternative resulting in reduction of the Project costs, the parties agree that the recipient shall provide a prorated share of Project or TIRCP funded Project component cost savings based on the overall project match to the Department no later than 30 days after the submission of the final invoice. Subject to CalSTA’s approval, savings may be used towards another project component or towards increasing project benefits that are consistent with the original project award while maintaining the overall project match referenced in the project award and program supplements.

3. Program supplements w ill indicate the Project or Component proration of funding match.

4. The Recipient agrees to complete the Project and accepts sole responsibility for the payment of any cost increases. If either the Project or the funded components are not completed, the Recipient shall bear the burden of full TIRCP funds reimbursement to the Department.

D. Scope of Work

1. Recipient shall be responsible for complete performance of the work described in the approved Program Supplement for the Project related to the commitment of encumbered funds. All work shall be accomplished in accordance with t he applicable provisions of the Act, Public Utilities Code, the Streets and 430
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Highways Code, the Government Code, and other applicable statutes and regulations.

2. Recipient acknowledges and agrees that Recipient is the sole control and manager of the Project and its subsequent employment, operation, repair and maintenance for the benefit of the public. Recipient shall be solely responsible for complying with the funding and use restrictions established by (a) the statutes from which the GGRF and SB1 Funds are derived, (b) the CTC, (c) the State Treasurer, (d) the Internal Revenue Service, (e) the applicable Program Supplement, and (f) this Agreement.

3. Recipient acknowledges and agrees that the Recipient is responsible for complying with all reporting requirements established by the TIRCP Guidelines and California Air Resource Board (CARB) Funding Guidelines.

E. Program Supplement Amendments
Program Supplement amendments will be required whenever there are CalSTA or CTC approved actions, including but not limited to, Financial Allocations, Financial Allocation Amendments, Time Extensions and Technical Corrections . These changes shall be mutually binding upon the Parties only following the execution of a Program Supplement amendment.

Section 3. Allowable Costs and Payments
A. Allowable Costs and Progress Payment Invoice

1. Not more frequently than once a month, Recipient will prepare and submit to State signed Progress Payment Invoice for actual Project costs incurred and paid for by Recipient consistent with the allocation and Scope of Work document in the Program Supplement and State shall pay those uncontested allowable costs once the invoice is reviewed and approved by the Department, subject to CalSTA’s approval. If no costs were incurred during any given quarter, Recipient is exempt from submitting a signed Progress Payment Invoice.

2. State shall not be required to reimburse more funds, cumulatively, per quarter of any fiscal year greater than the sums identified and included in the Project Financial Plan. The State shall hold the right to determine reimbursement availability based on an approved expenditure plan and TIRCP anticipated or actual funding capacity. Each such invoice will report the total of Project expenditures from GGRF and SB 1 Funds (including those of Recipient and third parties) and will specify the percent of State reim bursement requested and the GGRF and SB 1 Funds source.
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B. Final Invoice
The Program Supplement Last Expenditure Dates(s) refer to the last date for Recipient to incur valid Project costs or credits. Recipient has one hundred and eighty (180) days after th at Last Expenditure Date to make already incurred final allowable payments to Project contractors or vendors, prepare the Project Closeout Report, and submit the final invoice to State for reimbursement of allowable Project costs before those remaining State funds are unencumbered and those funds are reverted as no longer available to pay any Project costs.

Recipient expressly waives any right to allowable reimbursements from State pursuant to this Agreement for costs incurred after tha t termination date and for costs invoiced to Recipient for payment after that one hundred and eightieth (180th) day following the Project Last Expenditure Date.

ARTICLE III – GENERAL PROVISIONS
Section 1. Funding

1. Recipient agrees to contribute at least the statutorily or other required local contribution of matching funds (other than State or federal funds), if any is specified within the Program Supplement or any appendices thereto, toward the actual cost of the Project or the amount, if any, specified in any executed SB 2800 (Streets and Highways Code Section 164.53) Agreement for local match fund credit, whichever is greater. Recipient shall contribute not less than its required match amount toward the Project cost in accordance with a schedule of payments as shown in the Project Financial Plan prepared by Recipient and approved by State as part of a Program Supplement.

Section 2. Audits and Reports
A. Cost Principles

1. Recipient agrees to comply with Title 2 Code of Federal Regulations 200 (2 CFR 200) Uniform Administrative Requirements, Cost Principles for State and Local Government, and Audit Requirements for Federal Awards.

2. Recipient agrees, and will assure that its contractors and subcontract ors will be obligated to follow 2 CFR 200 and which shall be used to determine the allowability of individual Project cost ite ms. Every sub -recipient receiving Project funds as a contractor or sub -contractor under this Agreement shall comply with 2 CFR 200.

3. Any Project costs for which Recipient has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR 200, are subject to repayment by Recipient to State. Should Recipient fail to reimburse 432
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moneys due State within thirty (30) days of demand, or within such other period as may be agreed in writing between the Parties hereto, State is authorized to intercept and withhold future payments due to Recipient from State or any third - party source whose funding passes through the State, including but not limited to, the State Treasurer, the State Controller and the CTC.

4. The State may terminate the grant for any reason at any time if it is determined by the State, based on an audit under this section, that there has been a violation of any State or federal law or policy by the Recipient during performance under this or any other grant agreement or contract entered into with the State. If the grant is terminated under this section , the Recipient may be required to fully or partially repay funds.

B. Record Retention

1. Recipient agrees, and will assure that its contractors and subcontractors shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line item for the Project. The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of Recipient, its contractors and subcontractors connected with Project performance under this Agreement and each Program Supplement shall be maintained for a minimum of three (3) years from the date of final payment to Recipient under a Program Supplement and shall be held open to inspection, copying, and audit by representatives of State, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by Recipient, its contractors, and subcontractors upon receipt of any request made by State or its agents. In conducting an audit of the costs and match credits claimed under this Agreement, State will rely to the maximum extent possible on any prior audit of Recipient pursuant to the provisions of federal and State law. In the absence of such an audit, any acceptable audit work performed by Recipient’s external and internal auditors may be relied upon and used by State when planning and conducting additional audits.

2. For the purpose of determining compliance with Title 21, California Code of Regulations, Section 2500 et seq., when applicable, and other matters connected with the performan ce of Recipient’s contracts with third parties pursuant to Government Code section 8546.7, Recipient, Recipient’s contractors and subcontractors, and State shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall 433
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make such Agreement and Program Supplement materials availa ble at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to Recipient under any Program Supplement. State, the California State Auditor, or any duly authorized representative of State or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to the Project for audits, examinations, excerpts, and transactions, and Recipient shall furnish copies thereof if requested.

3. Recipient, its contractors and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Emplo yment Practices and Housing Commission, or any other agency of the State of California designated by State, for the purpose of any investigation to ascertain compliance with this Agreement and the Act.

C. Reporting Requirements

1. Reporting requirements of Reci pient will include whether reported implementation activities are within the scope of the Project Program Supplement and in compliance with State laws, regulations, and administrative requirements.

2. TIRCP Progress Reporting shall be no more frequently than monthly and no less frequently than quarterly at the discretion of the State and shall generally include the following information;
a. Activities and progress made towards implementation of the project during the reporting period and activities anticipated to take place in the next reporting period;
b. Identification of whether the Project is proceeding on schedule and within budget;
c. Identification of whether the Project Deliverables are proceeding on schedule.
d. Identification of changes to the Project funding plan, milestone schedule, or deliverables completion date;
e. Any actual or anticipated problems which could lead to delays in schedule, increased costs or other difficulties for either the Project or other Sta te funded projects impacted by the Project ’s scope of work and the efforts or activities being undertaken to minimize impacts to schedule, cost, or deliverables; 434
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3. CARB Reporting shall be no more frequently than monthly and no less frequently than semiannually at the discretion of CARB and shall include the following information (subject to modification by CARB); a. Identify metrics and benefits achieved for disadvantaged communities, low income communities, and/or low-income households; b. continued reporting foll owing project implementation to identify benefits achieved.
c. Any and all other requirements instituted by CARB.

4. Within one year of the Project or reportable Project components becoming operable, the implementing agency must provide a final delivery report i ncluding at a minimum:
a. Scope of completed Project as compared to Programmed Project; b. Performance outcomes derived from the project as compared to outcomes described in the Project application and shall include but not be limited to before and after measure ments and estimates for ridership, service levels, greenhouse gas reductions, updated estimated greenhouse gas reductions over the life of the project, benefits to disadvantaged communities, low income communities, and/or low income households, and project co-benefits as well as an explanation of the methodology used to quantify the benefits. c. Before and after photos documenting the project
d. The final costs as compared to the approved project budget by component and fund type, and an estimate of the TIRCP fun ds spent to benefit disadvantaged communities, low -income communities, and/or low -income households, and
e. The project duration as compared to the project schedule in the project application.

Section 3. Special Requirements
A. California Transportation Commission Resolutions

1. Recipient shall adhere to applicable CTC policies on “Timely Use of Funds” as stated in Resolution G-06-04, adopted April 26, 2006, addressing the expenditure and reimbursement of GGRF and SB 1 Funds . These resolutions, and/or successor resolutions in place at the time a Program Supplement is executed, shall be applicable to GGRF and SB 1 funds, respectively.
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2. Recipient shall be bound to the terms and conditions of this Agreement, the Project application contained in the Program Supplement (as applicable); and CTC Resolutions G-06-04, G-09-11 and/or their respective successors in place at the time the Program Supplement is signed (as applicable) and all restrictions, rights, duties and obligations established therein on behalf of State and CTC shall accrue to the benefit of the CTC and shall thereafter be subject to any necessary enforcement action by CTC or State. All terms and conditions stated in the aforesaid CTC Resolutions and CTC -approved Guidelines in place at the time the Program Supplement is signed (if applicable) shall also be considered to be binding provisions of this Agreement.

3. Recipient shall conform to any and all permit and mitigation duties associated with Project as well as all environmental obligations established in CTC Resolution G-91-2 and/or its successors in place at the time a Program Supplement is signed, as applicable, at the expense of Recipient and/or the responsible party and without any further financial contribu tions or obligations on the part of State unless a separate Program Supplement expressly provides funding for the specific purpose of hazardous materials remediation.

B. Recipient Resolution

1. Recipient has executed this Agreement pursuant to the authorizing Recipient resolution, attached as Appendix B to this Agreement, which empowers Recipient to enter into this Agreement and which may also empower Recipient to enter into all subsequent Program Supplements adopting the provisions of this Agreement.

2. If Recipient or State determines that a separate Resolution is needed for each Program Supplement , Recipient will provide information as to who the authorized designee is to act on behalf of the Recipient to bind Recipient with regard to the terms and conditi ons of any said Program Supplement or amendment and will provide a copy of that additional Resolution to State with the Program Supplement or any amendment to that document.

C. Termination

1. Termination Convenience by State
a. State reserves the right to terminate funding for any Program Supplement, subject to CalSTA approval, upon written notice to Recipient in the event that Recipient fails to proceed with Project work in accordance with the Program Supplement, or otherwise violates the conditions of this Agreement and/or the Program Supplement or the funding allocation such that substantial performance is significantly endangered.
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b. No such termination shall become effective if, within thirty (30) days after receipt of a notice of termination, Recipient either cures the default involved or, if not reasonably susceptible of cure within said thirty (30)-day period, Recipient proceeds thereafter to complete the cure in a manner and time line acceptable to State. Any such termination shall be accomplished by delivery to Recipient of a notice of termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this Agreement is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, Recipient and State shall meet to attempt to resolve any dispute.
c. Following a fund encumbrance made pursuant to a Program Supplement, if Recipient fails to expend GGRF or SB 1 monies within the time allowed specified in the Program Supplement, those funds may revert, and be deemed withdrawn and will no longer be available to reimburse Project work unless those funds are specifically made available beyond the end of that Fiscal Year through re-appropriation or other equivalent action of the Legislature and written notice of that action is provided to Recipient by State. d. In the event State terminates a Program Supplement for convenience and not for a default on the part of Recipient as is contemplated in this section, Recipient shall be reimbursed its authorized costs up to State’s proportionate and maximum share of allowabl e Project costs incurred to the date of Recipient’s receipt of that notice of termination, including any unavoidable costs reasonably and necessarily incurred up to and following that termination date by Recipient to effect such termination following receipt of that termination notice.

2. Termination After Recipient’s Obligations Fully Performed Following project completion, and all obligations as defined in the TIRCP Guidelines, CARB Guidelines, and Program Supplement are fully performed, including Project completion of all deliverables and reporting, the Program Supplement shall be terminated. If the Project obligations are not fully performed, as defined under this section, the Recipient may be required to fully or partially repay funds.

D. Third Party Contracting

1. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written app roval of State.

Contracts awarded by Recipient, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. 437
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2. Any subcontract entered into by Recipient as a result of this Agreement shall contain the provisions of ARTICLE II I – GENERAL PROVISIONS, Section 2. Audits and Reports and shall mandate that travel and per diem reimbursements and third - party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors.

3. In addition to the above, the preaward requirements of third-party contractor/consultants with local transit agencies should be consistent with Local Program Procedures (LPP-00-05).

E. Change in Funds and Terms/Amendments
This Agreement and the resultant Program Supplements may be modified, altered, or revised only with the joint written consent of Recipient and State.

F. Project Ownership

1. Unless expressly provided to the contrary in a Program Supplement, subject to the terms and provisions of this Agreement, Recipient, or a designated subrecipient acceptable to State, as applicable, shall be the sole owner of all improvements and property included in the Project constructed, installed or acquired by Recipient or subrecipient with funding provided to Recipient under this Agreement. Recipient, or subrecipient, as applicable, is obligated to continue operation and maintenance of the physical aspects of the Project dedicated to the public transportation purp oses for which Project was initially approved unless Recipient, or subrecipient, as applicable, ceases ownership of such Project property; ceases to utilize the Project property for the intended public transportation purposes; or sells or transfers title to or control over Project and State is refunded the Credits due State as provided in paragraph (2) herein below.

2. Project right-of-way, Project facilities constructed or reconstructed on the Project site and/or Project property (including vehicles and vessels) purchased by Recipient (excluding temporary construction easements and excess property whose proportionate resale proceeds are distributed pursuant to this Agreement) shall remain permanently dedicated to the described public transit use in the same proportion and scope, and to the same extent as mandated in the Program Supplement, unless State agrees otherwise in writing. Vehicles acquired as part of Project, including, but not limited to, buses, vans, rail passe nger equipment, shall be dedicated to that public transportation use for their full economic life cycle, which, for the purpose of this Agreement, will be determined in accordance with standard national transit practices and applicable rules and guidelines , including any extensions of that life cycle achievable by reconstruction, rehabilitation or enhancements. The exceptions to this section are outlined below:
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a. Except as otherwise set forth in this Section, State, or any other State- assignee public body acting on behalf of the CTC, shall be entitled to a refund or credit (collectively the Credit), at State’s sole option, equivalent to the proportionate Project funding participation received by Recipient from State if Recipient, or a sub -recipient, as applicable, (i) ceases to utilize Project for the original intended public transportation purposes or (ii) sells or transfers title to or control over Project. If federal funds (meaning only those federal funds received directly by Recipient and not federal funds derived through or from the State) have contributed to the Project, Recipient shall notify both State and the original federal source of those funds of the disposition of the Project assets or the intended use of those sale or transfer receipts.
b. State shall also be entitled to an acquisition c redit for any future purchase or condemnation of all or portions of Project by State or a designated representative or agent of State.
c. The Credit due State will be determined by the ratio of State’s funding when measured against the Recipient’s funding participation (the Ratio). For purposes of this Section , the State’s funding participation includes federal funds derived through or from State. That Ratio is to be applied to the then present fair market value of Project property acquired or constructed as provided in (d) and (e) below.
d. For Mass Transit vehicles, this Credit [to be deducted from the then remaining equipment value] shall be equivalent to the percentage of the full extendable vehicle economic life cycle remaining, multiplied by the Ratio of funds provided for that equipment acquisition. For real property, this same funding Ratio shall be applied to the then present fair market value, as determ ined by State, of the Project property acquired or improved under this Agreement. e. Such Credit due State as a refund shall not be required if Recipient dedicates the proceeds of such sale or transfer exclusively to a new or replacement State approved public transit purpose, which replacement facility or vehicles will then also be subject to the identical use restrictions for that new public purpose and the Credit ratio due State should that replacement project or those replacement vehicles cease to be used for that intended described pre-approved public transit purpose.
i. In determining the present fair market value of property for purposes of calculating State’s Credit under this Agreement, any real property portions of the Project site contributed by Recipient shall not be included. In determining State’s proportionate funding participation, State’s contributions to third parties (other than Recipient) shall be included if those contributions are incorporated into the Project.
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ii. Once State has received the Credit as provided for above because Recipient, or a sub-recipient, as applicable, has (a) ceased to utilize the Project for the described intended public transportation purpose(s) for which State funding was provided and State has not consented to that cessation of services or (b) sold or transferred title to or control over Project to another party (absent State approval for the continued transit operation of the Project by that successor party under an assignment of Recipient’s duties and obligations ), neither Recipient, subrecipient, nor any party to whom Recipient or subrecipient, as applicable, has transferred said title or control shall have any further obligation under this Agreement to continue operation of Project and/or Project facilities for those described public transportation purposes, but may then use Project and/or any of its facilities for any lawful purpose.
iii. To the extent that Recipient operates and maintains Intermodal Transfer Stations as any integral part of Project, Recipient shall maintain each station and all its appurtenances, including, but not limited to, restroom facilities, in good condition and repair in accordance with high standards of cleanliness (Public Utilities Code section 99317.8). Upon request of State, Recipient shall also authorize State-funded bus services to use those stations and appurtenances without any charge to State or the bus operator. This permitted use will include the placement of signs and informational material designed to alert the public to the ava ilability of the State-funded bus service (for the purpose of this paragraph, "State -funded bus service" means any bus service funded pursuant to Public Utilities Code section 99316).

G. Disputes
Parties shall develop a mutually agreed upon issue resolution process, as described below, and issues between the Parties are to be resolved in a timely manner. The Parties agree to the following:

1. If the Parties are unable to reach agreement on any particular issue relating to either Parties’ obligations pursuant to this Agreement, the Parties agree to promptly follow the issue resolution process as outlined below:
a. The Department’s project manager and the Recipient’s equivalent may initiate the process of informal dispute resolution by providing the other Party with written notice of a dispute. The written notice shall provide a clear statement of the dispute and shall refer to the specific provisions of this Agreement or Program Supplement that pertain to the dispute. The Department’s project manager and the Recipient’s equivalent shall meet and attempt to resolve the dispute within five days from the written notice. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties.
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b. If the dispute is not resolved by the fifth day from the written notice, the Department’s senior project manager and the Recipient’s equivalent shall meet and review the dispute within five days. The Department’s senior project manager and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of their initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties.
c. If the dispute is not resolved by the tenth day, the Department’s Director or his designee and the Recipient’s equivalent manager shall meet and review the dispute within five days. The Department’s Director or his designee and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of the initial meeting. If the dispute is resolved, the Parties shall cre ate and sign a short description of the facts and the resolution that was agreed upon by the Parties.

If the dispute is not resolved by the tenth day by the Department’s Director or his designee and the Recipient’s equivalent manager, the Parties shall su bmit the matter to the Secretary of CalSTA for a final administrative determination.

H. Hold Harmless and Indemnification

1. Neither State nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by Recipient, its agents and contractors under or in connection with any work, authority, or jurisdiction deleg ated to Recipient under this Agreement or any Program Supplement or as respects environmental clean-up obligations or duties of Recipient relative to Project. It is also understood and agreed that, Recipient shall fully defend, indemnify and hold the CTC and State and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done by Recipient under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement and all Program Supplements.

2. Recipient shall indemnify, defend and hold harmless State, the CTC and the State Treasurer relative to any misuse by Recipient of State funds, Project property, Project generated income or other fiscal acts or omissions of Recipient.

I. Labor Code Compliance
Recipient shall include in all subcontracts awarded using Project funds, when applicable, a clause that requires each subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720 -1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the Recipient. 441
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J. Non-Discrimination Clause

1. In the performance of work under this Agreement, Recipient, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, natio nal origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free f rom such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereun der (California Code of Regulations, Title 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the Californ ia Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Each of Recipient’s contractors and all subcontractors shall give written notice of their obligations under this clause to labor orga nizations with which they have a collective bargaining or other agreements, as appropriate.

2. Each of the Recipient’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the non-discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement.

3. Should federal funds be consti tuted as part of Project funding or compensation received by Recipient under a separate Contract during the performance of this Agreement, Recipient shall comply with this Agreement and with all federal mandated contract provisions as set forth in that applicable federal funding agreement.

4. Recipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement.

5. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of The Civil R ights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes—Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term “Contractor” appears therein, it shall mean the Recipient.
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6. The R ecipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other p ertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J.

K. State Fire Marshal Building Standards Code
The State Fire Marshal adopts building standards for fire safety and panic prevention. Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State -owned or State -occupied buildings per section 13108 of the Health and Safety Code. When applicable, Recipient shall request that the State Fire Marshal review Project PS&E to ensure Project consistency with State fire protection standards.

L. Americans with Disabilities Act
By signing this Master Agreement, Recipient assures State that Recipient shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).

M. Access for Persons with Disabilities
Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded constr uction of buildings, structures, sidewalks, curbs and related facilities. Recipient will award no construction contract unless Recipient’s plans and specifications for such facilities conform to the provisions of sections 4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.

N. Disabled Veterans Program Requirements

1. Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient’s applicable highe r goals) in the award of every contract for Project work to be performed under these this Agreement.

2. Recipient shall have the sole duty and authority under this Agreement and each Program Supplement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those 443
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contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq.

O. Environmental Process
Completion of the Project environmental process (“clearance”) by Recipient (and/or State if it affects a State facility within the meaning of the applicable statutes) is required prior to requesting Project funds for right -of-way purchase or construction. No State agency may request funds nor shall any State agency, board or commission authorize expenditures of funds for any Project effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Resources Code section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights-of-way already in use.

P. Force Majeure
Each party will be excused from pe rformance of its obligations where such non - performance is caused by any extraordinary event beyond its reasonable control, such as any non -appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hurr icane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities , nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non-performance and to overcome, remedy or remove such event in the shortest practical time.

Should a force majeure event occur which renders it impossible for a period of forty- five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good faith to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service. 444
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ARTICLE IV – MISCELLANEOUS PROVISIONS
Section 1. Miscellaneous Provisions
A. Successor Acts
All statutes cited herein shall be deemed to include amendments to and successor statutes to the cited statues as they presently exist.

B. Successor and Assigns to the Parties
Neither this Agreement nor any right, duty or obligation hereunder may be assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party; provided, that unless otherwise expressly required herein, a party shall not be obligated to obtain the written consent of the other party with respect to any contract related to the Service for the provision of goods and/or services to the contracting party in the ordinary course of business.

C. Notice
Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such other addresses as may be specified in writing and given to the other party in accordance herewith.

If given to the Department:

State of California
Department of Transportation
Division of Local Assistance
P.O. Box 942874
Sacramento, CA 994274-0001
Attention: Division of Local Assistance, TIRCP Contract Manager, Mail Stop 39

with a copy to:

California State Transportation Agency
915 Capitol Mall Suite 350 B
Sacramento, CA 95814

If given to the Recipient:
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City of Visalia
220 N. Santa Fe Street
Visalia, CA 93292
Attention: Leslie Caviglia
D. Amendment
This Agreement may not be changed, modified, or amended except in writing, signed by the parties hereto, and approved in advance in writing by the Secretary, and any attempt at oral modification of this Agreement shall be void and of no effect.

E. Representation and Warranties of the Parties

1. Recipient hereby represents and warrants to the Department that:
a. Recipient is in good standing under applicable law, with all requisite power and authority to carry on the activities for which it has been organized and proposed to be conducted pursuant to this Agreement.
b. Recipient has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder. The execution and delivery of this Agreement by such entity, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized by the governing board of such entity and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The Agreements have been duly and validly executed and delivered by such entity and constitute valid and binding obligations of such entity, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to the creditor’s rights and the remedy of specific enforcement and injunctive and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought. c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which Recipient is a party; (ii) violate any write, order, judgment, injunction, decrees, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets.

2. The Department does hereby represe nt and warrant with respect to each provision of this Agreement to the Recipient that:
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a. It validly exists with all requisite power and authority to carry on the activities proposed to be conducted pursuant to this Agreement. b. It has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations thereunder. The execution and delivery of this Agreement, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby ha ve been duly authorized and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The agreements have been duly and validly executed and delivered by it and constitute valid and binding obligations, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to creditor’s rights and o ther forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought.
c. Neither the execution and delivery of this Agreement and the performance of its obligations t hereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which the Recipient is a party ; (ii) violate any writ, order, judgment, injunction, decree, statute, r ule or regulation of any court or governmental authority applicable to such entity or its property or assets.

F. Construction, Number, Gender and Captions
The Agreements have been executed in the State of California and shall be construed according to the law of said State. Numbers and gender as used therein shall be construed to include that number and/or gender which is appropriate in the context of the text in which either is included. Captions are included therein for the purposes of ease of reading and identification. Neither gender, number nor captions used therein shall be construed to alter the plain meaning of the text in which any or all of them appear.

G. Complete Agreement
This Agreement, including Appendices, constitutes the full and complete agreement of the parties, superseding and incorporating all prior oral and written agreements relating to the subject matter of this Agreement. All attached Appendices A and B are hereby incorporated and made an integral part of this Agreement by this reference.
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City of Visalia
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Program Supplement No. 06VisaliaPS
Revised as of 8/8/2025 Page 28
H. Partial Invalidity
If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not affect the validity, legality or enforceability of any other part of this Agreement and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or unenforceable part were not contained herein.

I. Conflicts
To the extent that any provision of or requirement of t his Agreement may conflict with a provision or requirement of any other a greement between the parties hereto, or between a party hereto and any other party, which is attached to this Agreement as an appendix, the priority of agreements shall be employed to resolve such conflict. In the event of a conflict, the Master Agreement controls the Program Supplement and any further Amendments.

J. Counterparts
This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of wh ich shall be deemed to be one instrument.

Copies of this Agreement may be used in lieu of the original.

K. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of California.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers.

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORATION

CITY OF VISALIA
BY: ______________________________ BY: ____________________________ Dee Lam
Chief, Division of Local Assistance
Leslie Caviglia
City Manager
DATE: ______________________________ DATE: ____________________________ 448
City of Visalia
Master Agreement No. 64VisaliaMA
Program Supplement No. 06VisaliaPS
Revised as of 8/8/2025 Page 29

APPROVED AS TO FORM AND PROCEDURE

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

BY: _____________________________
Deputy Attorney
DATE: _____________________________
449
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Master Agreement No. 64LindsayMA
Program Supplement No. 06LindsayPS

Revised as of 8/8/2025 Page 30

APPENDIX A

TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION

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City of Visalia
Master Agreement No. 64LindsayMA
Program Supplement No. 06LindsayPS

Revised as of 8/8/2025 Page 31

APPENDIX B
RECIPIENT’S RESOLUTION

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Tulare County Association of Governments
City of Visalia
Tulare County Regional Transit Agency
Regional Express Transit Services
Implementation and Operations MOU

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Visalia City CouncilNovember 3, 2025

Visalia City Council
November 3, 2025