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.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____.
If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
_____________________________ ___________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
___________________________________________________________________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date 901 E. Main St. Visalia CA 93292
Quad Knopf, Inc. dba QK
Ronald Wathen, President/CEO
Amber Aguayo, CFO/COO
Garth Pecchenino, VP of Technical Services
X
Amber Aguayo 08/21/2025
819
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0622 Agenda Date: 1/20/2026 Agenda #: 7.
Agenda Item Wording:
Designate a portion of City owned property into public right of way - Adopt Resolution 2026-01, designating a portion of City owned property located at the southwest corner of Roeben Street and Howard Avenue into the public right of way system.
Prepared by: Jason Huckleberry, Director of Eng and Building, (559) 713-4495, [email protected]
Department Recommendation: Staff recommends that the City Council adopt Resolution 2026-01, designating a portion of City owned property located at the southwest corner of Roeben Street and Howard Avenue into the public right of way system.
Summary:
San Joaquin Valley Homes, the developer of the Elliott Phase subdivision that includes a 4.1-acre City owned park parcel, has coordinated with Southern California Edison (SCE) to provide essential utility infrastructure near and around the developer’s residential subdivision and City park parcel.
SCE’s approved plans will provide power to the future park, as well as the adjacent residential project, but requires three (3) specific areas totaling approximately 327 square feet on the City owned park parcel be dedicated for public right of way to ensure SCE facilities can be installed properly.
This dedication of City owned property is being requested in-lieu of providing a specific SCE easement that they have requested. The dedication of public right of way for the areas described in Attachment A & B provides SCE with full rights as conveyed in existing franchise agreements.
Background Discussion:
On August 19, 2025, the Elliott Phase 1 subdivision dedicated an approximate 4.1-acre parcel to the City of Visalia for a future neighborhood park. The development project has progressed and is preparing to install final electrical facilities for the residential development, which includes the frontage across the City park parcel. The utilities being installed surrounding the park will provide future services to the neighborhood park once developed.
The City Parks and Recreation Department is coordinating with the developer for the design and construction of the park, likely to be under construction this year.
Fiscal Impact: The approval of this agenda item has no fiscal impact.
Prior Council Action:
July 21, 2025 - Council approved the Elliott Subdivision Phase 1 final map for recording.
Other: None
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File #: 25-0622 Agenda Date: 1/20/2026 Agenda #: 7.
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution 2026-01, designating a portion of City owned property located at the southwest corner of Roeben Street and Howard Avenue into the public right of way system.
Environmental Assessment Status: Complete.
CEQA Review: Mitigated Negative Declaration No. 2024-05.
Deadline for Action: 1/20/2026
Attachments:
Attachment 1 - Legal Descriptions for Dedications
Attachment 2 - Exhibit of Dedications
Attachment 3 - Elliott Subdivision Phase 1 Recorded Final Map Attachment 4 - Resolution 2026-01
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Attachment ‘A’ – Legal Descriptions
Various strips of land lying within Lot ‘A’ of Elliott Subdivision, Phase 1, as per map recorded in Book 45, at Page 53 of maps, in the o(ice of the County Recorded of said County, described as follows:
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LOT "A"
ELLIOTT SUBDIVISION
PHASE 1
M.B. 45/53
HOWARD AVENUE
LOT "B"
LOT 59 LOT 60 LOT 61 LOT 62 LOT 63 ROEBEN STREET
N
AREAS BEING DEDICATED ATTACHMENT 'B'
180 SF 80 SF 167 SF
823
824
825
826
827
RESOLUTION NO. 2026 - 1
A RESOLUTION OF THE VISALIA CITY COUNCIL
ACCEPTING A PORTION OF CITY OWNED
PROPERTY INTO THE PUBLIC STREET SYSTEM
WHEREAS, the City of Visalia, State of California, owns real property, intended for a future park along with portions of it to be utilized for a sidewalk and other public purposes, including but not limited to setback from the currently designated public streets, designated as a “Lot A” per Elliott Subdivision Phase 1 Final Map; located at the southwest corner of Roeben Street and Howard Avenue in the City of Visalia; and
WHEREAS, the City of Visalia desires to accept three portions of Lot “A” into the public street system, with the total size of the three portions of land totaling approximately 427 square feet; and
WHEREAS, said portions are more particularly described in Attachment “A” legal description of the three portions and Attachment “B” a diagram depicting the location of the three portions being accepted into the public street system as part of those areas referred to as Howard Avenue and Roeben Street; and
WHEREAS, Section 1806(b) of the California Streets and Highways Code states that no public or private street or road shall become a city street or road until the governing body, by resolution, has caused the street or road to be accepted into the city street system; and WHEREAS, pursuant to state law requirements, the City Council may by resolution authorize the acceptance of a portion of a public street or road into the public street system.
NOW THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The City of Visalia, does hereby accept into the public street system the abovedescribed three portions of City-owned property, totaling approximately 427 square feet of Lot A of the Elliott Subdivision Phase 1 Final Map, into the City of Visalia public street system.
PASSED AND ADOPTED: ______ __, 2026 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 2026-1 passed and adopted by the Council of the City of Visalia at a regular meeting held on January 20, 2026.
Dated: LESLIE CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
828
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0458 Agenda Date: 1/20/2026 Agenda #: 8.
Agenda Item Wording:
Award contract for short range transit plan update- Authorize the City Manager to award a contract for the short range transit plan update to Jarret Walker and Associates and allocate $205,000 to the capital improvements project budget of which $136,000 will be paid by Tulare County Association of Governments on a reimbursement basis and $69,000 from local transit funding.
Prepared by: Angelina Baker, Transit Manager [email protected] (559) 713-4591 John Lollis, Assistant City Manager [email protected] (559) 713-4323 Department Recommendation: It is recommended that Council appropriate $205,000 to the transit capital improvements budget for a short range transit plan update. Tulare County Association of Governments (TCAG) performed a request for proposals (RFP) on behalf of Visalia Transit and partnered with Visalia Transit on the selection process which resulted in Jarret Walker & Associates being selected as the winning proposal.
Summary:
The short range transit plan is a five-year planning document that reviews and updates current goals, evaluates current conditions, and produces a new operations plan, capital plan and financial plan for the transit services provided by the City of Visalia. This current plan update procurement is being hosted by Tulare County Association of Governments (TCAG) who budgeted $136,000 on behalf of Visalia Transit. TCAG released an RFP on October 6, 2025, to invite qualified consultants to prepare Visalia Transit’s SRTP update. This plan is required for federal and state transit funding purposes.
Due to the rising costs associated with inflation, and also the robust nature of this plan update following the pandemic, there is a budget shortfall of $69,000 of which Transit will need to make up the difference for.
The panel, made up of TCAG and City of Visalia Transit staff, received seven (7) proposals from qualified consultants. All 7 proposals were scored, with the top four (4) being selected for interviews.
Interviews were conducted during the first week of December 2025, and during the selection process, Jarrett Walker and Associates was selected as the most qualified proposer with a project estimate of $205,000.
The Process:
Jarret Walker and Associates proposed a timeline, which can be found on pages 57 and 58 of their proposal (attached), of 12 months from kick-off to completion. During that time there will be ongoing collaborative meetings, detailed analysis of the existing system, significant involvement from stakeholders and the public, and three separate presentations to City Council. A graphic of the proposed timeline is shown below:
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File #: 25-0458 Agenda Date: 1/20/2026 Agenda #: 8.
Background Discussion:
The SRTP is an action plan developed to guide the implementation of transit service improvements over the next 5+ years. An SRTP of the City’s transit routes is important to improve the efficiency of Visalia City Council Page 2 of 3 Printed on 1/15/2026
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File #: 25-0458 Agenda Date: 1/20/2026 Agenda #: 8.
service within the City, address future land use development and transportation investments, and enhance connectivity to regional bus services. The SRTP responds to key issues identified by Visalia Transit customers and others to create a system that will be more attractive to new riders in the years to come. This particular update is especially critical as Transit will use it to “re-imagine” the City’s current system.
Ridership has not fully recover from the COVID-19 pandemic, and Transit needs to evolve into a new vision that creates efficiencies and improves rider access. In June of 2025, Visalia Transit launched the micro transit ‘Visalia Connect’ pilot program, and as part of this SRTP update, the consultant will use the data from the pilot to help rebuild a more efficient Visalia Transit Fixed Route system.
Fiscal Impact: Visalia Transit is asking Council to appropriate $205,000 of which $69,000 will come from Transit’s local transit funds (LTF) and $136,000 will be reimbursed by Tulare County Association of Governments (TCAG) to make up the total SRTP budget which is $205,000.
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to appropriate $205,000 for a short range transit pan update and award the short range transit plan update contract to Jarrett Walker and Associates for an amount not to exceed $205,000.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 1/20/2026
Attachments: RFP Visalia reimagine study, SRTP consultant contract, JWA proposal, Disclosure forms completed by JWA
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October 6, 2025
Request for Proposals
for
2026 Visalia Short Range Transit Plan (SRTP)/Reimagine Study from the
Tulare County Association of Governments (TCAG)
210 N. Church St., Suite B,
Visalia, California 93291
Phone: 559-623-0450
Fax: 559-733-6720
Contact: Sheela Bhongir
Email: [email protected]
Web: www.tularecog.org
Proposal Submittal Deadline November 14th 5:00PM
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I. Introduction to the Request for Proposals (RFP)
The Tulare County Association of Governments (TCAG), as the Metropolitan Planning Organization and the Regional Transportation Planning Agency (RTPA) for Tulare County, is requesting proposals from qualified consultants on behalf of the City of Visalia for the preparation of the 2026 Visalia Short Range Transit Plan (SRTP)/Reimagine Study. The objective of this RFP is to select a qualified consultant to thoroughly analyze existing transit services, including new micro transit pilot data, to fundamentally “reimagine” the Visalia Transit (VT) public transit system. Successful proposals will explain the analytic methods to be utilized and how they will deliver a redesigned public transportation system that is intuitive, convenient, efficient, and which effectively meets the mobility needs of the local transit-reliant population. A brief history of their transit system, including ongoing challenges and opportunities for growth are described in the Scope of Services document. A joint venture of firms or a single firm for all or part of the tasks described is acceptable to accomplish the anticipated Scope of Services outlined in Attachment A.
II. Scope of Services
Attachment A identifies the Scope of Services.
III. Selection Timeline
October 6 Distribution of Request for Proposals
October 27th Deadline for Written inquiries/questions
November 4th Responses Posted on TCAG website
November 14th Proposals Due to TCAG by 5:00 PM
December 3 & 4th Interviews (potential)
February 23
th Consultant selection by TCAG Board
February 24th Finalize Contract
February 25th Work begins
IV. Budget & Consultant Administration Responsibilities
1. Working meetings: Schedule and coordinate all necessary working meetings with Visalia Transit Project Manager, Visalia Transit staff and as needed TCAG staff.
2. Budget: The project is budgeted for Fiscal Year 2025/26. Proposer is expected to provide a price proposal and a detailed budget for completion of all work outlined within the attached scope of work. Ten percent retention will be held for the preparation of the final report and released at contract completion. The desired timeline for completion of the study is 10-12 months after the project kickoff. Proposals with project schedules longer than 12 months will be accepted if a written justification for the extended timeline is provided.
3. Invoices and progress reports: Invoices and accompanying progress reports shall be submitted monthly. All invoices shall include a description of work completed, including the percentage completed for each project task, and the hourly rate and expenditures for each employee or subcontractor. Direct expenses shall include receipts or an acceptable form of backup. 833
V. Proposal Requirements
1. Firm experience and qualifications: Prospective consultants shall provide a summary description of the firm’s overall qualifications for this project and previous experience on similar or related engagements.
Qualifications and examples of previous related experience/projects should be included for the project manager and each of the key project staff proposed for the project. For each employee that works on this project (except support or clerical), the proposal must list the location of the office that the employee works. Failure to provide the requested information may disqualify a proposal. (15 page maximum)
2. Understanding of the Project: Prospective consultants shall include a narrative introducing the consultant's understanding of the project requirements. The contents of this section are to be determined by the respondent, but should demonstrate a familiarity with transit planning, short range and long-range plans. This section should demonstrate the consultant’s understanding of the preparation of these reports, including complying with state and federal requirements and guidelines.
Prospective consultants should identify in the proposal the types of information needed to complete the Scope of Services.(20 pages maximum)
3. Project Management: Prospective consultants shall designate by name the project manager to be employed. The selected consultant shall not substitute the project manager without prior approval by the VT Transit Manager and TCAG Executive Director. (3 page maximum)
4. Project Personnel: Prospective consultants shall describe the qualifications of all professional personnel assigned to this project, including a summary of similar work or studies each member has performed and a resume of each professional. Project personnel changes require that VT Transit Manager and affiliated TCAG staff are notified. (10 page maximum)
5. References: Prospective consultants shall provide names and contact information for three clients for whom the prospective consultant has performed technical and management assignments of similar complexity to that proposed in this request. At least two references shall be provided for projects on which the proposed and named project manager has worked. Up to one may exclusively include a project on which the proposed professional personnel for this project with the most hours assigned participated in. Full points cannot be awarded for past projects in which the proposed project manager or primary professional assigned did not participate. This could necessitate projects references outside of the work of the proposing firm. A brief summary statement for each assignment shall be provided. (5 page maximum)
6. Subcontracting: If subcontractors are used, prospective consultants must submit a description of each person, firm, and the work to be done by each subcontractor. The VT Transit Manager and TCAG Executive Director must approve all subcontractors and no work may be subcontracted nor the subcontractor changed without the prior approval of the TCAG Executive Director.
7. Methodology: Prospective consultants shall describe the approach to the project, specific techniques that will be used, what the reports will include, and the specific administrative and operational management expertise that will be employed. (10 page maximum) 834
8. Conflict of Interest: Prospective consultants shall disclose any financial, business or other relationship with TCAG, any of the eight incorporated cities in Tulare County, the County of Tulare, or any of their officers or officials that may have an impact on the outcome of the project. The prospective consultant shall also list current clients who may have a financial interest in the outcome of the project.
9. Project Costs: Prospective consultants shall include a cost proposal section or exhibit demonstrating the total cost of the work solicited under this RFP, by task. For each task, estimated costs for should be broken down. Cost proposals shall detail all direct and indirect costs to be incurred for the project, broken down by task, and shall include the labor rates.
10. Signature: The proposal and accompanying certifications shall be signed by an official (or officials, as applicable) authorized to bind the consultant and shall contain a statement to the effect that the proposal is a firm offer for a 90-day period. The proposal shall also provide the following information:
type of business entity (i.e. corporation, California limited partnership, etc.) and whether the business entity is registered to do business in California; and name, title, address, and telephone number of individuals with authority to negotiate and contractually bind the company.
11. Insurance Requirements: TCAG will require the selected consultant to obtain and maintain, at consultant's sole cost and expense, insurance coverage as outlined in the attached Sample Consultant Services Contract (Attachment D).
The selected consultant shall maintain said insurance policies in effect during the term of the contract and shall cause all parties supplying services, labor, or materials to maintain insurance in amounts and coverage not less than those specified in the attached Sample Consultant Services Contract.
The selected consultant shall file certifications of this insurance, including all applicable endorsements, with TCAG prior to commencement of its performance under this agreement. Consultant must maintain adequate levels of insurance throughout the duration of the agreement.
12. Indemnity and Harmless Clause: TCAG will require the selected consultant to hold harmless, defend and indemnify TCAG, their officers, employees and agents from any liability, claims, actions, costs, damages or losses, for injury, including death to any person, or damage to any property arising out of the consultant's services, in accordance with the indemnity language included in the Sample Consultant Services Contract (Attachment E).
13. Ineligible Bidders: Each consultant must certify that it is not included on the U.S. Comptroller General's Consolidated List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions. Attachment B must be properly completed and submitted with the proposal.
14. Disadvantaged Business Enterprise (DBE): (only for federally-funded projects) It is the policy of the U.S.
Department of Transportation that minority and women-owned business enterprises (herein referred to as DBEs) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement.
The proposal must list the percentage of work, by cost expended, to be completed by DBE-certified consulting firms, prime or sub-consultants. Proof of DBE certification for qualified firms is required to be submitted with the proposal. If the percentage is less than 13.5% an explanation of the attempt and 835
failure to meet this goal must be provided. Failure to provide the requested information may disqualify the proposal.
15. Title VI of the Civil Rights Act of 1964: The contractor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part 21.
16. Equal Employment Opportunity: In connection with the performance of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
17. Attachments: Attachments A through E are attached herein. Consultants must complete attachments B and C and include them at the end of the proposal.
Attachment A Scope of Services
Attachment B Debarment and Suspension Notification
Attachment C Workers’ Compensation Insurance
Attachment D Insurance Requirements
Attachment E Sample Consultant Services Contract General Terms and Conditions
VI. Scoring Criteria, Submission, and Selection
1. Selection of Successful Consultant: Selection of the successful consultant will be based on information provided in response to the Request for Proposals, information provided by former clients of the consultant for whom work of a similar scope has been done, interviews, if conducted, and consideration of any exceptions taken to the RFP or taken to the proposed contract terms and conditions. Proposals submitted by each consultant will be evaluated separately based on how well each proposal meets the scoring criteria listed below. In the event that a high number of proposals is received, TCAG reserves the right to interview consultant teams with the higher proposal scores.
Scoring Criteria Points
The Proposal
Comprehension of Project 15
Thoroughness of Proposal 10
Meeting the Project Objectives 25
Project Delivery Time 5
Consultant Qualifications
Qualifications and Experience 25
References 15
Cost
Reasonableness of Cost 5
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Subtotal 100
Local Firm1 5
Total Possible Points (RFP) 105
Total Possible Points (Interview) 100
1 Local firms are required to meet both of the following:
- Have a local business office in Tulare County; and
- At least 51% of the work to be conducted by employees in the local office
2. Contract Award: The selected consultant will execute a contract with TCAG after consultant selection approval. The official selection of the consultant, if any, is anticipated to be made by TCAG at its Monday, February 23, 2026, meeting. Unsuccessful proposals will be notified in writing.
3. Modification or Withdrawal of Proposals: Any proposal received prior to the due date and time specified may be withdrawn or modified by written request of the consultant. However, to be considered, the final modified proposal must be received by the date and time specified above. All verbal modifications of these conditions or provisions are void and ineffective for proposal evaluation purposes. Only written changes issued to consultants by the TCAG Executive Director are authorized and binding.
4. Selection Process: All proposals submitted in response to this request will be screened by a selection committee using the provided scoring criteria. Proposal opening does not constitute the awarding of a contract. The contract is not in force until it is awarded by the TCAG Board and executed by Visalia Transit (VT).
a. TCAG may, during the evaluation process, request from any applicant additional information that TCAG deems necessary to determine the applicant’s ability to perform the required services. If such information is requested, the applicant shall be permitted three (3) working days to submit the information requested.
b. TCAG reserves the right to select the applicant(s) that in its sole judgment best meets the needs of TCAG. The lowest proposed cost is not the sole criterion for recommending a contract award. TCAG reserves the right to reject any and all proposals and/or negotiate with another party or any other party directly.
c. TCAG reserves the right to conduct interviews. Consultants who will be interviewed will be notified by November 24th for interviews on (December 3 or 4th). TCAG will conduct the interview via Zoom or another electronic medium.
5. Rejection of Proposals: Failure to meet the requirements of the Request for Proposals will be cause for rejection of the proposal. TCAG may reject any proposal if it is conditional, incomplete, contains irregularities, or has inordinately high or low costs. TCAG reserves the right to reject any and all proposals without cause. TCAG may waive an immaterial deviation in a proposal when it determines that waiving a requirement is in the best interest of TCAG. Waiver of an immaterial deviation shall in no way modify the Request for Proposals documents or excuse the applicant from full compliance with the contract requirements, if the applicant is awarded the contract. 837
6. Public Record: All proposals submitted in response to this RFP shall become the exclusive property of TCAG. At such time as the selection committee recommends a proposal to the TCAG Board and such recommendation appears on the TCAG Board agenda, all proposals submitted in response to this RFP shall become a matter of public record and shall be regarded as public records. If there are any trade or proprietary secrets included by the consultant, the consultant may provide a different copy of the proposal that would be acceptable to release to the public.
7. Method of Payment: Payment to the selected consultant will be made upon successful completion of project tasks as invoiced by the consultant. Pre-award expenses shall not be allowed. Cash advances will not be available.
VII. Other Conditions
1. Reservation of Right to Withdraw RFP and/or Not Award Contract: TCAG reserves the right to amend or withdraw this RFP at any time without prior notice. Revisions to the RFP, if any, will be emailed to all consultants to whom the original RFP was distributed in addition to posting online with the notice of the RFP. Furthermore, TCAG makes no representations that any agreement will be awarded to any consultant responding to this RFP. TCAG expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection.
2. TCAG Property: All data, documents and other information provided to TCAG by the Contractor shall become property of TCAG.
3. Pre-Contractual Expenses Not Allowed: TCAG shall not, in any event, be liable for any pre-contractual expenses incurred by any consultant. Pre-contractual expenses are defined as expenses incurred by prospective consultants such as:
a. Preparing and submitting a proposal in response to this RFP b. Negotiating with TCAG on any matter related to this RFP, proposal and/or contractual agreement c. Any other expenses incurred by the consultant prior to the date of a Notice to Proceed.
VIII. Proposal Submittal
Proposals must be received electronically no later than 5:00 PM on November 14th. It is recommended that a submittal email is sent without an attachment, as attachments may be too large, and access be granted for TCAG to download your document. This could be done via FTP, Dropbox, Hightail, or another service as provided by prospective consultants. Please submit to Sheela Bhongir, at [email protected].
IX. Questions
Questions should be directed to (Sheela Bhongir) at ([email protected]). All questions must be submitted in writing by 5:00 p.m. on October 27th. Questions and responses will be posted in writing on the TCAG website. Please check www.tularecog.org/tcag/rfps-contracts/rfps regularly for amendments or additional information on this RFP. Consultants that are considering responding to this RFP are forbidden from 838
contacting members of the Tulare County Association of Governments to discuss their proposal. Failure to comply with this requirement may cause your proposal to be denied without review. 839
Attachment A
SRTP/Reimagine Study - Scope of Work
Background
Initiated by the City of Visalia in 1981 and rebranded in 2010, the Visalia Transit (VT) public transit system provides fixed-route and demand-response transit services within the Visalia Urbanized Area. An estimated population of 146,000 resides in VT's 40 square mile service area.
The CITY finances VT through a combination of fare revenues, Transportation Development Act (sales tax) allocations, and Federal Transit Administration (FTA) Section 5307 funds. A portion of the funding is contributed by the County of Tulare under a contract for the provision of VT service to county residents residing within the city’s urbanized area.
The VT fixed-route service consists of 13 routes. Operating hours are approximately 6:00 a.m. to 9:30 p.m., Monday through Friday, excluding holidays; 8:00 a.m. to 6:30 p.m. on weekends. Twenty-six buses are operated during base level service. Our fixed route services cover three cities (Visalia, Farmerville, Exeter) and surrounding rural communities. This schedule results in an annual total of about 113,680 vehicle revenue hours and 1,615,500 vehicle revenue miles.
The traditional demand-response service, referred to as Dial-a-Ride, operates with approximately five vehicles, during the same days and hours as the fixed route service.
Dial-a-Ride is available to any member of the public, but its priority is to provide complementary paratransit service as called for in the Americans with Disabilities Act (ADA). Existing marketing, fare structure, and operating policies encourage transit patrons to use the fixed routes as the primary service.
The Sequoia Shuttle operates from Visalia to the Sequoia National Park, seven days a week, between the Thursday before Memorial Day weekend through early September.
Operating hours are approximately from 6:00 a.m. to 6:30 p.m. More information is available online at www.SequoiaShuttle.com.
The Visalia V-Line operates 7 days a week to and from Fresno Yosemite International Airport (FAT) and California State University (CSU), Fresno for students and travelers.
The route also serves the Visalia Municipal Airport and Courthouse Park in downtown Fresno.
The newest VT service is an on-demand micro transit pilot called Visalia Connect.
Visalia Connect operates 7 days a week, with the same hours as Fixed Route and DAR services.
840
Since the emergence of the covid pandemic earlier in this decade, transit agencies nationwide have seen dramatic shifts in travel patterns, demand, and rider behavior.
With ridership still hovering between 50 and 60% of 2019 levels, there is a need for the system to be reinvigorated and “reimagined”. Visalia Transit launched Visalia Connect, the new micro transit service, in June 2025 and is already seeing promising ridership numbers. This suggests that micro transit will provide a valuable supplement to existing transit services, enabling a substantial reconfiguration of fixed routes to provide greater convenience and efficiency.
Staff fully expect to see a SRTP that comprehensively redesigns the Visalia Transit system to increase the convenience of riding transit, reduce travel times, concentrate fixed route services when and where they operate most efficiently, and employ micro transit to effectively fill spatial and temporal gaps in scheduled services.
The Visalia City Council is the policymaking body for the VT system. The CITY Transit Division administers, plans, markets, and monitors the transit system. An independent contractor provides maintenance and operating services. The CITY provides buses, radios, electronic fareboxes, video surveillance system, street furnishings, published information, passes, and transfers.
All vehicles are owned by the City of Visalia. Visalia Transit services are operated by RATP Dev USA. Vehicle maintenance is also performed by the contractor. Exhibit “D” provides a complete list of the transit vehicles owned by the CITY. 841
Introduction to Project Objectives
The City of Visalia is seeking proposals from qualified consultants for preparation of the 2026 Short Range Transit Plan/Reimagine Study. A thorough review of existing transit services, including a thorough analysis of data collected from the new micro transit pilot program, coupled with an in-depth analysis of travel demands and demographic characteristics, and input from the public and stakeholders, a solid body of knowledge will be developed in order to address project objectives including: the assessment of the current study area conditions; the development of a financially constrained and unconstrained plans for services; and identify and make recommendations for service efficiencies to fundamentally “reimagine” the Visalia Transit Fixed Route System is what Visalia Transit is seeking from this Short Range Transit Plan/Reimagine Study.
The Consultant shall perform all necessary tasks to provide the City with the 2026 SRTP/Reimagine Study. The project shall include, but not be limited to, updating goals and objectives, conducting analysis and evaluations, recommending and prioritizing options for expansion, updating the 5-year operations plan, updating the Capital Improvement Program and Financial Plan, as well as the preparation of draft and final Visalia Transit 2026 Short Range Transit Plan/Reimagine Study and executive summary to VT for adoption.
The CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) to achieve the CITY’s stated Project Objectives.
A. Project Objectives
The CITY’s primary objective for this Agreement is to obtain professional assistance in the development of a Short-Range Transit Plan (SRTP) covering FYs 2026-2031, including assessment of existing and future public transit services to meet community needs; General Plan and regional connectivity; overall general financial estimates for recommended scenarios, and service delivery options.
In addition, to fulfill the requirements of the Tulare County Association of Governments (TCAG), the purpose of the SRTP also includes, but is not limited to, the following:
1. To propose specific recommendations for satisfying the long-range objectives of TCAG’s Regional Transportation Plan/ Sustainable Communities Strategy and guide the provision of transit services in the region over the next five (5) years.
842
2. To serve as a management and policy document for the transit operator, as well as a means of providing FTA and TCAG with information necessary to meet regional programming and planning requirements.
3. To facilitate requests for federal, state, and regional funds for capital and operating purposes through development of a comprehensive Capital Improvement and Financial Plan.
4. To serve as a contributing document that supports the development of TCAG’s Regional Transit Systems Plan and promotes regional connectivity.
5. To develop Key Performance Indicators (KPIs) and targets that will be used to evaluate the operator’s effectiveness as part of the TCAG Triennial Performance Audit of the operator, including resolution of unmet transit needs.
6. To include all statutorily required elements for a short-range transit plan.
B. Proposed Project Tasks
As stated above, the CITY requests that the Proposer suggest changes to the scope of work to achieve the CITY’s stated Project Objectives. Provide a detailed budget and schedule for the following tasks and subtasks:
1. Public Outreach and Coordination
a. The Proposer must ensure that the public is included in the planning process.
To ensure equity, diversity, and inclusion, FTA’s Title VI Circular requirements pertaining to public outreach must be followed rigorously. b. The project will require work with City staff, and the operations contractor.
On-Site work will include on-board surveys of transit riders and at least one (1) meeting with operations contract staff to obtain feedback and suggestions regarding current operations. The survey will be developed with the intent of identifying rider demographics, travel patterns, rider preferences, and top trip generators for transit.
c. A minimum of three (3) presentations to CITY Council are anticipated: one (1) to present results of the initial system evaluation; one (1) to present the preliminary SRTP; and one (1) to present the final plan which should include a more efficient redesigned system with a combination of Fixed Route and Micro Transit or Flex vehicles.
843
d. Conduct at least four (4) public outreach meetings to obtain feedback regarding system needs and present proposed changes to future service. At least one (1) meeting should be held at TCAG’s Social Services Transportation Advisory Council (SSTAC) and at least one (1) meeting at the College of the Sequoias (COS).
2. Analysis
a. Conduct a critical review of local and regional fixed transit routes in the study area using ride check data, running schedule information, operating data, and financial records provided by Visalia Transit, and user and non-user travel characteristics provided by outreach efforts such as rider/community surveys and driver interviews.
b. Utilize data collected from on-demand micro transit operations to identify patterns including origin and destination points associated with high trip volumes. Propose effective micro transit staging locations or strategies based on results of analysis. This data should also be utilized to develop new fixed routes in places where demand is high enough to warrant scheduled service.
c. Examine revenue vehicle capacity utilization rates and total cost to operate (e.g. fuel/energy, insurance, maintenance, repairs) to propose appropriate vehicle types and sizes for fixed routes and demandresponse service. d. Evaluate all ongoing and upcoming transit capital projects and recommendations, considering how they align with the objectives and recommendations of SRTP.
e. Consider and incorporate all ongoing and upcoming regional coordination efforts with local partnering agencies such as The Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) and others directly related to the Cross Valley Corridor. f. Evaluate the Operations and Maintenance contract and any impacts on pricing negotiations to be considered with system redesign.
See Exhibit D Visalia Transit Fleet sheet to incorporate into project proposals
3. Draft and Final Report
a. Produce a draft plan incorporating all the above-described elements. 844
b. The complete SRTP/Reimagine Study should include all key elements as defined by the Federal Transit Administration (FTA). Those mandatory elements include but are not limited to operational data, service plans, budgets, system assessment, needs assessment, financial plan, public involvement, performance measures, and scenario plan.
Following delivery to CITY staff and presentation to Council, consultants will work with staff to produce a revised study document that addresses any feedback received on the initial draft. The revised document will be presented to Council for adoption.
845
1. Fixed Route
Fleet #
Fixed
Asset # plate VIN
License
Plate Manufacture Year Bus Make Bus Model
Engine Model
Year
Engine
Manufacturer Engine Model
Engine Family
Name Displacement (L) Fuel Type
Chassis (if
Applicable) Date In-Service Status Retired Date Purchase Price Fed % Grant # Tile Holder Mode Bus
Type Useful Life Condition
Low NOx Certificate
Standard (g/hp-hr)
1301 F13259 15GGD271XD1183073 1387652 2013 Gillig BRT LOWFLOOR 2013 Cummins ISL G DCEXH0540LBG 8.9 CNG 05/13/2013 Active $ 499,715 88.53% CA-95-X200 City of Visalia ROUTE Standard 2025 Good 0.02 1302 F13260 15GGD2711D1183074 1387655 2013 Gillig BRT LOWFLOOR 2013 Cummins ISL G DCEXH0540LBG 8.9 CNG 05/13/2013 Active $ 499,715 88.53% CA-95-X183 City of Visalia ROUTE Standard 2025 Good 0.02 1303 F13261 15GGD2713D1183075 1387654 2013 Gillig BRT LOWFLOOR 2013 Cummins ISL G DCEXH0540LBG 8.9 CNG 05/13/2013 Active $ 499,715 88.53% CA-95-X183 City of Visalia ROUTE Standard 2025 Good 0.02 1304 F13262 15GGD2715D1183076 1387653 2013 Gillig BRT LOWFLOOR 2013 Cummins ISL G DCEXH0540LBG 8.9 CNG 05/13/2013 Active $ 499,715 88.53% CA-95-X183 City of Visalia ROUTE Standard 2025 Good 0.02 1601 F14793 15GGD2718G1187630 1414507 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 08/09/2016 Active $ 553,013 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1602 F14794 15GGD271XG1187631 1414508 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 08/09/2016 Active $ 553,013 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1603 F15026 15GGD2711G1187632 1414521 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 12/12/2016 Active $ 552,417 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1604 F15027 15GGD2713G1187633 1414522 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 12/12/2016 Active $ 552,417 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1605 F15028 15GGD2715G1187634 1414519 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 12/12/2016 Active $ 552,417 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1606 F15029 15GGD2717G1187635 1414520 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 12/12/2016 Active $ 552,417 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1607 F15976 15GGD2719G1187636 1414523 2016 Gillig BRT LOWFLOOR 2016 Cummins ISL G GCEXH0540LBI 8.9 CNG 12/12/2016 Active $ 552,417 88.53% CA-95-X333 City of Visalia ROUTE Standard 2028 Good 0.02 1801 F16196 1M9TH16J6JL816252 1442465 2018 Proterra CATALYST E2 Electricity 11/01/2018 Active $ 894,965 80.00% C-51034-A City of Visalia ROUTE Standard 2030 Excellent 1802 F16200 1M9TH16J1JL816255 1442467 2018 Proterra CATALYST E2 Electricity 11/01/2018 Active $ 894,965 80.00% C-51034-A City of Visalia ROUTE Standard 2030 Excellent 1803 F16201 1M9TH16J1JL816257 1442466 2018 Proterra CATALYST E2 Electricity 11/01/2018 Active $ 894,965 80.00% C-51034-A City of Visalia ROUTE Standard 2030 Excellent 2101 F17052 7JZTG12J9ML000413 1485752 2021 Proterra CATALYST E2 Electricity 10/01/2021 Active $ 899,499 88.53% CA-2020-195 City of Visalia ROUTE Standard 2033 Excellent 2102 F17053 7JZTG12J0ML000414 1485753 2021 Proterra CATALYST E2 Electricity 10/01/2021 Active $ 899,499 88.53%/85.00% CA-2020-072 City of Visalia ROUTE Standard 2033 Excellent 2103 F17054 7JZTG12J2ML000415 1485754 2021 Proterra CATALYST E2 Electricity 10/01/2021 Active $ 899,499 88.53%/85.00% CA-2020-072 City of Visalia ROUTE Standard 2033 Excellent 2104 F17055 7JZTG12J4ML000416 1485755 2021 Proterra CATALYST E2 Electricity 10/01/2021 Active $ 899,499 88.53%/85.00% CA-2020-072 City of Visalia ROUTE Standard 2033 Excellent 2301 5FYB8KJ02PF106730 1485843 2023 New Flyer XE35 Electricity 12/01/2023 Active 85.00% CA-2022-099 City of Visalia ROUTE Standard 2035 Excellent 2302 5FYB8KJ04PF106731 1485844 2023 New Flyer XE35 Electricity 12/02/2023 Active 85.00% CA-2022-099 City of Visalia ROUTE Standard 2035 Excellent 2401 15GGB2819R3199085 1606139 2024 Gillig Low Floor Electricity $ 985,355 85.00% CA-2022-187 City of Visalia ROUTE Standard 2036 Excellent 2402 15GGB2810R3199086 1606140 2024 Gillig Low Floor Electricity $ 985,355 88.53% CA-2022-099 City of Visalia ROUTE Standard 2036 Excellent 6267 F11437 1VHGF3W2886704161 1278510 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/09/2008 Active $ 441,370 80.00% CA-90-Y473 City of Visalia ROUTE Standard 2020 Good 0.02 6268 F11433 1VHGF3W2286704270 1278511 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/09/2008 Active $ 441,370 80.00% CA-90-Y473 City of Visalia ROUTE Standard 2020 Good 0.02 6269 F11432 1VHGF3W2486704271 1278512 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/14/2008 Active $ 441,370 80.00% CA-90-Y473 City of Visalia ROUTE Standard 2020 Good 0.02 6270 F11434 1VHGF3W2986704279 1278513 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/14/2008 Active $ 441,370 80.00% CA-90-Y473 City of Visalia ROUTE Standard 2020 Good 0.02 6271 F11436 1VHGF3W2586704280 1278514 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/14/2008 Active $ 441,370 80.00% CA-90-Y473 City of Visalia ROUTE Standard 2020 Good 0.02 6272 F11435 1VHGF3W2086704283 1278515 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/14/2008 Retired $ 441,370 80.00% CA-90-Y473 City of Visalia ROUTE Standard 2020 Good 0.02 6273 F11429 1VHGF3W2886704290 1278516 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 10/14/2008 Active $ 447,372 88.53% CA-95-X039 City of Visalia ROUTE Standard 2020 Good 0.02 6274 F11428 1VHGF3W2X86704291 1278517 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 11/17/2008 Active $ 447,372 88.53% CA-95-X039 City of Visalia ROUTE Standard 2020 Good 0.02 6276 F11431 1VHGF3W2286704298 1293273 2008 Orion ORV 2008 Cummins ISL G BCEXH0540LBD 8.8 CNG 11/21/2008 Active $ 447,372 88.53% CA-95-X039 City of Visalia ROUTE Standard 2020 Good 0.02 6283 F12554 1VHGH3W20A6706065 1320149 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 03/25/2010 Active $ 483,471 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02 6284 F12555 1VHGH3W20A6706597 1320142 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 07/24/2010 Active $ 483,471 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02 6285 F12556 1VHGH3W26A6706622 1320141 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 06/04/2010 Active $ 483,471 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02 6286 F12557 1VHGH3W28A6706623 1320143 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 09/27/2010 Active $ 483,471 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02 6287 F12558 1VHGH3W29A6706121 1320140 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 04/23/2010 Active $ 479,209 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02 6288 F12559 1VHGH3W23A6706633 1320138 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 05/17/2010 Active $ 479,209 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02 6289 F12560 1VHGH3W25A6706634 1320139 2010 Orion FXRB 2010 Cummins ISL G ACEXH0540LBD 8.9 CNG 05/25/2010 Active $ 479,209 88.53% CA-95-X046 City of Visalia ROUTE Standard 2022 Good 0.02
2. Dial-a-Ride
Fleet #
Fixed
Asset # VIN
License
Plate Manufacture Year Bus Make Bus Model
Engine Model
Year
Engine
Manufacturer Engine Model
Engine Family
Name Displacement (L) Fuel Type
Chassis (if
Applicable) Date In-Service Status Retired Date Purchase Price Fed % Grant # Tile Holder Mode Bus
Type Useful Life Condition
Low NOx Certificate
Standard (g/hp-hr)
1101 F12561 1FDFE4FS4BDA68529 1374759 2011 Elkhart Coach Elkhart Coach 2011 Ford V10 BFMXF0265NAT 6.8 CNG Ford 08/29/2011 Active $ 133,191 100.00% CA-95-X152 City of Visalia DAR Cutaway 2018 Good 1102 F12562 1FDFE4FS0BDA68527 1374707 2011 Elkhart Coach Elkhart Coach 2011 Ford V10 BFMXF0265NAT 6.8 CNG Ford 08/29/2011 Active $ 133,191 100.00% CA-95-X152 City of Visalia DAR Cutaway 2018 Good 1103 F12563 1FDFE4FS2BDA72725 1374762 2011 Elkhart Coach Elkhart Coach 2011 Ford V10 BFMXF0265NAT 6.8 CNG Ford 08/29/2011 Active $ 133,191 100.00% CA-95-X152 City of Visalia DAR Cutaway 2018 Good 1104 F12564 1FDFE4FS2BDA68528 1374758 2011 Elkhart Coach Elkhart Coach 2011 Ford V10 BFMXF0265NAT 6.8 CNG Ford 08/29/2011 Active $ 133,191 100.00% CA-95-X152 City of Visalia DAR Cutaway 2018 Good 1105 F12565 1FDFE4FS9BDA68526 1374760 2011 Elkhart Coach Elkhart Coach 2011 Ford V10 BFMXF0265NAT 6.8 CNG Ford 08/29/2011 Active $ 133,191 100.00% CA-95-X152 City of Visalia DAR Cutaway 2018 Good 1106 F12566 1FDFE4FS0BDA68530 1374761 2011 Elkhart Coach Elkhart Coach 2011 Ford V10 BFMXF0265NAT 6.8 CNG Ford 08/29/2011 Active $ 133,191 100.00% CA-95-X152 City of Visalia DAR Cutaway 2018 Good 1950 F16173 1FDEE4F66JDC41819 1559613 2018 Strarcraft Allstar 2018 Ford V10 JFMXF0265NAT 6.8 CNG Ford 03/11/2019 Active $ 143,770 80.00% CA-2018-143 City of Visalia DAR Cutaway 2026 Good 1951 F16174 1FDEE4F64JDC41821 1559611 2018 Strarcraft Allstar 2018 Ford V10 JFMXF0265NAT 6.8 CNG Ford 03/11/2019 Active $ 143,770 80.00% CA-2018-143 City of Visalia DAR Cutaway 2026 Good 1952 F16175 1FDEE4F66JDC41822 1559612 2018 Strarcraft Allstar 2018 Ford V10 JFMXF0265NAT 6.8 CNG Ford 03/11/2019 Active $ 143,770 80.00% CA-2018-143 City of Visalia DAR Cutaway 2026 Good 1953 F16176 1FDEE4F65JDC41827 1559614 2018 Strarcraft Allstar 2018 Ford V10 JFMXF0265NAT 6.8 CNG Ford 03/11/2019 Active $ 143,770 80.00% CA-2018-143 City of Visalia DAR Cutaway 2026 Good 6282 F11616 1FD4E45S38DA18545 1326576 2008 Strarcraft Allstar 2008 Ford V10 8FMXE0265GAT 6.8 CNG Ford 12/01/2008 Retired 12/31/2020 $ 99,257 88.53% CA-95-X039 City of Visalia DAR Cutaway 2015 Good
3. Trolley
Fleet #
Fixed
Asset # VIN
License
Plate Manufacture Year Bus Make Bus Model
Engine Model
Year
Engine
Manufacturer Engine Model
Engine Family
Name Displacement (L) Fuel Type
Chassis (if
Applicable) Date In-Service Status Retired Date Purchase Price Fed % Grant # Tile Holder Mode Bus
Type Useful Life Condition
Low NOx Certificate
Standard (g/hp-hr)
1874 F13257 1F66F5DY6D0A04780 1405513 2013 Supreme CLASSIC TROLLY 2013 Ford V10 DFMXF0265NAT 6.8 CNG 08/21/2013 Active $ 216,580 83.00% CA-58-0010 City of Visalia TROLLEY Standard 2025 Good 1829 F13764 1F66F5DY4D0A13395 1405452 2013 Supreme CLASSIC TROLLY 2013 Ford V10 DFMXF0265NAT 6.8 CNG 08/21/2013 Active $ 214,467 83.00% CA-58-0010 City of Visalia TROLLEY Standard 2025 Good
4. Sequoia Shuttle
Fleet #
Fixed
Asset # VIN
License
Plate Manufacture Year Bus Make Bus Model
Engine Model
Year
Engine
Manufacturer Engine Model
Engine Family
Name Displacement (L) Fuel Type
Chassis (if
Applicable) Date In-Service Status Retired Date Purchase Price Fed % Grant # Tile Holder Mode Bus
Type Useful Life Condition
Low NOx Certificate
Standard (g/hp-hr)
106 F10572 1FGXE45S57DA83621 1253475 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 88.53% CA-20-X001 City of Visalia SEKI Cutaway 2014 Good 107 F10573 1FGXE45S37DA88235 1253474 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 88.53% CA-20-X001 City of Visalia SEKI Cutaway 2014 Good 108 F10574 1FGXE45S77DA88237 1253477 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 88.53% CA-20-X001 City of Visalia SEKI Cutaway 2014 Good 109 F10575 1FGXE45S87DA88246 1253472 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 88.53% CA-20-X001 City of Visalia SEKI Cutaway 2014 Good 110 F10576 1FGXE45SX7DA88250 1253470 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 88.53% CA-20-X001 City of Visalia SEKI Cutaway 2014 Good 111 F10577 1FGXE45SX7DA88247 1253471 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2014 Good 112 F10578 1FGXE45S57DA88236 1253473 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2014 Good 113 F10579 1FGXE45S47DA88261 1253469 2007 Strarcraft Allstar 2007 Ford V10 7FMXH06.8AS4 6.8 Gasoline Ford 03/09/2007 Active $ 73,118 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2014 Good 114 F11419 1FD4E45S38DB13638 1312562 2008 Strarcraft Allstar 2008 Ford V10 8FMXH06.8AS4 6.8 Gasoline Ford 07/11/2008 Active $ 69,047 88.53% CA-90Y335 City of Visalia SEKI Cutaway 2015 Good 115 F11421 1FD4E45S58DB13639 1312563 2008 Strarcraft Allstar 2008 Ford V10 8FMXH06.8AS4 6.8 Gasoline Ford 07/03/2008 Active $ 69,047 88.53% CA-90Y335 City of Visalia SEKI Cutaway 2015 Good 116 F11819 1FD4E45SX8DB60164 1339349 2008 Strarcraft Allstar 2009 Ford V10 9FMXE06.8AFA 6.8 Gasoline Ford 09/22/2009 Active $ 73,137 100.00% CA-20-X003 City of Visalia SEKI Cutaway 2016 Good 117 F11820 1FD4E45S98DB60172 1345183 2008 Strarcraft Allstar 2009 Ford V10 9FMXE06.8AFA 6.8 Gasoline Ford 09/22/2009 Active $ 73,137 100.00% CA-20-X003 City of Visalia SEKI Cutaway 2016 Good 118 F13255 1FDFE4FS7DDA59584 1407564 2013 Elkhart Coach Elkhart Coach 2013 Ford V10 DFMXE06.8AFA 6.8 Gasoline Ford 04/17/2013 Active $ 88,958 100.00% CA-20-X011 City of Visalia SEKI Cutaway 2020 Good 119 F13256 1FDFE4FS5DDA59583 1407563 2013 Elkhart Coach Elkhart Coach 2013 Ford V10 DFMXE06.8AFA 6.8 Gasoline Ford 04/17/2013 Active $ 88,958 100.00% CA-20-X011 City of Visalia SEKI Cutaway 2020 Good 120 F14495 1FDFE4FS5FDA17739 1473302 2015 Strarcraft Allstar 2014 Ford V10 EFMXE06.8AFA 6.8 Gasoline Ford 05/01/2015 Active 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2022 Good 121 F15022 1FDXE45577DA91722 1258808 2007 Glaval Glaval 2007 Ford V10 7FMXH06.8BST 6.8 Gasoline Ford 07/26/2016 Active $ 2,500 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2023 122 F15025 1FDXE45S07DA91724 1258810 2007 Glaval Glaval 2007 Ford V10 7FMXH06.8BST 6.8 Gasoline Ford 07/26/2016 Active $ 2,500 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2023 123 F15024 1FDXE45S27DA91725 1258811 2007 Glaval Glaval 2007 Ford V10 7FMXH06.8BST 6.8 Gasoline Ford 07/26/2016 Active $ 1,000 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2023 124 F15023 1FDXE45S37DA87909 1258814 2007 Glaval Glaval 2007 Ford V10 7FMXH06.8BST 6.8 Gasoline Ford 07/26/2016 Active $ 1,000 0.00% Non-FTA Funded City of Visalia SEKI Cutaway 2023 1201 F12887 15GGB301XC1179190 1368750 2012 Gillig BRT LOWFLOOR 2012 Cummins ISB CCEXH0408BAN 6.7 Diesel Hybrid 03/26/2012 Active $ 646,763 80.00% CA-58-0010 City of Visalia SEKI Standard 2024 Good
VISALIA TRANSIT VEHICLES
Buses
Exhibit D Visalia Transit Fleet
846
1202 F12886 15GGB3011C1179191 1368755 2012 Gillig BRT LOWFLOOR 2012 Cummins ISB CCEXH0408BAN 6.7 Diesel Hybrid 03/26/2012 Active $ 646,763 80.00% CA-58-0010 City of Visalia SEKI Standard 2024 Good 1203 F12885 15GGB3013C1179192 1368754 2012 Gillig BRT LOWFLOOR 2012 Cummins ISB CCEXH0408BAN 6.7 Diesel Hybrid 03/26/2012 Active $ 646,763 80.00% CA-58-0010 City of Visalia SEKI Standard 2024 Good 1204 F12884 15GGB3015C1179193 1368753 2012 Gillig BRT LOWFLOOR 2012 Cummins ISB CCEXH0408BAN 6.7 Diesel Hybrid 03/26/2012 Active $ 646,763 80.00% CA-20-X009 City of Visalia SEKI Standard 2024 Good 1205 F12883 15GGE3010C1092356 1368751 2012 Gillig BRT LOWFLOOR 2012 Cummins ISB CCEXH0408BAN 6.7 Diesel Hybrid 03/26/2012 Active $ 633,741 80.00% CA-58-0010 City of Visalia SEKI Standard 2024 Good 1206 F12882 15GGE3012C1092357 1368752 2012 Gillig BRT LOWFLOOR 2012 Cummins ISB CCEXH0408BAN 6.7 Diesel Hybrid 03/26/2012 Active $ 633,741 80.00% CA-58-0010 City of Visalia SEKI Standard 2024 Good 1820 F15236 15GGE3019J3093295 1442456 2018 Gillig BRT LOWFLOOR 2018 Cummins B6.7 JCEXH0408BAV 6.7 Diesel Hybrid 05/21/2018 Active $ 736,808 0.00% NPS Capital City of Visalia SEKI Standard 2030 Excellent 1821 F15233 15GGE3010J3093296 1442457 2018 Gillig BRT LOWFLOOR 2018 Cummins B6.7 JCEXH0408BAV 6.7 Diesel Hybrid 05/21/2018 Active $ 736,808 0.00% NPS Capital City of Visalia SEKI Standard 2030 Excellent
5. V-LINE
Fleet #
Fixed
Asset # VIN
License
Plate Manufacture Year Bus Make Bus Model
Engine Model
Year
Engine
Manufacturer Engine Model
Engine Family
Name Displacement (L) Fuel Type
Chassis (if
Applicable) Date In-Service Status Retired Date Purchase Price Fed % Grant # Tile Holder Mode Bus
Type Useful Life Condition
Low NOx Certificate
Standard (g/hp-hr)
1501 F14688 1FDFE4FS4GDC05487 1473632 2016 Strarcraft Allstar 2016 Ford V10 GFMXF0265NAT 6.8 CNG Ford 11/18/2015 Active $ 123,615 80.00% 64CC15-00342 City of Visalia V-LINE Cutaway 2022 Good 1502 F14686 1FDFE4FS0GDC05487 1473630 2016 Strarcraft Allstar 2016 Ford V10 GFMXF0265NAT 6.8 CNG Ford 11/18/2015 Active $ 123,615 80.00% 64CC15-00342 City of Visalia V-LINE Cutaway 2022 Good 1503 F14687 1FDFE4FS2GDC05488 1473631 2016 Strarcraft Allstar 2016 Ford V10 GFMXF0265NAT 6.8 CNG Ford 11/18/2015 Active $ 123,615 80.00% 64CC15-00342 City of Visalia V-LINE Cutaway 2022 Good 1930 F16438 15GGD3116K3194118 1442508 2019 Gillig BRT LOWFLOOR 2019 Cummins L9N KCEXH0540LBM 8.9 CNG 10/14/2019 Active $ 656,939 0.00% CA-2019-135 City of Visalia V-LINE Standard 2031 Good 0.02 1931 F16439 15GGD3118K3194119 1442509 2019 Gillig BRT LOWFLOOR 2019 Cummins L9N KCEXH0540LBM 8.9 CNG 10/14/2019 Active $ 656,939 0.00% CA-2019-135 City of Visalia V-LINE Standard 2031 Good 0.02
6. LOOP Buses
Fleet #
Fixed
Asset # VIN
License
Plate Manufacture Year Bus Make Bus Model
Engine Model
Year
Engine
Manufacturer Engine Model
Engine Family
Name Displacement (L) Fuel Type
Chassis (if
Applicable) Date In-Service Status Retired Date Purchase Price Fed % Grant # Tile Holder Mode Bus
Type Useful Life Condition
Low NOx Certificate
Standard (g/hp-hr)
6278 F11621? 1FD4E45S58DA18529 1320437? 2008 Strarcraft Allstar 2008 Ford V10 8FMXE0265GAT 6.8 CNG Ford 11/21/2008 Active $ 99,257 88.53% CA-95-X039 City of Visalia DAR Cutaway 2015 Good 847
Revenue Vehicles
Fleet # Fixed Asset # VIN License Plate
Manufacture
Year Make Model Fuel Type
Date InService Status Retired DatePurchase
Price Fed % Grant # Mode Useful Life Condition # of Seats GVWR (lbs.) Odometer
Reading (mi.)
Odometer
Reading Date
MV1 57WMD1B67EM100041 2015 Mobility Ventures MV1 CNG 03/24/2015 Active $ 60,918 100.00% CA-58-0010 Supervisor/Revenue 7 Good 5 MV2 57WMD1B61EM100035 2015 Mobility Ventures MV1 CNG 03/24/2015 Active $ 60,918 100.00% CA-58-0010 Supervisor/Revenue 7 Good 5 UT 1FDAX4HR3AEA09043 2010 Ford F-450 Deisel 09/08/2010 Active $ 50,633 100.00% CA-20-X003 SEKI Service Truck 7 Good 3 2002 Chevy S-10 Service Truck Parts
848
Equipment ID assigned by Fleet
VEHICLE PURPOSE EQUIP. ID
PRIUS CAR TRANSIT 223208
N/A GENERAL ALLOCATION (EVERY DIVISION HAS AN ALLOCATION NUMBER) 415000 FORD TRUCK SERVICE TRUCK ( USED AT PARK DURING SEASON) 415002 TAHOE SUV TRANSIT 415004
FORD TRUCK TRANSIT BUILDING MAINTENANCE 415006
IONIQ CAR OUTREACH COORDINATOR 415007
849
SVC Date
FLEET #
VEH
YEAR
PURCHAS
E DATE STATUS MAKE / MODEL FAMILY VIN NUMBER Vin Actual PLATE Y/N
LICENSE
#
PURCHASE
PRICE: Action
Current
Location
Useful
Life Condition Notes
V-1 2006 FORIV TRAILER 4x4 TWDH226P194971 4X4TWDH226P194971 1322773 1322773 $ 18,500.00 Park V-2 2006 FORIV TRAILER 4x4 TWDH296P194563 4X4TWDH296P194563 1322773 1322772 $ Park Frame/body twisted. Next Replacement 18,500.00 V-3 2006 FORIV TRAILER 4x4 TWDH286P100374 4X4TWDH296P100374 1322773 1322775 $ 18,500.00 Park V-5 2006 FORIV TRAILER 4x4 TWDH296P194658 4X4TWDH296P194658 1322773 1322776 $ 18,500.00 Park V-7 2006 FORIV TRAILER 4x4 TCKH275P094067 4X4TCKH275P094067 1322773 1322771 $ 18,500.00 Park V-8 2006 FORIV TRAILER 4x4 TWDH276P194626 4X4TWDH276P194626 1322773 1322777 $ 18,500.00 Park Next Replacement V-9 2006 FORIV TRAILER 4x4 TSMH2060C008704 4X4TSMH206C008704 1322773 1344525 $ 3,995.00 Park V-10 2006 Retire FORIV TRAILER 4x4 TSMH275JC14843 4X4TSMH275J014848 1344524 175145 $ 3,995.00 Cain Yard Dispose Flooring beyond repair. Can't be sold (FEMA) V-11 2006 FORIV TRAILER 4x4 TWDH236P194655 4X4TWDH236P194655 1322773 1344526 $ 3,995.00 Cain Yard V-12 2006 FORIV TRAILER 4x4 TWDH216P194847 4X4TWDH216P194847 1344523 1233184 $ 3,995.00 Park V-14 2005 Wildwood 4x4 4X4TSMX245C007152 1ED1H2628X1578374 N/A 1414532 $ Cain Yard 13,272.60 V-17 2006 SUMMIT 4XTTN222X6C764923 N/A N/A 148783 Cain Yard V-18 2021 01/28/2022 Dutchman Kodiak 227BH 4YDT22720MJ970552 1NL1G2728M3043325 1485782 1485781 $ 30,089.72 Park NEW V-19 2021 01/28/2022 Gulf Stream Enlighten 25BH 1NL1G2728M3043325 4YDT22720MJ970552 1485781 1485782 26,081.14 $ Park NEW
VISALIA TRANSIT VEHICLES
Sequoia Shuttle Trailers
850
SVC Date
FLEET #
VEH
YEAR
PURCHASE
DATE STATUS MAKE / MODEL FAMILY Vin Actual
PLATE
Y/N
LICENSE
#
Auction V-15 1999 Retire FORIV TRAILER 4x4 4X4TSMX245C007152 N/A 1414534 Auction V-6 2006 Retire FORIV TRAILER 4x4 4X4TWDH266P195069 1322815 1322815 Auction V-13 2006 Retire FORIV TRAILER 4x4 4X4TSMH2061016524 N/A 1344527 Auction V-16 2005 Retire FLEETWOOD PEGAS 4CF2R292951500406 N/A 1414533 Auction V-4 2006 FORIV TRAILER 4x4 4X4TSMH206JO16524 1322774 1322774 851
Fleet #
Fixed
Asset # plate VIN
License
Plate
Manufacture
Year
Bus
Make
Bus
Model
Engine
Model
Year
Engine
Manufactur
er Engine Model
Engine
Family
Name
Displace
ment (L)
Fuel
Type
Useful
Life
Conditio
n
Low NOx
Certificate
Standard
(g/hp-hr)
Low NOx
Executive
Order
Number
Length
(ft.)
# of
Seats
GVWR
(lbs.)
Odometer
Reading
(mi.)
Odometer
Reading
Date
auction 6292 F15019 1VAGF3W2896704808 1290921 2009 Orion FXRB 2009 Cummins ISL G 9CEXH0540LBD 8.9 CNG #REF! Good 0.02 A-021-0492 35 33 42,540 592,042 11/01/2022 auction 6293 F15018 1VHGF3W2X96704809 1290923 2009 Orion FXRB 2009 Cummins ISL G 9CEXH0540LBD 8.9 CNG #REF! Good 0.02 A-021-0492 35 33 42,540 599,182 11/01/2022 auction 6260 F10198 1VHGF3L2866702489 1233418 2006 Orion ORV 2006 John Deere POWERTECH 8.16JDXH08.1066 8.1 CNG #REF! Good 35 33 42,540 489,890 05/31/2021 auction 6261 F10200 1VHGF3L2466702490 1233419 2006 Orion ORV 2006 John Deere POWERTECH 8.16JDXH08.1066 8.1 CNG #REF! Good 35 33 42,540 227,588 05/31/2021 auction 6262 F10202 1VHGF3L2766702502 1233420 2006 Orion ORV 2006 John Deere POWERTECH 8.16JDXH08.1066 8.1 CNG #REF! Good 35 33 42,540 488,519 06/23/2021 auction 6265 F10209 1VHGF3L2866702511 1233423 2006 Orion ORV 2006 John Deere POWERTECH 8.16JDXH08.1066 8.1 CNG #REF! Good 35 33 42,540 208,518 05/31/2021 auction 6266 F10211 1VHGF3L2366702514 1233424 2006 Orion ORV 2006 John Deere POWERTECH 8.16JDXH08.1066 8.1 CNG #REF! Good 35 33 42,540 306,979 05/31/2021 auction 1853 F10963 4UZAACB338CZ86222 1263939 2008 FreightlinerSTARTRANS 2008 Cummins B GAS PLUS 8CEXH0359BBG 5.9 CNG #REF! Good 22 32 25,500 57,070 05/31/2021 auction 1858 F10965 4UZAACB318CZ86221 1263938 2008 FreightlinerSTARTRANS 2008 Cummins B GAS PLUS 8CEXH0359BBG 5.9 CNG #REF! Good 22 32 25,500 62,683 05/31/2021 auction 1860 F10964 4UZAACB358CZ86223 1263940 2008 FreightlinerSTARTRANS 2008 Cummins B GAS PLUS 8CEXH0359BBG 5.9 CNG #REF! Good 22 32 25,500 60,652 05/31/2021 auction 6257 F07698 15GGB201041073181 416227 2004 Gillig LOW FLOOR 2004 DETROIT S50 4DDXH08.5FJG 8.5 Diesel #REF! Good 35 31 39,500 460,462 11/01/2022 auction 6258 F07699 15GGB201241073182 416228 2004 Gillig LOW FLOOR 2004 DETROIT S50 4DDXH08.5FJG 8.5 Diesel #REF! Good 35 31 39,500 577,109 11/01/2022 auction 6259 F07697 15GGB201441073183 416229 2004 Gillig LOW FLOOR 2004 DETROIT S50 4DDXH08.5FJG 8.5 Diesel #REF! Good 35 31 39,500 489,622 11/01/2022 auction 6277 F11621 1FD4E45S78DA18533 1320437 2008 Strarcraft Allstar 2008 Ford V10 8FMXE0265GAT 6.8 CNG #REF! Good 23 18 22,000 159,711 11/01/2022 852
PROFESSIONAL SERVICES AGREEMENT
FOR
Short Range Transit Plan/Reimagine Study
This Agreement, entered into this ________ day of ________________, 20____, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONSULTANT”.
W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, for the cost identified in Exhibit “B” - Project Fee.
B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “C” - Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.
II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of Consultant’s Notice to Proceed following City Council approval of this Agreement and shall complete the work within the timeframes outlined in Exhibit “A”, unless otherwise extended in writing by CITY, in its sole discretion.
If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.
CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.
853
III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, as payment in full, a sum not to exceed _______________________________________ dollars ($ ). This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”.
B. Payment of Compensation: The CONSULTANT shall be compensated according to the progress payment schedule set forth in Exhibit “D” upon completion of percentage of each noted phase. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The Transit 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: ______________ 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 thirty (30) days before the effective date of such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of ten (10) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
854
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.
2. Except with respect to defaults of subconsultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.
4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
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 pretermination 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.
855
B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.
VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
VIII. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.
B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.
IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XI. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY. 856
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.
Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes.
XII. INDEMNIFICATION AND INSURANCE
A. As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of CONSULTANT’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.
B. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
C. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, defense costs, liability, or consequential damages of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
857
D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers’ compensation insurance as required by California statues.
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.
F. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA 93291.” In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement. 858
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.
XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XIV. MISCELLANEOUS PROVISIONS
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 the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. 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.
D. 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:
859
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 that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. 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.
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. 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.
I. 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.
J. 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.
K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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
CITY OF VISALIA
707 W. Acequia Ave.
Visalia, CA 93291
Attention: City Clerk
CONSULTANT
__________________________
__________________________
Attention: __________________
Phone:
Email:
860
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.
The following are Attachments for this Agreement. Said Attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Exhibit A Scope of Work
Attachment 2 Exhibit B Project Fees
Attachment 3 Exhibit C Request for Proposal
Attachment 4 Additional Clauses and assurances
Attachment 5 Contractor Proposal
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CITY OF VISALIA CONSULTANT
__________________________________ _______________________________ City Manager Date Date
Approved as to Form
__________________________________
City Attorney Date
_________________________________
Risk Manager Date
_________________________________
Project Manager Date
861
Attachment 1
– Exhibit A
SRTP/Reimagine Study - Scope of Work
Background
Initiated by the City of Visalia in 1981 and rebranded in 2010, Visalia Transit (VT) public transit system provides fixed-route and demand-response transit services within the Visalia Urbanized Area. An estimated population of 146,000 resides in VT's 40 square mile service area.
The CITY finances VT through a combination of fare revenues, Transportation Development Act (sales tax) allocations, and Federal Transit Administration (FTA) Section 5307 funds. A portion of the funding is contributed by the County of Tulare under a contract for the provision of VT service to county residents residing within the city’s urbanized area.
The VT fixed-route service consists of 13 routes. Operating hours are approximately 6:00 a.m. to 9:30 p.m., Monday through Friday, excluding holidays; 8:00 a.m. to 6:30 p.m. on weekends. Twenty-six buses are operated during base level service. Our fixed route services cover three cities (Visalia, Farmerville, Exeter) and surrounding rural communities. This schedule results in an annual total of about 113,680 vehicle revenue hours and 1,615,500 vehicle revenue miles.
The traditional demand-response service, referred to as Dial-a-Ride, operates with approximately five vehicles, during the same days and hours as the fixed route service.
Dial-a-Ride is available to any member of the public, but its priority is to provide complementary paratransit service as called for in the Americans with Disabilities Act (ADA). Existing marketing, fare structure, and operating policies encourage transit patrons to use the fixed routes as the primary service.
The Sequoia Shuttle operates from Visalia to the Sequoia National Park, seven days a week, between the Thursday before Memorial Day weekend through early September.
Operating hours are approximately from 6:00 a.m. to 6:30 p.m. More information is available online at www.SequoiaShuttle.com.
The Visalia V-Line operates 7 days a week to and from Fresno Yosemite International Airport (FAT) and California State University (CSU), Fresno for students and travelers.
The route also serves the Visalia Municipal Airport and Courthouse Park in downtown Fresno.
The newest VT service is an on-demand micro transit pilot called Visalia Connect.
Visalia Connect operates 7 days a week, with the same hours as Fixed Route and DAR services.
Since the emergence of the covid pandemic earlier in this decade, transit agencies nationwide have seen dramatic shifts in travel patterns, demand, and rider behavior.
With ridership still hovering between 50 and 60% of 2019 levels, there is a need for the system to be reinvigorated and “reimagined”. Visalia Transit launched Visalia Connect, the new micro transit service, in June 2025 and is already seeing promising ridership 862
numbers. This suggests that micro transit will provide a valuable supplement to existing transit services, enabling a substantial reconfiguration of fixed routes to provide greater convenience and efficiency.
Staff fully expect to see a SRTP that comprehensively redesigns the Visalia Transit system to increase the convenience of riding transit, reduce travel times, concentrate fixed route services when and where they operate most efficiently, and employ micro transit to effectively fill spatial and temporal gaps in scheduled services.
The Visalia City Council is the policymaking body for the VT system. The CITY Transit Division administers, plans, markets, and monitors the transit system. An independent contractor provides maintenance and operating services. The CITY provides buses, radios, electronic fareboxes, video surveillance system, street furnishings, published information, passes, and transfers.
All vehicles are owned by the City of Visalia. Visalia Transit services are operated by RATP Dev USA. Vehicle maintenance is also performed by the contractor. Exhibit “D” provides a complete list of the transit vehicles owned by the CITY. 863
Introduction to Project Objectives
The City of Visalia is seeking proposals from qualified consultants for preparation of the 2026 Short Range Transit Plan/Reimagine Study. A thorough review of existing transit services, including a thorough analysis of data collected from the new micro transit pilot program, coupled with an in-depth analysis of travel demands and demographic characteristics, and input from the public and stakeholders, a solid body of knowledge will be developed in order to address project objectives including: the assessment of the current study area conditions; the development of a financially constrained and unconstrained plans for services; and identify and make recommendations for service efficiencies to fundamentally “reimagine” the Visalia Transit Fixed Route System is what Visalia Transit is seeking from this Short Range Transit Plan/Reimagine Study.
The Consultant shall perform all necessary tasks to provide the City with the 2026 SRTP/Reimagine Study. The project shall include, but not be limited to, updating goals and objectives, conducting analysis and evaluations, recommending and prioritizing options for expansion, updating the 5-year operations plan, updating the Capital Improvement Program and Financial Plan, as well as the preparation of draft and final Visalia Transit 2026 Short Range Transit Plan/Reimagine Study and executive summary to VT for adoption.
The CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) to achieve the CITY’s stated Project Objectives.
A. Project Objectives
The CITY’s primary objective for this Agreement is to obtain professional assistance in the development of a Short-Range Transit Plan (SRTP) covering FYs 2026-2031, including assessment of existing and future public transit services to meet community needs; General Plan and regional connectivity; overall general financial estimates for recommended scenarios, and service delivery options.
In addition, to fulfill the requirements of the Tulare County Association of Governments (TCAG), the purpose of the SRTP also includes, but is not limited to, the following:
1. To propose specific recommendations for satisfying the long-range objectives of TCAG’s Regional Transportation Plan/ Sustainable Communities Strategy and guide the provision of transit services in the region over the next five (5) years.
2. To serve as a management and policy document for the transit operator, as well as a means of providing FTA and TCAG with information necessary to meet regional programming and planning requirements.
3. To facilitate requests for federal, state, and regional funds for capital and operating purposes through development of a comprehensive Capital Improvement and Financial Plan.
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4. To serve as a contributing document that supports the development of TCAG’s Regional Transit Systems Plan and promotes regional connectivity.
5. To develop Key Performance Indicators (KPIs) and targets that will be used to evaluate the operator’s effectiveness as part of the TCAG Triennial Performance Audit of the operator, including resolution of unmet transit needs.
5. To include all statutorily required elements for a short-range transit plan.
B. Proposed Project Tasks
As stated above, the CITY requests that the Proposer suggest changes to the scope of work to achieve the CITY’s stated Project Objectives. Provide a detailed budget and schedule for the following tasks and subtasks:
1. Public Outreach and Coordination
a. The Proposer must ensure that the public is included in the planning process.
To ensure equity, diversity, and inclusion, FTA’s Title VI Circular requirements pertaining to public outreach must be followed rigorously. b. The project will require work with City staff, and the operations contractor.
On-Site work will include on-board surveys of transit riders and at least one (1) meeting with operations contract staff to obtain feedback and suggestions regarding current operations. The survey will be developed with the intent of identifying rider demographics, travel patterns, rider preferences, and top trip generators for transit.
c. A minimum of three (3) presentations to CITY Council are anticipated: one (1) to present results of the initial system evaluation; one (1) to present the preliminary SRTP; and one (1) to present the final plan which should include a more efficient redesigned system with a combination of Fixed Route and Micro Transit or Flex vehicles.
d. Conduct at least four (4) public outreach meetings to obtain feedback regarding system needs and present proposed changes to future service. At least one (1) meeting should be held at TCAG’s Social Services Transportation Advisory Council (SSTAC) and at least one (1) meeting at the College of the Sequoias (COS).
2. Analysis
a. Conduct a critical review of local and regional fixed transit routes in the study area using ride check data, running schedule information, operating data, and financial records provided by Visalia Transit, and user and non-user travel characteristics provided by outreach efforts such as rider/community surveys and driver interviews.
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b. Utilize data collected from on-demand micro transit operations to identify patterns including origin and destination points associated with high trip volumes. Propose effective micro transit staging locations or strategies based on results of analysis. This data should also be utilized to develop new fixed routes in places where demand is high enough to warrant scheduled service.
c. Examine revenue vehicle capacity utilization rates and total cost to operate (e.g. fuel/energy, insurance, maintenance, repairs) to propose appropriate vehicle types and sizes for fixed routes and demand response service.
d. Evaluate all ongoing and upcoming transit capital projects and recommendations, considering how they align with the objectives and recommendations of SRTP.
e. Consider and incorporate all ongoing and upcoming regional coordination efforts with local partnering agencies such as The Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) and others directly related to the Cross Valley Corridor. f. Evaluate the Operations and Maintenance contract and any impacts on pricing negotiations to be considered with system redesign.
See Exhibit D Visalia Transit Fleet sheet to incorporate into project proposals
3. Draft and Final Report
a. Produce a draft plan incorporating all the above-described elements. b. The complete SRTP/Reimagine Study should include all key elements as defined by the Federal Transit Administration (FTA). Those mandatory elements include but are not limited to operational data, service plans, budgets, system assessment, needs assessment, financial plan, public involvement, performance measures, and scenario plan.
Following delivery to CITY staff and presentation to Council, consultants will work with staff to produce a revised study document that addresses any feedback received on the initial draft. The revised document will be presented to Council for adoption.
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Attachment 2 – Exhibit B
Project Fees
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Attachment 3 – Exhibit C
Request for Proposal
October 6, 2025
Request for Proposals
for
2026 Visalia Short Range Transit Plan (SRTP)/Reimagine Study from the
Tulare County Association of Governments (TCAG)
210 N. Church St., Suite B,
Visalia, California 93291
Phone: 559-623-0450
Fax: 559-733-6720
Contact: Sheela Bhongir
Email: [email protected]
Web: www.tularecog.org
Proposal Submittal Deadline November 14th 5:00PM
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I. Introduction to the Request for Proposals (RFP)
The Tulare County Association of Governments (TCAG), as the Metropolitan Planning Organization and the Regional Transportation Planning Agency (RTPA) for Tulare County, is requesting proposals from qualified consultants on behalf of the City of Visalia for the preparation of the 2026 Visalia Short Range Transit Plan (SRTP)/Reimagine Study. The objective of this RFP is to select a qualified consultant to thoroughly analyze existing transit services, including new micro transit pilot data, to fundamentally “reimagine” the Visalia Transit (VT) public transit system. Successful proposals will explain the analytic methods to be utilized and how they will deliver a redesigned public transportation system that is intuitive, convenient, efficient, and which effectively meets the mobility needs of the local transit-reliant population.
A brief history of their transit system, including ongoing challenges and opportunities for growth are described in the Scope of Services document. A joint venture of firms or a single firm for all or part of the tasks described is acceptable to accomplish the anticipated Scope of Services outlined in Attachment A.
II. Scope of Services
Attachment A identifies the Scope of Services.
III. Selection Timeline
October 6 Distribution of Request for Proposals
October 27th Deadline for Written inquiries/questions
November 4th Responses Posted on TCAG website
November 14th Proposals Due to TCAG by 5:00 PM
December 3 & 4th Interviews (potential)
February 23th Consultant selection by TCAG Board
February 24th Finalize Contract
February 25th Work begins
IV. Budget & Consultant Administration Responsibilities
1. Working meetings: Schedule and coordinate all necessary working meetings with Visalia Transit Project Manager, Visalia Transit staff and as needed TCAG staff.
2. Budget: The project is budgeted for Fiscal Year 2025/26. Proposer is expected to provide a price proposal and a detailed budget for completion of all work outlined within the attached scope of work. Ten percent retention will be held for the preparation of the final report and released at contract completion. The desired timeline for completion of the study is 10-12 months after the project kickoff. Proposals with project schedules longer than 12 months will be accepted if a written justification for the extended timeline is provided.
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3. Invoices and progress reports: Invoices and accompanying progress reports shall be submitted monthly. All invoices shall include a description of work completed, including the percentage completed for each project task, and the hourly rate and expenditures for each employee or subcontractor. Direct expenses shall include receipts or an acceptable form of backup.
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V. Proposal Requirements
1. Firm experience and qualifications: Prospective consultants shall provide a summary description of the firm’s overall qualifications for this project and previous experience on similar or related engagements. Qualifications and examples of previous related experience/projects should be included for the project manager and each of the key project staff proposed for the project. For each employee that works on this project (except support or clerical), the proposal must list the location of the office that the employee works. Failure to provide the requested information may disqualify a proposal. (15 page maximum)
2. Understanding of the Project: Prospective consultants shall include a narrative introducing the consultant's understanding of the project requirements. The contents of this section are to be determined by the respondent, but should demonstrate a familiarity with transit planning, short range and long-range plans. This section should demonstrate the consultant’s understanding of the preparation of these reports, including complying with state and federal requirements and guidelines. Prospective consultants should identify in the proposal the types of information needed to complete the Scope of Services.(20 pages maximum)
3. Project Management: Prospective consultants shall designate by name the project manager to be employed. The selected consultant shall not substitute the project manager without prior approval by the VT Transit Manager and TCAG Executive Director. (3 page maximum)
4. Project Personnel: Prospective consultants shall describe the qualifications of all professional personnel assigned to this project, including a summary of similar work or studies each member has performed and a resume of each professional. Project personnel changes require that VT Transit Manager and affiliated TCAG staff are notified. (10 page maximum)
5. References: Prospective consultants shall provide names and contact information for three clients for whom the prospective consultant has performed technical and management assignments of similar complexity to that proposed in this request. At least two references shall be provided for projects on which the proposed and named project manager has worked. Up to one may exclusively include a project on which the proposed professional personnel for this project with the most hours assigned participated in. Full points cannot be awarded for past projects in which the proposed project manager or primary professional assigned did not participate. This could necessitate projects references outside of the work of the proposing firm. A brief summary statement for each assignment shall be provided. (5 page maximum) 873
6. Subcontracting: If subcontractors are used, prospective consultants must submit a description of each person, firm, and the work to be done by each subcontractor. The VT Transit Manager and TCAG Executive Director must approve all subcontractors and no work may be subcontracted nor the subcontractor changed without the prior approval of the TCAG Executive Director.
7. Methodology: Prospective consultants shall describe the approach to the project, specific techniques that will be used, what the reports will include, and the specific administrative and operational management expertise that will be employed. (10 page maximum)
8. Conflict of Interest: Prospective consultants shall disclose any financial, business or other relationship with TCAG, any of the eight incorporated cities in Tulare County, the County of Tulare, or any of their officers or officials that may have an impact on the outcome of the project. The prospective consultant shall also list current clients who may have a financial interest in the outcome of the project.
9. Project Costs: Prospective consultants shall include a cost proposal section or exhibit demonstrating the total cost of the work solicited under this RFP, by task. For each task, estimated costs for should be broken down. Cost proposals shall detail all direct and indirect costs to be incurred for the project, broken down by task, and shall include the labor rates.
10. Signature: The proposal and accompanying certifications shall be signed by an official (or officials, as applicable) authorized to bind the consultant and shall contain a statement to the effect that the proposal is a firm offer for a 90-day period. The proposal shall also provide the following information: type of business entity (i.e. corporation, California limited partnership, etc.) and whether the business entity is registered to do business in California; and name, title, address, and telephone number of individuals with authority to negotiate and contractually bind the company.
11. Insurance Requirements: TCAG will require the selected consultant to obtain and maintain, at consultant's sole cost and expense, insurance coverage as outlined in the attached Sample Consultant Services Contract (Attachment D).
The selected consultant shall maintain said insurance policies in effect during the term of the contract and shall cause all parties supplying services, labor, or materials to maintain insurance in amounts and coverage not less than those specified in the attached Sample Consultant Services Contract.
The selected consultant shall file certifications of this insurance, including all applicable endorsements, with TCAG prior to commencement of its performance under this agreement. Consultant must maintain adequate levels of insurance throughout the duration of the agreement.
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12. Indemnity and Harmless Clause: TCAG will require the selected consultant to hold harmless, defend and indemnify TCAG, their officers, employees and agents from any liability, claims, actions, costs, damages or losses, for injury, including death to any person, or damage to any property arising out of the consultant's services, in accordance with the indemnity language included in the Sample Consultant Services Contract (Attachment E).
13. Ineligible Bidders: Each consultant must certify that it is not included on the U.S.
Comptroller General's Consolidated List of Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor Standards Provisions.
Attachment B must be properly completed and submitted with the proposal.
14. Disadvantaged Business Enterprise (DBE): (only for federally-funded projects) It is the policy of the U.S. Department of Transportation that minority and women-owned business enterprises (herein referred to as DBEs) shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds under this agreement.
The proposal must list the percentage of work, by cost expended, to be completed by DBE-certified consulting firms, prime or sub-consultants. Proof of DBE certification for qualified firms is required to be submitted with the proposal. If the percentage is less than
13.5% an explanation of the attempt and failure to meet this goal must be provided.
Failure to provide the requested information may disqualify the proposal.
15. Title VI of the Civil Rights Act of 1964: The contractor agrees to comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (49 USC 2000d) and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part
21. 16. Equal Employment Opportunity: In connection with the performance of this contract, the contractor shall not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
17. Attachments: Attachments A through E are attached herein. Consultants must complete attachments B and C and include them at the end of the proposal.
Attachment A Scope of Services
Attachment B Debarment and Suspension Notification
Attachment C Workers’ Compensation Insurance
Attachment D Insurance Requirements
Attachment E Sample Consultant Services Contract General Terms and 875
Conditions
VI. Scoring Criteria, Submission, and Selection
1. Selection of Successful Consultant: Selection of the successful consultant will be based on information provided in response to the Request for Proposals, information provided by former clients of the consultant for whom work of a similar scope has been done, interviews, if conducted, and consideration of any exceptions taken to the RFP or taken to the proposed contract terms and conditions. Proposals submitted by each consultant will be evaluated separately based on how well each proposal meets the scoring criteria listed below. In the event that a high number of proposals is received, TCAG reserves the right to interview consultant teams with the higher proposal scores.
Scoring Criteria Points
The Proposal
Comprehension of Project 15
Thoroughness of Proposal 10
Meeting the Project Objectives 25
Project Delivery Time 5
Consultant Qualifications
Qualifications and Experience 25
References 15
Cost
Reasonableness of Cost 5
Subtotal 100
Local Firm1 5
Total Possible Points (RFP) 105
Total Possible Points (Interview) 100
1 Local firms are required to meet both of the following:
- Have a local business office in Tulare County; and
- At least 51% of the work to be conducted by employees in the local office
2. Contract Award: The selected consultant will execute a contract with TCAG after consultant selection approval. The official selection of the consultant, if any, is anticipated to be made by TCAG at its Monday, February 23, 2026, meeting. Unsuccessful proposals will be notified in writing.
3. Modification or Withdrawal of Proposals: Any proposal received prior to the due date and time specified may be withdrawn or modified by written request of the consultant. 876
However, to be considered, the final modified proposal must be received by the date and time specified above. All verbal modifications of these conditions or provisions are void and ineffective for proposal evaluation purposes. Only written changes issued to consultants by the TCAG Executive Director are authorized and binding.
4. Selection Process: All proposals submitted in response to this request will be screened by a selection committee using the provided scoring criteria. Proposal opening does not constitute the awarding of a contract. The contract is not in force until it is awarded by the TCAG Board and executed by Visalia Transit (VT).
a. TCAG may, during the evaluation process, request from any applicant additional information that TCAG deems necessary to determine the applicant’s ability to perform the required services. If such information is requested, the applicant shall be permitted three (3) working days to submit the information requested. b. TCAG reserves the right to select the applicant(s) that in its sole judgment best meets the needs of TCAG. The lowest proposed cost is not the sole criterion for recommending a contract award. TCAG reserves the right to reject any and all proposals and/or negotiate with another party or any other party directly.
c. TCAG reserves the right to conduct interviews. Consultants who will be interviewed will be notified by November 24th for interviews on (December 3 or 4th). TCAG will conduct the interview via Zoom or another electronic medium.
5. Rejection of Proposals: Failure to meet the requirements of the Request for Proposals will be cause for rejection of the proposal. TCAG may reject any proposal if it is conditional, incomplete, contains irregularities, or has inordinately high or low costs. TCAG reserves the right to reject any and all proposals without cause. TCAG may waive an immaterial deviation in a proposal when it determines that waiving a requirement is in the best interest of TCAG. Waiver of an immaterial deviation shall in no way modify the Request for Proposals documents or excuse the applicant from full compliance with the contract requirements, if the applicant is awarded the contract.
6. Public Record: All proposals submitted in response to this RFP shall become the exclusive property of TCAG. At such time as the selection committee recommends a proposal to the TCAG Board and such recommendation appears on the TCAG Board agenda, all proposals submitted in response to this RFP shall become a matter of public record and shall be regarded as public records. If there are any trade or proprietary secrets included by the consultant, the consultant may provide a different copy of the proposal that would be acceptable to release to the public.
7. Method of Payment: Payment to the selected consultant will be made upon successful completion of project tasks as invoiced by the consultant. Pre-award expenses shall not be allowed. Cash advances will not be available.
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VII. Other Conditions
1. Reservation of Right to Withdraw RFP and/or Not Award Contract: TCAG reserves the right to amend or withdraw this RFP at any time without prior notice. Revisions to the RFP, if any, will be emailed to all consultants to whom the original RFP was distributed in addition to posting online with the notice of the RFP. Furthermore, TCAG makes no representations that any agreement will be awarded to any consultant responding to this RFP. TCAG expressly reserves the right to reject any and all proposals in response to this RFP without indicating any reasons for such rejection.
2. TCAG Property: All data, documents and other information provided to TCAG by the Contractor shall become property of TCAG.
3. Pre-Contractual Expenses Not Allowed: TCAG shall not, in any event, be liable for any precontractual expenses incurred by any consultant. Pre-contractual expenses are defined as expenses incurred by prospective consultants such as:
a. Preparing and submitting a proposal in response to this RFP b. Negotiating with TCAG on any matter related to this RFP, proposal and/or contractual agreement
c. Any other expenses incurred by the consultant prior to the date of a Notice to Proceed.
VIII. Proposal Submittal
Proposals must be received electronically no later than 5:00 PM on November 14th. It is recommended that a submittal email is sent without an attachment, as attachments may be too large, and access be granted for TCAG to download your document. This could be done via FTP, Dropbox, Hightail, or another service as provided by prospective consultants. Please submit to Sheela Bhongir, at [email protected].
IX. Questions
Questions should be directed to (Sheela Bhongir) at ([email protected]). All questions must be submitted in writing by 5:00 p.m. on October 27th. Questions and responses will be posted in writing on the TCAG website. Please check www.tularecog.org/tcag/rfpscontracts/rfps regularly for amendments or additional information on this RFP. Consultants that are considering responding to this RFP are forbidden from contacting members of the Tulare County Association of Governments to discuss their proposal. Failure to comply with this requirement may cause your proposal to be denied without review.
SRTP/Reimagine Study - Scope of Work
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Background
Initiated by the City of Visalia in 1981 and rebranded in 2010, the Visalia Transit (VT) public transit system provides fixed-route and demand-response transit services within the Visalia Urbanized Area. An estimated population of 146,000 resides in VT's 40 square mile service area.
The CITY finances VT through a combination of fare revenues, Transportation Development Act (sales tax) allocations, and Federal Transit Administration (FTA) Section 5307 funds. A portion of the funding is contributed by the County of Tulare under a contract for the provision of VT service to county residents residing within the city’s urbanized area.
The VT fixed-route service consists of 13 routes. Operating hours are approximately 6:00 a.m. to 9:30 p.m., Monday through Friday, excluding holidays; 8:00 a.m. to 6:30 p.m. on weekends. Twenty-six buses are operated during base level service. Our fixed route services cover three cities (Visalia, Farmerville, Exeter) and surrounding rural communities. This schedule results in an annual total of about 113,680 vehicle revenue hours and 1,615,500 vehicle revenue miles.
The traditional demand-response service, referred to as Dial-a-Ride, operates with approximately five vehicles, during the same days and hours as the fixed route service.
Dial-a-Ride is available to any member of the public, but its priority is to provide complementary paratransit service as called for in the Americans with Disabilities Act (ADA). Existing marketing, fare structure, and operating policies encourage transit patrons to use the fixed routes as the primary service.
The Sequoia Shuttle operates from Visalia to the Sequoia National Park, seven days a week, between the Thursday before Memorial Day weekend through early September.
Operating hours are approximately from 6:00 a.m. to 6:30 p.m. More information is available online at www.SequoiaShuttle.com.
The Visalia V-Line operates 7 days a week to and from Fresno Yosemite International Airport (FAT) and California State University (CSU), Fresno for students and travelers.
The route also serves the Visalia Municipal Airport and Courthouse Park in downtown Fresno.
The newest VT service is an on-demand micro transit pilot called Visalia Connect.
Visalia Connect operates 7 days a week, with the same hours as Fixed Route and DAR services.
Since the emergence of the covid pandemic earlier in this decade, transit agencies nationwide have seen dramatic shifts in travel patterns, demand, and rider behavior.
With ridership still hovering between 50 and 60% of 2019 levels, there is a need for the 879
system to be reinvigorated and “reimagined”. Visalia Transit launched Visalia Connect, the new micro transit service, in June 2025 and is already seeing promising ridership numbers. This suggests that micro transit will provide a valuable supplement to existing transit services, enabling a substantial reconfiguration of fixed routes to provide greater convenience and efficiency.
Staff fully expect to see a SRTP that comprehensively redesigns the Visalia Transit system to increase the convenience of riding transit, reduce travel times, concentrate fixed route services when and where they operate most efficiently, and employ micro transit to effectively fill spatial and temporal gaps in scheduled services.
The Visalia City Council is the policymaking body for the VT system. The CITY Transit Division administers, plans, markets, and monitors the transit system. An independent contractor provides maintenance and operating services. The CITY provides buses, radios, electronic fareboxes, video surveillance system, street furnishings, published information, passes, and transfers.
All vehicles are owned by the City of Visalia. Visalia Transit services are operated by RATP Dev USA. Vehicle maintenance is also performed by the contractor. Exhibit “D” provides a complete list of the transit vehicles owned by the CITY.
Introduction to Project Objectives
The City of Visalia is seeking proposals from qualified consultants for preparation of the 2026 Short Range Transit Plan/Reimagine Study. A thorough review of existing transit services, including a thorough analysis of data collected from the new micro transit pilot program, coupled with an in-depth analysis of travel demands and demographic characteristics, and input from the public and stakeholders, a solid body of knowledge will be developed in order to address project objectives including: the assessment of the current study area conditions; the development of a financially constrained and unconstrained plans for services; and identify and make recommendations for service efficiencies to fundamentally “reimagine” the Visalia Transit Fixed Route System is what Visalia Transit is seeking from this Short Range Transit Plan/Reimagine Study.
The Consultant shall perform all necessary tasks to provide the City with the 2026 SRTP/Reimagine Study. The project shall include, but not be limited to, updating goals and objectives, conducting analysis and evaluations, recommending and prioritizing options for expansion, updating the 5-year operations plan, updating the Capital Improvement Program and Financial Plan, as well as the preparation of draft and final Visalia Transit 2026 Short Range Transit Plan/Reimagine Study and executive summary to VT for adoption.
The CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) to achieve the CITY’s stated Project Objectives. 880
A. Project Objectives
The CITY’s primary objective for this Agreement is to obtain professional assistance in the development of a Short-Range Transit Plan (SRTP) covering FYs 2026-2031, including assessment of existing and future public transit services to meet community needs; General Plan and regional connectivity; overall general financial estimates for recommended scenarios, and service delivery options.
In addition, to fulfill the requirements of the Tulare County Association of Governments (TCAG), the purpose of the SRTP also includes, but is not limited to, the following:
1. To propose specific recommendations for satisfying the long-range objectives of TCAG’s Regional Transportation Plan/ Sustainable Communities Strategy and guide the provision of transit services in the region over the next five (5) years.
2. To serve as a management and policy document for the transit operator, as well as a means of providing FTA and TCAG with information necessary to meet regional programming and planning requirements.
3. To facilitate requests for federal, state, and regional funds for capital and operating purposes through development of a comprehensive Capital Improvement and Financial Plan.
4. To serve as a contributing document that supports the development of TCAG’s Regional Transit Systems Plan and promotes regional connectivity.
5. To develop Key Performance Indicators (KPIs) and targets that will be used to evaluate the operator’s effectiveness as part of the TCAG Triennial Performance Audit of the operator, including resolution of unmet transit needs.
6. To include all statutorily required elements for a short-range transit plan.
B. Proposed Project Tasks
As stated above, the CITY requests that the Proposer suggest changes to the scope of work to achieve the CITY’s stated Project Objectives. Provide a detailed budget and schedule for the following tasks and subtasks:
1. Public Outreach and Coordination
a. The Proposer must ensure that the public is included in the planning process.
To ensure equity, diversity, and inclusion, FTA’s Title VI Circular requirements pertaining to public outreach must be followed rigorously. b. The project will require work with City staff, and the operations contractor.
On-Site work will include on-board surveys of transit riders and at least one 881
(1) meeting with operations contract staff to obtain feedback and suggestions regarding current operations. The survey will be developed with the intent of identifying rider demographics, travel patterns, rider preferences, and top trip generators for transit.
c. A minimum of three (3) presentations to CITY Council are anticipated: one (1) to present results of the initial system evaluation; one (1) to present the preliminary SRTP; and one (1) to present the final plan which should include a more efficient redesigned system with a combination of Fixed Route and Micro Transit or Flex vehicles.
d. Conduct at least four (4) public outreach meetings to obtain feedback regarding system needs and present proposed changes to future service. At least one (1) meeting should be held at TCAG’s Social Services Transportation Advisory Council (SSTAC) and at least one (1) meeting at the College of the Sequoias (COS).
2. Analysis
a. Conduct a critical review of local and regional fixed transit routes in the study area using ride check data, running schedule information, operating data, and financial records provided by Visalia Transit, and user and non-user travel characteristics provided by outreach efforts such as rider/community surveys and driver interviews.
b. Utilize data collected from on-demand micro transit operations to identify patterns including origin and destination points associated with high trip volumes. Propose effective micro transit staging locations or strategies based on results of analysis. This data should also be utilized to develop new fixed routes in places where demand is high enough to warrant scheduled service.
c. Examine revenue vehicle capacity utilization rates and total cost to operate (e.g. fuel/energy, insurance, maintenance, repairs) to propose appropriate vehicle types and sizes for fixed routes and demandresponse service. d. Evaluate all ongoing and upcoming transit capital projects and recommendations, considering how they align with the objectives and recommendations of SRTP.
e. Consider and incorporate all ongoing and upcoming regional coordination efforts with local partnering agencies such as The Tulare County Association of Governments (TCAG), Tulare County Regional Transit Agency (TCRTA) 882
and others directly related to the Cross Valley Corridor. f. Evaluate the Operations and Maintenance contract and any impacts on pricing negotiations to be considered with system redesign.
See Exhibit D Visalia Transit Fleet sheet to incorporate into project proposals
3. Draft and Final Report
a. Produce a draft plan incorporating all the above-described elements. b. The complete SRTP/Reimagine Study should include all key elements as defined by the Federal Transit Administration (FTA). Those mandatory elements include but are not limited to operational data, service plans, budgets, system assessment, needs assessment, financial plan, public involvement, performance measures, and scenario plan.
Following delivery to CITY staff and presentation to Council, consultants will work with staff to produce a revised study document that addresses any feedback received on the initial draft. The revised document will be presented to Council for adoption.
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Attachment 4
Additional Clauses and Assurances
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Attachment 5 – Contractor proposal
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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
Jarrett Walker & Associates, LLC_________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company 1021 SE Caruthers St, Portland, Oregon, 97214____________________________________________ 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:
Jarrett Walker, Scudder Wagg, Michelle Poyourow, Evan Landman, Gavin Pritchard, Ricky Anguiera, Alvaro Caviedes_____________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:__X__. 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.
Jarrett Walker & Associates, LLC _____________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ Scudder Wagg, President __________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 952
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0557 Agenda Date: 1/20/2026 Agenda #: 9.
Agenda Item Wording:
Award on-call construction management and resident engineering services contract - Authorize the City Manager to execute a one-year contract, with the option to renew for an additional four one-year periods, with four construction management and resident engineer consultants consisting of 4 Creeks, Inc., A & M Consulting Engineers, CCME, Inc., and NV5, Inc.; and place these firms on an on-call list to provide construction management and resident engineer services and related services in support of the city’s capital improvement projects. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council.
Deadline for Action: 1/20/2026
Submitting Department: Community Development
Contact Name and Phone Number:
UnChong Parry, Senior Project Manager, [email protected], 713-4491 Christopher Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Eng. & Bldg. Director, [email protected], 713-4495 Department Recommendation:
Staff recommends that the city council authorize the City Manager to execute a one-year contract with four (4) on-call construction management (CM) and resident engineer (RE) consulting firms consisting of 4 Creeks, Inc., A & M Consulting Engineers, CCME, Inc., and NV5, Inc.; and place these firms on an on-call list to provide construction management, resident engineer, and related services in support of the city’s capital improvement projects. Each contract will be eligible for annual renewal up to four (4) additional consecutive years. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council.
Background Discussion:
On January 19, 2021, Request for Proposal 20-21-18 for On-Call Construction Management and Resident Engineer Services was approved. This contract was awarded to three consulting firms: 4 Creeks, Inc., NV5, Inc., and Vanier Construction Management, Inc. Each contract has a term of five years and is eligible for annual renewal, with the final expiration set for February 2026.
The new On-Call CM and RE Request for Qualifications (RFQ) 24-25-50 was released on August 12, 2025, and the proposals were due on September 16, 2025. The city received seven (7) proposals in response to the RFQ. The selected qualified firms will be able to provide construction management and related services for the city’s local, state & federally funded Capital Improvement Projects (CIP).
The Engineering & Building Department regularly requires construction management services for various city projects throughout the year. These projects can include but are not limited to the following: safe route to school projects, active transportation projects, street improvements, street maintenance, sanitary sewer and storm drain infrastructure, bridge culverts, other underground utility infrastructure, traffic signal and streetlight infrastructure, basins, parking lot repairs, parks, various Visalia City Council Page 1 of 3 Printed on 1/15/2026
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File #: 25-0557 Agenda Date: 1/20/2026 Agenda #: 9.
pedestrian/bicyclist trails, and other similarly related work throughout the city.
The city received proposals from the following seven (7) consultants:
1. 4 Creeks, Inc. - Visalia, CA
2. A & M Consulting Engineers - Visalia, CA
3. Accenture - Fresno, Ca
4. CCME, Inc. - Tulare, CA
5. Interwest Consulting Group - Fresno, CA
6. NV5, Inc. - Fresno, CA
7. Vanir Construction Management, Inc. - Fresno, CA
The RFQ indicated that the city would select up to five (5) consultants. However, the city has decided to select the top four (4) consultants based on their total scores from the selection criteria outlined in the RFQ. Choosing four consultants will help establish more effective working relationships with city staff and will provide consistency across projects. The staff anticipate that this approach will lead to higher quality construction improvements, reduce costs and change orders, and keep projects on schedule.
The proposal review committee evaluated and scored the proposals based on the selection criteria outlined in the RFQ. Five (5) top consultants were chosen to participate in the interview process.
Each consultant was given 45 minutes for an in-person presentation and to answer 11 questions.
The following consultants were the top four (4), ranked by their highest scores, and have been recommended by the staff to be awarded this contract:
1. 4 Creeks, Inc. - Visalia, CA
2. CCME, Inc. - Tulare, CA
3. NV5, Inc. - Fresno, CA
4. A & M Consulting Engineers - Visalia, CA
The four (4) consultants mentioned above met all the requirements specified in the RFQ. Locally funded and some state funded projects will be distributed to consultants on a rotational basis as determined by costs or technical expertise required for each project through this on-call list where this is acceptable to the funding agency. On all federal and/or some state-funded projects, these oncall consultants will be requested to submit a mini-RFP (Request for Proposal) to identify the most qualified firm for the project and to refine the scope of services and meet the funding guidelines. The mini-RFPs will be evaluated based on the consultants’ proposed approach to the scope of work and their qualifications. The top-rated consultant will enter a fee negotiation with the city and, if an acceptable fee is reached, will be contracted for the project.
Fiscal Impact:
Consultant services will be funded according to the applicable CIP for each project. Due to the significant number of projects expected over the next five years, each contract will be eligible for annual renewal for up to four additional consecutive years. The annual contract amount for each consultant shall not exceed $500,000 without further authorization from the City Council. Consultant proposals for larger CIP projects will utilize these on-call contracts but will come back to the city Visalia City Council Page 2 of 3 Printed on 1/15/2026
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File #: 25-0557 Agenda Date: 1/20/2026 Agenda #: 9.
proposals for larger CIP projects will utilize these on-call contracts but will come back to the city council for approval of the purchase order dollar amount for the construction management and related services. These additional council approvals will increase the authorized yearly contract amounts accordingly.
Prior Council Action: None
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award and execute one-year contracts with four (4) construction management and resident engineering consultants consisting of 4 Creeks, Inc., A & M Consulting Engineers, CCME, Inc., and NV5, Inc.; and place these firms on an on-call list to provide construction management and related services in support of the city’s capital improvement projects.
Each contract will be eligible for annual renewal up to four (4) additional consecutive years. The annual contract for each consultant shall not exceed $500,000 without additional authorization from the City Council.
CEQA Review: NA
NEPA Review: NA
Attachments:
- Draft contract
- Fee schedules
- Ownership disclosure
Visalia City Council Page 3 of 3 Printed on 1/15/2026
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PROFESSIONAL SERVICES AGREEMENT
Annual On-call Construction Management and Resident Engineering Services
Various Capital Improvement Projects
This Agreement, entered into this ________ day of ________________, 20____, by and between the City of Visalia, hereinafter referred to as the “CITY”, and 4 Creeks, 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” in RFQ No. 24-25-50 which along with the response submitted by CONSULTANT is attached as Exhibit “A” and Exhibit “C”, and hereinafter referred to as the “PROJECT”; and
WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONSULTANT agree as follows:
I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” and Exhibit “C” - Scope of Work, which shall be the Scope of Work for the project as described in RFQ No. 24-25-50, unless the parties agree in writing to modify the Scope of Work as stated in the RFQ, for the cost identified in Exhibit “B”, Project Schedule of Fees.
Consultants will be required to provide a Scope of Work, Fee Proposal utilizing the hourly rate schedule from this contract, and a Project Schedule for each Capital Improvement Project (CIP) they are assigned. The City will issue a separate purchase order for each CIP and all of these documents will be added to the Scope of Work under this contract.
B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” and Exhibit “C” or the approved CIP purchase order documents may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “B”, Consultant Schedule of Fees for Professional Services. Such additional services shall not be performed by CONSULTANT without the written consent of CITY.
II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within ten (10) days of the effective date on the Consultant’s written Notice to Proceed and shall complete the work within the timeframes outlined in Exhibit “A” and Exhibit “C”, unless otherwise extended in writing by CITY, in its sole discretion. 956
For CIP projects the Consultant shall be required to complete work according to the approved CIP Project Schedules for each project.
If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percentage of each work item completed and shall pay the CONSULTANT on that basis.
CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the event of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.
III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, on a Fixed Fee or Time & Materials NotTo-Exceed-Fee based on the rates identified in Exhibit “B”, the negotiated compensations developed for each CIP, prior to the start of the assigned work. Said agreed to negotiated compensation shall be amended to this Contract for the individual CIP. This amount shall constitute complete compensation, including document production and out-of-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “C” and the project specific CIP purchase order documents. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, “B”, and “C”, and the project specific CIP purchase order documents respectively. Each contract will be eligible for annual renewal up to four (4) additional consecutive years. No other compensation is authorized by this Agreement without separate written amendment.
B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on the percentage of work of each noted phase completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The City Engineer shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.
B. CONSULTANT: Peters Engineering Group 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 957
such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:
1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms and does not correct such failure within a period of 10 days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.
2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.
4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to 958
cooperate with any audit, to be subject to offset, or to make any reports of pretermination activities.
VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
B. The CONSULTANT hereby covenants that he has at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.
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 attached to this Agreement as Exhibit “D” and 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 959
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 provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding and all other regulations governing such matters.
XII. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XIII. DOCUMENTS/DATA
A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.
Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings. 960
C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XIV. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.
A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement.
To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.
D. Without limiting the CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers’ compensation insurance as required by California statues.
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable). 961
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 a reduction is in the CITY’S best interest.
F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the City of Visalia, 707 W. Acequia, Visalia, CA 93291.
In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the 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 company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
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Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.
XV. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 21 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
XVI. MISCELLANEOUS PROVISIONS
A. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.
C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.
F. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
G.
CITY OF VISALIA
707 W. Acequia Ave.
Visalia, CA 93291
Attention: City Clerk
Company
Address
Project Manager
Phone:
963
H. Jurisdiction/Venue/Waiver of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in that State. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONSULTANT hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
I. 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.
J. 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.
K. 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.
L. 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.
M. 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.
N. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
O. 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 with advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written. 964
CITY OF VISALIA CONSULTANT
___________________________ _______________________________ City Manager Company and name
Approved as to Form
__________________________________
City Attorney
_________________________________
Risk Manager
_________________________________
City Engineer
Attachments:
Exhibit “A”: Scope of Work as presented in RFQ No. 24-25-50 Exhibit “B”: Project Schedule of Fees as submitted by Consultant Exhibit “C”: Scope of Work as submitted by Consultant
Exhibit “D”: Addendums Acknowledgment as submitted by Consultant Exhibit “E”: City of Visalia Forms as submitted by Consultant Exhibit “F”: Certificate of Insurance as submitted by Consultant Exhibit “G”: Federal & State Requirements Acknowledgment as submitted by Consultant Exhibit “H”: Caltrans Attachments as submitted by Consultant Exhibit “I”: Visalia Labor Compliance Manual (as applicable) 965
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4Creeks, Inc. Fee Schedule – Construction Management
Fees are based on the median hourly pay rate for employees in each classification, plus, indirect costs, overhead, and profit. These rates are effective for one year from the contract execution date.
Classification Charges Per Hour
Construction Inspection (Non-Prevailing Wage)
Associate Construction Inspector* $129
Construction Inspector* $155
Senior Construction Inspector* $175
Construction Management
Associate Construction Manager $139
Construction Manager $170
Senior Construction Manager $196
Principal Construction Manager $216
Construction Inspection (Prevailing Wage)
Construction Inspector $170-$205
Construction Inspector - Over Time $220-$305
Construction Inspector – Double Time $260-$325
Direct Charges
At cost plus fifteen percent (15%):
• Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses *Prevailing wage rates are subject to change based on the DIR updates. 966
A-1
A&M Consulting Engineers
EXHIBIT “A”
2026 HOURLY RATE SCHEDULE
CLASSIFICATION RATE
Principal ................................................................................................................ $200.00/Hour Grant Writer.......................................................................................................... $130.00/Hour Professional Engineer 3 ........................................................................................ $185.00/Hour Professional Engineer 2 ........................................................................................ $175.00/Hour Professional Engineer 1 ........................................................................................ $165.00/Hour Assistant Engineer 3 ............................................................................................. $140.00/Hour Assistant Engineer 2 ............................................................................................. $135.00/Hour Assistant Engineer 1 ............................................................................................. $120.00/Hour Professional Land Surveyor 2 ............................................................................... $180.00/Hour Professional Land Surveyor 1 ............................................................................... $175.00/Hour Assistant Land Surveyor....................................................................................... $145.00/Hour Environmental Consultant .................................................................................... $170.00/Hour Environmental, Health & Safety Officer .............................................................. $150.00/Hour Construction Engineer........................................................................................... $165.00/Hour Construction Observer ......................................................................................... $155.00/Hour Construction Administrator .................................................................................. $110.00/Hour Technical Assistance............................................................................................. $140.00/Hour Engineering Aide .................................................................................................. $110.00/Hour Survey Party Mobilization .................................................................................... $100.00/Hour 1-Man Survey Party .............................................................................................. $180.00/Hour 2-Man Survey Party .............................................................................................. $250.00/Hour 3-Man Survey Party .............................................................................................. $350.00/Hour LiDAR Scanner ..................................................................................................... $200.00/Hour Equipment Rental and Associated Expense .............................................................. Cost x 1.10 Materials, Printing, Subconsultant Procurement ....................................................... Cost x 1.10 Mileage ....................................................................................................... @ Current IRS Rate Note: A&M Consulting Engineers General Engineering Fee Schedule rates are subject to adjustment annually. Survey party and construction inspector rates are also subject to adjustment upon change in “Prevailing Rate” as determined by the Director of Industrial Relations, State of California. Fees include vehicle mileage unless specified.
967
December 4, 2025
Unchong Parry
City of Visalia
315 E. Acequia Avenue
Visalia, CA 93291
Subject: City of Visalia On-Call RFQ No. 24-25-50
Dear Unchong Parry,
CCME is pleased to submit this cost proposal for the City of Visalia On-call.
Project Description
City of Visalia On Call for CM and RE Services
Fee Schedule
Compensation to provide the services required for the subject project, as detailed in this agreement, shall be on a time and materials basis for the necessary personnel and reimbursables at the rates included herein:
CCME, Inc.’s billing rates for 2025/2026 projects:
Classification Hourly Rate
Principal/Principal Construction Manager $280
Senior Construction Manager/RE $215
Construction Manager/Resident Engineer $192
Associate Construction Manager/Engineer $155
Assistant Engineer $124
Labor Compliance/Project Administrator $98
Senior Construction Inspector/Special Insp. $190
Construction Inspector $180
Associate Construction Inspector $145
Prevailing Wages
Senior Construction Inspector $199.46
Construction Inspector $185.56
Cost Proposal Notes and Exclusions:
1. Assumes Regular 8-hour work shifts, overtime may be charged at 1.5 times the listed rate for inspection work.
2. Hourly fee includes overhead, cell phones, vehicles, mileage, computers and profit. 968
3. Fee is based on non-holidays as defined by Caltrans working day calendar.
4. This cost proposal is negotiable.
Sincerely,
Bryan Kroeger, PE
President
969
NV5, INC.
Effective 12/1/2025
City of Visalia
On-Call Services for
Construction Management (CM) / Resident Engineer (RE) for Various Capital Improvement Projects
2025 - 2026 Charge Rates Schedule
Professional
Jeff Pallesen, Principal in Charge ............................................................................................... $288.00/hour Kevin Reisz, Project Manager..................................................................................................... $288.00/hour Construction Management
Construction Manager/Resident Engineer.............................................................. $208.00 - $250.00/hour Senior Resident Engineer .......................................................................................... $250.00 - $328.39/hour *Construction Inspector............................................................................................ $204.00 - $234.88/hour Labor Compliance/Project Administrator .................................................................$97.73 - $144.07/hour ODCs:
Vehicle ..................................................................................................................................................No Charge Mileage/Travel Time..........................................................................................................................No Charge Rates are effective through December 31, 2026. If contract assignment extends beyond that date, a new rate schedule will be added to the contract and will include an increase of 3% per year for all non-prevailing wage positions.
Litigation support will be billed at $450.00 per hour.
If in the course of the work, it is requested by the City to perform specialized work requiring the addition of outside resources, an 8% markup will be added to invoices for this work. *Indicates positions requiring Prevailing Wage. Rates calculated based on “Prevailing Wage” (PW) for Construction Management as published and required by the State of California (NC-63-3-9-2024- 1).
Rates for Professional Services categories for Principal in Charge and Project Manager have been voluntarily reduced for this contract.
FAR Overhead Rate: 139.27%
Fee: 10%
FAR Multiplier: 2.3927
970
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City of Visalia On-Call CM & RE Services - RFQ NO. 24-25-50 Proposal Submission from: CCME, Inc. | 62 05 APPENDIX - OWNERSHIP DISCLOSURE
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974
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0577 Agenda Date: 1/20/2026 Agenda #: 10.
Agenda Item Wording:
Award contract and transfer funds for Tulare Avenue Project - Authorize the City Manager to award the construction contract to Don Berry Construction Inc. for the Tulare Avenue major road rehabilitation from Roeben to Demaree project in the amount of $4,473,867; authorize the transfer of $1,495,000 within the road maintenance and rehabilitation account (Senate Bill 1) fund between projects and authorize the transfer of $25,000 from the annual replace and relocate sanitary sewer mains project (CP9456).
Prepared by:
Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], 713-4495
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute a construction contract with Don Berry Construction, Inc. for RFB 25-26-07 for the Tulare Avenue major street rehabilitation (Roeben to Demaree) project in the amount of $4,473,867, authorize the transfer of $1,495,000 within the road maintenance and rehabilitation account (RMRA/SB1) fund from the Whitendale Avenue road rehabilitation project and authorize the transfer of $25,000 from the annual replace and relocate sanitary sewer mains project (CP9456).
Summary:
This project award will initiate the construction phase for the rehabilitation of Tulare Avenue from Roeben Street to Demaree Street. Improvements are limited to complete pavement resurfacing, specific areas of street reconstruction and rehabilitation, targeted repairs to curbs, gutters, sidewalks, drain inlets, accessible ramps, sanitary sewer manholes, as well as modifications and upgrades to existing traffic signal equipment throughout the corridor.
The striping of the roadway, once improvements have been completed, is included in this project award. However, due to the impact of this project extending a Class IV protected bike lane from Demaree to Roeben, additional public outreach is necessary and will be presented to residents along Tulare Avenue in a specific public meeting to be coordinated by staff. That public outreach meeting is anticipated for late February or early March 2026. Once staff has met and received comments from the residents along Tulare Avenue, the striping layouts for this project will be presented to Council along with the public feedback received. That presentation to Council is anticipated to be in March of this year. By moving to award this project before final striping layouts are approved by Council, staff will be able to work with the contractor to order long lead items such as video detection equipment.
This allows traffic signal upgrades to be completed prior to pavement improvements which are Visalia City Council Page 1 of 6 Printed on 1/14/2026
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File #: 25-0577 Agenda Date: 1/20/2026 Agenda #: 10.
intended to be performed during the summer, prior to schools going back into session.
Background Discussion:
The City of Visalia is currently maintaining a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, staff incorporated a pavement management program (PMP) 11 years ago, following the lead of other similarly sized California municipalities.
Tulare Avenue, as identified in the PMP, was selected for resurfacing. This project includes a pavement rehabilitation of approximately 1.5 miles of roadway on Tulare Avenue from Roeben to Demaree Street. The rehabilitation work includes removing isolated areas of pavement failures, also known as digouts, grinding the existing pavement section and overlaying with hot mix asphalt. In addition to these improvements the project will also upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements and Public Rights-of-Way Access Guidelines (PROWAG). The project will rehabilitate selected curb, gutter and sidewalk, drain inlets, sanitary sewer manholes, and incorporate various traffic signal improvements at intersections throughout the corridor.
With these improvements the City of Visalia is implementing multimodal transportation enhancements such as Class IV Bike lanes through the use of modular curbing and on-street parking protection with the additive alternate bid. The striping layouts associated with these bike lanes will be presented to the impacted Tulare Avenue residents in a public outreach meeting. The results of that meeting and a final striping layout will be presented to Council for final approval prior to project striping.
This project was originally intended to be combined with Tulare Avenue major road rehab from Demaree to Cotta Street. However, due to different funding source constraints staff was unable to keep this combined in order to meet grant deadlines.
Project Impacts:
The Tulare Avenue major road rehabilitation from Roeben to Demaree project will impact residents and traffic conditions both during construction and following project completion. The project has been designed to minimize these impacts while providing clear and timely information to affected residents.
The project corridor includes three schools within the construction area. To reduce potential impacts to school traffic, the project is attempting to complete major road reconstruction activities during the summer months when most schools are on break. The timing is expected to alleviate congestion during peak hour at all major intersections.
In addition, the implementation of protected bike lane improvements will result in a modified on-street parking configuration for residents along the corridor. Consistent with the previous project, on-street parking will no longer be located adjacent to the curb and gutter. The bike lanes and buffer are being moved adjacent to the curb and gutter and parking is being moved in the roadway next to the travel lanes. This configuration, in combination with the modular curb shown above, allows for the bike lane to be classified as a protected Class IV. Removal of any on-street parking has been kept to a minimum.
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File #: 25-0577 Agenda Date: 1/20/2026 Agenda #: 10.
Below is the typical cross section for Tulare Avenue:
Tulare Avenue from Roeben to Demaree
Public Outreach:
Following direction from Council during the construction phase of the previous segment of Tulare Avenue, staff is intending to host a public outreach meeting with all affected residents along Tulare Avenue prior to construction start. This meeting will serve to inform the residents of the upcoming change from curb-adjacent parking to the configuration shown above, discuss all parking impacts this will have throughout the corridor, and provide information on the construction process/impacts and anticipated schedule. Following this public outreach meeting, staff will present all residents’ concerns and any changes made to the layout to City Council for final approval.
Bidding Process:
Staff advertised RFB 25-26-07 for the Tulare Avenue major street rehabilitation (Roeben to Demaree) on October 6th, 2025, with a bid close date on November 18th, 2025. The project was split with the base bid encompassing the plan delineated improvements and an additive alternate relating to modular curb for bicycle lanes. Based on the project specifications, the lowest responsive bidder was based on the total bid amount of the base bid plus the additive alternate bid. At the time of bid opening staff received eight (8) bids, below are the three (3) lowest responsive bidders.
Base Bid +
Additive
Alternate
1 Don Berry Construction Kingsburg, CA $4,473,867.00
2 Agee Construction Clovis, CA $4,509,471.00
3 Yarbs Grading and Paving Fowler, CA $4,942,375.00
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File #: 25-0577 Agenda Date: 1/20/2026 Agenda #: 10.
Base Bid +
Additive
Alternate
1 Don Berry Construction Kingsburg, CA $4,473,867.00
2 Agee Construction Clovis, CA $4,509,471.00
3 Yarbs Grading and Paving Fowler, CA $4,942,375.00
City staff proceeded to review all eight (8) bids submitted and the Don Berry Construction bid proposal was determined to be the lowest responsive bid. The references provided by Don Berry Construction have been verified. The references provided were from the City of Kingsburg, City of Reedley, County of Madera, and others who were called by city staff with favorable responses from all references. As a result, staff recommends that the construction contract be awarded to Don Berry Construction for the base bid plus additive alternate amount totaling $4,473,867.
Fiscal Impact:
Budget Shortfall:
The major road rehabilitation on Tulare Avenue from Roeben to Demaree Street has a budget shortfall of approximately $1.52M. The original project, which was started in 2020, had estimates in line with the project scope being an overlay, ADA ramp upgrades, and traffic signal improvements. A couple of factors contributing to this shortfall are change in scope and an increase in construction costs. The project was changed to a grind and overlay with areas of digouts. These digouts occur mainly in travel lanes and intersections. This change was made to help fix the existing rutting, surface cracks, and reset the clock on any future maintenance endeavors. Lastly, construction costs have seen a significant rise since the year 2020 when this project was originally estimated. From January of 2021 to January of 2025, the California Construction Cost Index shows an increase of approximately 40%.
Budget Overview:
The major road rehabilitation on Tulare Avenue from Roeben to Demaree Street is funded using the Surface Transportation Block Grant Program (STBGP) through the Federal Highway Administration (FHWA) and the Road Maintenance and Rehabilitation Account (RMRA) (SB1).
Tulare Ave from Roeben to Demaree (CP0603)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) $ 3,086,000 Road Maintenance and Rehabilitation Act (RMRA) (SB1) $ 835,000 Total Project Funding $ 3,921,000
Estimated Project Costs
Project Management (Project Design & Management) $ 30,000 Construction $ 4,473,867
Construction Contingency (~10.0%) $ 450,000
Construction Management (City Consultant) $ 275,000
Construction Management (Staff Time) $ 25,000
Construction Services (Inspection) $ 75,000
Construction Services (Material Testing) $ 75,000
Construction Services (Independent Assurance) $ 10,000
CiSi(CiSki) $ 2000
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Project Management (Project Design & Management) $ 30,000 Construction $ 4,473,867
Construction Contingency (~10.0%) $ 450,000
Construction Management (City Consultant) $ 275,000
Construction Management (Staff Time) $ 25,000
Construction Services (Inspection) $ 75,000
Construction Services (Material Testing) $ 75,000
Construction Services (Independent Assurance) $ 10,000
Construction Services (Construction Staking) $ 25,000
Total Estimated Project Costs $ 5,438,867
Surplus (Deficit) ($1,517,867)
Round to $ 1,520,000
Transfer RMRA (SB1) funds (Fund 113) from the
Whitendale Road Rehab project (CP0760)
$ 1,495,000
Transfer Annual Replace and Relocate Sanitary Sewer
Mains Project (CP9456)
$ 25,000
Due to the above-identified budget deficit, staff recommends the transfer of $1,495,000 within the RMRA (SB1) Fund 113 from the Whitendale road rehab project (CP0760) and transferring $25,000 from the annual replace and relocate sanitary sewer mains project (CP9456) to the Tulare Avenue major road rehabilitation from Demaree to Roeben.
Transfer of Funds (SB1):
A transfer of $1,495,000 within the RMRA (SB1) Fund is recommended from the Whitendale Avenue road rehabilitation project (Mooney Boulevard to Court Street) to the Tulare Avenue major road rehabilitation project (Roeben to Demaree Street). The Whitendale Avenue project is in the preliminary engineering phase and does not currently require full construction funding.
City Council previously approved $3,700,000 in RMRA (SB1) funding for the Whitendale Avenue project on June 17, 2024. Following that action, $400,000 was transferred to the Tulare Avenue road rehabilitation project (Demaree to Cotta), resulting in a remaining balance of $3,300,000 for Whitendale Avenue. With the approval of this current transfer, $1,805,000 will remain budgeted for the Whitendale Avenue project.
As the Whitendale Avenue project continues through design over the coming years, staff will work to re-allocate and replenish additional SB1 funding to ensure appropriate funding levels are restored prior to the construction phase.
Transfer of Funds (annual replace and relocate sanitary sewer main):
The Tulare Avenue major road rehabilitation project (CP0603) is funded with federal Surface Transportation Program (STP) funds, as well as state SB1 Road Maintenance and Rehabilitation Account (RMRA) funds. These funding sources are not eligible to cover costs associated with the sanitary sewer system, including sewer manhole frames.
During the bidding process, staff required this work item to be bid as a separate line item to ensure that the cost could be properly allocated to an eligible funding source. Upon bid opening and Visalia City Council Page 5 of 6 Printed on 1/14/2026
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that the cost could be properly allocated to an eligible funding source. Upon bid opening and selection of the lowest responsive and responsible bidder, the total cost for the line item pertaining to sewer manhole frame replacement item was $20,925.
Accounting for any unforeseen conditions encountered in the field and the additional staff time required to complete the work, a transfer amount of $25,000 is being requested from the annual replace and relocate sanitary sewer main’s project (CP9456). There is currently $1,048,825 budgeted from the Wastewater Treatment Plant fund (431) for this capital project. With the approval of this current transfer, $1,023,825 will remain budgeted for the annual replace and relocate sanitary sewer main’s project (CP9456).
Prior Council Action:
November 17, 2025 Staff presentation to Council for Tulare Avenue bike lane configurations associated with the first phase project from Cotta Street to Demaree Street.
June 16, 2025 Adopted Resolution No. 2025-41 to designate 2025/26 SB1 RMRA funding of $3,900,000 to the Tulare Avenue road rehabilitation projects from Roeben to Cotta. 1) Tulare Avenue Roeben to Demaree project ($835,000) and 2) Tulare Avenue Demaree to Cotta project ($3,065,000).
July 18, 2022 Accepted and authorized the appropriation of 2,989,000 of STBGP and HIP funds for the Tulare Ave from Demaree St to Cotta St project and $3,086,000 of STBG funds for the Tulare Ave from Roeben St to Demaree St project.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute a construction contract with Don Berry Construction, Inc. for RFB 25-26-07, Tulare Avenue Major Street Rehabilitation (Roeben to Demaree) in the amount of $4,473,867; authorize the transfer of $1,495,000 within the Road Maintenance and Rehabilitation Account (RMRA/SB1) fund from the Whitendale Avenue road rehabilitation project and authorize the transfer of $25,000 from the annual replace and relocate sanitary sewer mains project (CP9456) to the Tulare Avenue project.
Environmental Assessment Status: Environmental assessment has been cleared by Caltrans.
CEQA Review: NEPA/CEQA are completed.
Deadline for Action: 1/20/2026
Attachments:
1. Don Berry construction ownership disclosure form
2. Project location map
3. Don Berry Construction draft contract
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Tulare
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ROEBEN AKERS LINWOOD CHINOWTH DEMAREE
TULARE TULARE PROJECT CONSTRUCTION LIMITS
0 0.07 0.15 0.3 mi
0 0.13 0.25 0.5 km
1:9,360
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CONTRACT
CITY OF VISALIA
STATE OF CALIFORNIA
This Contract for the construction of the TULARE AVENUE MAJOR STREET REHABILITATION ROEBEN TO DEMAREE Project, is made between the City of Visalia, (hereinafter “ the City”), and Don Berry Construction, Inc., (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:
ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Engineering Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner, the TULARE AVENUE MAJOR STREET REHABILITATION ROEBEN TO DEMAREE Project, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof. Contractor should be aware that this Contract involves federal highway funds and that Section 82 of the Job Specific Provisions describes federal funding requirements, which include but are not limited to FHWA Form-1273 – Required Contract Provisions Federal-Aid Construction Contracts, copies of these federal requirements along with FHWA Form-1273 are included as part of the attached Contract Documents, Appendix B.
Said work to be done is shown upon the following plans:
RFB No.: 25-26-07
Project Name: TULARE AVENUE MAJOR STREET REHABILITATION
ROEBEN TO DEMAREE
Project No.: 3010-72000/CP0603-9999
Federal Project No. STPL-5044(144)
which said plans are hereby made a part of this contract.
ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
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ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.
It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.
The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.
This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.
In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.
With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.
Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.
Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed 989
and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.
Commercial Automobile Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles and shall be provided by a business automobile policy.
Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:
Purchasing
707 W. Acequia Avenue
Visalia, CA 93291
Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach.
Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.
This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable. 990
ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.
Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, the parties have executed this agreement as of the date opposite their respective signatures.
CITY OF VISALIA
____________________________ _______
City Manager Date
CONTRACTOR
________________________________________
By: Authorized Agent Date
________________________________________
Print Name, Title
APPROVED AS TO FORM:
____________________________ _______
City Attorney Date
____________________________ _______
Risk Manager Date
____________________________ _______
Project Manager Date
991
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0583 Agenda Date: 1/20/2026 Agenda #: 11.
Agenda Item Wording:
Award annual contract for engineered wood fiber to various city playground sites - Authorize the City Manager to award contract to Air Applied Mulch, of Wilton, CA, for an annual amount not to exceed amount of $45,000.
Deadline for Action: 1/20/2026
Submitting Department: Parks and Recreation Department
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 559-713-4435 [email protected]; Zach Huff, Urban Forestry Supervisor 559-713-4295 [email protected]; Ivan Nicar, Parks and Facilities Manager 559-713-4564 [email protected]; Jason Glick, Parks and Recreation Director 559-713-4042 [email protected]
Department Recommendation:
Staff recommend that the City Council authorize the award of an annual contract for engineered wood fiber supply services to Air Applied Mulch, of Wilton, CA, for an annual amount not to exceed $45,000.00.
Summary:
The City of Visalia maintains 51 playgrounds in its neighborhood and pocket parks. These playgrounds routinely need replenishing of engineered wood fiber as safety fall surfacing. To remain compliant with current standards and manufacturer recommendations, the playgrounds must maintain a specific level of surfacing ensuring fall attenuation and compliance with ADA requirements. The cost of this contract is budgeted annually in the appropriate divisions that use this contract.
Background Discussion:
On September 2, 2025, and September 9, 2025, the City solicited bids by advertising in the Visalia Times-Delta with the RFB posted on Bid-Net. The City also mailed RFB notices, inviting vendors to participate in this bidding process.
On October 1, 2025, the City received bids from one (1) vendor, Air Applied Mulch. Staff have reviewed the bid for calculation errors and conformance with specifications outlined in the RFB.
BIDDER SUMMARY
Bidders name Location Annual cost Cost per yard
Air Applied Mulch Wilton, CA $45,000 $30 per cubic yard Air Supply Mulch has not previously performed work for the City of Visalia. Staff have called the listed references to confirm relevant qualifications and customer satisfaction. While only one bid was Visalia City Council Page 1 of 2 Printed on 1/16/2026
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File #: 25-0583 Agenda Date: 1/20/2026 Agenda #: 11.
references to confirm relevant qualifications and customer satisfaction. While only one bid was received, due to the specialized nature of the service and the limited number of qualified vendors in the area, city staff finds this acceptable.
Annual price increase adjustments at the time of renewal of the contract are based on the Consumer Price Index. Cost for future additions to the project area (if necessary) will be calculated by multiplying the contractor’s unit price by the square footage of the area being added to the contract.
The initial agreement is for a 12-month period, with an option to renew annually for 4 one-year periods upon providing satisfactory performance and as mutually agreed.
Fiscal Impact:
The services for this contract are budgeted in the Parks Maintenance fund, 1622-54024, and 2731- 55100, Landscape and Lighting Districts fund and will not need a budget amendment.
Prior Council Action: None
Other: None
Alternatives: Reject bid and go out for another Request for Bidders.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award an annual contract to Air Applied Mulch to supply and install engineered wood fiber at the stated bid price of $30 per cubic yard, not to exceed $45,000 annually.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB 24-25-24, Air Applied Mulch signed bid form, Sample Contract, Disclosure Form Visalia City Council Page 2 of 2 Printed on 1/16/2026
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RFB NO. 24-25-45
SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES
ACROSS THE CITY OF VISALIA
Page i
CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-45
SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO
DESIGNATED PLAYGROUND SITES ACROSS THE CITY OF
VISALIA
(Annual Contract)
BID SUBMITTAL DEADLINE:
3:00 PM ON OCTOBER 1, 2025
The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Advertisement Dates: 9/4/2025
9/9/2025
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RFB NO. 24-25-45
SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES
ACROSS THE CITY OF VISALIA
Page ii
Table of Contents
I. DEFINITIONS..............................................................................................................................1 II. INTRODUCTION .........................................................................................................................1 III. INSTRUCTIONS ..........................................................................................................................1 IV. SCOPE OF SERVICES..............................................................................................................3 DESCRIPTION OF WORK....................................................................................................................... 3 MATERIAL SPECIFICATIONS.................................................................................................................. 3 DELIVERY ............................................................................................................................................ 3 GENERAL REQUIREMENTS OF SUPPLIER............................................................................................... 4 V. PRE-BID TELE-CONFERENCE ......................................................................................................5 VI. BID OPENING AND CONFIDENTIALITY .....................................................................................5 VII. AWARD..................................................................................................................................6 VIII. PROTESTS/APPEALS...............................................................................................................6 IX. SPECIAL CONDITIONS................................................................................................................6 X. GENERAL CONDITIONS ..............................................................................................................7 XI. POST AWARD RESPONSIBILITIES ..............................................................................................10 XII. EXHIBTS ..............................................................................................................................12 A.BIDFORM ....................................................................................................................................... 12 B.CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND QUESTIONNAIRES WHICH MUST ACCOMPANY BIDFORM............................................................................................................ 15 B-1 NON-COLLUSION AFFIDAVIT.................................................................................................... 15 B-2 WORKERS’ COMPENSATION INSURANCE CERTIFICATE ............................................................ 16 B-3 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE ............................................. 17 B-4 OWNERSHIP DISCLOSURE AND CALIFORNIA LEVINE ACT STATEMENT ...................................... 18 B-5 DRUG-FREE WORKPLACE CERTIFICATION................................................................................ 19 B-6 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE .............................................. 20 B-7 IRAN CONTRACTING ACT CERTIFICATION................................................................................. 21 C. SAMPLE (DOES NOT NEED TO BE SUBMITTED WITH BID/PROPOSAL)................................................................ 22 D. PLAYGROUND LOCATIONS ANDPLAYGROUND SQUARE FOOTAGE ................................................. 29 D-1 PLAYGROUND LOCATION MAP (SEPARATE ATTACHMENT) ........................................................ 31 Note: Exhibit D-1 is provided as a separate attachment. 995
RFB NO. 24-25-45
Supply and Delivery of Engineered Wood Fiber to Designated Playground Sites across the City of Visalia
I. DEFINITIONS
For the purposes of this RFB NO. 24-25-45, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. “RFB” means Request for Bid No. 24-25-45.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for annual contract for Supply and Delivery of Engineered Wood Fiber to Designated Playground Sites across the City of Visalia 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.
Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.
The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.
III. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Supply and Delivery of Engineered Wood Fiber to Designated Playground Sites across the City of Visalia
RFB NO. 24-25-45
Deadline: Wednesday, October 1, 2025 @ 3:00 PM
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THE CITY OF VISALIA
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.
The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.
Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.
4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.
5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.
However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].
Questions regarding this RFB are due no later than Tuesday, September 23, 2025 by 2:00PM. 997
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THE CITY OF VISALIA
IV. SCOPE OF SERVICES
DESCRIPTION OF WORK
The contractor is to supply and deliver an estimated 1,500 cubic yards annually of engineered wood fiber (EWF) safety surface to various playgrounds throughout the City of Visalia.
Exhibit D provides a list of site addresses along with the square footage for each location.
Exhibit D-1 is included as a separate attachment and contains a map showing the locations of the playgrounds.
The exact quantity of wood fiber is unknown and may vary from year to year. The City does not guarantee to purchase any specific amount. Products shall be ordered from vendors on an asneeded basis at the unit price stated in the Bid.
Contract award will be based on the Bidder’s Total Bid Price, calculated as the Unit Price per Cubic Yard Delivered multiplied by the estimated quantity. Actual compensation under this Agreement will be based on the Bidder’s Per Cubic Yard Price Delivered, as submitted on the Bid Form.
MATERIAL SPECIFICATIONS
• The supplier of the EWF material shall provide all test results and certifications indicating the EWF material complies with ASTM F1292 (Impact Attenuation for Surface Systems in and around play areas).
• The EWF shall also comply with ASTM F1951, certifying that the material complies with the specification and intent of Americans with Disabilities Act (ADA). • All certifications must be provided to the project manager annually before delivery will be accepted.
DELIVERY
• The project manager will send a list of parks with the quantity of engineered wood fiber to be delivered annually to the contractor.
• All wood fiber must be delivered to each park at the specified quantities required to keep the playground compliant with all ADA and fall attenuation requirements. • The project manager will provide dump locations at each park prior to delivery. • City staff will be responsible for installation of EWF within the playground fall zone after delivery.
1. DELVIERY LOCATION:
• Various playgrounds throughout the City of Visalia. See Exhibit D for site addresses and square footages per site, and Exhibit D-1 for a map showing the locations of the playgrounds. • Project Manager: Daryl Tillman
2. TIME OF DELIVERY:
• Deliveries shall be accepted between 6:00 A.M. and 10:00 A.M. on Monday through Friday. • No deliveries shall be accepted on Saturdays, Sundays, or City Holidays, unless otherwise arranged by the Project Manager.
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
3. DELIVERY FAILURES:
• Failure to deliver within the time specified, or failure to make replacements of rejected articles when so requested, or as directed by the City’s Project Manager may result in City exercising the right to purchase product from another source.
GENERAL REQUIREMENTS OF SUPPLIER
1. INSPECTIONS: Inspection and acceptance of materials or supplies shall be made after delivery. Please see Section IX, Special Conditions, relating to inspection. Final inspection shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the City for such materials or supplies as are not in accordance with the specifications. All delivered materials shall be accepted subject to inspection and physical count.
2. PACKING SLIPS OR DELIVERY TICKETS: All shipments or deliveries shall be accompanied by Packing Slips or Delivery Tickets, and shall contain the following information for each item delivered. Bidders are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods. • The Purchase Order or Contract Number
• The Name of the Article and Stock Number (Supplier’s) • Delivery Date
• The Quantity Ordered
• The Quantity Back Ordered
• The Name of the Contractor
3. RESPONSIBILITY FOR MATERIALS SHIPPED: The Awarded Vendor shall be responsible for the materials covered by this contract until they are delivered at the designated point and bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by Awarded Vendor, and at the expense of the Awarded Vendor, promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. Upon failure of the Bidder to remove materials or supplies within ten (10) calendar days after date of notification, the City may return the rejected materials or supplies to the Bidder at the Bidder’s risk and expense, or dispose of them as its own property.
4. PRICING: Prices bid shall include all sales tax, transportation, delivery and freight costs to the point of delivery to the applicable facilities. The unit bid prices shall also include all appurtenant and incidental costs associated with the delivery of the engineered wood fiber required by this RFB, including fuel, labor, and any special insurance or handling requirements.
5. CONTRACTOR REFERENCES: Bidders shall include in their response, a list of at least three (3) organizations which can be used as references for performance of similar services.
Contractor shall endeavor to include references of work performed for public sector agencies.
Include the name and telephone number for the contact person. Selected organizations will be contacted to determine the quality of work performed and the personnel assigned to the job.
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
6. ALLOCATIONS: In the event the vendor’s supply of awarded items is reduced for reasons beyond the vendor’s control to a level which prevents supply of the City’s requirements in full, the vendor agrees to supply the City no less than a proportionate share delivered to similar accounts, unless Federal regulations require otherwise. If such a reduction occurs, the City reserves the right to cancel all or part of the contract without prejudice to either party, by giving the vendor fifteen (15) days written notice.
V. PRE-BID TELE-CONFERENCE
An informational pre-bid tele-conference will be held on Tuesday, September 16, 2025, beginning at 9:00 AM (PST). To obtain the link to join conference and/or dial-in number, please email your contact information to [email protected] and the conference information will be forwarded to you.
Interested Bidders are encouraged to participate as information on the RFB/Requested Products will be discussed and time will be designated for Bidders to ask questions about the RFB or required products. It shall be the responsibility of the Contractor to have acquired full knowledge of the specifications and scope of work and any problems or difficulties that may affect the work proposed.
VI. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Wednesday, October 1, 2025 AT 3:00 PM at 707 W Acequia, Visalia CA, City Hall.
The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase or until the award of the contract.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be open and public.
Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.
The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
VII. AWARD
1. Most Responsive, Responsible Bidder. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
IX. SPECIAL CONDITIONS
1. Product Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, products, equipment and/or services necessary to fulfill the requirements of this RFB.
b. Product Inspection. The City will have ten (10) working days to inspect delivered materials for conformance to all requirements of this specification.
2. City-Contractor Relations
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. The Project Manager shall decide issues of quality and acceptability of materials, products, equipment, supplies and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Awarded Vendor, their agents or employees. b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Awarded Vendor shall be new and/or of a quality equal to that specified.
3. Legal Responsibilities.
a. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.
X. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, 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 contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
7. Bid prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.
12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.
14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.
15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.
17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.
19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
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THE CITY OF VISALIA
20. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of product purchased will correspond therewith but reserves the right to increase or decrease the amount of any product purchased as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy themselves by personal examination of the work site, specifications, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials or equipment to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Bidder may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.
24. The City is not exempt from California State Sales Tax. The City is exempt from Federal Excise taxes. Sales Tax in Visalia, CA is currently 8.5%. As stated on the Bid Form, Prices bid are to include tax.
25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Community Services Department. However, the cities Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor 1004
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THE CITY OF VISALIA
may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.
Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
31. EXECUTIVE ORDER N-6-22 – Russia Sanctions - On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
XI. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned 1005
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THE CITY OF VISALIA
to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “B-2”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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THE CITY OF VISALIA
XII. EXHIBTS
EXHIBIT “A”
A.BID FORM
RFB NO. 24-25-45
SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND
SITES ACROSS THE CITY OF VISALIA
TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-45 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, services, and labor required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore.
BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that failure to enter into a contract in the time and manner prescribed, Purchasing Division may proceed to award the contract to others.
BIDDER understands that a bid is required for the product and that compensation under the contract will be based upon the product condition received as stated in the bid specifications. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, royalties, delivery, freight, taxes and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
Bidder understands that the quantities given on the Bid Proposal form are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of product purchased will correspond therewith.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
LOWEST BID will be determined by the Total Bid Price, calculated as: Unit Price per Cubic Yard × Estimated Quantity (1,500 C.Y.)
BIDDER shall calculate and enter the Total Bid Price in the space provided. Final compensation will be based on actual quantities delivered at the unit price bid.
BIDDER has read and hereby agrees to the conditions stated in this bid by affixing his/her signature below.
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THE CITY OF VISALIA
Description:
Unit Price (per cubic yard, delivered:
includes all material, delivery, taxes,
and any applicable fees)
Quantity Total Bid Price
Supply and Delivery of
Engineered Wood Fiber per
specifications of RFB-24-25-45
$_______________________/C.Y. 1,500 C. Y. $____________________ Note: The estimated quantity of 1,500 cubic yards is for bid evaluation purposes only. Actual quantities may vary, and the City does not guarantee any specific purchase amount. (1) _______________________________________________________________________________________________ Bidding Firm
(2) _______________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3) _______________________________________________________________________________________________ Business Address City State Zip Code
_______________________________________________________________________________________________ Telephone Number Fax Number
_______________________________________________________________________________________________ E-mail Address
(4) _______________________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________ Type or Print Authorized Person’s Name
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
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THE CITY OF VISALIA
Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
Bidding Firm: __________________________
CONTRACTOR’S PERMIT INFORMATION
License Classification:_____________________________________ Expiration Date: _________________________________________ City of Visalia Business Tax Certificate No.: _________________________________ A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work. Contact the Business Tax Division with any questions at (559) 713-4326.
Federal Tax I.D. No.: ____________________________________________________
REFERENCES
The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two years.
Company Name Address Tel. No. Contact
1.______________________________________________________________________________________
2.______________________________________________________________________________________
3._____________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type____________
___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ 1009
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THE CITY OF VISALIA
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
EXHIBIT “B-1”
B-1 NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) To Accompany Bid Form
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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THE CITY OF VISALIA
EXHIBIT “B-2”
B-2 WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
To Accompany Bid Form
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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THE CITY OF VISALIA
EXHIBIT “B-3”
B-3 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE (EXECUTIVE ORDER 11246)
To Accompany Bid Form
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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THE CITY OF VISALIA
EXHIBIT “B-4”
B-4 OWNERSHIP DISCLOSURE AND CALIFORNIA LEVINE ACT STATEMENT To Accompany Bid Form
The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:
1. submitting a bid or proposal in response to a solicitation by City of Visalia; or
2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ ______________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
_____________________________ ___________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
Signature of Company Authorized Individual Print or Type Name of Authorized Individual 1013
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THE CITY OF VISALIA
EXHIBIT “B-5”
To Accompany Bid Form
STATE OF CALIFORNIA
B-5 DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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THE CITY OF VISALIA
EXHIBIT “B-6”
B-6 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE To Accompany Bid Form
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. Seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
(if any)
1015
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THE CITY OF VISALIA
EXHIBIT “B-7”
B-7 IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
To Accompany Bid Form
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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THE CITY OF VISALIA
C. SAMPLE (does not need to be submitted with Bid/Proposal) EXHIBIT “C”
ANNUAL CONTRACT FOR SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO
DESIGNATED PLAYGROUND SITES ARCOSS THE CITY OF VISALIA
(City of Visalia Bid No. 24-25-45 )
This Agreement, entered into and effective this ________ day of ________________, 20___ [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “VENDOR, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is sign supplier with a primary business address of ____________________ and SSN or EIN: ____________________; and
WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-45,
Supply and Delivery of Engineered Wood Fiber to Designated Playground Sites across the City of Visalia
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-45
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
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THE CITY OF VISALIA
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 24-25-45.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPIU, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
Total Compensation: Not to exceed $______________________annually at Contractor’s stated unit prices.
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from receipt of invoice for delivered product 1018
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THE CITY OF VISALIA
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
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THE CITY OF VISALIA
Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR_______________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
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THE CITY OF VISALIA
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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THE CITY OF VISALIA
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. a. 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.
b. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO DESIGNATED PLAYGROUND SITES ACROSS
THE CITY OF VISALIA
Exhibit D
D. PLAYGROUND LOCATIONS AND PLAYGROUND SQUARE FOOTAGE
MAP # PARK ADDRESS
Playground
Square
Footage
1 Blain 3101 S Court St 4,800
2 Burke 3101 S Burke St 13,700
3 Cherry Meadow 2348 S Pinkham 6,750
4 Combs 3031 S Crenshaw 4,300
5 Constitution 1139 S Crenshaw 5,000
6 Fairview 805 W Wren 4,000
7 Harrel Grove 2000 E St Johns Parkway 450
8 Harrel Grove 2000 E St Johns Parkway 780
9 Harrel Grove 2000 E St Johns Parkway 1,900
10 Houk 2640 Royal Oaks 4,117
11 Jefferson 700 S Watson 3,600
12 Kiwanis 1301 S McAuliff 7,090
13 Lions 6510 W Ferguson 3,400
14 Mill Creek 3001 E Mill Creek Pkwy 2,828
15 Mill Creek 3001 E Mill Creek Pkwy 2,952
16 Oval 800 N Court 1,827
17 Perry Family Visalia Parkway/Cty Ctr 2,300
18 Pinkham Park 1000 S Pinkham 4,217
19 Plaza Park 1800 S Plaza Dr 920
20 Plaza Park 1800 S Plaza Dr 14,600
21 Recreation 345 N Jacob 2,420
22 Riverbend 2534 N Court 7,286
23 Rotary 1600 S Divisadero 2,800
24 Ruiz 639 E Buena Vista 5,500
25 Seven Oaks 900 S Edison 2,275
26 Seven Oaks 900 S Edison 2,844
27 Soroptimist 1900 N Linwood 3,400
28 Sports Park 3611 N Dinuba Blvd 6,126
29 Sports Park 3611 N Dinuba Blvd 3,534
30 Sports Park 3611 N Dinuba Blvd 14,137
31 Sports Park 3612 N Dinuba Blvd 6,784
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THE CITY OF VISALIA
32 Stonebrook 1200 W Hemlock 1,697
33 Stonebrook 1200 W Hemlock 2,275
34 Summers 247 W Ferguson 4,000
35 Sunset 5743 W. Lisendra 2,370
36 Sunset 5743 W. Lisendra 2,475
37 Sunset 5743 W. Lisendra 2,642
38 Village 309 Pearl 2,400
39 Whitendale 500 W Beech 1,640
40 Willow Glen 5200 W Hurley Ave 6,580
41 Woodland 1701 N. Woodland 4,750
Pocket
Parks
42 Shannon Ranch 1 3000 W Flagstaff 2,804
43 Shannon Ranch 2 3820 N Mendonca 3,688
44 Shannon Ranch 3 Zachary, Covina, Sedona 1,836
45 Spensor's Park 3228 W Clinton 714
46 Covey's Park 3108 W Elowin 1,809
47 Tiffany Ranch 5912 W Robinwood 1,044
48 West Park 4101 S. Kent 1,911
49 Willow Creek 4291 E. Bennet Circle 1,514
50 Patk Place 3401 S. Villa 2,548
51 Majestic Oak 2239 S. Grand St 1,514
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THE CITY OF VISALIA
Exhibit D-1
D-1 PLAYGROUND LOCATION MAP (SEPARATE ATTACHMENT)
(Condensed version of the map below)
A larger version of this map is provided as a separate attachment (Exhibit D-1) 1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
ANNUAL CONTRACT FOR SUPPLY AND DELIVERY OF ENGINEERED WOOD FIBER TO
DESIGNATED PLAYGROUND SITES ARCOSS THE CITY OF VISALIA
(City of Visalia Bid No. 24-25-45 )
This Agreement, entered into and effective this ________ day of ________________, 20___ [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and Air Applied Mulch hereinafter referred to as the “CONTRACTOR”, “VENDOR, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is sign supplier with a primary business address of 10250 Badger Creek Ln., Wilton, CA 9569 and SSN or EIN: 85-3708703; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Request for Bid and determined to award contract to CONTRACTOR for the Annual Project; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.
Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT# DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-45,
Supply and Delivery of Engineered Wood Fiber to Designated Playground Sites across the City of Visalia
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-45
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 24-25-45.
4. CITY COMMITMENTS:
1040
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as items are delivered and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Total Compensation: Not to exceed $45,000 annually at Contractor’s stated unit prices of $30.00 per cubic yard.
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from receipt of invoice for delivered product 1041
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Exhibit “C”
1042
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.
1043
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response.
Termination shall be at the sole discretion of the State. 1044
Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or selfinsurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
1045
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. a. 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. b. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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1047
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0585 Agenda Date: 1/20/2026 Agenda #: 12.
Agenda Item Wording:
Award construction management services- Authorize the City Manager to execute an agreement with 4 Creeks, Inc. to provide construction management services for the Tulare Avenue Major Street Rehabilitation from Roeben to Demaree in the amount of $275,000.
Prepared by:
Jonathan Frausto, Associate Engineer, [email protected], 713-4369 Diego Corvera, Senior Civil Engineer, [email protected], 713-4209 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Chris Crawford, City Engineer, [email protected], 713-4331 Jason Huckleberry, Engineering and Building Department Director, [email protected], (559) 713-4495
Department Recommendation:
Staff recommends that the City Council authorize the City Manager to execute an agreement with 4 Creeks, Inc. to provide construction management services for the Tulare Avenue major rehabilitation project from Roeben to Demaree in the amount of $275,000.
Summary:
This project will initiate the construction phase for the rehabilitation of Tulare Avenue from Roeben Street to Demaree Street. Improvements include pavement resurfacing and targeted repairs to curbs, gutters, sidewalks, drain inlets, sanitary sewer manholes and ADA ramps, as well as modifications to existing traffic signal equipment throughout the corridor. The project will also extend the Class IV protected bike lane, completing the segment between Demaree and Roeben.
Background Discussion:
The City of Visalia is currently maintaining a street network of approximately 507 centerline miles of roadway and nearly 100 million square feet of pavement. In an effort to appropriately direct maintenance activities and optimize the use of the limited maintenance funds available, staff incorporated a pavement management program (PMP) 11 years ago, following the lead of other similarly sized California municipalities.
Tulare Avenue, as identified in the pavement management plan, was selected for resurfacing. This project includes a pavement rehabilitation of approximately 1.5 miles of roadway on Tulare Avenue from Roeben to Demaree Streets. The rehabilitation work includes removing isolated areas of pavement failures, also known as dig outs, grinding the existing pavement section and overlay with hot mix asphalt. In addition to these improvements the project will also upgrade some of the existing curb ramps to meet current Americans with Disabilities Act (ADA) requirements and Public Rights-ofWay Access Guidelines (PROWAG). The project will incorporate some traffic signal improvements at intersections throughout the corridor. With these improvements the City of Visalia is implementing multimodal transportation enhancements such as Class IV Bike lanes through the use of modular Visalia City Council Page 1 of 4 Printed on 1/14/2026
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File #: 25-0585 Agenda Date: 1/20/2026 Agenda #: 12.
curbing and on-street parking protection.
On-Call Consultant Selection:
The City of Visalia Purchasing Division previously issued a request for proposals (RFP 20-21-18) to retain up to three (3) qualified consulting firms to provideconstruction management (CM) and resident lngineering (RE) services on an on-call basis. In response to the solicitation, the City received and evaluated seven (7) proposals. A selection committee reviewed and ranked the proposals and established a list of three qualified firms. The firms selected were:
· NV5, Inc.
· 4 Creeks, Inc.
· Vanir Construction Management, Inc.
The resulting on-call contract is a one-year agreement with the option for up to four (4) additional one -year renewals. All three firms met the requirements outlined in RFP 20-21-18 and have previously performed work for the City on various projects with positive performance evaluations from City construction management staff and listed references.
Mini-RFP Consultant Selection:
In order to comply with state requirements outlined in the Local Assistance Procedures Manual (LAPM), the City of Visalia Engineering & Building Department utilized the established on-call consultant list to initiate a project-specific mini-RFP process. All qualified on-call consultants were invited to submit proposals, and proposals were received from all three firms.
A selection committee was formed and evaluated the proposals in accordance with the evaluation criteria outlined in the mini-RFP. Based on the committee’s review, 4 Creeks, Inc. was determined to be the highest-ranked and most qualified firm and is recommended for selection.
Fiscal Impact:
Budget Overview:
The majorroadrehabilitation on Tulare Avenue from Roeben to Demaree Street is funded using the Surface Transportation Block Grant Program (STBGP) through the Federal Highway Administration (FHWA) and the Road Maintenance and Rehabilitation Account (RMRA) (SB1).
Tulare Ave from Roeben to Demaree (CP0603)
Project Funding Source
Surface Transportation Block Grant Program (STBGP) $ 3,086,000 Road Maintenance and Rehabilitation Act (RMRA) (SB1) $ 835,000 Total Project Funding $ 3,921,000
Estimated Project Costs
Project Management (Project Design & Management) $ 30,000 Construction $ 4,473,867
Construction Contingency (~10.0%) $ 450,000
Construction Management (City Consultant) $ 275,000
Construction Management (Staff Time) $ 25,000
Construction Services (Inspection) $ 75,000
Construction Services (Material Testing) $ 75,000
Visalia City Council Page 2 of 4 Printed on 1/14/2026
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Estimated Project Costs
Project Management (Project Design & Management) $ 30,000 Construction $ 4,473,867
Construction Contingency (~10.0%) $ 450,000
Construction Management (City Consultant) $ 275,000
Construction Management (Staff Time) $ 25,000
Construction Services (Inspection) $ 75,000
Construction Services (Material Testing) $ 75,000
Construction Services (Independent Assurance) $ 10,000
Construction Services (Construction Staking) $ 25,000
Total Estimated Project Costs $ 5,438,867
Surplus (Deficit) ($1,517,867)
Transfer RMRA (SB1) funds (Fund 113) from the
Whitendale Road Rehab project (CP0760)
$ 1,495,000
Transfer Annual Replace and Relocate Sanitary Sewer
Mains Project (CP9456)
$ 25,000
The shown budget shortfall and the recommended transfer of funds is being taken into consideration for City Council approval on January 20, 2026 as part of consent calendar item (25-0577).
Prior Council Action:
June 16, 2025 Adopted Resolution No. 2025-41 to designate 2025/26 SB1 RMRA funding of $3,900,000 to the Tulare Avenue Road Rehabilitation Projects from Roeben to Cotta. 1) Tulare Avenue Roeben to Demaree project ($835,000) and 2) Tulare Avenue Demaree to Cotta project ($3,065,000).
July 18, 2022 Accepted and authorized the appropriation of 2,989,000 of STBGP and HIP funds for the Tulare Ave from Demaree St to Cotta St project and $3,086,000 of STBG funds for the Tulare Ave from Roeben St to Demaree St project.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute an agreement with 4 Creeks, Inc. to provide construction management services for the Tulare Avenue Major Road Rehabilitation Project from Roeben to Demaree in the amount of $275,000.
Environmental Assessment Status: Environmental assessment has been cleared by Caltrans.
CEQA Review: NEPA/CEQA are completed.
Deadline for Action: 1/20/2026
Attachments:
1. 4 Creeks, Inc. ownership disclosure form
Visalia City Council Page 3 of 4 Printed on 1/14/2026
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File #: 25-0585 Agenda Date: 1/20/2026 Agenda #: 12.
2. Project location map
3. 4 Creeks, Inc. draft agreement
Visalia City Council Page 4 of 4 Printed on 1/14/2026
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DISCLOSURE STATEMENTS
The following disclosure & statement apply to the Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company:
1. submitting a bid or proposal in response to a solicitation by City of Visalia; or
2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
_________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
_____________________________________________________________________________________________ ______________________________________________________________________________________________ ______________________________________________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also known as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____ If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
______________________________ ________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
_________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company __________________________________________ ____________________________________ Signature of Company Authorized Individual Print or Type Name of Authorized Individual 4Creeks 324 S. Santa Fe St., Visalia, CA 93291
CEO: Matthew Ainley CPO: Molly Muirhead Director: David De Groot COO: Joel Alipaz CMO: Eric Riley Director: Rose Morgan
CFO: Cody Smith Director: Randy Wasnick No stockholders over 10% Matthew Ainley 4Creeks 1052 203
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ROEBEN AKERS LINWOOD CHINOWTH DEMAREE
TULARE TULARE PROJECT CONSTRUCTION LIMITS
0 0.07 0.15 0.3 mi
0 0.13 0.25 0.5 km
1:9,360
1053
Professional Services Agreement for Construction Management Services for Tulare Avenue Major Road Rehabilitation (Roeben to Demaree)