Visalia City Council
Meeting Agenda - Final
Mayor Brett Taylor
Vice Mayor Liz Wynn
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Brian Poochigian
Visalia City Council
707 W. Acequia
Visalia, CA 93291
and
Meeting call-in telephone
number: 669-444-9171
Meeting ID:
885 1675 5867
(*9 to request to speak
*6 to unmute/mute)
Meeting online link:
https://visalia.zoom.us/j/
88516755867
Monday, August 17, 2026 7:00 PM City Council Chambers
ROLL CALL
CALL TO ORDER WORK SESSION - 4:00 PM (Unless otherwise noted)
PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
WORK SESSION AND ACTION ITEMS (as described)
1. Entertainment Ordinance discussion - Receive and review draft entertainment ordinance and the draft entertainment permit application and provide staff with direction on changes to these documents, and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 17 Zoning.
26-0088
2. Inclusive park project - Receive a presentation on the inclusive park project and authorize staff to move forward with the updated concept layout to prepare design and construction drawings. 26-0092
3. Stormwater master plan update - Receive a presentation on the stormwater master plan progress and provide direction regarding releasing for public comments.
26-0078
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM
PLEDGE OF ALLEGIANCE
1 Visalia City Council Meeting Agenda - Final August 17, 2026
MOMENT OF SILENCE - FORMER MAYOR GREG COLLINS
INVOCATION LED BY PASTOR UNRAU, PARKSIDE CHAPEL
SPECIAL PRESENTATION / RECOGNITION
PUBLIC COMMENTS
This is the time for general public comment on issues within the jurisdiction of the Visalia City Council. Each speaker tonight may speak for up to 3 minutes during this general comment period on a matter that is not on this agenda.
The public may also make one comment for up to 3 minutes prior to the consideration of the Consent Calendar, and immediately before any regular agenda item is heard. The Council asks that you keep you comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.
Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.
ITEMS OF INTEREST
CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion.
This is the time for members of the public to provide public comment on an item on the Consent Calendar. Comments will not be taken individually by the public if an item is pulled by a Council Member. Each speaker is allowed up to 3 minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling you name and providing your city of residence.
1. Authorization to read ordinances by title only. 26-0007
2. Award contract and transfer funds for Lot #44 & Transit Operations parking lot pavement rehabilitation - Authorize the City Manager to award the construction contract to Dave Christian Construction, Inc. for the Lot #44, located at 300 N. Tipton Street & Transit Operations parking lot pavement rehabilitation project, located at 525 N. Cain Street, in the amount of $1,259,372; authorize a change order deduction in the amount of $208,439; and authorize the transfer and appropriation of $485,000 from Transit Funds.
26-0057
3. Reinstate Building Advisory Committee - Authorization for reinstatement of the Building Advisory Committee as a five-person committee, therein re-incorporating a “Board of Appeals” derived from the BAC, and appointing three members to their identified terms.
26-0072
2 Visalia City Council Meeting Agenda - Final August 17, 2026
4. Notice of completion - Authorize the filing of a notice of completion for the Stonebrook Street culvert in Packwood Creek. 26-0080
5. Award of annual contract for on-call electrical repair services - Authorize the City Manager to award an annual contract for on-call electrical repairs at various city-owned parks and facilities to A-C Electric Company in an annual amount not to exceed $165,000. 26-0083
6. Award Plaza Park project - Authorize the City Manager to award the resurfacing of tennis and pickleball courts at Plaza Park contract, to Anderson Striping & Construction for an amount not to exceed $139,759.68.
26-0086
7. Replacement of two groundwater monitoring wells - Authorize the City Manager to award an agreement to Arsenal Well Drilling, in an amount not to exceed $98,600 for the replacement of two groundwater monitoring wells at the Water Reclamation Facility. 26-0087
8. Award contract for biofilter media replacement & associated equipment inspection at the Water Reclamation Facility - Authorize the City Manager to award a contract to W.M. Lyles Co., in an amount not-to-exceed $267,560 and appropriate $220,000 from the Wastewater Fund.
26-0090
9. Visalia Health and Wellness Clinic administration and operation - Authorize the City Manager to execute an amendment to extend the agreement for clinic administration and operation with Elite Corporate Medical Services not to exceed $330,000, for one year ending June 30, 2027.
26-0091
10. Partial notice of completion - Request authorization to file a partial notice of completion for the Riggin Avenue widening project from Kelsey Street to Shirk Street.
26-0098
11. Award of annual contract for sports park mowing and aeration services - Authorize the City Manager to award the annual contract for sports park mowing and aeration services to Perfect Care Landscape in an annual amount not to exceed $450,000.
26-0099
12. Award of annual contract for passive park mowing and aeration services - Authorize the City Manager to award the annual contract for passive park mowing and aeration services to Clean Cut Landscape Management in an annual amount not to exceed $201,000.
26-0100
13. Record final parcel map - Request authorization to record the final parcel map for Tentative Parcel Map No. 2024-08, located at the northeast corner of North Kelsey Street and West Riggin Avenue intersection.
26-0101
3 Visalia City Council Meeting Agenda - Final August 17, 2026
14. Confirm a grant submittal for the Alcohol Policing Program - Confirm the Visalia Police Department’s grant submission to the California Department of Alcoholic Beverage Control Office of Traffic Safety Grant Program for the maximum amount of $30,000 funded by the Office of Traffic Safety through the National Highway Traffic Safety Administration, which was submitted on August 7, 2026.
26-0106
15. Fiscal year 2025-26 cape seal notice of completion - Authorization to file a notice of completion for the fiscal year 2025-26 cape seal project.
26-0108
16. Request by Council member Brian Poochigian - Consideration of a future agenda item to discuss a moratorium that would prohibit the development and approval of data centers and similar high-intensity uses with significant water net loss and electrical demands.
26-0112
17. Appointment in lieu of election - Consider adopting Resolution No. 2026-61 providing for the appointment in lieu of election to the office of City Councilmember for District 3 pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
26-0113
CLOSED SESSION REPORT
ADJOURNMENT
UPCOMING CITY COUNCIL MEETINGS
1. Upcoming City Council Meetings
Tuesday, September 8, 2026 @ 7:00 p.m. at 707 W. Acequia Monday, September 21, 2026 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
26-0095
4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0088 Agenda Date: 8/17/2026 Agenda #: 1.
Agenda Item Wording:
Entertainment Ordinance discussion - Receive and review draft entertainment ordinance and the draft entertainment permit application and provide staff with direction on changes to these documents, and direction on initiating potential Municipal Code updates to Visalia Municipal Code Chapter 17 Zoning.
Agenda Date: 8/17/2026
Prepared by:
Colleen A. Moreno, Associate Planner, (559)713-4031, [email protected] Paul Bernal, Planning and Community Preservation Director, (559)713-4025, [email protected] Department Recommendation:
Staff recommends that City Council receive the staff report and presentation on the draft Entertainment Ordinance, the draft entertainment permit application, and provide staff with any input or desired changes to these documents and provide direction on whether to proceed with the ordinance and related material for adoption at a future meeting.
Summary:
In December 2025, the Planning Division provided the City Council with an overview of how the City of Visalia processes live entertainment requests for businesses seeking to host live entertainment within their establishments and the standard operating and security conditions applied to these types of requests.
At the work session, staff discussed a possible “hybrid” model, that would allow for an administrative approval process for certain entertainment requests that meet certain criteria, such as operating hours and type of entertainment provided. Staff also discussed redefining the current live entertainment definition to provide a clearer understanding of what live entertainment is and to also provide a pathway for administrative approvals and discretionary approvals.
Live Entertainment Outreach
Similar to other new draft ordinance considerations, staff conducted public outreach to several businesses and others that host and/or inquired about the possibilities of hosting live entertainment within their commercial establishments for their input. Staff conducted individual meetings with current conditional use permit holders for live entertainment and a larger group meeting for business owners who inquired or may potentially want to add live entertainment to their businesses.
The input staff received from business owners regarding the current process was that no business was the same and that more flexibility should be allowed to allow businesses to remain dynamic and relevant. Business owners also felt a tier or hybrid model would be better. For example, smaller or minor events such as karaoke, comedy, instructional dance, and events ending earlier in the evening or daytime, an easier process, such as an administrative approval application, should be allowed.
Whereas larger events such as late evening, alcohol use, and DJs, should require discretionary Visalia City Council Page 1 of 8 Printed on 8/14/2026
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Whereas larger events such as late evening, alcohol use, and DJs, should require discretionary approval, like the existing Conditional Use Permit (CUP) process.
Additionally, business owners inquired about templates that could be provided by the City that would provide all required information for an operational statement and security plan, that is required for the CUP submittal. Business owners expressed frustration on not understanding what a “good” or “thorough” statement is and that by providing templates or a questionnaire, it would remove the guesswork on those required documents.
New Draft Entertainment Ordinance - Chapter 17.32.155
The draft Entertainment Ordinance (Attachment “A”) establishes the regulatory framework for entertainment activities within the City of Visalia. The draft ordinance is crafted based on input from Council, public outreach with businesses, and recommendations from staff. Highlights of language included in the Entertainment Ordinance are as follows:
Recommended Revisions to Chapter 17 (Zoning Ordinance)
Definitions
Staff’s review of the current definitions contained in Chapter 17 has noted that the live entertainment definition can be updated based on staff’s analysis of other municipalities ordinances and that additional definitions can be added to help clarify the different types of entertainment uses that may occur. This allows transparency and clear communication from the City to its residents.
Staff suggest that the current live entertainment definition be redefined as “entertainment” to allow flexibility in the types of entertainment that may be provided by businesses. Additionally, providing definitions to other terms consistently used by the City creates a clearer understanding and assists in creating a pathway for administrative and discretionary approvals. Those additional definitions include but are not limited to, defining “acoustical music,” “ambient music”, and “Security Personnel”.
Update to Chapter 17.25 Zone Use Matrix (see Attachment “B”: Current Zone Use Matrix) Currently the Zone Use Matrix uses the current definition of “Live Entertainment” as conditionally permitted within the following zones:
- C-R (Regional Commercial)
- C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
All other zones, Live Entertainment is not permitted.
Staff recommends that following changes to the Zone Use Matrix:
· Removal of the “Live Entertainment” use
· Addition of “Entertainment till 10:00 P.M.” permitted by right in the following zones:
- C-R (Regional Commercial)
- C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
· Addition of “Entertainment past 10:00 P.M.” conditionally permitted in the following zones:
- C-R (Regional Commercial)
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- C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
Staff also recommends that the current “Micro-breweries/micro-wineries (with or without restaurants)” (line E3 in 17.25 Zone Use Matrix) be updated to include language allowing entertainment. Currently micro-breweries and micro-wineries are conditionally permitted in zones that “Live Entertainment” is not permitted in, such as the C-S and I-L zone. For example, based on the current Zone Use Matrix, a micro-brewery located in a C-S zone, can conditionally operate through a CUP, but cannot add live entertainment to their CUP as live entertainment is not permitted within the C-S zone.
Staff deems it appropriate to expand the allowance of entertainment within micro-breweries/microwineries based on business owner inquiries and feedback that entertainment activities support the business and also the vibrancy of the City. The type of entitlement will not change, but the line item can be updated to include entertainment as follows:
· Update of “Micro-breweries/micro-wineries (with or without restaurants)” to “Microbreweries/micro-wineries (with or without restaurants) (with or without entertainment)” in the following zones:
- Conditionally Permitted: C-N (Neighborhood Commercial) - Permitted by Right: C-R (Regional Commercial)
- Conditionally Permitted: C-S (Service Commercial)
- Conditionally Permitted: C-MU (Mixed Use Commercial)
- D-MU (Downtown Mixed Use)
- Conditionally Permitted: BRP (Business Research Park) - Conditionally Permitted: I-L (Light Industrial)
- Conditionally Permitted: I (Industrial)
No types of standalone entertainment shall be permitted within the following zones, which remains as the status quo:
- C-N (Neighborhood Commercial)
- C-S (Service Commercial)
- O-PA (Professional/Administrative Office)
- O-C (Office Conversion)
- BRP (Business Research Park)
- I-L (Light Industrial)
- I (Industrial)
Entertainment Permit - Entertainment occurring prior to 10:00 P.M.
Based on City Council direction, outreach with business owners and staff’s recommendation, a “hybrid” model of an ordinance is proposed to allow for an administrative approval process for entertainment that occurs prior to 10:00 P.M. and a discretionary approval, through a Conditional Use Permit (CUP) for entertainment, that occurs past 10:00 P.M. In addition, standard conditions will be established and applied to both the Entertainment Permit (administrative approval) and the CUP for entertainment (discretionary approval). However, through the CUP review, additional conditions can Visalia City Council Page 3 of 8 Printed on 8/14/2026
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be applied based on staff’s analysis and review of the entertainment proposal.
Based on feedback from business owners, staff drafted a proposed Entertainment Permit Application (Attachment “C”) that acts as a template for required information. Business owners stated frustration and confusion in not knowing what information was needed and not being able to provide enough information to staff for the current process. The Entertainment Permit application is comprehensive in the information requested and like other Planning applications, also requires a notarized Agency Authorization allowing the business owner to operate this type of use on the property if they are not the property owners. In addition to a complete Entertainment Permit, applicants also will have to submit a site plan, floor plan, description of entertainment activities and a security plan. These required documents provide context for staff and support the information provided by the applicant in the application.
Upon receipt of the completed application and required documents, the application will be reviewed by the Planning and Community Preservation Director, or their designee, as well as with other departments, including police, fire, and building. The review for the application will be 30 days.
Additional requirements will be reviewed and investigated by the City including that the site is in good standing in regards for calls for service, violations of the municipal code, compliance with land use entitlements, or violations from the Department of Alcoholic Beverage Control (ABC).
Staff recommends this type of administrative permit for entertainment occurring prior to 10:00 P.M. as it allows business owners to be dynamic and flexible in the type of entertainment they provide to their customers.
Examples of the type of uses that are applicable for an Entertainment Permit are:
- Karaoke and DJ hosts ending at 9:00 P.M.
- Comedy Night with multiple performers ending at 10:00 P.M. - Line Dancing and Salsa Dancing classes ending at 7:00 P.M. with music and dancing continuing till 9:30 P.M.
- Bands ranging in size (one to six people) playing amplified music ending at 8:00 P.M. - Vinyl Record Swap on Sundays with a DJ from 11:00 A.M. to 5:00 P.M. - An Open Mic at a wine shop ending at 8:30 P.M.
- Bingo or Trivia with amplification playing music and a host starting at 9:00 A.M.
Conditional Use Permit - Entertainment occurring past 10:00 P.M.
Per the new ordinance, Entertainment that occurs or ends after 10:00 P.M. will be approved via the existing discretionary approval process of a Conditional Use Permit (CUP). Each request will be reviewed on a project-by-project basis. The current CUP process provides a project-specific review tailored to each establishment which provides staff with the ability to impose case-by-case operating conditions. As with all CUPs, the City may initiate the process to revoke or modify live entertainment CUPs if the business fails to comply with their conditions.
Examples of the type of uses applicable to a CUP are:
- Karaoke hosted with a DJ on Wednesdays and Fridays ending at 11:00 P.M. - Line Dancing and Salsa Dancing classes ending at 7:00 P.M. with music and dancing continuing till 12:30 A.M.
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- Comedy Night with multiple performers ending at 12:00 A.M. - DJ ending at 2:00 A.M.
- Live bands (varying in size from one to six people) playing amplified music ending at 11:30 P.M.
Baseline Conditions
Based on the proposed draft ordinance, baseline conditions have been included that will be applied to Entertainment Permits. These baseline conditions include, but are not limited to, standards pertaining to Time Restrictions (#2), Type, manner and hours of operation (#3), Noise (#6), Occupancy (#7), Security plan (#8), and Windows (#11).
For security, staff deemed it appropriate to include baseline conditions that will be applied to the Entertainment Permit. These security conditions include adequate security staffing per the submitted security plan that will be reviewed by the Visalia Police Department (VPD). In addition, with consultation with VPD, it was determined that for all entertainment allowed per the Entertainment Permit, as a minimum, security at establishments shall be one security guard for every fifty (50) patrons. For the first fifty patrons, security may be provided by the employees of the business, subject to VPD approval. This allows for smaller scale events to be held without the need for a licensed security guard. However, there shall be one additional licensed security guard for each subsequent increment of 50. This means that for a small event with 50 people or less, one security guard, who may be an employee of the establishment, is sufficient. As soon as the number of patrons increases to over 50, a second security guard must be brought in and this second security guard must be licensed through BSIS. However, as stated in the condition, the number of security personnel may potentially be increased based on police review. Furthermore, the attire of security personnel shall clearly indicate the guard’s affiliation by having “SECURITY” displayed on a shirt in large letters or other clearly-visible form of identification. This type of uniform can be a t-shirt, polo, or other similar style as long as it is identifiable to both the public and emergency personnel.
With the exception of the Time Restriction baseline condition, all other baseline conditions listed in the ordinance will be applied to CUPs for Entertainment. The Planning Commission, at their discretion, in consultation with other departments, may require additional conditions of approval of a CUP for entertainment based on the specific location and operational characteristics of the business.
Uses not requiring an Entertainment Permit or a CUP for Entertainment With the updated definitions there are other types of music that can be performed that will not require any type of permit. Those uses are defined as “acoustical music” and “ambient music.” Uses that are considered either acoustical or ambient do not require any type of permit and are able to operate at a site without notifying the City. Examples of “acoustical music” are as follows:
- A three-piece mariachi group walking around the inside of a restaurant without amplification prior to 10:00 P.M.
- A solo singer with a guitar performing without amplification at a coffee shop or café prior to 10:00 P.M.
- An open stage event with multiple small music groups performing without amplification at a brewery prior to 10:00 P.M.
- A violinist performing at a wine shop without amplification prior to 10:00 P.M.
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Examples of “ambient music” are as follows:
- Music played from a laptop through installed speakers at a restaurant, to provide ambience and not heard from the exterior.
- Music played from a phone in the interior of a brewery and played to provide ambience and not entertainment.
- Music played from a jukebox inside a business to provide ambience and not entertainment.
Entertainment Permits Non-transferable
Per the new draft ordinance, no entertainment permit may be sold, transferred or assigned by a permittee, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void.
This is different than a CUP, as the CUP runs with the land and if the business owners were to switch or the business was to be sold, the CUP for entertainment can be utilized by the new owners as along as the use (entertainment) has not been discontinued for a period of one hundred and eighty (180) days. Staff deems this requirement appropriate because the Entertainment Permit is an administrative approval that does not require Planning Commission review and can be applied through an expedited process as opposed to the CUP.
Fees
The fee for the Entertainment Permit will be the same fee of Temporary Conditional Use Permit (TCUP) - To Planning Commission fee. The current fee for this fiscal year for this is $588.00. Staff finds this fee appropriate. Though the Entertainment Permit is administrative, it will still require significant review and approval from various departments such as Planning, Police, Code Enforcement, Building and Fire. Additionally, research will have to be conducted such as Business Tax history and standing, ABC license information, etc. the Entertainment Permit has required findings that must be made to approve the permit. This is not a simple over the counter transaction, that only requires a signature, but a review that requires conformance, compatibility, and safety with the City’s Municipal Code.
Appeals
With the administrative approval for the Entertainment Permit, the administrative decision may be appealed to the Planning Commission. The deadline for an appeal to be made is ten (10) days after the written notice of the decision by the City is provided to the applicant. Planning Commission decisions may be appealed to the City Council pursuant to the procedures established in the ordinance.
Existing CUPs for Entertainment Establishments
The Entertainment Permit is an administrative approval that existing CUP holders may apply for to compliment their existing CUP for entertainment. The Entertainment Permit is an administrative level approval that is more restrictive in terms of hours of entertainment, but also more flexible in the types of entertainment to be offered at the establishment, subject to the conditions detailed in the permit.
For example, a business owner who currently has a CUP that allows amplified bands on Fridays and Saturdays till 1:00 a.m. can apply for an Entertainment Permit to include a DJ on Thursdays, Fridays and Saturdays only till 10:00 p.m. If the business owner wants to increase the hours of the DJ till after 10:00 p.m., an amendment to their existing CUP will be required. If this same business owner wants Visalia City Council Page 6 of 8 Printed on 8/14/2026
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10:00 p.m., an amendment to their existing CUP will be required. If this same business owner wants to include an acoustical guitarist to play during dinner service Monday through Wednesday, from 5:00 p.m. to 9:00 p.m., they can do so without an amendment to the CUP and without the need of an Entertainment Permit. If this business owner wants to include karaoke and bingo on Sundays from 10:00 a.m. - 12:00 p.m., they can do so through the Entertainment Permit. The Entertainment Permit allows entertainment till 10:00 p.m.
Next Steps:
Based on direction received, staff will work on drafting updates to the Zoning ordinance which will be presented to both the Planning Commission and the Council at a future meeting.
Fiscal Impact:
None
Prior Council Action:
Council directed staff to draft an Entertainment Ordinance with a “hybrid” model.
Alternatives: The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Chapter 17.32.155 Recommended Motion (and Alternative Motions if expected):
I move to direct staff to begin drafting revisions to Chapter 17 Zoning, based on the information provided in the staff report, and direction provided during the work session presentation.
Environmental Assessment Status: No environmental assessment required at this time. The adoption of any ordinance changes will require environmental documentation pursuant to the California Environmental Quality Act (CEQA) to be completed by staff.
CEQA Review: The requested action is not a “project” under CEQA.
Attachments:
Attachment “A” - Proposed Entertainment Ordinance Chapter 17.32.155 Attachment “B” - Zone Use Matrix Chapter 17.25
Attachment “C” - Draft Entertainment Permit Application Attachment “D” - PowerPoint Presentation
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
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☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☐
Quality of
Life
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Proposed Code Amendment
Section 17.32.155 –Entertainment Establishments (Administrative Entertainment Permit Process and Conditional Use Permit Process)
A. Purpose
The purpose of this section is to establish standards for entertainment establishments that promote economic vitality and cultural activities while protecting surrounding properties from excessive noise, traffic, criminal activity, and other adverse impacts on public health, safety, and welfare.
B. Definitions
For purposes of this section:
Acoustical Music” shall mean shall mean any person playing a musical instrument or singing between the hours of 9 a.m. and 10 p.m. in any place or establishment where food or alcoholic beverages are sold, offered for sale, or given away, who is employed by, working for, or performing at the invitation and with the permission of the owner or operator of the place or establishment and the performance is being provided at a sound level similar to ambient music. Such performers may be strolling or stationary within the establishment. Any type of acoustical music occurring after 10:00 P.M. shall require an Entertainment Permit.
“Ambient Music” shall mean low-volume, background music, whether amplified or not amplified, not audible to a reasonably hearing person at twenty-five (25) feet from any portion of the exterior of the building (including outdoor patios/dining areas), and which is intended to provide ambience and not to entertain.
“Amplified Music” shall mean any type of music performed by a live performer that is utilizing any type of amplification, including but not limited to PA system, or microphone. “Dance or Dancing” means movement of the human body accompanied by music or rhythm.
“Dance Floor” means an area greater than approximately 100 square feet used for dancing, whether as a primary or accessory use.
“Entertainment” shall be the performance by one (1) or more of any of the following performed live with amplified sound by one (1) or more persons, whether or not done for compensation and whether or not admission is charged: (i) musical act, including karaoke; (ii) theatrical act, including a play, revue, or stand-up comedy; (iii) dance; (iv) magic act; (v) disc jockey; or (vi) similar activity. This shall also include recreational type activities such as instructor led uses such as dance, games (trivia/bingo), and enrichment uses that utilize any type of amplification. Entertainment shall not include ambient music that is intended to provide ambience and not for separate entertainment. The use of acoustical music by commercial establishments prior to 10:00 P.M. shall also not require a conditional use permit for Entertainment.
“Entertainment Permit” shall mean the permit issued under this code section, as noted in this section Entertainment occurring after 10 p.m. requires both an Entertainment Permit 13 and a Conditional Use Permit, while Entertainment occurring between the hours of 9 a.m. and 10 p.m. only requires an Entertainment Permit.
“Security Plan” shall include a description submitted by an applicant for an Entertainment Permit that describes how they conduct crowd control; stay within occupancy requirements; manage the entryways, exits, and public right of way around their business to prevent loitering and allow for ingress and egress of patrons. Additional requirements for a Security Plan may be set by applicable city policies. "Security Personnel" shall mean persons employed or contracted to provide crowd management, security services, or public safety monitoring and must all be licensed security guards with a valid license (guard card) issued by the California Bureau of Security and Investigative Services (BSIS) and shall have their guard card with them while performing duties as a security guard. The licensed security personnel may be employees of the establishment or licensed security personnel retained from a licensed security firm.
All on-duty licensed security guards shall be uniformed and shall comply with the uniform requirements set forth in California Business & Professions code section 7582.26.
C. Entertainment Permit and Security Plan Required
It shall be unlawful for persons or businesses to provide in, or upon, any premises in the city, Entertainment without an Entertainment Permit issued under this code section.
It shall be unlawful for persons or businesses to provide in, or upon, any premises in the city, Entertainment, at any time, not otherwise exempt from the requirements of this code section without a Security Plan.
D. Exemptions from the Entertainment Permit Requirement The following types of Entertainment and events are exempt from the Entertainment permit and Security Plan required by this section. An exemption does not relieve any establishment or event from complying with all other applicable laws, including, but not limited to, the laws related to special event requirements, noise levels and nuisances, particularly those contained in this Code.
1. Entertainment conducted solely on or at a location that is owned, operated by, or leased by, to, or from, a federal, state, or local government agency, including but not limited to school districts.
2. Entertainment conducted by or sponsored by a religious group or any nonprofit public benefit organization, organized or incorporated for charitable nonprofit purposes, having an established membership, and which holds meetings at regular intervals of not less than once per three-month period, when proceeds, if any, arising from the entertainment event are used for the purpose of the nonprofit organization, and the Entertainment is being conducted at a property that is operated by the nonprofit organization.
3. Entertainment lawfully conducted at any City park, building or recreational facility.
4. Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. 14 5. Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge.
6. Performances by the students at educational institutions as defined by the California Education Code where such performances are part of an educational or instructional curriculum or program.
7. Dance lessons, theatrical and performing arts lessons and student recitals that conclude no later than 10:00 p.m.
8. Book readings, book signings, poetry recitations, plays, and any other similar types of public speaking events or lectures consisting of the spoken word and or the use of ambient music or incidental music during the event, and if such event concludes no later than 10:00 p.m.
9. Modeling of clothes provided in conjunction with a retail clothing business that is operating in compliance with all municipal codes and laws and where the clothes modeled are sold by the business, the modeling is done during hours of normal operation of the business, and no admission charge is required to observe or attend.
10.Entertainment consisting of ambient or incidental music provided for guests or patrons by radio, jukebox, television, or similar device, or by café musicians. If an admission charge is required to observe or attend these entertainers providing the music, then music is not considered ambient or incidental.
E. Permit Requirements
1. No Entertainment shall be conducted except in compliance with this section.
2. Entertainment not otherwise exempt from requirements occurring after 10:00 p.m. shall require approval of a Conditional Use Permit pursuant to Chapter 17.38, and Chapter 17.32.155.L.
3. Security Plan Requirements. A Security Plan shall be required for Entertainment Permits.
F. Entertainment Permit Application Fee
Any person desiring to obtain an Entertainment Permit shall submit an Entertainment Permit Application to the Planning and Community Preservation Department, Planning Division, in the manner and form described in this section. At the time of submittal of such application, a nonrefundable fee as established by the City’s Fee Schedule shall be paid to defray the cost of review, investigation, report, and inspections required by this section.
The submission of an Entertainment Permit Application does not authorize the entertainment until such permit has been granted by the Planning and Community Preservation Director or their designee. The fees established in this section are in addition to the City's business tax and any other license or permit fee imposed by this Code upon the permittee.
G. Entertainment Permit Application Materials
15 The applicant shall submit the Entertainment Permit Application along with the following information:
1. Detailed and fully dimensioned site plan;
2. Floor plan identifying entertainment areas;
3. Proposed hours of operation and days of the week;
4. Occupancy load;
5. Detailed description of entertainment activities;
6. Security Plan.
H. Entertainment Permit Application Review
Upon receipt of the completed application, the Planning and Community Preservation Director, or their designee, in consultation with other applicable city departments, including the police, fire, and building departments, shall review the application within 30 days and conduct an investigation. The Planning and Community Preservation Director, or their designee shall ensure that all of the following components have been provided:
1. The required fee has been paid.
2. The application conforms in all respects to the requirements in 17.32.155.G of this section.
3. The applicant has not made any false, misleading or fraudulent statements in the application.
4. The applicant has fully cooperated in the investigation of their application
5. The applicant has not been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under Cal. Penal Code § 290, Cal. Health and Safety Code § 11590, or of conduct violating Cal. Penal Code §§ 647(a), 647(b), or any crime involving dishonesty, fraud or deceit.
6. The applicant is at least 18 years of age; or, if the applicant is to be employed in a place of business where alcoholic beverages are to be sold or consumed, the applicant is at least 21 years of age.
7. The applicant has not engaged in conduct which would constitute grounds for suspension or revocation under this section.
8. The applicant has not had an Entertainment Permit denied or revoked within the past six months.
9. The business establishment in which the entertainment is proposed has operated in good standing with the city regarding calls for service, violations of the municipal code, compliance with land use entitlements, or violations from the Department of Alcoholic Beverage Control.
I. Issuance of the Entertainment Permit
16 An Entertainment Permit may be approved by the Planning and Community Preservation Director or their designee when all of the following standards are met:
1. Entertainment activities shall cease no later than 10:00 p.m. Monday through Sunday;
2. The business establishment shall comply with all applicable building, fire, health, and zoning regulations;
3. The proposed Entertainment is compatible with surrounding land uses;
4. If outdoor amplified Entertainment is proposed, a noise analysis addressing noise impacts in conformance with the City of Visalia's Noise Ordinance (Chapter 8.36) shall be required and accepted by the Director or their designee if the outdoor amplified area is located within 1,000 feet of an existing residence or a sensitive receptor. Compliance of the noise levels, subject to the Visalia Noise Ordinance, shall be verified by the acoustical consultant prior to operation.
5. That issuance of the Entertainment Permit and conduct of the Entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing special permit(s).
6. That issuance of the Entertainment Permit at the proposed location, as conditioned, will not constitute an undue burden on the neighborhood or surrounding area because of its proximity to residences, inadequate parking or other neighborhood circumstances and will not interfere with the reasonable use and enjoyment of the neighborhood by its residents.
7. Neither the permittee or any responsible person or principal of the permittee has, within the past five years, been convicted of a felony or other crime of moral turpitude that is substantially related to the qualifications, functions or duties of a proprietor of premises upon which the Entertainment is conducted.
8. Neither the permittee or any responsible person or principal of the permittee has a history of committing, permitting or failing to prevent significant violations of the city code, or any license or permit, in connection with an entertainment establishment for which he or she was a responsible person.
9. The permittee does not owe the City a fee or an administrative penalty for violation of a provision of this section or a condition of an Entertainment Permit issued pursuant to this section.
10.The establishment has not been subject to permit revocation, suspension, or significant code enforcement actions during the preceding 12 months.
11.Where the Planning and Community Preservation Director, or their designee, does not approve an Entertainment Permit, the Planning and Community Preservation Director or their designee shall inform the permittee of the reason(s) for the denial in writing. An appeal to the Planning Commission may be made pursuant to this code section.
J. Administrative Entertainment Permit Approval Findings 17 The Planning and Community Preservation Director, or their designee, may approve the permit upon finding:
1. That the proposed project will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.
2. The use is consistent with zoning regulations.
3. The proposed Entertainment will not create a public nuisance.
4. Adequate measures are in place for noise control and patron management.
5. That the proposed Entertainment use would be compatible with adjacent land uses.
K. Entertainment Permit Baseline Conditions
The following baseline conditions shall be applicable to all businesses with an Entertainment Permit. The Planning and Community Preservation Director, or their designee, in consultation with other departments, may require additional conditions of approval on an Entertainment Permit based on the specific location and operational characteristics of the business. These requirements do not modify or limit in any way the authority of the Planning and Community Preservation Director, or their designee, to enforce the requirements found in this ordinance against any person, or of the Chief of Police, Fire Marshal, Building Official or Neighborhood Preservation Manager to immediately take action in the event of an imminent threat to public health or safety.
The Planning and Community Preservation Director, or their designee may impose conditions including but not limited to the following:
1. Compliance with laws. All individuals and/or business entities who obtain an Entertainment Permit shall comply with all applicable laws, regulations, ordinances and stated conditions.
2. Time Restrictions. Entertainment may not take place between the hours of 10:00 p.m. through 11:00 a.m. The time restrictions may be further limited by an applicable conditional use permit or an Entertainment Permit.
3. Type, manner and hours of operation. The type, manner, frequency, dates and times during which Entertainment is provided shall be limited to what is expressly indicated on the Entertainment Permit. Any substantial changes to the type, manner, frequency, dates or times of Entertainment shall require the permittee to submit an application for an amendment to the Entertainment Permit, which shall be processed in the same manner as a new Entertainment Permit, prior to making any changes to the business operation.
4. No adult entertainment. As defined by Visalia Municipal Code Chapter 17.62, no adult entertainment shall be conducted on the permitted premises.
5. Entertainment Permit filed on-site. Permittees shall keep, place, or post an approved Entertainment Permit, including conditions of approval on the premises in a place easily accessible by city staff.
18 6. Noise. Permittee shall ensure that noise emanating from the business shall not be unreasonably loud or disturbing and shall comply with the noise standards contained in Chapter 8.36 Noise.
7. Occupancy. Building occupancy loads shall be posted at all times. Permittee shall be responsible to keep count of the number of occupants present at any given time and provide that information to city staff upon request.
8. Security plan. Permittee shall be responsible for adhering to the security plan reviewed and approved by the Visalia Police Department and Visalia Code Enforcement Division. No changes to the approved Security Plan shall occur without approval from the Visalia Police Department and Visalia Code Enforcement Division. It is the responsibility of the business establishment to update the security plan on file with the city when/if there are any changes in the operational characteristics of the establishment which may alter the contents of the security plan.
Permittee shall be responsible for maintaining an adequate security staff, per its security plan, to supervise patrons and those waiting to enter. Security staffing requirements shall be as follows:
i. Potential patrons awaiting entry in a defined "queue" shall be counted toward the calculation of required security staffing levels. ii. For up to 50 people inside (or in a defined queue waiting to enter) an establishment, security may be provided by the employees of the business, subject to Visalia Police Department approval.
iii. There shall be one additional licensed security guard for each subsequent increment of 50, plus one guard for additional floor.
iv. The attire of each security guard shall clearly indicate the guard’s affiliation with the establishment by means of having "SECURITY” displayed on a shirt in large letters or other clearly-visible form of identification.
The approved Security Plan shall be kept available on the premises and shall be presented immediately upon request by a City of Visalia police officer and/or code enforcement officer.
9. Loitering. Permittee shall take steps to prevent patrons from loitering in the immediate area, littering or making excessive noise outside of the establishment and at closing time.
10.Doors. All exterior doors must be closed during the hours of Entertainment, except to allow ingress or egress of patrons, or in the case of emergencies.
11.Windows. All exterior windows that are designed as part of the building that open onto the primary frontage of the building may be open during hours of Entertainment until 10:00 p.m. After 10:00 p.m. all exterior windows must be closed, except in the case of emergencies. Exceptions to this requirement may be considered as part of a conditional use permit based on the business location, building design, business operations, and outdoor Entertainment.
L. Conditional Use Permit Required for Extended Hours of Entertainment 19 Application of a conditional use permit shall be required when the following Entertainment request are made:
1. Entertainment is requested beyond 10:00 p.m.;
2. Outdoor Entertainment is proposed after 8:00 p.m.;
3. The Planning and Community Preservation Director, or their designee, determines that the request for an Entertainment Permit may create significant impacts and shall require the request to be reviewed by the Planning Commission.
M. Public Hearing
All conditional use permit applications shall be processed pursuant to the requirements of Chapter 17.38 Conditional Use Permits.
N. Conditional Use Permit Entertainment Permit Application Fee At the time of submittal of the Entertainment Permit Application that requires a Conditional Use Permit, a nonrefundable fee as established by the City’s Fee Schedule shall be paid to defray the cost of review, investigation, report, and inspections required by this section.
The submission of an application for a Conditional Use Permit associated with an Entertainment Permit does not authorize the Entertainment requiring the issuance of the Conditional Use Permit until the Conditional Use Permit has been granted by the Planning Commission. This provision does not prevent an applicant from applying for and receiving an Entertainment Permit allowing Entertainment that does not require a Conditional Use Permit while the sections of their Entertainment Permit request that requires a Conditional Use Permit are reviewed. The fees established in this section are in addition to the City's business tax and any other license or permit fee imposed by this Code upon the permittee.
O. Conditional Use Permit Entertainment Permit Application Materials The applicant shall submit the conditional use permit application along with the following information:
1. Detailed and fully dimensioned site plan;
2. Floor plan identifying Entertainment areas;
3. Proposed hours of operation and days of the week;
4. Occupancy load;
5. Detailed description of Entertainment activities;
6. Detailed Operational Standards
7. Detailed Security Plan.
8. Detailed Patron Management Plan
P. Conditional Use Permit Entertainment Permit Baseline Conditions The Planning Commission, at their discretion, in consultation with other departments, may require additional conditions of approval on a Entertainment Permit based on the specific location and operational characteristics of the business. These requirements do not 20 modify or limit in any way the authority to enforce the requirements found in this ordinance against any person, or of the Chief of Police, Fire Marshal, Building Official or Neighborhood Preservation Manager to immediately take action in the event of an imminent threat to public health or safety.
The following baseline conditions as found in Chapter 17.32.155.K shall be applicable to all businesses with an Entertainment Permit with the exception of the following:
1. Time Restrictions. Businesses shall not conduct Entertainment regulated under this code section between the hours of 1:30 a.m. through 11:00 a.m. The time restrictions may be further limited by an applicable conditional use permit or an Entertainment Permit.
Q. Entertainment Permits nontransferable
No Entertainment Permit may be sold, transferred or assigned by a permittee, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such permit and such permit shall thereafter be null and void.
H. Permit Suspension or Revocation
Any Entertainment Permit issued pursuant to this section may be suspended or revoked upon finding:
1. Violation of permit conditions;
2. Repeated violations of law;
3. Failure to maintain required security measures;
4. Creation of a public nuisance;
5. False information provided in an application.
I. Appeals
Administrative decisions under this section may be appealed to the Planning Commission. The deadline for an appeal to be made is ten (10) days after the written notice of the decision by the City is provided to the applicant. Planning Commission decisions may be appealed to the City Council pursuant to the procedures established in this Title.
The decision of the Planning Commission on a conditional use permit shall be subject to the appeal provisions of Section 17.02.145.
21
USE C-N C-R C-S C-MU D-MU O-PA O-C BRP I-L I
17.08 A1 Farmers’ Market P P
A2 Greenhouses (commercial growers) P
A3 Raising of Field, Truck or Orchard Crop & Horticultural Specialties P P P P A4 Riding Academies/Stables C C
A5 Roadside Stands Selling Produce Grown on Site T T T T T T T T T T A6 Animal Day Care Facility P C P P C
A7 Animal Shelters/Humane Societies C C
A8 Auto Leasing/Renting P C C
A9 Auto Dismantling/Wrecking/Salvage Yards C 17.32.070
A10 Auto Machine Shops P P
A11 Auto Oil, Lube & Smog Test Shops C C P P C
A12 Auto Repairs, Major-Overhauling, Rebuilding, Painting C P C C A13 Automotive Supplies, Parts & Accessories C P P P P
A14 Automotive Upholsterers P
A15 Boat Sales/Service P
A16 Car Washing - self service C C P C C
A17 Car Washing - automated - Meeting All Standards in Section 17.32.168 C P P P C C 17.32.168 A18 Car Washing - automated - Not Meeting All Standards in Section 17.32.168 C C C C C C 17.32.168 A19 Car Sales – New & Used, More than four (4) vehicles on display P C A20 Car Sales – New & Used, one (1) to four (4) vehicles on display P P P P A21 Motorcycles, Sales and Service P
A22 RV/Boat Storage Yards P P
A23 Recreational Vehicle Sales and Service P P
A24 Tire Sales & Service (excluding major repairs) – stand alone C P P P C A25 Tire Sales & Service (excluding major repairs) – located within the primary permitted use on the site P P P A26 Towing/Road Service P P
A27 Truck/Trailer Sales and/or Service P C
A28 Truck Rental/Leasing P
B1 Stand-Alone Automatic Teller (ATM) P P P P P P P P P P B2 Office P P P P P P P
B3 Traditional C C 17.32.150
B4 Inns C C 17.32.150
B5 Boarding/Rooming Houses C
Commercial, Mixed Use, Office, and Industrial Zones Use Matrix P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit Blank = Use is Not Allowed Commercial and Mixed Use Zones Office Zones Industrial Zones Special Use
Standards (See
identified Chapter
or Section)
BED & BREAKFAST ACCOMMODATIONS
BUS DEPOTS
A
AGRICULTURAL - FARMING
AUDITORIUMS (see THEATERS)
AUTOMOTIVE (for gas stations see SERVICE STATIONS)
B
BANKS & FINANCIAL INSTITUTIONS
B6 Station (passenger services) C C C
B7 Repair Yard & Shops P P P
B8 Public & Private Transfer Point C C C C C C C
C1 Catering Services P P P P P
C2 Cemeteries & Mausoleums 17.52
C3 Christmas Tree Sales Lots/Other Seasonal Commercial Uses/Special Events T T T T T C4 Up to 200 Seats C C C C C C
C5 More than 200 Seats C C C
C6 Communications Equipment Building C P P C C C P P
C7 Media Studio P P P P
C8 Radio and TV Broadcasting Studios – with antenna off-site P P P P C P P C9 Radio and TV Broadcasting Studios – with antenna on-site C C P P C10 Wireless telecommunication facilities – more than 100 feet away from property planned/zoned residential C C C C C C C P P 17.32.163
C11 Wireless telecommunication facilities – within 100-ft of property planned/zoned residential C C C C C C C C 17.32.163 D1 Adult – 12 or fewer adults P P P P P P P P P P
D2 Adult – 13 or more adults C C C C C C C C C C
D3 Children– 14 or fewer P P P P P P P P P P
D4 Children – 15 or more C C C C C C C C C C
D5 In Conjunction with Primary Use P P P P P P P P P
DRIVE-THRU LANES
D6 Drive-Thru Lanes Meeting All Standards in Sect. 17.32.162 P P P P P P 17.32.162 D7 Drive-Thru Lanes Not Meeting All Standards in Sect. 17.32.162 C C C C C P 17.32.162 D8 Drive-Thru Lanes in Industrial Zone P P 17.32.161
E1 Bars/Taverns– within 300 feet of any residence/public use C C C Bars/Taverns – not within 300 feet of any residence/
public use
E3 Micro-breweries/micro-wineries (with or without restaurants) C P C C C C C C 17.63 Micro-breweries/micro-wineries (with or without restaurants) (with or without entertainment) C P C C C C C C E4 Craft distilleries P C C C C
Craft distilleries
Permitted
in 17.63 Overlay
District
E5 Cafeterias P P P P P C P C C
E6 Quick Service/Fast Food Restaurants P P P P P C P
See Lines D8 and D9
of Table 17.25.030 for
Drive-thru lane zoning
requirements.
E7 Quick Service/Fast Food Restaurants (Industrial Zone) P P 17.32.161 E8 Live Entertainment C C C 17.04
Entertainment till 10:00 P.M. P P P
Entertainment past 10:00 P.M. C C C
E9 Sit-Down Restaurant/Café P P P P P P P P P
E10 EVENT CENTERS C C C C
C
CHURCHES & OTHER RELIGIOUS INSTITUTIONS
COMMUNICATIONS
D
DAYCARE, LICENSED
E
EATING & DRINKING ESTABLISHMENTS
E2 P C
F1 Florist P P P P P C
F2 Fortunetelling/Palm Reader P 5.2
F3 Propane/Butane P P P
F4 Propane/Butane (maximum 2000 gallons) P P
F5 Propane/Butane within 50 feet of Planned/zoned Residential C C C F6 Propane/Butane within 50 feet of Planned/zoned Residential (maximum 2000 gallons) C C F7 Above Ground Tanks dispensing Class I, II, and III-A liquids– within 100 feet of a residential use or residential zoned property C C C C C C C C 17.32.025
F8 Above Ground Tanks dispensing Class I, II, and III-A liquids– more than 100 feet from a residential use or residential zoned property P P P P P P P P 17.32.025 F9 Pump & Underground Storage Tank – 500 gallons or less P P F10 Pump & Underground Storage Tank – more than 500 gallons P P F11 Petroleum & Petroleum Products Storage C C
Public Fuel Dispensing (see Service Stations)
F12 Funeral Home/Mortuary C C C C
G1 Galleries– Art/Photography/Crafts P P P P P
H1 Home Occupation Businesses P P P P P P P P P P 17.32.030
HOTELS AND MOTELS
H2 Hotels and Motels, located 250 feet or more from an existing residence P P C P C H3 Hotels and Motels, located less than 250 feet from an existing residence C C C C C K1 Kennels (located 500 feet or more from a residential zone) P C P P L1 Dry Cleaners (cleaning plant) P P P P P P
L2 Dry Cleaners (cleaning plant including carpet/rug cleaning and dyeing) P P P L3 Diaper Supply Service P P P
L4 Linen & Uniform Supply Service P P P
L5 Self service P P P P P
Building & Construction Trade
M1 – building materials yards (storage & distribution) P P P M2 – cabinetmaker/carpenter shops P P P
M3 – concrete & ready-mix manufacture & distribution C C M4 – contractor’s equipment storage yards P P P
M5 – drilling/dredging/ditching service P P
M6 – sheet metal shop P P
Chemical Products, except as more specifically described below (manufacturing, blending, compounding, packaging, bottling)
M7 – laboratories (i.e., organic/inorganic) P P P
M8 – paint, dye & glue manufacturers C P
M9 – pharmaceuticals C C P P
M10 – manufacture of raw plastic materials, colorants, liquids, powders, resins C P M11 – soap detergent & other cleaning preparations C P
Food & Beverage – Preparation & Bottling/Packaging & Distribution F
FUEL STORAGE
G
H
I
J
K
L
LAUNDRY/DRY CLEANERS
M
MANUFACTURING/ASSEMBLING
M12 – animal & marine fats & oils (refining & rendering) C M13 – beer & ale distributors P P P
M14 – breweries and wineries producing 60,000 barrels or less per year P P M15 – breweries and wineries producing more than 60,000 barrels per year C M16 – commercial bakeries P C P P
M17 – commercial kitchens C C P C C P P
M18 – dairy products processing & packaging C C
M19 – fruit & vegetable brokers & shippers P P
M20 – grain, feed & flour mills P
M21 – ice manufacturers & storage P P P
M22 – meat & poultry product processing including butchering/slaughtering C M23 – meat and food locker, packaging P P P
M24 – nut processing (dehydrating, hulling & drying) P
M25 – packaging of previously prepared food items P P P P P M26 – processing, canning & packing food products P
M27 – refinery for food products, i.e. sugar C
M28 – snack food preparation, packaging P P
M29 – beverage distribution P P
M30 – beverage manufacturing C
M31 – vegetable oil mills P
M32 Flammable/Combustible Liquids C 13.32.027
M33 Heavy Equipment/Machine Manufacturing (i.e., agricultural equipment, aircraft equipment parts & supplies, large appliances, auto/truck manufacturing, industrial machinery) C M34 Kiln works for clay and pottery products P P
M35 Light Manufacturing/Assembly (i.e., computer hardware & parts, electric supplies, consumer goods, etc.) C P P
M36 Hobby/Craft Manufacturing P P P
M37 Prototype Manufacturing, non-production scale, Makerspace C P P Printing & Publishing Industry
M38 – desktop, blueprint & photocopy P P P P P
M39 – publishing, printing &/or binding (newspapers, magazines, brochures, books, etc.) P P P P Products Manufactured/Assembled from Previously Prepared Materials M40 – manufacture of paper & plastic packaging & cartons C P P M41 – clothing assembly/imprinting P P P P P
M42 – metal fabrication & die cutting P P P
M43 – rubber & plastic product manufacturing C P
M44 – textile mills (dyeing, weaving, knitting, cutting) P M45 – packaging/distribution of prepared materials (non-food items) P P P M46 Raw Materials Manufacture C 17.04
M47 Stone mills/monument yards C P
Trucking, Warehousing, and Internet Fulfillment Centers M48 – combined office/warehouse-type buildings (not exceeding 25% of total building area) P P P
17.32.167,
5.66,
8.64 M50 – general warehousing & storage P P P
M51 – local bus charter P P
M52 – moving companies/trucking/storage P P P
M53 – refrigerated warehouses/storage P P P
M54 – school bus yards P P
M55 – trucking & freight forwarding terminal C P P
M49 Delivery only medical marijuana retail P P
M56 Massage Therapist C C C C C C (emergency
ordinance)
M57 Hospitals, Acute Care (general medical/surgical) C C M58 Ambulance Services/Medical Transport C C C C C C
M59 Convalescent Hospitals/Senior Care Facilities/Nursing Homes C C C M60 Clinics C P P C P C C
M61 Dialysis Centers and Blood Donation Centers C C P C C C M62 Laboratories (medical testing & diagnostic) P C C P M63 Medical Equipment/supplies (oxygen, prosthetics, walkers, etc.) P P P P P M64 Psychiatric Hospitals, including Treatment or Substance Abuse C M65 Rehabilitation Hospitals C C C
M66 Museums P P P
General Business and Professional (i.e., data processing services, employment agencies, insurance agencies, etc.)
O1 – less than 2,000 sq. ft. P P P P P P P P
O2 – 2,000 sq. ft. to 6,000 sq. ft. C P C P P P P P
O3 – more than 6,000 sq. ft. C C C P P P P P
O4 – up to 25% of total leased area for center P P P P P O5 – more than 25% of total leased area for center C C C C C O6 Medical P P P P P P P
O7 Professional office with social services C C P C P C O8 Offices Associated with Industrial Uses (not exceeding 25% of total building area) P P P P P1 Parcel Delivery Services/Parcel Distribution (UPS, Federal Express, etc.) P P C P P P2 Parking Facilities For Off-Site Uses C P P C C C C C 17.34.060 P3 Park & Ride C C C P P
P4 Stand Alone P P P P P P P
P5 Located within the Primary Permitted Use on the Site P P P P P P P P6 Tattooist P P P P P P P
P7 With Printing Press P P C C C P P
P8 Without Printing Press P P P P P P P P P
P9 Photography Studio P P C P P C P
P10 Photography Labs/Blue Printing/Microfilming (developing, printing – no retail on site) P P C C P P P11 Photography labs (developing, printing – no retail on site) P P C P P P12 Photography Labs with Retail on Site P P P P P
P13 Planned Unit Developments C C C C C C C C C C 17.26 P14 Private Clubs and Lodges C C C 17.32.115
P15 Private Postal Service (Mail Boxes, Mailing Service) (See Also Parcel Delivery Services) P P P P16 Community & Recreation Centers C C C
P17 Community Gardens C C C
P18 Fire Stations C P P P P P C P P
P19 Police Stations & Substations C P P P P P P P P
P20 Post Offices P P P
P21 Public Buildings, Offices & Grounds C P C P C C
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES) N
PHOTOGRAPHY/PHOTO SERVICES
PUBLIC COMMUNITY SERVICES
O
OFFICES
P
PERSONAL SERVICES
PHOTOCOPY SERVICES/DESKTOP PUBLISHING
P22 Public Libraries C C P C C
P23 Public Parks/Playgrounds C C C P
P24 Post Office Substations C P P P P P P
RAILROADS
R1 Freight Stations, Repair & Yards C C
R2 Passenger Stations C
R3 Athletic and Health Clubs (gymnasiums, fitness centers, racquet clubs) P P P C C C R4 Athletic and Health Clubs (gymnasiums, fitness centers, racquet clubs) less than 5,000 sq. ft. P P P P P P P P R5 Aquatic Centers C C C C C C
R6 Athletic/Playing Fields C
R7 Bowling Alleys P P C
R8 Circus, Carnivals, Fairs & Festivals, Revivals/Assemblies T T T T T T R9 Dance, Yoga & Music Studios P P P P P P P P
R10 Escape Rooms P P P P C
R11 Martial Arts P P P P P P P P
R12 Golf Courses & Driving Ranges C
R13 Miniature Golf Courses C C
R14 Ice & Roller Skating Rinks P P
R15 Indoor Playgrounds and Trampoline Parks P P P C
R16 Indoor Amusement Facilities P C C
R17 Pool Halls/Billiard Parlors P P P C
R18 Video Machines/Coin-Operated Games – 1 to 4 machines P P P P P 17.32.120 R19 Video Arcade P P P P 17.32.120
R20 Other Recreational Facilities C C C C C C C
R21 Rifle and Pistol Range, indoor C C C C C C C C
R22 Heavy Processing C C P 17.32.160
R23 Light Processing C P P 17.32.160
R24 Large Collection C P P 17.32.160
R25 Small Collection C C C C P P 17.32.160
R26 Reverse Vending Machines P P P P P P P P 17.32.160
R27 Household Hazardous Waste Collection Center P P 17.32.160 R28 Residential Units, New or Expansions, which may or may not be associated with a commercial activity C C C C C C C C C C
17.32.164
R30 Existing single-family dwelling P P P P
R31 Group/Foster Homes, Licensed – 1 - 6 individuals in addition to residing family C R32 Group/Foster Homes, Licensed – more than 6 individuals in addition to residing family C R33 Emergency Shelters P 17.32.130
R34 Emergency/Temporary Housing C C C
R35 Single Room Occupancy (SRO) units C
R36 CUP P P P P P P P C C C
17.32.135
* In Micro-brewery /
Micro-winery Overlay
District Only
R29
Q
R
RECREATION FACILITIES
RECYCLING FACILITIES
RESIDENTIAL (see also Residential Zones)
Residential Units, including units for senior citizens, as a mixed use in an existing building containing one or more commercial or office uses P* P P
*If meeting criteria
stated in Cal. GC
Sections 65660 -
65668
R38 Transitional Housing and Supportive Housing as those terms are defined in Section 17.04.030 C C C P*/C P*/C C C C C C *If meeting criteria
stated in Cal. GC
Sections 65660 -
65668
R39 Senior Citizen Residential Developments C C C C C C C C C C R40 Accessory Dwelling Units C C C C C C C C C C 17.12 Article 2 R41 Employee Housing C C C C C C C C C C
General Merchandise
R42 – less than 4,000 sq. ft. P P P P C
R43 – 4,000 to 6,000 sq. ft. P P P P
R44 – 6,001 to 40,000 sq. ft. C P P P
R45 – 40,001 to 60,000 sq. ft. P P C 17.32.050
R46 – over 60,000 sq. ft. P C C
Building/
Landscape Materials
R47 – Lumberyards; fencing stores/yards P P
R48 Garden Centers/Nurseries – located within primary use P P P P R49 Garden Centers/Nurseries – stand alone C P C P
R50 Glass Stores (windows, etc. for auto, residential, commercial) P P R51 Home Improvement P P P P P
Drugstore/Pharmacy
17.32.050
17.32.055
R53 – not including general retail merchandise, 1,500 sq. ft. or more P P P P P P R54 – not including general retail merchandise, up to 1,500 sq. ft. P P P P R55 Farm Equipment Sales P P
R56 Feed Stores P C
Food Stores
R57 – convenience store P P C P P C C C
R58 – liquor store within 300 feet of residential/public use C C C R59 – liquor store not within 300 feet of residential/public use C C C P In C-R zone, 5,000
sq. ft. minimum
building area in per
Ordinance 2012-08
R60 – specialty food stores (bakery, delicatessen, butcher shop, meat market, health food, gourmet/imported food, etc.) P P P P C C 17.32.050
R61 – supermarkets/grocery stores P P P 17.32.050
R62 – wine tasting with sales C P C C C C C C
R63 Furniture & Furnishings – new P P P P
R64 Furniture & Furnishings– secondhand *up to 10,000 square feet P P P P P R65 Gun Shops – within primary use P P P P
R66 Gun Shops – stand alone P P P
Magazine/Newspaper Sales (Freestanding Booth/Stand/
Kiosk)
R67 – indoor C P P P P P P
R68 – outdoor C C C C C C C
R69 Pawnshops C C
R70 Pet Stores P P P P 17.32.050
C C
RETAIL
R52 – including general retail merchandise P P P
R37 Low Barrier Navigation Centers C C C P*/C P*/C C C C P C
R71 Pool/Spa Supplies/Equipment P P P P P P 17.32.050
R72 Smoke Shops (retail of cigarettes and smoke devices/paraphernalia) C C 17.32.165 S1 Preschool/After-School Care C C C C C
S2 Elementary Schools, K-6 or K-8 C C C C C C
S3 Middle Schools C C C C C C
S4 High Schools C C C C C C
S5 Colleges/Universities (academic) C C C C
S6 Vocational or other Specialized Schools - Non-industrial trades C C C C P P P S7 Vocational or other Specialized Schools - Industrial trades C P C C C P P P S8 After Hours Academic Education Facilities (After 6:00 p.m.) C C C P P S9 Tutoring Centers P C P P P
S10 Air Conditioning Shops P P
S11 Appliance, Electrical Equipment, Tools (disassemble & repair) P P P P S12 Check-Cashing Service P P P P
S13 Chemical Stripping/Powder Coating P P P
S14 Chrome & Anodizinig Shops P P P
S15 Courier Services P P P C P
S16 Auction House C C
S17 Bail Bonds P P P
S18 Equipment Rental – conducted outdoors P C P
S19 Equipment Rental – conducted indoors P P P P P
S20 Exterminators/Fumigators P P
S21 Gunsmith Shops, including incidental retail P P C P S22 Heavy Machinery and Equipment (welding, cutting, grinding, casting, etc.) P P P S23 Janitorial Service P
S24 Lawn Maintenance & Tree Trimming P P
S25 Locksmiths P P P P P
S26 Other Household & Maintenance Services P C
S27 Pet Grooming/Dog Training (conducted indoors) P P P P P S28 Repair Shops (tools, non-automotive, mechanical equipment) P P S29 Sharpening Service – tools, knives, saw blades, lawn mowers, etc. P P S30 Sharpening Service – small tools not including saw blades and lawn mowers P P P P S31 Sheltered Workshops C P C C P
S32 Shoe Repair Shops P P P P P
S33 Sign Painting & Fabrication P P
S34 Taxidermists P P
S35 Tailor, Dressmaking, & Alterations P P P P P
S36 Upholstering Shops (furniture only) P P P
S37 Upholstering Shops – Showroom with minimum 35% of gross receipts to be retail sales C S38 Fuel dispensing only – not including major auto repair services of any kind C C P C C C P S39 Also including major auto repair services C P C C
S40 Also including light servicing of trucks P C
S41 Storage Tanks, Non-Fuel P P
S42 Swap meets C
T1 Taxi/Limousine Service P P P P
S
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones)
SERVICE, COMMERCIAL
SERVICE STATIONS
T
THEATERS
T2 Auditoriums C C
T3 Drive-in C
T4 Movie C C C
T5 Live Performance C C P
U1 Unenclosed Solid Waste Transfer Stations C
U2 Battery Energy Storage System C
U3 Business Offices P P P P P P
U4 Electric Distribution Substations C C C C C C C C P
U5 Elevated Pressure Tanks C C P P C C P P
U6 Gas Regulator Stations C C P C C C C P P
U7 Public Service Pumping Stations C C P C C C P P
U8 Payment Centers P P P P P P
U9 Public Utility Service Yards P C P
V1 Animal Hospitals (no boarding) P C P P C P P
V2 Animal Hospitals (including short term boarding of animals) C C C P P W1 Wholesale Commercial Establishment P P
W2 – primary use P P
W3 – not to exceed 20% of gross floor area of permitted use P P P P P P P P W4 – in excess of 20% of gross floor area of permitted use C C C C C C P C W5 Mini Storage Facilities P C P C
OT1 Other Uses Similar in Nature and Intensity as Determined by the City Planner P P P P P P P P P P OT2 Other Uses Similar in Nature and Intensity as Determined by the City Planner Subject to the Granting of a Conditional Use Permit C C C C C C C C C C
Z
OTHER
V
VETERINARY SERVICES
W
WAREHOUSING STORAGE
X
Y
U
UTILITIES
Review Visalia Municipal Code (VMC)
Chapter 17.32.155;
1 2
3 4
5 6
7 8
9 THIS PERMIT IS NON-TRANSFERABLE
For further questions, contact the Planning Division:
Telephone: (559) 713-4359 Email: [email protected]
No Entertainment Permit may be sold, transferred or assigned by a permitee, to any other person or persons.
All fees are non-refundable.
Complete applications and all required documents may be submitted via PDF emailed to: [email protected]
or on a flash drive in-person at the counter.
A. No person shall carry on, maintain or conduct any entertainment in the City without first obtaining an entertainment permit. (SEE EXEMPTIONS UNDER 17.32.155.D).
B. Any person desiring to obtain an Entertainment Permit shall submit an application to the Planning Division, with additional required information, and a non-refundable application fee.
Submit items #4-9 along with the completed application. Application processing may take up to 30 days.
Once the application has been approved, the Entertainment Permit will be issued.
THE FOLLOWING MUST BE COMPLETED TO OBTAIN AN ENTERTAINMENT PERMIT WITHIN THE CITY OF VISALIA:
PLANNING & COMMUNITY PRESERVATION DEPARTMENT
WWW.VISALIA.GOV 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93291
ENTERTAINMENT PERMIT APPLICATION
INFORMATION SHEET
GENERAL INFORMATION
The City of Visalia Municipal Code 17.32.155 has the following Entertainment Permit requirements:
Application: Completed in full (Including
Notarized Agency Authorization);
Visalia Business Tax License (Copy of
current license)
Detailed and fully dimensioned site plan;
Floor plan identifying entertainment
areas;
Proposed hours of operation and days
of the week;
Occupany load;
Detailed description of entertainment
activities;
Security Plan
31 ENTERTAINMENT PERMIT APPLICATION
SECTION A - ENTERTAINMENT TYPE
SECTION B - BUSINESS INFORMATION
(CHECK ALL THAT APPLY)
Mailing Address:
Business Site Address:
Business Name (DBA):
Taxpayer Identification Number:
Entertainment with Dancing (Bar)
Entertainment with Dancing (Restaurant)
Karaoke/Open Mike
Pool/Billiard Hall
Corporation
Applicant Name (Legal Ownership Structure):
Taxpayer Identification Number Type:
Place and Date of Filing of DBA:
Secretary of State of Registration Entity ID (If Applicable):
Applicant/Business Phone: Applicant/Business Email Address:
General Partnership
Sole Proprietorship
Entertainment without Dancing (Bar)
Entertainment without Dancing (Restaurant)
Social Club
Other:
4 SSN/TIN EIN NIN
Limited Partnership Limited Liability Partnership (LLP) Limited Liability Company (LLC)
Upon receipt of the completed application, the Planning and Community Preservation Director, or their designee, in consultation with other applicable city departments, shall review the application within 30 days of submittal.
PLANNING & COMMUNITY PRESERVATION DEPARTMENT
WWW.VISALIA.GOV 559-713-4359 315 E ACEQUIA AVE, VISALIA, CA 93291 Site Plan Review (SPR) is required prior to application submission. Please provide the following:
32 SECTION C - OWNER(S) INFORMATION
(ATTACH ADDITIONAL PAGES IF NECESSARY)
Last Name:
Last Name:
Last Name:
Phone:
Business
Title:
Phone:
Business
Title:
Phone:
Business
Title:
Date of Birth:
Date of Birth:
Date of Birth:
Home Address:
Home Address:
Home Address:
Government Issued ID Number:
Government Issued ID Number:
Government Issued ID Number:
First Name:
First Name:
First Name:
Issuing State:
Issuing State:
Issuing State:
Place of Birth:
Place of Birth:
Place of Birth:
Email:
Percentage Owned:
Email:
Percentage Owned:
Email:
Percentage Owned:
5 33
SECTION D - OWNER DISCLOSURES
SECTION E - PROPERTY INFORMATION
SECTION F - GENERAL OPERATING CONDITIONS
1.Will liquor be sold on the premises?
LICENSE TYPE ALCOHOL BEVERAGE
CONTROL LICENSE NO.
2.Is food being sold on the premises?
If "Yes," list types of food sold:
Is the business located in the Downtown Mixed Use (D-MU) zone? Yes Is the location: Owned? Yes No Rented/Leased Yes
If rented/leased, provide the name and contact information of the property owner(s) below.
Property Owner Name:
Property Owner Phone:
Property Owner Email Address:
1.Has any owner ever been convicted of a misdemeanor involving moral turpitude, or entered into a plea of guilty or nolo contendere to, any felony in the United States or a foreign country within the past 5 years?
2.Has any owner ever had a City of Visalia Permit suspended or revoked? If you answered “Yes” to any of the questions above, please provide a written statement detailing the date(s) and circumstances of such convictions, pleas of guilty or nolo contendere, sanctions, fines, denials, suspensions, or revocations, including, but not limited to, specific offenses and/or violations, agency involved, name of any business names, and account numbers.
PREMISE TYPE
(CLUB, RESTAURANT, OR COMMERCIAL STORE)
(ATTACH ADDITIONAL PAGES IF NECESSARY)
Yes
Yes
No
No
No
No
YES NO
ALCOHOL/FOOD/ADDITIONAL BUSINESSES
6 On Sale Beer and Wine
On Sale Distilled Spirits
On Sale Beer
3.Has any owner ever been denied a business license by the City of Visalia? 34 Open
AM/PM
Close
AM/PM
10.Will minors be allowed on the premises?
11.Will the premises be open to the general public?
12.Will a “Cover Charge” be charged?
If yes, describe the cover charge schedule:
3.Is a bonafide-eating place provided on the premises?
4.Are non-alcoholic beverages sold?
5.How many tables for seating?
6.Are other types of businesses conducted on the premises? If "Yes," list type(s):
14.Will guests of members pay an admission fee or other charges? If yes, describe the fee schedule and other charges:
13.Is there a private area for exclusive use of members and their guests only? If yes, types of membership fees:
7.Are pool tables provided? If "Yes," indicate how many: Yes If your business has more than two (2), provide a copy of the Pool Hall Permit with this application.
8.Is VIP/Bottle service provided?
9.What is the occupancy for establishment set by Fire Marshall? Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
No
No
No
No
No
No
No
No
No
7 (Bonafide eating place means a place which is regularly used for serving meals for compensation, which has suitable kitchen facilities containing conveniences for cooking an assortment of foods for ordinary meals other than fast foods, sandwiches or salads. The kitchen must contain proper refrigeration for food and must comply with all applicable regulations of the Health and Human Services Department.)
HOURS OF OPERATION
ADMISSION AND/OR MEMBERSHIP FEES
DAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 35 SECURITY
PROXIMITY OF BUSINESSES AND RESIDENCES
Open
AM/PM
Close
AM/PM
*Attach additional pages if necessary
15. Are there surrounding businesses?
If yes, what type(s)?
18. Days and hours parking facility will be available:
16. Are there surrounding residences?
If yes, approximately how close? (How many feet away?):
17. Is parking available?
If yes, how many parking spaces?
If no, what is the street address of the off-premises parking facility?
19. Will security guards be provided?
If yes, number of security guards?
20. If applicable, provide Proprietary Security Employer License (PSE) number:
EMPLOYEE NAME
PARKING FACILITIES AND ARRANGEMENTS
Yes
Yes
Yes
Yes
PSO LICENSE #
No
No
No
No
DAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 8 21. Provide list of Proprietary Security Officer (PSO) employees 36 22. Days and hours security guards or other security will be provided (fill out completely) Open
AM/PM
Open
AM/PM
23. Will a private security firm be used?
If yes, provide the following information of the contracted security firm:
Yes
Firm Name: City of Visalia Business License No:
Address:
Phone: Email:
24. Provide a list of all members with access to the surveillance camera system to be used.
Employee Name(s) with access to surveillance camera system:
25. Provide a detailed description of the security plan for the proposed business during the scheduled hours of entertainment (Attach additional pages if necessary):
DAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY No
9 37
SECTION G - PROPOSED ENTERTAINMENT ACTIVITIES & SCHEDULE Entertainment - Restaurant Entertainment - Tavern (Bar)
PROPOSED ENTERTAINMENT SCHEDULE
Entertainment - Other
YES NO
Open
AM/PM
Close
AM/PM
Describe entertainment by performers:
Dance Floor?
Stage?
Describe floor material and surface type:
Outdoor Entertainment?
Dancing by patrons, guests, customers, participants, attendees? Dancing by performers?
Live music by more than two (2) performers?
Amplified music (recorded)?
Disc Jockey?
Karaoke?
Adult-Oriented Business as defined by VMC Section 5.64 and 17.62? Trivia, Bingo or other type of game-type entertainment? Will the establishment serve as a pool/billiard hall ?
Any other type of entertainment not listed above?
If yes, briefly describe the entertainment activity:
L_____ x W_____=_____sq ft
L_____x W_____=_____sq ft
10 If yes, provide dimensions of dance floor:
If yes, provide dimensions of stage:
Please provide the days and times of the week that you would like to have entertainment at your establishment.
Please fill out completely. If you do not wish to have entertainment on a certain day, mark N/A.
PROPOSED ENTERTAINMENT ACTIVITY
DAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY Yes No
Yes No
38 SECTION H - DECLARATIONS
1. 11
I hereby declare that I am authorized to submit this application on behalf of the entity or individual listed on the application because I am an owner of the entity, I have authority from the owner or am the owner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
2. 3.
4. 5.
6. 7.
8. 9.
I consent for the City of Visalia, by and through its appropriate officers, agents, and employees to verify and confirm the information contained in this application, and to conduct such other investigations as maybe reasonably required by the City of Visalia, its officers, agents, and employees for the purpose of determining the capability, fitness, and capacity of the applicant to obtain the Entertainment Permit.
All changes to operations require Planning Division notice within 10 business days.
The granting of an Entertainment Permit does not relieve the applicant from obtaining all appropriate approvals required by the City of Visalia, State, or Federal law. The granting of a permit does not relieve a permittee's obligation to comply with all applicable Local, State, and Federal laws, including those related to building, zoning, fire, and other public safety regulations. The granting of an Entertainment Permit does not vest any development rights in the property or business (VMC).
Print Name:
Print Name:
Applicant’s Signature:
Applicant’s Signature:
Date:
Date:
I acknowledge that any false, misleading, or fraudulent statement of material fact in this application by an agent of an owner, or an owner, will be held against the owner and is grounds for denial of this application, or suspension or revocation of the permit associated with this application.
I hereby declare that I have conducted my own research and investigation regarding the compliance of the proposed location with state and local laws, including, but not limited to, location requirements, zoning regulations, and address requirements. I further declare that the proposed location of the Entertainment Permit fully complies with applicable state and local law.
I hereby declare that I have read and understand all the laws, rules and regulations, and policies and procedures associated with this application; and that I fully understand the nature, meaning, and content of such laws, rules, and policies. I warrant and represent that I will adhere to all laws, rules, and policies, to during the application process and after a permit is issued by the City.
I acknowledge the City will review this application for compliance with applicable laws, regulations, and ordinances, and that this application may be denied as allowed by laws, rule, or policies of the City.
I acknowledge that any promise, representation, or any other statement made to me by any agent or employee of the City that is not contained within this application is null, void, and unenforceable and that I am not relying on any such promise, representation, or statement.
I acknowledge that this application does not confer an entitlement or a vested right to receive a permit, and I acknowledge that I must follow all rules and procedures to obtain a permit prior to operating or otherwise claiming that I have any such right to a permit or to operate.
I hereby declare that I have read this acknowledgement and advisement, that I have had the opportunity to consult with, and be represented by, legal counsel of my own choice prior to the execution and submission of this application, and that I am knowingly and voluntarily submitting this application in compliance with this acknowledgement and advisement and all applicable laws.
I understand, acknowledge, consent and agree that with the issuance of the Entertainment Permit any Conditional Use Permit for the premises is and will be deemed voided as for the entertainment only.
10. 11.
12. 39
Executed this day of, ,year
Owner Mailing Address (continued)
APPLICANT
Applicant Email Applicant Telephone Signature of Applicant Applicant Mailing Address Applicant Mailing Address (continued) Located at the following address or location:
I, , declare as follows:
Owner’s Name - Print
I am the owner of certain real property bearing assessor’s parcel number (APN):
, to act as my duly authorized agent for all purposes
Applicant’s Name - Print
Signatures (MUST BE NOTARIZED) Attach acknowledgement by Notary Public:
AGENCY AUTHORIZATION
Owner’s Signature MUST be Notarized
Attach acknowledgement of signature(s),by Notary Public Property Owner:
Applicant:
I designate
necessary to file an application for, and obtain a: City of Visalia Entertainment Permit relative to the property mentioned herein. I declare under penalty of perjury the foregoing is true and correct.
OWNER
Owner Email Owner Telephone Signature of Owner Owner Mailing Address 40
SECTION I - APPLICATION ATTACHMENTS
THESE ADDITIONAL REQUIREMENTS MAY BE APPLICABLE:
ALL APPLICATIONS
Electrical plan check and permit may be
required for exit path illumination.
Handicapped requirements may apply.
All Fire Department approvals to be obtained.
For more information, please contact the Planning and Community Preservation Department at [email protected] or (559) 713-4359
STAFF
ONLY
Copy of your Statement of Information
Copy of CA Seller's Permit
Copy of Alcoholic Beverage Control License with conditions Copy of Fictitious Business Name Filing, if applicable Property Agency Authorization of Entertainment Activities
Copy of Business Owner's City of Visalia Business Tax License Interior Floor Plan to include:
A. Dimensions of interior floor plan
B. Location inside the establishment where entertainment activities will be taking place C. Indicate locations of all exit doors, include widths of doors, and panichardware D. All fixed seating throughout
E. Dance floor dimensions and type of flooring materials used F. If a stage is to be added, give exact measurements including height, location, and materials used
Parking Agreement/Parking Plan
(If using a parking facility that is not part of the business premises) If you have any questions as to your occupant load, or if your business will change because of a change in use from a B occupancy with an occupant load less than fifty (50) persons to an A occupancy, (usually an A-3) fifty (50) persons or more but less than 300, a floor plan with the above requirements must be submitted to the Building Department, Senior Plans Examiner.
12 (If the applicant is the owner of the property, include a copy of the Title or Deed to the property) 1 2
3 41
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Entertainment
Ordinance - Draft
City Council – Work Session
August 17, 2026
Planning Division
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SUMMARY
In December 2025, Planning Division provided an overview of current live entertainment process.
Staff discussed a possible “hybrid” model for an administrative approval for certain requests and redefining the current definition of “live entertainment”
DEPARTMENT RECOMMENDATION
Provide staff with comments and/or direction on:
• Proposed draft Entertainment Ordinance
•Draft Entertainment Permit Application
43 The picture can't be displayed.
Staff conducted public outreach:
• Individual meetings with CUP holders
• Larger group meeting for business
owners for potential live entertainment
Division Outreach
Common concerns with current process:
• More flexibility should be allowed to allow
businesses to remain dynamic and relevant
• Frustration on required information (templates)
Draft Entertainment Ordinance &
Entertainment Permit Application
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P L A N N I N G D I V I S I O N
Definitions
V IS A L IA Z O N IN G O R D IN A N C E PR O PO S E D U PD A TE visalia.gov
Updated/Added definitions:
• Entertainment
• Acoustical music
• Ambient music
• Security Personnel
The picture can't be displayed. The picture can't be displayed. • Updates to allow
flexibility
• Defining consistently
used terms
• Creates a pathway for
administrative and
discretionary
approvals
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P L A N N I N G D I V I S I O N
visalia.gov
Zone Use Matrix
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P L A N N I N G D I V I S I O N
E N T E R T A I N M E N T P R I O R T O 1 0 : 0 0 P M
Baseline
conditions/
requirements
applied and
adopted to help
safeguard and
protect patrons
and land use
compatibility
30-day Review
Process
Reviewed by
Planning, Code
Enforcement, PD,
Fire, Building
Approved / Denied
Administratively
visalia.gov
Complete Entertainment Permit Application
required as well as:
• Site Plan
• Floor Plan
• Description of type of entertainment
• Security Plan
Submittal & Approval of
Entertainment Permit
Application is comprehensive and serves as a
template for applicants.
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P L A N N I N G D I V I S I O N
visalia.gov
Examples of entertainment allowed
with an Entertainment Permit:
Karaoke and DJ hosts ending at 9:00PM
Comedy Night with multiple performers ending at
10:00pm
Line dancing classes ending at 8:00PM with
music and dancing continuing till 9:30PM
Open Mic at ending at 8:30 PM
Bingo/Trivia with amplification playing music and
host starting at 10:00am
Bands playing amplified music ending at 10:00PM
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P L A N N I N G D I V I S I O N
E N T E R T A I N M E N T P A S T 1 0 : 0 0 P M
visalia.gov
The current CUP process provides a projectspecific review tailored to each establishment which provides staff with the ability to impose
case-by-case operating conditions.
Submittal & Approval of
Conditional Use Permit
Discretionary approval and each request
reviewed on a project-by-project basis.
Process includes
staff review (Site
Plan Review),
public hearing
notices within
300-feet of site,
Planning
Commission
approval
Ensures
conditions/
requirements are
applied and
adopted to help
safeguard and
protect patrons
and land use
compatibility
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P L A N N I N G D I V I S I O N
Examples of type of uses applicable to a
Conditional Use Permit:
• Karaoke and DJ on Wednesdays and Fridays ending at 11:00 PM • Comedy Night with multiple performers ending at 12:00 AM • Line Dancing and Salsa Dancing classes ending at 8:00 PM with music and dancing continuing till 12:30 AM
• DJ ending at 2:00 AM
• Bands with amplification ending at 11:30 PM
visalia.gov
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P L A N N I N G D I V I S I O N
BASELINE CONDITIONS
visalia.gov
Noise
Occupancy
Baseline conditions have been included that will be
applied to Entertainment Permits.
Security Plan
With the exception of the Time Restriction baseline
condition, all other baseline conditions listed in the
ordinance will be applied to CUPs for Entertainment.
Type, Manner, & Hours of Operation
The Planning Commission, may require additional
conditions of approval of a CUP for entertainment based on the specific location and operational characteristics of the business.
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P L A N N I N G D I V I S I O N
Conditional Use Permit
Time Restrictions
visalia.gov
Baseline conditions also applicable to all businesses with a CUP for Entertainment with the exception of the following:
Time Restriction.
• Business shall not conduct Entertainment regulated under this code section between the hours of 1:30 a.m. through 11:00 a.m. • The time restrictions may be further limited by an applicable conditional use permit or an Entertainment Permit.
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Uses not requiring an
Entertainment Permit or a CUP
for Entertainment:
• A three-piece mariachi group walking around
the inside of a restaurant without
amplification prior to 10:00 P.M.
• A solo singer with a guitar performing without
amplification prior to 10:00 P.M.
• An open stage event with multiple small music
groups performing without amplification at a
brewery prior to 10:00 P.M.
• A violinist performing without amplification
prior to 10:00 P.M.
53 Existing CUPs for Entertainment
Existing CUP holders may apply for to complement
their existing CUP for entertainment.
Administrative level approval
• More restrictive in hours of entertainment
• More flexible in the types of entertainment
A business owner who currently has a CUP that
allows amplified bands on Fridays and Saturdays
till 1:00 A.M, can apply for an Entertainment
Permit to include:
• DJ on Thursdays, Fridays and Saturdays only
till 10:00 PM
• Karaoke and Bingo on Sundays from
10:00AM – 12:00 PM
Acoustical guitarist to play during dinner service,
from 5:00pm to 9:00pm, can do so without an
amendment to the CUP and without the need of
an Entertainment Permit.
If the business owner wants to increase the
hours of entertainment till after 10:00PM, an
amendment to the existing CUP will be
required.
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Entertainment Permit Non-transferable
Per the new draft ordinance, no entertainment permit may be sold, transferred or assigned by a permittee, to any other person or persons.
Fees for Entertainment Permit
The fee for the Entertainment Permit will be the same fee of Temporary Conditional Use Permit (TCUP) – To Planning Commission fee.
Appeals
With the administrative approval for the Entertainment Permit, the administrative decision may be appealed to the Planning Commission.
55 Provide staff with any input or desired changes and provide direction on whether to proceed with the ordinance and related material for adoption at a future meeting The City Council may, in lieu of the recommended motion, direct staff to not process any amendments to Visalia Municipal Code Chapter 17.32.155
DEPARTMENT RECOMMENDATION
ALTERNATIVE
56 Questions
&
Discussion
57 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0092 Agenda Date: 8/17/2026 Agenda #: 2.
Agenda Item Wording:
Inclusive park project - Receive a presentation on the inclusive park project and authorize staff to move forward with the updated concept layout to prepare design and construction drawings.
Agenda Date: 08/17/2026
Prepared by:
Cody McLaughlin, Associate Engineer, [email protected], (559) 713-4595 Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Rebecca Keenan, Senior Civil Engineer, [email protected], (559) 713-4541 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Director of Engineering & Building, [email protected], (559) 713- 4495
Jason Glick, Director of Parks & Recreation, [email protected], (559) 713-4042 Department Recommendation:
Staff recommends that the City Council receive a presentation on the inclusive park project and authorize staff to move forward with the updated concept layout to prepare design and construction drawings.
Summary:
The Bridging Horizons Inclusive Park is a Proposition 68 grant-funded initiative to design and construct the City of Visalia’s first fully inclusive park. The city was awarded funding from the California Department of Parks and Recreation to develop a park that expands accessible recreation opportunities. Following the grant award, the city retained a design consultant and initiated the park design process. During development, unforeseen site constraints, conditions, and obstacles were identified resulting in an alternative project site at the northwest corner of McAuliff Street and Millcreek Parkway. The proposed relocation preserves the project scope while maintaining consistency with grant requirements. Staff is requesting authorization to proceed with design and preparation of construction documents for the updated location. Staff estimates the design will be complete by the end of 2026, bid advertising for construction will begin in the spring 2027, construction will begin in early summer 2027, and construction completion by early 2028.
Background Discussion:
In spring of 2022, the City of Visalia was awarded $7,829,352 for the new inclusive park project through the Proposition 68 Statewide Park Development and Community Revitalization Grant Program. The purpose of the grant is to create new parks and recreation opportunities in underserved communities across California. The city submitted a proposal for a new inclusive park to be located on Oak Street between Burke Street and the Imagine U children’s museum facility.
In the fall of 2022, the city proceeded through the consultant procurement process and retained Odell Engineering for professional design services for the project. Working with the consultant, preliminary Visalia City Council Page 1 of 5 Printed on 8/14/2026
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File #: 26-0092 Agenda Date: 8/17/2026 Agenda #: 2.
Engineering for professional design services for the project. Working with the consultant, preliminary engineering and coordination efforts began in 2023. As the design progressed, staff determined that additional public outreach was necessary to re-engage with the community, confirm that proposed amenities continued to meet the needs of future users, and ensure the project remained consistent with the intention and goals of the Proposition 68 grant.
In coordination with the grant agency, staff was told that in order to propose modifications to the approved project scope or amenities, the request needed to be supported either by: community outreach and feedback; design engineering and feasibility reasons; or cost considerations. To satisfy these requirements staff organized and heavily marketed a public outreach meeting that was held at Imagine U Children’s Museum, presented the project and met with community members and future park users at Able Industries, and incorporated their feedback into an updated conceptual layout. The revised concept was presented to the City Parks and Recreation Commission and City Council which authorized staff to proceed with the updated conceptual layout and design scope.
Additionally, the Inclusive Park project was coordinated with another city project, the “Oak Avenue Extension”. The Oak Avenue Extension would build a one-way road south of the railroad tracks between Tipton Avenue and Burke Street and provide access to the Inclusive Park. Unfortunately, during the design phase and numerous meetings with the railroad agencies, obstacles emerged that have resulted in the need to relocate the park project to an alternate site. Some of these obstacles included land use restrictions, design approvals, and conditional requirements that would significantly impact the Inclusive Park project, schedule, design components, and project budget beyond reasonable recovery.
Staff conducted a comprehensive evaluation of alternate park sites to identify a location that provided an opportunity to the area, foundational design components to service the project, and satisfied the grant agency requirements as an area of need. The evaluation identified a site that satisfied all parameters, a city owned 4.8-acre parcel located at the northwest corner of McAuliff Street and Mill Creek Parkway. Staff recently held a preliminary meeting with the grant agency representative to ensure that the identified location would be acceptable, and a site change would be allowed through a request process. The grant representatives indicated that a site location would be possible, and encouraged staff to formally submit a package requesting the change for further review by their administration. Following the council approval of the new project site, city staff submitted and has been notified that the site change request is under review with the grant agency. Additionally, a Phase 1 and Phase 2 environmental site assessment were performed, with neither assessment identifying any significant concerns.
Outreach for New Site:
Staff hosted an outreach meeting on April 15th, 2026 at Valley Oak Middle School. Notices were mailed to 900 nearby neighboring residents. At the meeting, 14 residents attended. Staff presented the new site for consideration, the type of function, and use of the future inclusive park.
This outreach generated a variety of public opinions and comments. While some attendees expressed interest in the new proposed inclusive park, others raised concerns about the project’s possible impact to the area.
A common concern expressed by several attendees was the perceived presence of transient activity in the area around their homes, including along Mill Creek, on the vacant City owned parcel south of the proposed location of the proposed park, and within Mill Creek Park just west of the proposed Visalia City Council Page 2 of 5 Printed on 8/14/2026 powered by Legistar™ 59
File #: 26-0092 Agenda Date: 8/17/2026 Agenda #: 2.
the proposed location of the proposed park, and within Mill Creek Park just west of the proposed location. Attendees also reported concerns with the individuals rummaging in trash cans in the neighborhood. These existing concerns influenced attendees’ perception of the proposed park and expressed concerns that the park could attract transient activity closer to their neighborhood.
Listed below is a summary of several of the more significant concerns and the methods city staff is researching to incorporate during the design phase of the park: Concerns with transients utilizing the park and the bathrooms - city staff response is that this is going to be an enclosed park with a 6’ tall fence and it will only be open during specified hours. City staff will be opening and closing gates in the morning and in the evening so there will be a city presence that can report any issues to the appropriate departments. In addition, city staff intends to explore design options for the bathroom equipment that would prioritize heavy duty commercial quality as an effort to prevent vandalization.
1. Park hours concern - The attendees’ opinion is that negative behavior in the area is most likely to occur after dark and requested that the park only be open during daylight hours. Staff will do more investigation into the appropriate park hours with this in mind.
2. Concerns about the parking lot being utilized for non-park activities - Staff response is that consideration can be made to place a vehicular access gate across the drive approach entrance that can be closed to coincide with park hours. This will need to be further discussed and investigated with the parks department during design.
3. Noise Nuisance - This comment seemed to be a misunderstanding about some of the park equipment. Various park equipment has the ability to make noises that are learning type tools for some of the special needs users. Staff does not believe that these noises will be loud enough to significantly affect the adjacent neighborhood.
4. Increased traffic activity in the neighborhood - Staff has kept resident concerns in mind when placing this drive approach. In order to manage traffic to the park the drive approach has been located to turn vehicles as soon as possible once turning onto Manzanita Street. In addition, the site entrance has an elongated drive aisle leading to the parking lot in order to control any potential vehicle queueing.
5. Request that the parking lot not be placed on Manzanita - Some of the attendees expressed concerns that they don’t want to be looking at a parking lot right next to their homes. This comment seemed to be geared towards residents wanting whatever was adjacent to their homes to look nice and be maintained. Staff will keep this in mind when placing the parking lot on the new project site.
6. Safety concerns about the uncontrolled intersection at McAuliff and Mill Creek Parkway - Staff informed the residents that the design is currently underway for a traffic signal at this location.
At the City Council meeting on May 04, 2026 city staff presented on the proposed site location and the events leading up to the presentation. At this council meeting various attendees provided public comments with some comments in support of the upcoming project and other public comments from attendees of the prior outreach meeting expressing their previous concerns. Further comments in addition to the previously documented concerns included:
7. Request to consider locating the restroom further away from Manzanita St. side of the site.
8. Request to consider locating the parking lot entrance and park entrance to minimize impacts to the adjacent homes.
9. Reiteration of previously stated comments (1-6) and for consideration to be given to those concerns.
City Council authorized the new project site location and to move forward into the conceptual layout Visalia City Council Page 3 of 5 Printed on 8/14/2026 powered by Legistar™ 60
File #: 26-0092 Agenda Date: 8/17/2026 Agenda #: 2.
City Council authorized the new project site location and to move forward into the conceptual layout phase on May 04, 2026. City Council directed staff to take the public’s comments into consideration and make attempts through design measures and strategies (as feasible) to mitigate and manage public concerns. In addition, City Council requested that city staff return and present the concept layout for review and approval.
City staff believe that the updated conceptual layout presented with this report addresses some of the noted concerns. In addition, through strategic design approaches during the design phase and future planned operations and management approaches to the project, the public comments and concerns will be addressed and mitigated.
City staff presented the updated concept layout to the City of Visalia Parks and Recreation Commission on August 11, 2026. Prior outreach meeting attendees were notified and invited to the Parks and Recreation commission meeting. Public comment by attendees included questions about the concept layout and fencing type, as well as a comment by an attendee stating they felt city staff had acknowledged all of their concerns and they were all addressed with the updated concept layout.
The Parks and Recreation Commission has made the recommendation that Council approve the updated concept layout and move to authorize staff to move forward with the design and construction drawings for bid.
Upon approval of the updated concept layout by City Council and approval of the formal site change request with the state grant agency, city staff would immediately move into the design phase of the project and begin working with the consultant to develop construction drawings, specifications, and estimates for bid. Refer to the tentative project schedule below:
Tentative Project Schedule
Approval of Concept Site Layout August 17, 2026
Completed Design for Bid January 2027
Construction Begins May/June 2027
Construction Complete January 2028
Fiscal Impact:
There are no fiscal impacts at this time.
Prior Council Action:
May 04,2026 - Authorized the new site location for the Inclusive Park Project and approve contract amendment No. 2 in the amount of $405,500.63 to Westwood Professional Services for the change and update in design scope
March 18, 2024 - Received a presentation on the Inclusive Park Project updated concept layout and provide direction regarding the updated layout.
November 07, 2022 - Council authorized the City Manager to enter into a contract with Odell Engineering (now Westwood Professional Services) for professional consulting services for the Inclusive Park Project in the amount not to exceed $547,095.00.
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File #: 26-0092 Agenda Date: 8/17/2026 Agenda #: 2.
June 06, 2022 - Authorized the City Manager to accept and appropriate $7,829,352 in funds awarded form the State of California Natural Resources Agency, Proposition 68 Statewide Park Development and Community Revitalization Grant and appropriate $51,000 for staff indirect costs from the Parks Fund (211).
Other: NA
Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):
I move to receive a presentation on the Inclusive Park Project and authorize staff to move forward with the updated concept layout to prepare design and construction drawings.
Environmental Assessment Status: Categorical Exemption
CEQA Review: Categorical Exemption
Deadline for Action: 8/17/2026
Attachments: Project Presentation
Updated Concept Layout
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☒
Quality of
Life
Visalia City Council Page 5 of 5 Printed on 8/14/2026
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The City of Visalia’s Fully
Inclusive Park Project
Engineering and Building
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E N G I N E E R I N G & B U I L D I N G
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New Project Site
2 64
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E N G I N E E R I N G & B U I L D I N G
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Playground
Amenities
(sequoia themed)
3 65
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E N G I N E E R I N G & B U I L D I N G
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Playground
Amenities
(sequoia themed)
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E N G I N E E R I N G & B U I L D I N G
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Picnic and Restroom
Amenities
5 67
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E N G I N E E R I N G & B U I L D I N G
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Water Play and Music Meadow
Amenities
(Power by interaction not electricity)
6 68
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E N G I N E E R I N G & B U I L D I N G
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Ballcourts and Fitness
Amenities
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Park Operations
• The park will provide an onsite parking lot with
accessible parking for attendees and users.
• The park area will be fully fenced for user safety and secured outside of operating hours.
8 E ngi neer i ng & B ui l d i ng
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Public Outreach
•
Comments Concerns with transient activity utilizing the park and bathrooms.
• Park operating hours: Concerns of unacceptable behavior and use of the space after dark.
• Concern of parking lot being used for non-park activities. • Concern of noise nuisance from park and park music amenities. • Increased traffic activity within the neighborhood.
• Requests for onsite parking lot to not be placed on Manzanita St. and located further away from the nearby neighborhood. • Safety concerns with the uncontrolled intersection at McAuliff St. and Mill Creek Parkway.
• Request to consider locating restroom further away from 9 E ngi neer i ng & B ui l d i ng
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E ngi neer i ng & B ui l d i ng
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E N G I N E E R I N G & B U I L D I N G
Q&
A
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0078 Agenda Date: 8/17/2026 Agenda #: 3.
Agenda Item Wording:
Stormwater master plan update - Receive a presentation on the stormwater master plan progress and provide direction regarding releasing for public comments.
Agenda Date: 08/17/2026
Prepared by: Katherine Woodhull-Fuget, Associate Engineer, Katherine.Woodhull[email protected], (559) 713-4447 Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation: Staff recommends that Council receive an update presentation on the stormwater master plan and direct staff to circulate the proposed stormwater master plan update for public comments.
Summary:
The stormwater master plan document has been completed by the consultant, Carollo Engineers, Inc. and is ready for public review and adoption. This staff report and presentation will provide an overview of the stormwater master plan and provide an opportunity for Council and public comment.
Staff intends to return September 21, 2026 for Council approval and adoption of the stormwater master plan.
Background Discussion:
The City of Visalia entered into a contract with Carollo Engineers, Inc to update the City’s public facility master plans for stormwater and sanitary sewer collection and conduct a nexus study in September 2018.
The main purpose of updating these master plans is to adequately size storm water and sewer system facilities for the future growth in accordance with the 2014 General Plan update, also known as the 2030 General Plan. The 2014 General Plan update contains new policies and changes to land use types and land use densities that have a direct impact on the sizing of these facilities. The current master plans were updated in 1994. These master plans provide necessary guidance to City staff for capital project planning and to private developers as to the City’s requirements for storm water and sewer system facilities. Additionally, these master plans will include nexus studies that will provide an equitable distribution of development costs through updated development impacts fees for storm water and sanitary sewer collection.
The sanitary sewer collection system master plan was adopted by Council December 2, 2025, and the wastewater nexus and rate study is currently underway. The focus of this staff report and presentation is to provide an update of the master plan for the stormwater collection system.
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File #: 26-0078 Agenda Date: 8/17/2026 Agenda #: 3.
The presentation accompanying this staff report will provide an overview of the final stormwater master plan, which is included as an attachment and will also be made available on the city website for public review and comment prior to adoption in September 2026.
Once the stormwater master plan is adopted in September 2026, staff will work with Carollo to resume work on the Storm Sewer Construction (fund 221) portion of the nexus study and kickoff the storm service charge rate study. The scope of work for the nexus study will include financial analysis, development of draft impact fees, and meetings with development stakeholders. Storm service charge rate study work will include financial analysis, cost of service analysis, development of draft service charges, community outreach, and the Prop 218 fee adoption process. Staff anticipates returning to Council for impact fee adoption and to initiate the Prop 218 Public Hearing process in 2027.
Fiscal Impact:
The stormwater master plan identifies near and long-term capital improvement projects to serve buildout of the 2030 General Plan Area. It includes proposed storm infrastructure projects and the estimated cost of each project, as well as whether costs should be considered operational (funded by 481 Storm Operations), address existing deficiencies (funded by 222 Storm Sewer Deficiencies), or are development-related (funded by 221 Storm Sewer Construction).
The project costs identified in the stormwater master plan will be used as the basis of the stormwater nexus study and rate study. Individual projects will be implemented through the budget cycle process which is reviewed, modified, and adopted by council.
Prior Council Action:
December 2, 2025 - Council approved and adopted the Sanitary Sewer System Master Plan.
November 3, 2025 - Council received a presentation on the update to the Sanitary Sewer Master Plan.
June 16, 2025 - Council authorized Storm Amendment 3 with Carollo Engineers, Inc. in the amount of $115,700 for additional storm master plan services and authorize the appropriation of $103,000 from fund 222 (Storm Sewer Deficiency).
February 18, 2025 - Council authorized Carollo Engineers, Inc. Sewer Amendment 1 in the amount of $238,900 for additional nexus study services, authorized the transfer of $150,000 from CP0728 Wastewater Rate Study to CP0015 Sewer Master Plan and Nexus Study, and authorized the appropriation of $24,000 from Fund 231 Wastewater Trunkline, $4,000 from Fund 431 Wastewater Operations, and $91,000 from Fund 232 Treatment Plant Expansion to CP0015.
August 19, 2024 - Council approved and adopted the Master Plan for the Water Reclamation Facility.
June 17, 2024 - Council received a report and presentation on the Final Master Plan for the Water Reclamation Facility.
February 20, 2024 - Council received a report and presentation on the Condition Assessment, Facility Plan, and Master Plan Update for the Water Reclamation Facility.
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File #: 26-0078 Agenda Date: 8/17/2026 Agenda #: 3.
December 18, 2023 - Council authorized contract award to Dudek for the preparation of the Storm and Sewer Master Plan Environmental Impact Reports in the amount of $654,085 and the appropriation of $365,000 from Fund 231, $247,000 from Fund 221, $166,000 from Fund 222, and $3,000 from Fund 481.
April 3, 2023 - Council authorized award of an emergency contract to Carollo Engineers, Inc. in the amount of $515,400 for the Condition Assessment, Facility Plan, and Master Plan Update for the Water Reclamation Facility and the appropriation of $550,000 from Fund 431.
December 19, 2022 - Council received a presentation on the Status of the Storm and Sewer Master Plan Updates and Introduction to the Nexus Study.
December 5, 2022 - Council authorized Carollo Engineers, Inc. Contract Amendment #2 for the Update to the Stormwater Master Plan in the amount of $97,070 and the appropriation of $100,000 from the Storm Sewer Construction Fund (221) to CP9067.
August 16, 2021 - Council authorized Carollo Engineers, Inc. Contract Amendment #1 for the Update to the Stormwater Master Plan in the amount of $132,543 and the appropriation of $140,000 from Storm Sewer Construction Fund (221) to CP9067.
September 4, 2018 - Council authorized the City Manager to execute an agreement for RFP 17-18- 29 to Update the City’s Public Facility Master Plans for Storm Water and Sanitary Sewer Collection with Carollo Engineers, Inc. in the amounts of $326,700 (CP9067) and $279,200 (CP0015), authorized the appropriation of $155,285 from Fund 221 to CP9067, and authorized the appropriation of $12,000 from Fund 231 to CP0015.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to receive the presentation update on the stormwater master plan and authorize staff to circulate the proposed stormwater master plan update for public comments.
Environmental Assessment Status: NEPA Environmental Assessment does not apply to this project.
CEQA Review: A Notice of Exemption will be recorded within five days of Council adoption of the stormwater master plan.
Deadline for Action: 08/17/2026
Attachments:
1. Storm Master Plan Presentation
2. Stormwater Master Plan Report
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
☐
☐
☒
☐
Visalia City Council Page 3 of 4 Printed on 8/14/2026
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File #: 26-0078 Agenda Date: 8/17/2026 Agenda #: 3.
☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 4 of 4 Printed on 8/14/2026
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Stormwater
Master Plan Update
Engineering & Building
79 1
visalia.gov
T A B L E O F C O N T E N T S
1 Purpose
Storm Master Plan OverviewNext Steps
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E N G I N E E R I N G & B U I L D I N G
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E N G I N E E R I N G & B U I L D I N G
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Purpose• Maintain the Current Level of Protection• Model growth per 2030 General Plan land uses• Assess capacity of the existing storm system• Identify needed improvements to support growth per 2030 General Plan
• Provide direction for incoming development• Provide costs for the update of the Storm Construction Developer Impact Fee
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E N G I N E E R I N G & B U I L D I N G
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Storm Master Plan Redevelopment• The adopted 1994 Storm Master Plan relies heavily on discharging directly to waterways • St Johns River, Modoc Ditch,
Mill Creek, Evans Ditch, Packwood Creek, and Cameron Creek • Assumes space to enlarge
waterway channels
• The 2026 Storm Master Plan
focuses instead on regional retention basins
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E N G I N E E R I N G & B U I L D I N G
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1994 Storm Master Plan
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Evaluation of the Existing Drainage SystemA Contemporaneous Approach 6 84
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Contemporaneous Evaluation of the Existing Drainage System • Instead of evaluating the existing system based
on the most current standards, evaluate the system based on the standards that applied at the time of installation
• Avoids moving the goalposts
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“Deficiencies” Identified Using a 10-year, 10-day “Modern” Design Storm• 17 projects identified• ~$80 Million• Increased discharges to waterways Deficiencies Identified Using a 2-year Design Storm Representative of Historical Standards• 3 projects identified• $1.4 Million• Deficiencies observed by field staff System Deficiency Projects
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E N G I N E E R I N G & B U I L D I N G
Storm Master Plan Development Approach
Geospatial analysis of existing land cover in Visalia
Correlation of land cover with General Plan land use
Forecasting anticipated impervious land coverage based on General Plan land use Development of Storm Master Plan
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E N G I N E E R I N G & B U I L D I N G
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Forecast Land Cover Model System During Design Storm Develop CIPs 10 88
E N G I N E E R I N G & B U I L D I N G
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Major Changes & Impacts1. Increased Residential Runoff 2. Detention vs Retention – Standalone Retention Basins
3. Industrial Park Exclusion
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E N G I N E E R I N G & B U I L D I N G
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Increase In Residential Runoff• Estimated runoff for single-family residential land use for a given rain event have increasedcompared to the 1994 plan • Geospatial analysis of Visalia satellite imagery
indicates low-density residential zoned lots are more
impervious on average than assumed in the 1994 plan
• Current development trends display increasing
density
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E N G I N E E R I N G & B U I L D I N G
visalia.gov
Residential Impervious Cover
20 43
70 80
42 56
54 60
0 10 20 30 40 50 60 70 80 90
Residential Very Low Density
Residential Low Density
Residential Medium Density
Residential High Density
Percent Impervious
2019 Observed Average % Impervious 1994 Assumed % Impervious 13 91
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92 E N G I N E E R I N G & B U I L D I N G
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Detention vs Retention1994 Detention Approach• Detention = Discharge • Relies on waterway
capacity
• Basins designed and
sized to only temporarily hold stormwater smaller,
multipurpose
Current Retention Approach
• Retention = Recharge
• Not dependent on
waterway capacity
• Basins designed and
sized to hold stormwater until it infiltrates or evaporates larger, single-purpose
15 93
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Standalone Retention Basins
Planning-Level Design• 23’ total depth• 18’ design water depth• Perimeter fencing & landscaping
• Master plan CIP costs
include frontage improvements on 2 sides
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Understanding Visalia’s Existing Park-Basins
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E N G I N E E R I N G & B U I L D I N G
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Detention Park BasinsThe “Overflow Only” Design•No separate basin section•Storm drain runs under depressed park
•Only fill when the pump station
can’t keep up with the inflow
The “Part Basin” Design•Include a deeper basin portion, typically fenced
•Pumps only kick on when water
may encroach into park portion
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“Overflow Only” Detention Park Basins
Mill Creek Garden Park
Blain Park
19 97
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“Part Basin” Detention Park Basins
Seven Oaks
Riverbend
Cherry
Meadow
Kiwanis Ruiz
20 98
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Switching From Detention to Retention For New Regional Basins Detention Basins
• Temporarily detain stormwater for
flood control purposes before releasing it to waterway
Retention Basins•Retain stormwater until it
infiltrates, evaporates, or is used by plants
Detention = Discharge Retention = Recharge
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Retention Park Basins
Burke Park Basin Sunset Park Basin
22 100
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Burke Park: the Retention Park Basin
March 2023
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Sunset Park: Park With Retention Basin
•Basin area sized
to hold entire required volume
•Likelihood of
park flooding is very, very low
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“Standalone” Retention Basins
Future basins are planned as standalone facilities for sizing and impact fee purposes.The City can still plan on locating regional basins adjacent to parks. 25 103
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Basin Improvement Cost Assumptions
Local/Local Corner Lot Collector/Arterial Corner Lot
2026 Costs 26
104
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Unit CostElement$150,000 / acreLand Acquisition$56 / linear footPerimeter Fencing$6 / square footPerimeter Landscaping$232 / linear foot of frontage Parkway, sidewalk, curb/gutter, pavement frontage
$21,000 / basin Drive approach & corner improvements$33 / cubic yardBasin Excavation Basin Improvement Cost Assumptions
2026 Costs 27
105
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Industrial Park Exclusion• The Stormwater Master Plan CIPs do not address the Industrial Park
• Industrial-zoned parcels are required to retain
stormwater onsite
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E N G I N E E R I N G & B U I L D I N G
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107
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Next Steps
Storm Master Plan
Report will be available
on the City Website
Return to Council 9/21
for master plan
approval and adoption
Kickoff Storm Nexus
Study & Rate Study
30 108
Thank you
for your time.
31 109
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0007 Agenda Date: 8/17/2026 Agenda #: 1.
Agenda Item Wording:
Authorization to read ordinances by title only.
Visalia City Council Page 1 of 1 Printed on 7/28/2026
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0057 Agenda Date: 8/17/2026 Agenda #: 2.
Agenda Item Wording:
Award contract and transfer funds for Lot #44 & Transit Operations parking lot pavement rehabilitation - Authorize the City Manager to award the construction contract to Dave Christian Construction, Inc. for the Lot #44, located at 300 N. Tipton Street & Transit Operations parking lot pavement rehabilitation project, located at 525 N. Cain Street, in the amount of $1,259,372; authorize a change order deduction in the amount of $208,439; and authorize the transfer and appropriation of $485,000 from Transit Funds.
Agenda Date: 08/17/2026
Prepared by:
Jonathan Frausto, Senior Project Manager, [email protected], 713-4369 Dolores Verduzco, Financial Analyst, [email protected], 713-4540 Carmen Quevado, Financial Analyst, [email protected], 713-4540 Angelina Baker, Transit Manager, [email protected], 713-4591 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 Dave Christian Construction, Inc. for RFB 25-26-23 for the Lot #44 & Transit Operations parking lot pavement rehabilitation project in the amount of $1,259,372, authorize a change order deduction in the amount of $208,439 authorize the transfer of $485,000 from the Transit Operations Fund balance to the Transit Capital Fund and appropriate as outlined in the report.
Summary:
This project award will initiate the construction phase for the parking lot 44 and Transit Operations parking lot pavement rehabilitation project. Improvements include, but are not limited to, pavement resurfacing and rehabilitation, along with signage, striping and pavement marking updates.
Background Discussion:
Parking Lot 44 - 4520/72000/CP0257-999
Parking lot 44, located at 300 N. Tipton Street, was acquired by the City of Visalia in 2006 from the Southern California Gas Company (SoCalGas) for use as an emergency overflow parking lot for Transit Operations. The property is situated on a portion of a former manufactured gas plant site that underwent environmental remediation under the oversight of the California Department of Toxic Substances Control (DTSC).
As part of the remediation, a Land Use Covenant was recorded in 1998 and an Operation and Maintenance (O&M) Plan was established to ensure the long-term protection of human health and the environment. The O&M Plan requires the City to maintain the existing impervious asphalt cap, Visalia City Council Page 1 of 6 Printed on 8/14/2026
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the environment. The O&M Plan requires the City to maintain the existing impervious asphalt cap, manage any intrusive work in accordance with DTSC requirements, and provide ongoing monitoring and reporting. Because the existing asphalt pavement has reached the end of its useful life, rehabilitation of the parking lot is necessary to maintain the integrity of the protective cap and ensure continued compliance with the site's environmental requirements.
Transit Operations - 4520/72000/CP0327-999
The Transit Operations parking lot, located at 525 N. Cain Street, was identified by the Transit Division as being in need of rehabilitation. At the time of budget allocation in 2018, the Engineering Division, in coordination with Transit staff, evaluated the existing pavement conditions and developed an initial project scope consisting primarily of a slurry seal with localized pavement dig outs in areas subject to high bus ingress and egress movements. Once a full evaluation was conducted in preparation for the appropriate scope of work, engineering staff realized the condition of the parking lot in 2025 and determined that the pavement had deteriorated beyond what could be effectively addressed with the original rehabilitation strategy. As a result, the recommended scope has been revised to primarily consist of a grind and overlay with localized pavement dig outs. This recommendation is based on the City's experience maintaining high-volume, heavy-load facilities, where repeated turning movements combined with prolonged periods of elevated summer temperatures have accelerated the deterioration of conventional asphalt pavement.
Project Impacts:
Parking Lot 44 - 4520/72000/CP0257-999
The parking lot 44 rehabilitation project is expected to have minimal impact on transit operations.
Staff has informed the lowest bidder that construction notification will need to be sent to the Imagine U facility, who primarily uses this parking lot.
Transit Operation Facility - 4520/72000/CP0327-999
The Transit Operations parking lot rehabilitation project is expected to have a significant impact on the operation of the facility during construction. Engineering staff will coordinate closely with the Transit Manager and operator to minimize disruptions and maintain normal operations. Construction will be completed in phases to preserve ingress and egress access to the maintenance bays, bus circulation areas, and bus parking throughout the duration of the project.
Bidding Process:
Staff advertised RFB 25-26-23 for the parking lot rehabilitation at parking lot 44 and the transit operations facility on May 13th 2026, with a bid close date on June 18th 2026. The project was split with the bid schedule ‘A’ encompassing the scope of parking lot 44 and bid schedule ‘B’ encompassing the scope of the transit operation facility. Based on the project specifications, the lowest responsive bidder was based on the total bid amount of the bid schedule ‘A’ and bid schedule ‘B’. At the time of bid opening staff received seven (7) bids, below are the three (3) lowest responsive bidders.
Bid Schedule ‘A’ Bid Schedule ‘B’ Total Bid
1 Dave Christian
Construction
Fresno, CA $238,608.00 $1,020,764.00 $1,259,372.00
2 Todd
Companies
Visalia, CA $262,225.00 $ 999,275.00 $1,261,500.00
3 Anderson
Striping &
Construction
Visalia, CA $227,768.00 $1,054,203.00 $1,281,971.00
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Bid Schedule ‘A’ Bid Schedule ‘B’ Total Bid
1 Dave Christian
Construction
Fresno, CA $238,608.00 $1,020,764.00 $1,259,372.00
2 Todd
Companies
Visalia, CA $262,225.00 $ 999,275.00 $1,261,500.00
3 Anderson
Striping &
Construction
Visalia, CA $227,768.00 $1,054,203.00 $1,281,971.00
City staff reviewed all seven (7) bids received and determined that the bid submitted by Dave Christian Construction was the lowest responsive and responsible bid. The references provided by Dave Christian Construction were verified by City staff and included the City of Clovis, Fresno County Fire, Target Constructors, Inc., the County of Fresno, and the City of Chowchilla. All references were contacted and provided favorable evaluations of the contractor's performance on similar projects.
Based on the bid review and reference verification, staff recommends awarding the construction contract to Dave Christian Construction for the parking lot 44 rehabilitation project (4520/72000/CP0257-999) in the amount of $238,608 and the Transit Operations parking lot rehabilitation project (4520/72000/CP0327-999) in the amount of $1,020,764, for a combined contract amount of $1,259,372.
Fiscal Impact:
The total award amount of $1,259,372 will be tracked separately for budgeting purposes; $238,608 for the parking lot 44 rehabilitation project (CP0257) and $1,020,764 for the Transit Operations parking lot rehabilitation project (CP0327). Additional funds are needed for each capital improvement project, further explained below.
Budget Shortfall Parking Lot 44 - 4520-72000/CP0257-999:
The parking lot 44 rehabilitation has a budget shortfall of approximately $85,000. This shortfall can be contributed to the rise in construction costs since the year 2018 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%.
Change Order Parking Lot 44 - 4520-72000/CP0257-999:
To help address the budget shortfall, the Transit Division, in coordination with the Engineering Division, recommends removing the site lighting included in the original bid plans and schedule. The contractor has agreed to this scope reduction, resulting in a change-order deduction of approximately $34,000 from the original contract amount.
Budget Shortfall Transit Operations - 4520-72000/CP0327-999:
The Transit Operation Parking Lot Rehabilitation has a budget shortfall of approximately $700,000.
This shortfall can be contributed to the rise in construction costs since the year 2018 when this project was originally estimated, and the change in scope as discussed earlier in this report. From January of 2021 to January of 2025, the California Construction Cost Index shows an increase of approximately 40%.
Change Order Transit Operations - 4520-72000/CP0327-999 To help address the budget shortfall, the Engineering Division reevaluated the site’s existing pavement condition and considered alternative rehabilitation and preventive-maintenance treatments.
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pavement condition and considered alternative rehabilitation and preventive-maintenance treatments.
Following a site review with the City Engineer, staff recommends performing isolated pavement digouts in areas exhibiting significant rutting, followed by a Type II microsurfacing treatment in all other areas. The digouts will repair localized pavement failures, while the microsurfacing will seal and preserve the remaining pavement surface, improve durability, and extend its service life. The contractor has agreed to the revised scope, resulting in a change-order deduction of $174,439 from the original contract amount.
Budget Overview Parking Lot 44 - 4520/72000/CP0257-999
The Parking Lot 44 Rehabilitation is funded using transit funds (Fund 452) and a budget breakdown is provided in the table below.
Parking Lot 44 Rehabilitation (CP0257)
Project Funding Source
Transit Capital Fund (Fund 452) $ 274,100
Total Project Funding $ 274,100
Estimated Project Costs
Project Management (Project Design & Management) $ 55,000 Construction $ 238,608
Construction Contingency (~10.0%) $ 20,000
Construction Management (Staff Time) $ 10,000
Construction Services (Inspection) $ 5,000
Construction Services (Material Testing) $ 12,000
Construction Services (Construction Staking) $ 5,000
Construction Change Order ($ 34,000)
Total Estimated Project Costs $ 311,608
Surplus (Deficit) ($ 37,508)
Round to $ 40,000
Transfer funds from 452 capital fund balance $ 40,000
Due to the above-identified budget deficit, staff recommends the transfer of $40,000 from the Transit Operations Fund balance (451) to the Transit Capital Fund (452) and appropriate the funds to the Parking Lot 44 Rehabilitation.
Budget Overview Transit Operations - 4520/72000/CP0327-999 The Transit Operations parking lot rehabilitation project is funded using transit funds (Fund 452) and a budget breakdown is provided in the table below.
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Transit Operations Parking Lot Rehabilitation (CP0327)
Project Funding Source
Transit Capital Fund (Fund 452) $ 578,000
Total Project Funding $ 578,100
Estimated Project Costs
Project Management (Project Design & Management) $ 45,000 Construction $ 1,020,764
Construction Contingency (~10.0%) $ 80,000
Construction Management (Staff Time) $ 10,000
Construction Services (Inspection) $ 10,000
Construction Services (Material Testing) $ 25,000
Construction Services (Construction Staking) $ 5,000
Construction Change Order ($ 174,439)
Total Estimated Project Costs $
Surplus (Deficit) ($ 443,225)
Round to $ 445,000
Transfer funds from 452 capital fund balance $ 445,000
Due to the above-identified budget deficit, staff recommends the transfer of $445,000 from the Transit Operations Fund balance (451) to the Transit Capital Fund (452) and appropriate the funds to the Transit Operations parking lot rehabilitation project.
Prior Council Action:
Parking Lot 44 - 4520/72000/CP0257-999
December 15, 2008: Council authorized a Notice of Completion for the Parking Lot 44 Improvements Project.
June 23, 2008: Council awarded the contract for the Parking Lot 44 Improvements Project to A & D Construction of Tulare in the amount of $82,593.10.
September 25, 2006: Purchase of the property approved by council Transit Operations - 4520/72000/CP0327-999
N/A
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File #: 26-0057 Agenda Date: 8/17/2026 Agenda #: 2.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute a construction contract with Dave Christian Construction, Inc. for RFB 25-26-23, parking lot 44 rehabilitation and the Transit Operations parking lot rehabilitation project in the amount of $1,259,372; authorize a change order deduction in the amount of $208,439; and authorize the transfer of $485,000 from the Transit Operations Fund to the Capital Fund and appropriate funds to the parking lot 44 rehabilitation and Transit Operations parking lot rehabilitation project as outlined in the report.
CEQA Review: Project is categorically exempt.
Deadline for Action: 8/17/2026
Attachments:
1. Dave Christian Construction ownership disclosure form
2. Project location map
3. Tosted Asphalt draft contract Parking Lot 44 Rehabilitation
4. Tosted Asphalt draft contract Transit Operations Parking Lot Rehabilitation Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐ Economic
Vitality
☐ Organizational
Excellence
☐ Fiscal
Strength
☒ Infrastructure
& Growth
☐ Quality of
Life
Visalia City Council Page 6 of 6 Printed on 8/14/2026
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CONTRACT
CITY OF VISALIA
STATE OF CALIFORNIA
This Contract for the construction of the LOT #44 PAVEMENT REHABILITATION Project, is made between the City of Visalia, (hereinafter “the City”), and Dave Christian 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 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 LOT #44 PAVEMENT REHABILITATION 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.
Said work to be done is shown upon the following plans:
RFB No.: 25-26-23
Project Name: LOT #44 PAVEMENT REHABILITATION
CIP: 4520-72000/CP0257-999
which said plans are hereby made a part of this contract.
ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
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120
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 and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any 121
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. 122
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.
Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.
Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, 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
123
CONTRACT
CITY OF VISALIA
STATE OF CALIFORNIA
This Contract for the construction of the TRANSIT OPERATIONS PAVEMENT REHABILITATION Project, is made between the City of Visalia, (hereinafter “the City”), and Dave Christian 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 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 TRANSIT OPERATIONS PAVEMENT REHABILITATION 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.
Said work to be done is shown upon the following plans:
RFB No.: 25-26-23
Project Name: TRANSIT OPERATIONS PAVEMENT REHABILITATION CIP: 4520-72000/CP0327-999
which said plans are hereby made a part of this contract.
ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
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125
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 and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any 126
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. 127
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.
Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.
Executive Order N-6-22 – Russia Sanctions: On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, 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
128
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0072 Agenda Date: 8/17/2026 Agenda #: 3.
Agenda Item Wording:
Reinstate Building Advisory Committee - Authorization for reinstatement of the Building Advisory Committee as a five-person committee, therein re-incorporating a “Board of Appeals” derived from the BAC, and appointing three members to their identified terms.
Agenda Date: 08/17/2026
Prepared by:
Jason Huckleberry, Director of Engineering & Building Dept, (559) 713-4495, [email protected]
Department Recommendation:
Staff recommends that City Council reinstate the Building Advisory Committee (BAC) as a fivemember committee and appoint three members to their identified terms.
Summary:
In recent years, the BAC has not had pressing items and/or specific requests from the community and has largely been dormant. Staff is proposing to reestablish the BAC, and the associated “Board of Appeals” derived from the BAC members, with a five-member board. Four of these members are typically industry professionals made up of licensed architects, engineers and contractors familiar with State and Federal codes for construction. One committee member is reserved for a representative of the Building Industry Association of Tulare and Kings County (BIATKC).
The board has historically been comprised of seven members but given the active professional nature of the committee members and quarterly meeting requirements, staff has felt that reestablishing as a five-member committee will assist in ensuring the BAC meetings are attended regularly and well represented by local industry professionals with lively discussions and specific focus on matters that concern the BAC. All BAC members would qualify for the three-member (with one alternate) Board of Appeals (BOA), of which staff is also recommending be re-incorporated with this action.
Based upon outreach by staff and advertisements for various vacant committee seats, two members of the public have submitted applications for seats on the committee. Both were previously active members of the BAC and are recommended for approval to begin the three-year terms. One additional seat, unbound by term limits, is reserved for the BIATKC representative. With Council’s approval of the reinstatement of the five-member committee, as well as the members identified in this report, the BAC will begin holding quarterly meetings in the third quarter of this year.
Committee Applicants
Two applications are attached to this report and are being requested for appointment to three-year terms. This action requests appointing these two applicants as well as one additional member as Visalia City Council Page 1 of 4 Printed on 8/14/2026
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File #: 26-0072 Agenda Date: 8/17/2026 Agenda #: 3.
appointed by the BIATKC.
BJ Perch is a licensed contractor, owner of a local commercial construction company, and was an active member of the BAC for many years. He brings a wealth of experience and knowledge to the committee and highly recommended by staff.
Martin Hale is a local licensed architect, highly experienced in current CA building codes, residential and commercial plan creation and permit processing, and has served several BAC terms in previous years. Mr. Hale is knowledgeable, active in the industry and benefits the committee.
The third member is a representative to be selected by the Building Industry Association of Tulare and Kings County (BIATKC). The BIATKC committee member is consistent with previous committee memberships and helps ensure the building community is well represented on the BAC, capable of contributing to important discussions and relaying information to the building community. Staff will work with the BIATKC to identify their selected representative.
Board of Appeals
Duties of the Board of Appeals (BOA) are as prescribed in the California Building Code and includes hearing and deciding appeals of order, decisions or determinations made by the building official relative to the application and interpretation of code. Term lengths are recommended to be similar to those prescribed in the California Building Code. After Council approves the reinstatement of the BAC, the BAC and staff will appoint three members of the BAC to the Board of Appeals and one additional member to serve as an alternate.
Background Discussion:
The City continues to see a steady increase in building/development activity ranging from residential to large industrial projects. The establishment of the BAC and the “Board of Appeals” is intended to enable the City’s Building Division to provide the important services outlined below:
· Provide regular interaction and outreach with the building community and other interested parties.
· Provide an avenue for collaboration and public/private sector education regarding Building Code issues/changes and interpretations
· Provide a forum to discuss new industry technologies and suggestions to streamline the permitting/plan review processes
· Include a Board of Appeals as prescribed in the California Building Code. Four members (three regular members and one alternate) of the BAC would serve on the City’s Board of Appeals. The BAC would select from among their members who will serve on the Board of Appeals.
Committee Structure
The BAC shall appoint a chairperson and the four Board of Appeals members from the BAC membership at their first meeting (3 regular members plus one alternate member will be appointed to the BOA). A different chairperson will be chosen each year from the members of the BAC. No committee member will serve as the chairperson two years in a row. The Building Official or his/her designee shall be an ex officio member of the BAC and Board of Appeals but shall have no vote on Visalia City Council Page 2 of 4 Printed on 8/14/2026
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File #: 26-0072 Agenda Date: 8/17/2026 Agenda #: 3.
any matter before the board. As openings occur on the BAC, the sitting members of the committee will review applications that have been submitted to the City Clerk’s office for compliance with the California Building Code. The committee will review the applications and make recommendations for committee membership to the City Council.
The Board of Appeals
The purpose of the Board of Appeals is to provide a process by which the orders, decisions or determinations made by the City’s Building Official can be appealed. The Board would hear appeals relative to the application and interpretation of the Building Code. The Board shall have no authority to waive requirements of the Building Code, as stipulated in State law. An application for such an appeal shall be based one of the following claims:
· The true intent of the Building Code has been incorrectly interpreted · The provisions of the Building Code do not fully apply · An equally good or better form of construction is proposed The Board of Appeal’s processes, authority, member’s required qualifications, etc. are specified in the California Residential Code and Appendix “B” of the California Building Code (as previously adopted by the City Council). The BAC would meet at least quarterly and the Board of Appeals would meet as necessary to review any appeals as described below. The meeting location will be at 315 E.
Acequia at a time established by the BAC members.
The California Building Code recommends (but does not require) that the Board of Appeals have a total of seven members (five regular and two alternates). Staff is recommending that the Board of Appeals, as previously approved, have a total of four members (three regular and one alternate) and that the term vary slightly from that specified in the CBC because it may be difficult to find seven Visalia applicants meeting the qualifications prescribed by the Building Code that would be willing to serve on the Board, and still allow for rotating terms.
Except for the term limits, required qualifications, and the recommendation process (as outlined above), the BAC will follow the guidelines within the City of Visalia’s Committees & Commissions Handbook. The Committee will be added to the official City of Visalia Local Appointment List in compliance with the requirements of the Maddy Act, Government Code 54970. A mission statement will be drafted by the BAC.
Fiscal Impact including annual maintenance and operating costs: Minimal staff time will be observed in facilitating the BAC.
Prior Council Action:
March 4, 2019 - Council approved the Building Advisory Committee as a seven-member board and the reappointment of six BAC members.
Alternatives:
Suggest an alternate committee body made up of additional members, previously approved as a seven-member committee or direct staff to develop a different Board of Appeals process.
Recommended Motion (and Alternative Motions if expected):
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I move to reinstate the Building Advisory Committee as a five-member committee, incorporating the Board of Appeals, and reappoint the three Building Advisory Committee members to the terms identified within this report.
Environmental Assessment Status: Not applicable
CEQA Review: Not applicable
Deadline for Action: 08/17/2026
Attachments: 1. Member applications
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0080 Agenda Date: 8/17/2026 Agenda #: 4.
Agenda Item Wording:
Notice of completion - Authorize the filing of a notice of completion for the Stonebrook Street culvert in Packwood Creek.
Agenda Date: 08/17/2026
Prepared by:
Estrella Velasquez, Associate Engineer, [email protected], (559)713-4164 Chris Crawford, City Engineer, [email protected], (559)713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559)713-4495 Department Recommendation: Staff recommends that the City Council authorize the filing of a notice of completion for the Stonebrook Street culvert in Packwood Creek.
Summary:
This project included the construction of a double box culvert in Packwood Creek, upstream and downstream erosion control measures, and a headwall to support the existing storm drain pump station located at the site. In addition to these improvements, the project included the installation of sidewalk, concrete barrier, and handrails atop the box culvert to facilitate the future, developmentdriven roadway crossing.
Background Discussion:
In November of 2022, the City Council authorized the City Manager to award the professional design services contract for the design of this project. The project was advertised for construction in August of 2025 and subsequently presented to City Council for approval to have the City Manager award the associated construction contract.
Construction began in October of 2025, with completion anticipated in January of 2026. Due to unforeseen weather conditions and flood release deliveries through Packwood Creek, the project underwent multiple delays and setbacks, resulting in 100% completion in April of 2026.
Change Orders:
The final cost of the construction contract including change orders is $1,239,164.47. Three change orders were processed totaling $35,886.47. Below is a summary of the contract changes:
Change Order Breakdown
Category Cost Percentage
Errors & Omissions (E&O) $49,070.11 3.91%
Utility Conflict (UT) $6,242.46 0.52%
Balance of Quantities (BQ) ($34,596.00) 2.88%
Unforeseen (UN) $15,169.90 1.26%
Change of Scope (CofS) $0.00 0.00%
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File #: 26-0080 Agenda Date: 8/17/2026 Agenda #: 4.
Change Order Breakdown
Category Cost Percentage
Errors & Omissions (E&O) $49,070.11 3.91%
Utility Conflict (UT) $6,242.46 0.52%
Balance of Quantities (BQ) ($34,596.00) 2.88%
Unforeseen (UN) $15,169.90 1.26%
Change of Scope (CofS) $0.00 0.00%
Total: $35,886.47 2.98%
Errors & Omissions (E&O):
During construction, a discrepancy was identified between the approved contract plans and the governing Caltrans Standard Plan for box culvert reinforcement. The Caltrans Standard Plan required larger reinforcing bars at closer spacing resulting in additional reinforcing steel.
Utility Conflict (UT):
Field conditions revealed that the existing 12-inch discharge pipe at the stormwater pump station was at a lower elevation than shown in the contract plans, preventing installation of the headwall as designed. The Contractor was directed to extend the pipe and route it through the headwall to accommodate the actual field conditions and maintain the intended discharge function.
Balance of Quantities (BQ):
This change order adjusts the contract amount to reflect final as-constructed quantities. The credit results from reductions in the number of construction notification signs installed and the total square footage of concrete lining placed within the creek bed.
Unforeseen (UN):
To prevent damage to the box culvert from a scheduled water release into Packwood Creek by the Tulare Irrigation District, city staff directed the Contractor to accelerate construction of the box culvert wingwalls ahead of the anticipated flow. This change order compensates the Contractor for overtime and double-time labor premiums incurred to complete the work on an accelerated schedule and protect completed improvements and earthwork.
Fiscal Impact:
The Stonebrook Street culvert crossing improvements at Packwood Creek are funded through the Transportation Impact Fund (241). See below the project funding breakdown.
Stonebrook Street Culvert Crossing at Packwood Creek (CP0043) Project Funding Source
TIF (241) $1,736,000
Total Project Funding $1,736,000
Estimated Project Costs
Consultant Design Services $124,730
Project Management $49,079
Permitting Fees $43,667
Construction $1,203,278
Construction Change Orders (2.98%) $35,886
Construction Management & Inspection $82,325
Construction Services (Material Testing &
Surveying)
$28,522
Ttl Etitd Pjt Ct$1567487
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j
Consultant Design Services $124,730
Project Management $49,079
Permitting Fees $43,667
Construction $1,203,278
Construction Change Orders (2.98%) $35,886
Construction Management & Inspection $82,325
Construction Services (Material Testing &
Surveying)
$28,522
Total Estimated Project Costs $1,567,487
Estimated Remaining Balance $168,513
The remaining balance shown in the above table is from the Transportation Impact Fund (241) and will be returned to the fund.
Prior Council Action:
November 16, 2020 - The City Council authorized the City Manager to award a professional design services contract with Lars Andersen and Associates, Inc., for the design of the Stonebrook Street Culvert at Packwood Creek Project in the amount of $119,230.05.
January 16, 2024 - The City Council adopted Resolution No. 2024-01 adopting the Initial Study and Mitigated Negative Declaration, which found that the proposed project would have no significant environmental impacts with the identified mitigation measures applied to the project under the California Environmental Quality Act (CEQA) (ref: State Clearinghouse No. 2022020164).
September 15, 2025 - The City Council authorized the City Manager to award a construction contract to Synergy Construction & Development Corp. for the Stonebrook Street Culvert at Packwood Creek Project, in the amount of $1,203,278, and authorized an appropriation of $690,000 from the Transportation Impact Fund (241).
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a notice of completion for the Stonebrook Street culvert in Packwood Creek.
Environmental Assessment Status: NEPA Environmental Assessment does not apply.
CEQA Review: Initial Study/Mitigated Negative Declaration, Completed Jan 2024, State Clearinghouse Number 2022020164
Deadline for Action: N/A
Attachments:
1. Location Map
2. Draft Notice of Completion
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
☐
Organizational
☐
Fiscal
☒
Infrastructure &
☐
Quality of
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☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 4 of 4 Printed on 8/14/2026
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Recording requested by and
Please mail instrument to:
City of Visalia
315 E. Acequia Ave.
Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:
STONEBROOK STREET CULVERT CROSSING AT PACKWOOD CREEK
PROJECT NO. 2520-72000/CP0043-999
under the contract agreement entered into with Synergy Construction & Development Corp. dated September 30th 2025, as a whole was completed on April 18th 2026, and the City of Visalia hereby accepts said work.
Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date
CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of ______________________________, 20_______, by Christopher Crawford, proved to me on the basis of satisfactory evidence to be the person who appeared before me. ___________________________________
Date
__________________________________________
Notary Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 146
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0083 Agenda Date: 8/17/2026 Agenda #: 5.
Agenda Item Wording:
Award of annual contract for on-call electrical repair services - Authorize the City Manager to award an annual contract for on-call electrical repairs at various city-owned parks and facilities to A-C Electric Company in an annual amount not to exceed $165,000.
Agenda Date: 08/17/2026
Prepared by: Donny MacLennan, Facilities Maintenance Superintendent, 559-713-4525; [email protected]; 559-713-4435; 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 recommends that the City Council authorize the City Manager to award RFB No. 24-25-39, an annual contract for on-call electrical repairs at various city-owned parks and facilities, to A-C Electric Company of Visalia, California, in an annual amount not to exceed $165,000.
Summary:
The proposed contract will provide comprehensive on-call electrical repair, maintenance, replacement, and installation services for electrical systems located at various city-owned parks, recreation facilities, trails, sports fields, and municipal buildings.
Services include troubleshooting and repairing electrical systems; replacing and upgrading electrical panels, wiring, lighting fixtures, poles, switches, outlets, transformers, relays, and circuit breakers; installing new electrical infrastructure; converting existing lighting systems to energy-efficient LED technology; maintaining sports field, pathway, landscape, and restroom lighting; repairing electrical controls, timers, and electronic lock systems; and performing other electrical improvements necessary to maintain safe, reliable, and code-compliant facilities.
Because these electrical systems are critical to public safety, park operations, and the functionality of city facilities, the contract requires the selected contractor to provide 24-hour on-call availability and maintain sufficient staffing to respond to emergency service requests within two (2) hours, seven (7) days per week, including weekends and holidays.
This rapid response capability will help ensure timely restoration of essential electrical systems, minimize service disruptions, address public safety hazards, and support the continued operation of city facilities.
Background Discussion:
On May 12 and May 17, 2026, the City advertised the Request for Bids (RFB) in the Visalia TimesDelta. The RFB was also posted on BidNet Direct, and bid notifications were distributed to Visalia City Council Page 1 of 3 Printed on 8/12/2026
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prospective vendors.
On May 27, 2026, the City conducted a non-mandatory pre-bid meeting in the City Council Chambers to review the project scope, contract requirements, and answer questions from prospective bidders.
On June 10, 2026, the City received bids from three (3) contractors. Staff reviewed each bid for responsiveness, mathematical accuracy, and conformance with the specifications contained in the RFB.
BIDDER SUMMARY
Bidders Name Location Total Bid Amount (Hourly
Rates Combined)
GA Technical Services Glendora, CA $138.71
A-C Electric Company Visalia, CA $168.00
Lighthouse Electrical Clovis, CA $215.00
GA Technical Services submitted the lowest bid. However, during the bid evaluation process, staff determined that the company operates from Glendora, California, and could not satisfy the contract requirement to provide emergency response services within two (2) hours, twenty-four (24) hours per day, seven (7) days per week, including weekends and holidays.
The emergency response requirement is essential because the contract covers electrical infrastructure that supports public safety, park operations, and the continued operation of city facilities. Failure to meet the required response time could result in prolonged service interruptions, increased public safety risks, and delays in restoring critical electrical systems.
Because GA Technical Services could not meet this material contract requirement, staff determined the bid to be non-responsive and recommends award of the contract to the next lowest responsive and responsible bidder, A-C Electric Company of Visalia, California.
A-C Electric Company has successfully performed electrical work for the City of Visalia on previous projects. Staff contacted the references provided by the contractor and confirmed the company’s qualifications, quality of work, and satisfactory performance. Staff verified that the contractor’s Department of Industrial Relations (DIR) registration is current and that its CSLB C-10 (Electrical Contractor) license is active and in good standing. Staff also confirmed that A-C Electric Company is not listed on the Division of Labor Standards Enforcement (DLSE) debarment list.
This agreement is classified as a public works maintenance contract and is subject to all applicable state prevailing wage requirements, including contractor registration with the Department of Industrial Relations, submission of certified payroll records, and compliance with the City’s Labor Compliance Manual, which was included in the contract specifications.
The initial contract term is twelve (12) months, with the option to renew annually for up to four (4) additional one-year terms, subject to satisfactory contractor performance, available funding, and mutual agreement between the City and the contractor.
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Annual price adjustments at each renewal will be based on the Consumer Price Index (CPI), as specified in the contract documents.
Should additional city-owned parks or facilities be incorporated into the contract during its term, compensation for those additions will be calculated using the contractor’s approved unit prices in accordance with the contract provisions.
Fiscal Impact including annual maintenance and operating costs: The fiscal impact for RFB No. 24-25-39, annual contract for on-call electrical repairs at various city-owned parks and facilities, will be allocated from the General Fund account. The contract will primarily be utilized by the Building, Parks, Trails, and Urban Forestry Division and will not require a budget amendment.
Prior Council Action: 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 the annual contract for on-call electrical repairs at various city-owned parks and facilities, to A-C Electric Company of Visalia, California, in an annual amount not to exceed $165,000, and authorize the City Manager to execute all related contract documents.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 08/17/2026
Attachments: Annual Contract for On-Call Electrical Repairs at Various City-Owned Parks and Facilities, RFB 24-25-39, A-C Electric Company’s signed bid form, Exhibit B-6: Ownership Disclosure and California Levine Act Statement, RFB 25-26-36 Bid Summary.
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 8/12/2026
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RFB NO. 24-25-39
Annual Contract for On-Call Electrical Repairs at Various City-Owned Parks and Facilities
CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-39
Annual Contract for On-Call Electrical Repairs
at Various City-Owned Parks and Facilities
BIDS DUE NO LATER THAN 2:00 P.M. on Wednesday, June 10, 2026 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.
PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract, therefore it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner and other requirements listed in the City of Visalia Labor Compliance Manual (attached). All Bidders, Contractors and Subcontractors must be registered with the Department of Industrial Relations.
Advertisement Dates: 5/12/26 & 5/17/26
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Annual Contract for On-Call Electrical Repairs at Various City-Owned Parks and Facilities
Table of Contents
I. DEFINITIONS ............................................................................................................................................................ 3 II. INTRODUCTION ....................................................................................................................................................... 3 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS................................................................................... 3 IV. INSTRUCTIONS......................................................................................................................................................... 6 V. SCOPE OF SERVICES/PROJECT ................................................................................................................................. 7 VI. PRE-BID AND CONTRACT MEETINGS ..................................................................................................................... 11 VII. BID OPENING AND CONFIDENTIALITY ................................................................................................................... 11 VIII. AWARD.................................................................................................................................................................. 11 IX. PROTESTS/APPEALS............................................................................................................................................... 12 X. SPECIAL CONDITIONS ............................................................................................................................................ 12 XI. GENERAL CONDITIONS .......................................................................................................................................... 14 XII. POST AWARD RESPONSIBILITIES ........................................................................................................................... 17 XIII. Exhibits............................................................................................................................................................. 18-20 A. BID FORM .............................................................................................................................................................. 18 BID FORM – PRICING TABLE.................................................................................................................................. 19 B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WHICH MUST ACCOMPANY BID FORM ............ 21-28 B-1 EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE ................................................................ 21 B-2 CERTIFICATE OF NONSEGREGATED FACILITIES............................................................................................... 22 B-3 NON-COLLUSION AFFIDAVIT .......................................................................................................................... 23 B-4 WORKERS’ COMPENSATION INSURANCE CERTIFICATE.................................................................................. 24 B-5 AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE .................................................................. 25 B-6 DISCLOSURES/CALIFORNIA LEVINE ACT COMPLIANCE................................................................................... 26 B-7 DRUG-FREE WORKPLACE CERTIFICATION ...................................................................................................... 27 B-8 IRAN CONTRACTING ACT CERTIFICATION...................................................................................................... 28 C. S A M P L E (does not need to be submitted with Bid/Proposal) .................................................................... 29-34 D. ADDITIONAL ATTACHMENTS.....................................................................................................................................
D-1 CITY OF VISALIA LABOR COMPLIANCE MANUAL (See Attachment)...................................................................
D-2 STATE OF CALIFORNIA PREVAILING WAGE (See Attachment) ...........................................................................
D-3 RECOGNIZED HOLIDAYS (See Attachment) ........................................................................................................ 151
RFB NO. 24-25-39
Annual Contract for On-Call Electrical Repairs at Various City-Owned Parks and Facilities
I. DEFINITIONS
For the purposes of RFB NO. 24-25-39 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. 24-25-39
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an Annual Contract for On-Call Electrical Repair at Various CityOwned Locations. 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.
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." Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of Chapter 9 of Division 3 of the State of California Business and Professions Code. This project requires the Contractor to have a Class C-10, Electrical Contractor. Awarded Contractor shall be required to obtain a City of Visalia Business Tax Certificate. No payment will be made to any Contractor until such license is obtained.
Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014- 13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations Requirements which apply to this project.
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.
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 who 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.
III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS/PUBLIC WORKS CONTRACTOR
REGISTRATION PROGRAM AND PROJECT LABOR AGREEMENTS
Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.
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Annual Contract for On-Call Electrical Repairs at Various City-Owned Parks and Facilities
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors may be rejected as non-responsive.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire 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.
The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .
The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention. In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.
o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for noncompliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location. 153
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The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).
As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070- 3098 may be employed at the apprentice wage rate on public works. Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000). 154
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As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815.
These labor code sections must be included within or as attachments to the contract. o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor.
o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.
Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at: http://www.dir.ca.gov/OPRL/PWD/index.htm and http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp IV. 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: Electrical Repair and Maintenance Services at Various City Owned Locations RFB NO. 24-25-39
Deadline: 2:00 P.M. on Wednesday, June 10, 2026
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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 website: visalia.org/purchasing 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: 5:00 P.M. on Tuesday, June 2, 2026 V. SCOPE OF SERVICES/PROJECT
The successful contractor shall provide all labor, tools, equipment, and materials required to complete satisfactory repairs at various buildings, parks, trails, and other City owned facilities on an as needed basis as requested by the City. Services that may be requested within this solicitation include, but are not limited to:
Rewiring and/or upgrading electrical panels including single-phase 120/208 and 120/240 and 3-phase 120/240 and 277/480
Replace light fixtures in restroom buildings as needed Replace light fixtures in outdoor park and field areas as needed Upgrade standard light fixtures to new LED light fixtures in outdoor park areas, trail areas, or building facilities as needed.
Repair malfunctioning or vandalized light fixtures
Troubleshoot & repair restroom light circuitry/ wiring Troubleshoot & repair outdoor field light circuitry/ wiring 156
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Test lighting circuits
Remove broken/ damaged light poles
Build and install new light poles
Replace lighting relays
Clean light pole lenses
Repair broken/ damaged light poles
Replace light sensors
Replace photocells
Replace light ballasts and light ballast kits
Replace light switches and timers in tennis courts & sports fields Troubleshoot electrical systems to identify malfunctions Locate underground or unknown electrical wires
Repair or replace wiring for various electrical systems Troubleshoot and repair various electrical circuits
Install conduit and wiring
Install wiring for various purposes
Repair timeclocks for lighting or other purposes
Remove and replace timeclocks
Repair or replace electrical outlets
Replace GFCI outlets
Installation of new electrical outlets
Replace broken or missing outlet covers
Install concrete bases or pads for electrical cabinets Install concrete bases or pads for small electrical features Install electrical cabinets
Replace circuit breakers — 15 amp to 200 amp
Replace electrical panels as needed
Disconnect electrical panels from buildings
Repair electric meter panels
Install electric hand driers in restroom buildings
Replace relays for restroom door locks
Install electric lock systems for restroom doors
Repair electric lock systems for restroom doors
Remove and install motion sensors
Install electric contactor in irrigation controllers
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Replace or retrofit T-8 light fixtures (2-lamp and 4-lamp ballasts) Replace or retrofit HID Ballast 50 watt - 1500 watt
Replace light switches
Repair or replace ceiling fans
Install new switches, wiring, and new ceiling fans as requested Replace and retrofit T-8 Lamps
Replace or retrofit Metal Halide Lamps 50 watt - 1500 watt Replace or retrofit HP Sodium 35-watt - 1000-watt
Replace solar panels for trail lighting
Replace batteries for solar lighting on trails
Replace lamps in bollards
Upgrade standard lamps to LED lamps in bollards
Replace or retrofit lamps in City-owned walkway lights Upgrade standard lamps to LED lamps in City-owned Street Lights that may be located in parking lots of City-Owned facilities (i.e. Sports park or City facility) Install step down transformer for irrigation controllers Replace low-voltage transformers
Repair or replace low-voltage landscape light fixtures Repair or replace high-voltage landscape lighting fixtures
PERFORMANCE REQUIREMENTS
1. Response Time and Emergency Availability
• Contractor must have sufficient staff to respond to calls within two (2) hours, seven (7) days a week, including weekends, nights, and holidays.
• Contractor must respond to emergency repair calls within two (2) hours of notification from the Project Manager or contact person.
2. On-Call Availability
• Contractor agrees to provide a twenty-four (24) hour "on-call" employee should an emergency arise. • Contractor agrees to provide the contact number(s) for daytime and “after hours” calls.
3. Emergency Backup
• If the contractor is either unable to or cannot make repairs when requested, the City reserves the right to contact other companies to make the repairs.
4. Overtime Charges
No overtime charges will be accepted unless service is requested for:
• After 5:00 PM Monday through Friday, weekends, or Holidays (see Exhibit D-3 for a list of Holidays for this contract. Overtime for work requested on Holidays listed on Exhibit D-3 shall be paid at Contractor’s regular hourly rate x 1.5 (“time and a half”).
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SAFETY AND COMPLIANCE
1. Regulatory Compliance
Contractor shall be responsible for ensuring that all work performed under this contract conforms to, and complies with, all applicable fire and safety regulations as issued by, but not limited to, the Federal Government, the State of California, and the City of Visalia.
2. Permits
• Contractor shall be responsible for obtaining any required permits.
3. Property and Public Protection
• Contractor shall take all needed precautions to protect the property, both real and personal, of the City and private individuals.
• Contractor shall safeguard the passing public from harm during the course of the work. • Contractor shall ensure that safeguards are in place both during and after work hours.
CONTRACTOR RESPONSIBILITIES
1. Supervision and Control
• Contractor shall give their personal attention to the fulfillment of the contract and keep work under their control.
• No subcontractor will be recognized as such; all persons engaged in the work will be considered employees of the Contractor.
2. Employee Identification
• All employees shall wear uniforms or other identifying clothing to clearly indicate they are employed by the Contractor.
• All routine maintenance vehicles shall have appropriate company identification, visible to all observers.
3. References
• Contractor’s Bid Form shall include a list of a minimum of three (3) accounts for which they are currently providing or have provided service of similar size and scope, in the past three (3) years.
4. Damage and Liability
• Contractor shall be responsible for repairing or replacing, to the satisfaction of the City’s Representative, any damage caused by any willful or negligent act of its employees. • Contractor is also liable for any theft proven to be either committed by its employees or made possible by willful or negligent action of its employees.
5. Misconduct Reimbursement
• Contractor must reimburse any costs incurred by the City of Visalia due to illegal or inappropriate conduct by the Contractor’s employees.
• Such costs shall include, but not be limited to, re-keying or re-coding door locks of facilities.
6. Labor, Materials, and Invoicing
• Contractor shall be responsible for supplying all labor, tools, equipment, and services necessary to make electrical repairs in all City buildings as requested by the City. 159
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• Contractor shall be reimbursed for parts purchased to complete the requested work, based on the itemized statement provided with the invoice.
• All purchase receipts must be included with the itemized invoice in order to be reimbursed. • Mark-up for materials shall not exceed ten percent (10%) and must be supported by itemized receipts.
VI. PRE-BID AND CONTRACT MEETINGS
1. A Non - Mandatory Pre-Bid Meeting. An informational pre-bid teleconference will be held on Wednesday, May 27, 2026, beginning at 1:00 P.M. (PST). The meeting will be held in the City Council Chambers of Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA. Attendance at this meeting is not required to submit a Bid in response to this RFB. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Project Manager: Donny MacLennan
Department: Parks and Recreation – Buildings Division
VII. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Wednesday, June 10, 2026 at 2:00 P.M. in the City Council Chambers of Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA. 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.
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.
VIII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria 160
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set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IX. 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.
X. SPECIAL CONDITIONS
A. PROJECT ADMINISTRATIVE ISSUES
1. Complete Services. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
2. Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
3. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work. 161
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If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period the Project Manager may move forward with issuing a Change Order to adjust the contract price.
4. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced.
5. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.
B. CITY-CONTRACTOR RELATIONS
1. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
2. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent.
3. Project Site/Existing Utilities and Structures.
(a) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like.
(b) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility. iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so.
4. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements.
5. Labor
(a) Workmanship. Workmanship shall be equal to the best general practice of modern day fabrication shops and good construction practice.
(b) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.
6. Control of Materials:
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(a) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project. (b) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(c) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
7. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
8. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
C. LEGAL RESPONSIBILITIES
It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.
XI. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers. The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
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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. 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.
20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only.
They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
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22. Bidders shall satisfy themselves by personal examination of the work site/s, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor 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. Unless specifically called for, no mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Parks and Facilities Division. However, the city’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.
Contract shall be begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications.
Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager at least thirty (30) days (but no sooner than ninety (90) 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.
Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period. In no instance shall the price increase exceed 5%. The contract 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. 165
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30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XII. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.
3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor. 166
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EXHIBIT “A” RFB NO. 24-25-39
Project: Annual Contract for On-Call Electrical Repair and Services at Various City-Owned Parks and Facilities TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-39 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site(s), Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and a City Purchase Order has been issued.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
Bid Award shall be based on the Lowest Hourly Labor Rate. Any quantities given on the Bid Proposal form and/or on any related contract documents are estimates only. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, and reserves the right to increase, decrease or omit a portion of work, as the City deems necessary or advisable, at the prices Bid.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
On-Call Electrical Repair Services at various city locations per specifications of RFB-24-25-39
Hourly Labor Rate
All prices bid include all labor, tools, equipment, transportation, fuel and all applicable taxes, fees and surcharges. $____________per hour (1)_________________________________________________ (2)______________________________________ Bidding Firm Corporation, Partner, Joint Venture
(3)__________________________________________________________________________________________ Business Address City State Zip Code
___________________________________________________________________________________________ Telephone Number Email Address
(4)_________________________________________________________________________________________ Signature of Authorized Person (Date) Type or Print Authorized Person’s Name 167
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PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation. (2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”.
(3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed.
(4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee.
The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
BIDDING CONTRACTOR’S LICENSE INFORMATION:
STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________EXP. DATE:___________ STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the business License Division for clarification of questions at 559-713-4326. 168
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CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) agencies for which BIDDER has performed work similar in size and scope within the past three (3) years. (adjust according to project) REFERENCE 1
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________ REFERENCE 2
NAME OF AGENCY:__________________________________________________CONTACT PERSON:____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________ REFERENCE 3
NAME OF AGENCY:__________________________________________________CONTACT PERSON:_____________________ AGENCY ADDRESS:_________________________________________________PHONE #:_______________________________
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:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ COMPANY NAME:_______________________________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________________TELEPHONE#_______________________________ 169
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EXHIBIT “B-1”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11236)
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 Name:_________________________________________
Business Address:___________________________________________________________________________________________ Signature: _________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-2”
CERTIFICATE OF NON-SEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)
1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; (b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:
NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).
1. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company: ____________________________________________________________________________ Business Address: ____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________ Name of Signing Official (Print or Type) :________________________________ Title of Signing Official:__________________________________________ Company Seal (if any):
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EXHIBIT “B-3”
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
__________________________________________ ________________________ Signature of Person Authorized to submit Bids on behalf of Bidding Agency Date Note: The above Non-collusion Affidavit is part of the Proposal. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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EXHIBIT “B-4”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE COMPLIANCE
(CA LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-5”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any):
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EXHIBIT “B-6”
OWNERSHIP DISCLOSURE AND CALIFORNIA LEVINE ACT STATEMENT The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:
1. submitting a bid or proposal in response to a solicitation by City of Visalia; or
2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
____________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company _________________________________________________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $500 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 The following 175
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EXHIBIT “B-7”
DRUG FREE WORKPLACE CERTIFICATION
STATE OF CALIFORNIA
STD.21 (REV.12-93)
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 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. 176
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EXHIBIT “B-8”
IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1)Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2)A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Consultants 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:______________________________________AgencyName:_________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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Exhibit “C”
S A M P L E CONTRACT (does not need to be submitted with Bid/Proposal) Annual Contract for Electrical Repairs at Various City-Owned Parks and Facilities (City of Visalia Bid No. 24-25-39)
This Agreement, entered into and effective this ________ day of ________________, [YEAR] [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the City’s solicitation of RFB-24-25-29, “Annual Contract for Electrical Repairs at Various City-Owned Parks and Facilities”, and determined to award the contract to CONTRACTOR; and WHEREAS, CONTRACTOR representsit is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement, including complying with all requirements of the Department of Industrial Relations (DIR) and California Labor Codes as specified in the City of Visalia Labor Compliance Manual.
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 NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-39, Electrical Repairs at Various City Owned Parks and Facilities, including all attachments, exhibits and addenda.
Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-39
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. 24-25-39.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
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TASK COMPLETION DATE
Pay Contractor as work is completed 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 shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties. 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 at least thirty (30) days (but no sooner than ninety (90) days) prior to the annual anniversary date of the agreement as specified in the General Conditions of RFB 24-25-39.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Department of Labor Consumer Price Index (CPI) for all Urban Consumers (CPI-U All Cities Average). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period.
In no instance shall the price increase exceed 5%. The contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to Exceed $___________________annually at Contractor’s stated hourly rate.
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from date of approved invoice for completed work 179
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EXHIBIT “C, Attachment 1”
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR: ______________________________ 707 W. Acequia Ave. ______________________________
Visalia, CA 93291 ______________________________
Attention: City Clerk Attention: ______________________ D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
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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. 181
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EXHIBIT “C, Attachment 2”
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or 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.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291 182
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