Agenda packet — Visalia City Council, November 20, 2023 (part 2 of 5)

Extra Work .................................................................................................................20 Removal of Obstructions ...........................................................................................21 Clean Up.....................................................................................................................21 E. City-Contractor Relations..................................................................................................21 Project Manager’s Responsibility and Authority .......................................................21 Contractor/Contractor’s Superintendent ..................................................................21 Project Site/Existing Utilities and Structures.............................................................21 Signs, Barricades and Notice......................................................................................21 Labor (workmanship, qualification)...........................................................................21 Control of Materials...................................................................................................22 Storage of Materials ..................................................................................................22 Materials and Shop Drawing Submittals....................................................................22 Legal Responsibilities.................................................................................................22 X. Forms (Must be completed and submitted with Proposal) .................................................. 23-33 Contractor’s Information......................................................................................................................23 Subcontractor Information..............................................................................................................23,24 Proposer’s Statement on Previous Contracts Subject to Equal Employment Compliance...................25 Equal Employment Opportunity Compliance Certificate .....................................................................26 Certificate of Non-Segregated Facilities...............................................................................................27 Non-Collusion Affidavit.........................................................................................................................28 Workers Compensation Insurance Certificate......................................................................................29 Certification of Anti-Kickback Compliance ...........................................................................................30 Americans with Disabilities Act Compliance.........................................................................................31 Ownership Disclosure...........................................................................................................................32 Drug-Free Workplace Certificate..........................................................................................................33 Iran Contracting Act..............................................................................................................................34 Levine Act Statement ...........................................................................................................................35 Additional Attachments
Sample Contract (Informational only - do not submit with Proposal) Labor Compliance Manual
Sample Contractor’s Affidavit (informational only)
Riverway Sports Park Jim Byrd Playground Site
City of Visalia Labor Compliance Manual
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I. DEFINITIONS
For the purposes of this RFP NO. 22-23-33, 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 Proposal.

5. “RFP” means Request for Proposal No. 22-23-33.

II. INTRODUCTION
A. Information
The City of Visalia is requesting proposals from qualified firms to provide the design, installation of new playground equipment and safety inspection for one (1) playground structure in Visalia, California. Interested Proposers must propose on all items in the project for which a proposal is being submitted.

Mandatory Conferences: Mandatory Conferences: Two mandatory conferences have been scheduled for this project as follows:

Wednesday, June 14, 2023, beginning at 11:00 A.M. and Thursday, June 15, 2023, at 10:00 A.M.

Interested Proposers are required to attend at least one of the mandatory conferences to be considered eligible to submit a proposal. Each meeting will begin at City of Visalia Council Chambers, 707 W. Acequia Avenue, Visalia, CA. At the conclusion of the meeting, Interested Proposers will have an opportunity to visit the project jobsite: Riverway Sports Park Playground, 3611 N. Dinuba Blvd., Visalia, CA. Transportation will be the responsibility of the Contractor.

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

Any revisions to the Request for Proposals will be issued and distributed as addenda. Proposers are specifically directed not to contact any other City personnel for meetings, conferences or technical discussions related to this Request for Proposal. Failure to adhere to this policy may be grounds for rejection of proposals.

B. Purpose, Objective and Services to be Provided
Visalia is located east of State Highway 99 and along State Highway 198. The City’s population is approximately 140,000. Its incorporated area covers approximately 36 square miles. The purpose of this project contract is to provide the City of Visalia with the highest quality playground structure expected by the City’s residents, City Council, City staff, and visitors of the community. The selected firm will work closely with 155

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the Project Manager and other City staff to insure the most durable, playable, and unique playground design for the City of Visalia, its residents and visitors.

C. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public ..................................................................................................05/30/23 Proposer Conference #1 at 707 W. Acequia Ave. @ 11:00 a.m., .......................................06/14/23 Proposer Conference #2 at 707 W. Acequia Ave. @ 10:00 a.m., ......................................06/15/23 Deadline for Questions.........................................................................................................06/21/23 RFP due at 2:00 pm at 707 W Acequia................................................................................06/30/23 Short list established and vendors notified ...................................................................................tbd Interviews/Presentations with short-listed vendors (if required) ...................................................tbd Award of Contract @ City Council Meeting...................................................................................tbd Contract Begins...........................................................................upon contract being fully executed Italicized items and dates are at the City’s option. The City reserves the right to award contract solely on the basis of proposal content.

III. SCOPE OF SERVICES
A. Required Products
Riverway Sports Park Jim Byrd Playgrounds Structure Replacement Work is to include the design and installation of two playgrounds:
• Design of a playground for ages 2 to 5 years and a playground for ages 5 to 12 years (ageappropriate play systems) within the constructed play area boundaries, with minimal to no alterations to existing concrete curbs, equipment footings, landing mats. • A minimum of twelve (12) inches of wood fiber fall zone material. • Installation of all playground equipment.
• Certified safety inspection of completed playground structure. This project will be the final turnkey step in completing the overall Riverway Sports Park Jim Byrd Playground Replacement Project.

Playground Suppliers shall submit a maximum of (2) two designs per age-appropriate playground.

The City of Visalia requires Suppliers to design a play system that meets or exceeds all current federal CPSC, ASTM, IPEMA standards and ADA requirements. The proposals shall include the cost of delivered play systems as designed, inclusive of the equipment structures, components, hardware, details technical installation instructions and maintenance & operations manuals from manufacturer.

The City of Visalia shall be exempt from any liability for costs incurred by unsuccessful Proposers/Suppliers in preparation of the proposal.

B. Services of the Consultant
The City of Visalia will require the consultant to perform the tasks detailed below and in the Introductory Section so that the contract will be completed by the end of the sixty (60) day contract period for the Project.

Awarded Consultant will be required to obtain from the City’s Building Services Division (315 E. Acequia Avenue, Visalia), a Visalia Building Permit for the awarded projects. The City of Visalia will pay for the cost of the building permit, however it is the Awarded Consultant’s responsibility to obtain it. 156

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Awarded Consultant is required to obtain a City of Visalia Business Tax permit from our Business Tax Division, located at 707 W. Acequia Avenue. The cost of business tax permit is the Awarded Consultant’s responsibility.

For more information, call 559-713-4326.

This is a public works contract and therefore, the Awarded Consultant will be responsible for paying State of California prevailing wages for any trade performed that has a designated wage rate. The wages are set forth in the General Prevailing Wage Rates available from the California Department of Industrial Relations’ Internet web site: http://www.dir.ca.gov/dlsr/PWD/index.htm.

Further, the Awarded Consultant will be responsible for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project manager with Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is attached to the Sample Contract included with this RFP (see pg. 43).

Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFP and subsequent contract/s).

C. Consultant Responsibilities

DESIGN ELEMENT GUIDELINES & PLAY SYSTEM SPECIFICATIONS
Suppliers should base their playground equipment designs on meeting all accessibility and safety standards as well as the guidelines & specifications listed in this RFP. Quality of equipment components, quality of design, play value, cost and appropriateness to location and target demographic must be taken into consideration and stay within budget in the design, demo, and construction and inspection of the play system. The budget for the playground replacement project (which includes both play structures) is $300,000.

Riverway Sports Park Jim Byrd 2 to 5 Playground Dimensions for Fall Surface: 152’ x 111’ Approximate Perimeter
Required Items:

1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.

2. Play system must include engineered wood fiber surfacing at a minimum depth of (12) twelve inches over the entire play area.

3. Play system must include wear mats for all equipment as appropriate.

4. Playground Safety Inspection performed by a Certified Playground Inspector to ensure playground is in compliance with all safety requirements.

Play System Features in Priority Order:

5. Provide a minimum of one structure designed for age 2 to 5.

Preferred Play System Qualities:

6. All play system elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.

7. Structures should provide a variety of built-in activity panels and climbers.

8. Play system shall use forest green, tan and chocolate brown as primary colors.

9. Maximum shade coverage designed into structure, or a free-standing shade structure.

Riverway Sports Park Jim Byrd 5 to 12 Playground Dimensions for Fall Surface: 152’ x 111’ Approximate Perimeter.
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Required Items:

1. All play system elements must meet and/or exceed all federal, CPSC, ASTM & IPEMA guidelines.

2. Play system must include engineered wood fiber surfacing at a minimum depth of (12) twelve inches over the entire play area.

3. Play system must include wear mats for all equipment as appropriate.

4. Playground Safety Inspection performed by a Certified Playground Inspector to ensure playground is in compliance with all safety requirements.

Play System Features in Priority Order:

5. Provide a minimum of one structure designed for age 5 to 12.

Preferred Play System Qualities:

6. All play system elements must demonstrate the highest level of durability in materials and finishes selected in consideration of child health and safety.

7. Structures should provide a variety of built-in activity panels and climbers.

8. Play system shall use forest green, tan and chocolate brown as primary colors.

9. Maximum shade coverage designed into structure, or a free-standing shade structure.

In the proposal, provide a list of the components proposed for the Riverway Sports Park Jim Byrd play system.

Include structure and component model numbers, materials, color choices and recommendations, protective area requirements, target age ranges and development levels, target play type or activity, estimated lifetime of equipment including manufactures warranty and any other relevant descriptive information.

Play system design shall safely fit in the playground area as shown on the site plans (Attached). Suppliers are encouraged to be creative in their designs and to maximize the role of unstructured play in their proposals.

Suppliers may submit proposals from non-traditional type playground structures, if desired, in whole or as components of the overall playground.

D. City Responsibilities
• Compensate the consultant as provided in the contract agreement. • Provide a "City Representative" who will represent the City and who will work with the consultant in carrying out the provisions of the RFP.
• Examine documents submitted to the City by the Consultant and timely render decisions pertaining thereto.
• Give reasonably prompt consideration to all matters submitted by the Consultant for approval to the end that there will be no substantial delays in the Consultant's program of work. • City will pay for the cost of the City Building Permit, but the Awarded Consultant is responsible for obtaining the permit from the City’s Buildings Division.

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

A. General Information
• Cover letter referencing Firm name, address, telephone number and email address. 158

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• Account Representative or other person to contact for clarification of any item contained in the proposal.

Include telephone number, fax number and email address if different from above. • Personnel of the Proposer’s Firm must be identified in the proposal with their background and the firm must give assurances of continuity of its personnel. A contact person needs to be identified. • Specify type of organization (individual, partnership, or corporation) and if applicable indicate whether you are:
a. Small Business.
b. Disadvantaged Business.
c. Minority and/or Women-Owned Business.
• Complete and submit the required forms on pages 23-35. • Provide surety information for all sureties – General and Automobile Liability, Professional Liability E/O and Worker’s Compensation.
• References and Referrals
B. Proposed Program Approach
Summarize your approach and understanding of the project and any special considerations of which the City of Visalia should be aware. Indicate clearly, the levels of participation you will expect from City of Visalia staff in the fulfillment of the contract.

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

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

The information in this section will aid the City in the refinement of the scope of work during contract negotiations.

C. Staff Qualifications and Related Experience

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

If your firm intends to subcontract any of the services required under this RFP it should be discussed in this section. Detailed information for each subcontractor must be provided on the Subcontractor List (see pg. 23-24). Note: No work may be subcontracted, nor assigned, without prior written approval of the City of Visalia.

2. Related Experience
Include descriptive information concerning the experience of the firm. Include information about previous projects that might be comparable, including the size and type of projects and the scope of services provided. These projects must demonstrate that the consultant has experience in designing systems with multi use functions effectively blended into neighborhood design. In addition, provide references for the three (3) most comparable projects for which your firm has provided, or currently is providing, similar services in the past three years.

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

Indicate for each of these projects:
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• Name of project or playground
• Project location (address)
• Brief description (type of construction, functional components, special design considerations) • Name of owner/entity
• Name of owner's contact person and telephone number (contact person, who, at the time of RFP submittal, will be employed by the owner)
• Your firm's specific involvement (i.e., engineer, construction contractor, etc.) • The Total contract amount awarded vs the Final Contract amount at end of project. • Status of completion
D. Proposed Fee Structure and Schedules
A Proposed Fee Structure and Schedule shall be provided as a part of the RFP submittal. One (1) original Fee Structure and Schedule are required, no additional copies are needed.

Provide proposed fees, cost information, and recommend a budget plan for all services to be provided in the following format:

1. Proposers should review the requirements of this RFP and address all services in this fee schedule that might reasonably be expected to support each project. Indicate how the City will be invoiced for services, i.e., unit or hourly costs. This information should be detailed and broken down for Project A and Project B, type of service and units of work or other applicable measure (for example, staff hours at a certain rate). Proposers should endeavor to provide a comprehensive, fee schedule for each Project being proposed, as the City will not include compensation in the contract for items not addressed. • Include a total cost to provide services, based on the consultant’s fee schedule and the scope of work as outlined in this RFP for each playground structure proposed. This cost will be used as a basis for negotiations.
• Clearly identify all costs for Tasks related to the project for which a proposal is being submitted.
• Clearly identify all trades to be performed and the corresponding State of California prevailing wage determinations for same. The Awarded Contractor will be responsible for uploading certified payroll to the Labor Commissioner and provide the City of Visalia project manager with an affidavit that labor codes and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment.

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

E. Conflict of Interest
• Disclose any financial, business, or other relationship with the City or any member of the City staff that may have an impact on the outcome of the project. • List current clients who may have a financial interest in the outcome of the project.

V. CONSULTANT SELECTION PROCEDURE
Selection of the successful proposal shall be generally based on the information provided by the Vendors in response to the Request for Proposals and any subsequent interviews that may be conducted. Consultant 160

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interviews will be held solely at the option and discretion of the City of Visalia. The process for selection shall occur in the following sequence:
a. Review Proposals
b. Establish a “short list” of three or more firms
c. Interview “short-listed” firms (at the option and discretion of the City) d. Identify best qualified firm
e. Award contract
A project Selection Committee, as deemed necessary, will be formed to evaluate the proposals and to make recommendations to the Visalia City Council. This committee may consist of representatives of the user department, members of the community, members of the Council and the Administrative Services Department, and may include a representative knowledgeable in playground systems from outside of the community.

Composition and creation of this committee, should one be formed, is at the sole discretion of the City. Names of the Committee members, should one be formed, will not be released prior to the time for interviews.

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

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

Criteria Points

1. ADA, ASTM, IPEMA & CPAC compliance Yes/No

2. Proposal addresses design guidelines and specifications, including a list of proposed subcontractors and trades to be performed 0 - 25

3. Quality of design, play value and target demographic 0 - 20

4. Quality and durability of equipment 0 - 20

5. Uniqueness of Equipment 0 - 15

6. Reputation and reliability of manufacturer 0 - 10

7. Overall quality of Proposal 0 - 10
Maximum Points: 100
Prior to the award of contract, the City must be assured that the proposer selected has all of the resources required to successfully perform under the contract. This includes, but is not limited to, personnel with the skills required, equipment/materials and financial resources sufficient to provide services called for under this contract. If, during the evaluation process, the City is unable to assure itself of the proposer’s ability to perform under the contract, if awarded, the City has the option of requesting from the proposer, any information that the City deems necessary to determine the proposer’s capabilities. If such information is required, the proposer will be notified and will be permitted seven (7) working days to submit the requested information.

B. Background Check
The City reserves the right to conduct a background inquiry of each proposer which may include the collection of appropriate criminal history information, contractual and business associations and practices, employment histories and reputation in the business community. By submitting a proposal to the City, the proposer consents to such an inquiry and agrees to make available to the City such books and records as the City deems necessary to conduct the inquiry.
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C. Award of Contract
The successful firm will be required to execute a contract with the City of Visalia. A Draft Agreement has been included in this RFP to alert proposers to the provisions generally found in City contracts. The Draft Agreement may be altered from the enclosed form at the discretion of the City and without notice to consultant prior to award of contract. The City does not guarantee that the Final Agreement will duplicate the enclosed Draft Agreement.

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

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

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 Code.

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.

1. Business Tax Certificate
Possession of a City of Visalia Business Tax Certificate is not required to submit a proposal in response to this invitation or if your business is located outside of city limits. However, Contractor shall be required to possess, at his/her own expense, a valid and current City of Visalia Business Tax Certificate, prior to commencing work if located inside city limits. Fee is based on gross receipts for all business transactions in the City of Visalia.

For additional information, contact the City of Visalia at (559) 713-4326.

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

3. Permits
Consultant shall be required to obtain and maintain at his/her own expense, any and all permits, licenses and certifications issued by any federal, state or local governmental agency, pertaining to, and necessary for providing the services required in this Request for Proposals. However, the City of Visalia will pay the cost of the Building Permit, but the Awarded Contractor must obtain the permit from the City of Visalia Buildings Division.

D. Insurance
Indemnification and Insurance
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As respects acts, errors, or omissions in the performance of services, VENDOR agrees to indemnify and hold harmless CITY, its elected and appointed officers, employees, and CITY designated volunteers from and against any and all claims, demands, losses, defense costs, liability or consequential damages arising directly out of Vendor’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement; except to the extent those arise out of the negligence of CITY.

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

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

Without limiting CITY’s right to indemnification, it is agreed that VENDOR shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
• Workers’ Compensation insurance as required by California statutes. • Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable). • Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
• Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City of Visalia, Purchasing Division, 707 W. Acequia, Visalia, CA 93291, with the exception of cancellation for non-payment of premium, in which case ten (10) days’ notice shall be given”
In addition, the Commercial general liability policy required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” “The City of Visalia, its officers, agents, employees, representatives and volunteers are added as additional insured as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.” The successful bidder shall maintain the insurance for the life of the contract. Endorsements are to be received and approved by the City before work commences. Should Consultant cease to have insurance as required during any time, all work by Consultant pursuant to this agreement shall cease until insurance acceptable to the City is provided.
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In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:

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

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

3. Terminate this Agreement.

VII. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE

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

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

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

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

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

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

B. Rejection of Proposals
The City of Visalia reserves the right to reject any or all proposals; to waive any requirements, both the City's and those proposed by the vendor; to waive any irregularities or informalities in any proposal or the RFP process when it is in the best interest of the City to do so; to negotiate for the modification of any proposal with 164

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mutual consent of the proposer; to re-advertise for proposals, if desired; to sit and act as sole judge of the merit and qualifications of the service offered and; to evaluate in its absolute discretion, the proposal of each vendor, so as to select the vendor which best serves the requirements of the City, thus insuring that the best interest of the City will be served. Proposer’s past performance and the City's assurance that each proposer will provide service as proposal, will be taken into consideration when proposals are being evaluated.

The City may make such investigation as it deems necessary to determine the ability of a proposer to furnish the required services, and the proposer will furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any proposal if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of a contract and to deliver the services contemplated herein or; the proposal of any proposer who has previously failed to perform properly, or complete on time, contracts of a similar nature. Any material misrepresentation or material falsification of information provided to the City in the proposer’s proposal submission, or at any point in the proposal evaluation process, including any interview conducted, is grounds for rejection of the proposal. In the event that the misrepresentation or falsification is not discovered until after any agreement is awarded, the agreement may be terminated at that time. A determination as to whether a misrepresentation or falsification of the proposal submission is material shall be made solely in the exercise of the City’s sound discretion. The City expressly reserves the right to reject the proposal of any proposer who is in default on the payment of taxes, licenses or other moneys due to the City of Visalia.

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

Proposals will be evaluated by a Selection Committee. The City reserves the right to make the selection of a proposer based on any or all factors of value, whether quantitatively identifiable or not, including, but not limited to, the anticipated initiative and ability of the proposer to perform the services set forth herein.

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

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

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

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

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

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

6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the proposer, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract. 165

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D. Proposal Pricing Guidelines
Proposer shall provide proposed fees and cost information as a part of this Request for Proposals. Proposed fees shall be submitted under separate, sealed cover.

E. Assignment of Contract
No assignment by the vendor of the contract or any part hereof, or of funds to be received there under, will be binding upon the City unless such assignment had prior written approval and consent of the City. In the event the City gives such consent, the terms and conditions of the agreement shall apply to and bind the party or parties to whom such work is assigned, sublet or transferred.

The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

F. Right to Require Performance
The failure of the City at any time to require performance by the proposer of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

G. Ethics in Public Contracting
Each proposer, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the proposer certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other proposer in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value. The proposer further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Visalia.

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

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

H. Equal Employment Opportunity
During the performance of the contract, proposer agrees to the following:

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

2. Proposer shall not discriminate against any employee or applicant for employment on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the proposer. The proposer agrees to post in conspicuous places, visible to the employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 166

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

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

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

Proposal prices and information submitted by proposers will be made available to proposers after City Council has approved award of contract. Proposers are to indicate any restrictions on the use of data contained in their responses. Those parts of a proposal which are defined by the proposer as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed nonresponsive.

K. Incurring Costs
The City of Visalia is not liable for any cost incurred by proposers in responding to this Request for Proposals.

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

M. Executive Order N-6-22 – Russia Sanctions
Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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VIII. MEASUREMENT AND PAYMENT
A. Billing and Payments
Awarded Vendor is fully responsible for assuring that all services arising from the agreement are billed at the correct and applicable contract prices. The vendor is required to establish and maintain a process to monitor its billing practices and will refund all over-charges that may occur.

In connection with any cash discount offered, time will be computed from the date of complete delivery of the service as specified, or from the date correct invoices are received, if that date is later than the date of delivery. For the purposes of earning the discount, payment is deemed to be made on the date of the mailing of the City check.

The City of Visalia shall withhold retention in the amount of 5% of invoiced amount for completed work. Retention shall be held until 35 days after the filing of a Notice of Completion.

IX. SPECIAL CONDITIONS APPLICABLE TO THIS PUBLIC WORKS

CONTRACT
A. Department of Industrial Relations Requirements and
Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a Public Works Project. All contractors and subcontractors (including Consultants and Sub-Consultants) bidding and performing work on Public Works Projects must: (1) Be currently registered with the California Department of Industrial Relations (DIR), and (2) Furnish electronic payroll records for new projects to the Labor Commissioner.

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 or list unregistered subcontractors will be rejected as non-responsive.

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

B. City of Visalia Labor Compliance Manual
Consultant shall fulfill requirements of Department of Industrial Relations and California Labor Codes by complying with the City of Visalia Labor Compliance Manual which is incorporated into his RFP and subsequent contract as an attachment and available at visaliapurchasing.org. Executed contract will include a hard copy of this document. 168

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C. Required Bonds
Awarded Consultant shall be required to submit a Performance Bond in the amount of one hundred percent (100%) of the agreement, as surety condition for the full, complete and faithful performance of the agreement. In addition, Awarded Consultant shall be required to furnish a Labor and Materials Bond in the amount of one hundred percent (100%) of the agreement if subcontractors are proposed to be used to complete this project.

According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

D. Project Administrative Issues

1. Complete Project
The successful consultant shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFP. It is the intent of this RFP and related agreement to describe a functionally complete project.

2. Quantities/Change Orders
The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes which are for work within the general scope of the contract shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.

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. Omitted Items
Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.

4. 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 the 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.
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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.

5. 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.

6. 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.

E. 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: temporary or permanent fencing, 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.
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6. Control of Materials
(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. Contractor assumes full responsibility for ensuring that the project and materials are protected until project is completed.

Any cost for storage of materials is the responsibility of the Contractor.

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.

9. 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. The 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. 171

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REQUIRED INFORMATION

PROPOSING AGENCY NAME:__________________________
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.

SUBCONTRACTOR LISTING
The Proposer hereby designates below for the project, opposite various portions of the work, the names, and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

SUBCONTRACTOR INFORAMTION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:
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DIR Registration # Drywall Finisher Millwrights

3. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

4. Subcontractor
Name:

Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

5. Subcontractor
Name:

Email Address:

CSLB # Expires:

DIR Registration #
If this page is not needed, please line through and submit with proposal.

If more space is needed to list additional subcontractors and trade classifications, please list remaining subcontractors on a separate sheet of paper (providing all of the requested information for each subcontractor) and submit with Proposal.
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PROPOSER’S STATEMENT ON PREVIOUS CONTRACTS

SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11426)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

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

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

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal (if any) :
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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:

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

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

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

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

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

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

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

Company Name:____________________________ Business Address:_________________________________________ Signature: _______________________________________Date:____________ Name & Title of Signing Official (Print or Type):_____________________________ _____________________ Name Title
Company Seal (if any):
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CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/PROPOSERS and 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 TO 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).

4. 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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NON-COLLUSION AFFIDAVIT

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
_________________________, being first duly sworn, deposes and says that he or she is _________ of __________ the party making the foregoing Bid; that the 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; that 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.

State of California
County of ________________________
On this __________ day of _______________before me, ___________________________________________, a Notary Public, personally appeared ____________________________________________,who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct
WITNESS my hand and official seal. Signature __________________________________ (Seal) 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. 177

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

STATE OF CALIFORNIA )
) ss

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

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CERTIFICATION OF ANTI-KICKBACK COMPLIANCE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) By submission of a Bid, the BIDDER certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to AntiKickback Compliance.

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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.

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CITY OF VISALIA, CA
Ownership Disclosure for Contractors and Consultants
NAMES OF PRINCIPALS, PARTNERS, AND/OR TRUSTEES:

Firm Name: _________________________________________________________ Firm 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:

Submitted by: Name __________________________________________________________ Date __________________________________________________________ 181

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STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
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 OF PERSON SIGNING
PROPOSING 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.
182

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IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. ⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000 over the life of the contract (up to 5 years).

Signature:____________________________________ Printed Name:_________________________ Title:______________________________________ Agency Name:_____________________________ Date:____________________
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years. 183

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CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Answering YES to the question above does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
________________________________________________ __________ Signature of Authorized Individual Date
_________________________________________________
Printed or Typed Name of Authorized Individual
_________________________________________________
Print or Type Name of Company
184

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PLAYGROUND STRUCTURES REPLACEMENT PROJECT
(VISALIA RIVERWAY SPORTS PARK - JIM BYRD PLAYGROUND)
(City of Visalia RFP No 22-23-33)
This Agreement, entered into and effective this ______ day of _______, 2023, by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “VENDOR”, “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, VENDOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires Playground Replacement Services at Riverway Sports Park (Jim Byrd Playground) as evidenced by RFP No. 22-23-33, Playground Replacements Project; and WHEREAS, City of Visalia reviewed and evaluated responses to the Proposal and determined to award a contract to VENDOR for the Playground Replacements Project at Riverway Sports Park Jim Byrd Playground and WHEREAS, VENDOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement,
NOW, THEREFORE, CITY and VENDOR 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 indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. 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 RFP 22-23-33, Playground Replacement Project (name/location of playground identified here)
Attachment 4 Vendor’s proposal in response to RFP No. 22-23-33 Attachment 5 Project Cost and Schedule of Fees for Professional Services Attachment 6 City of Visalia Labor Compliance Manual

3. VENDOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation (“Scope of Services”):
185

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A. The CONTRACTOR agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described as Scope of Services in RFP-22-23-33, for the cost identified in Attachment 5 of this Agreement.

B. Additional Services: Incidental work related to the PROJECT and not described in RFP-22-23-33, may be needed during the performance of this Agreement. The CONTRACTOR agrees to provide any and all additional services at the rates identified in Attachment 2 - Schedule of Fees for Professional Services.

Such additional services shall not be performed by CONTRACTOR without the written consent of CITY’s CHANGE ORDER COMMITTEE.

4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services requested; however, CITY shall pay not more than the following amount 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 the monthly report and similar documents presented by CONTRACTOR to CITY.

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

VENDOR
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 VENDOR 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
Cost $ (insert Council Awarded Amount)
Source of Funds: Local Revenues
Payment Schedule: Within 30 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
186

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Attachment 1

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

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

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

CITY OF VISALIA ______________________________
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.

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. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.

3. WARRANTIES: Warranties required by this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion. 187

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CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

CONTRACTOR warrants that title to all work covered by an application for payment will pass to the CITY either by incorporation in the construction or upon the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants and guarantees that title to all work, materials, and equipment covered by any application for payment, whether incorporated in the project or not, will pass to CITY no later than the time of payment free and clear of all liens.

No materials or supplies for the project shall be purchased by the CONTRACTOR or SUBCONTRACTOR subject to any mortgage or under a condition of sale contract or other agreement by which an interest is retained by the seller. CONTRACTOR warrants that it has good title to all materials and supplies used by it in the project, free from all liens.

CONTRACTOR shall indemnify and hold CITY harmless from all claims growing out of the lawful demands of SUBCONTRACTORS, laborers, workers, mechanics, material persons, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, incurred in furtherance of the performance of this Agreement. CONTRACTOR shall, at CITY’s request, furnish satisfactory evidence that all obligations of the nature here and above designated have been paid, discharged, or waived. If CONTRACTOR fails to do so, then CITY may, after having served written notice on the CONTRACTOR, either pay directly unpaid bills, of which the CITY has written notice, or withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged where upon payment to the CONTRACTOR shall be resumed, in accordance of the terms of this Agreement, but in no event shall the provisions of this sentence be construed to impose any obligations on the CITY to either the CONTRACTOR or its surety. In paying any unpaid bills of the CONTRACTOR, the CITY shall be deemed the agent of the CONTRACTOR and any payment so made by the CITY shall be considered as payment made under the contract by the CITY to the CONTRACTOR and the CITY shall not be liable to the CONTRACTOR for any such payments made in good faith.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

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

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

M. 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 188

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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. 189

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Attachment 2

INSURANCE REQUIREMENTS

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

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

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

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.

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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291.

6. Proof of Coverage.

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

City of Visalia Purchasing Division
707 W. Acequia
Visalia, CA 93291
191

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SAMPLE CONTRACTOR AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:

2. During all payroll periods from through ,
(first work date) (last work date)
All persons employed by on this project
(Company)
have at all times been paid, at a minimum, the specified general prevailing rate of per diem wages and any amounts due.

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

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
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CITY OF VISALIA
RFP–22-23-33

PLAYGROUND STRUCTURES REPLACEMENT PROJECT

VISALIA RIVERWAY SPORTS PARK
Proposal Evaluation Form
Instructions: Each evaluator is to review the written proposals submitted and evaluate them. The maximum number of scores that can be given to a category is listed. Additional comments can be added in the section below. Please list Proposer’s Name in the space provided below.

Proposer Name: ___________________________________________________________ Contact: _________________________________________________________________ Criteria Weight
ADA, ASTM, IPEMA & CPAC compliance Yes or No
Proposal addresses design guidelines and specifications, including a list of proposed subcontractors and trades to be performed
0-25
Quality of design, play value and target demographic 0-20 Quality and durability of equipment 0-20
Uniqueness of Equipment 0-15
Reputation and reliability of manufacturer 0-10
Overall quality of Proposal 0-10
100 Points Possible Total:

Comments:___________________________________________________________________ ______________________________________________________________________________ Evaluator’s Name:_________________________________________ Date:__________________ Project Manager is to return all Evaluation Sheets to the Purchasing Division for tabulation and record. 229
Proposer Manufacturer Reviewer Reviewer Reviewer
S. Wagner D. Tillman L. Roggenkamp
Anchor 41 Play Park
Structures 95 100 96
Harmanson
Construction
Option 1
Park Planet
0 85 89
Harmanson
Construction
Option 2
Park Planet
75 98 92
Dave Bang &
Associates Playworld
60 92 93
MRC Gametime
35 93 72
230
Total Score
97 58

88.33333333

81.66666667

66.66666667
231
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0444 Agenda Date: 11/20/2023 Agenda #: 7.

Agenda Item Wording:

Authorize the City Manager to Award the Whitendale Park Arbor Replacement contract to R.E. Schultz Construction, of Orange, CA, for an amount not to exceed $128,965, for the demo and replacement of the three wooden arbors at picnic areas with new steel arbors and fabric covers at Whitendale Park.

Deadline for Action: 11/20/2023
Submitting Department: Community Services
Contact Name and Phone Number: Daryl Tillman, Park Maintenance Supervisor 713-4435; [email protected] <mailto:[email protected]> Alvin Dias, Parks and Facilities Manager 713- 4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713- 4042; [email protected] <mailto:[email protected]> Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the demo and replacement of the three (3) wooden arbors at picnic areas with new steel hipped roof (HIP) style arbors and ultraviolet (UV) resistant fabric covers at Whitendale Park to RE Schultz Construction, of Orange, CA, in the amount of and not to exceed $128,965.00, per specifications of RFB 22-23-32.

Background Discussion:

The wooden framework and overhead slats (roofing) for arbors #1, #2, and #3 are well over 30 years old.

Exposure to weather, irrigation water overspray and use by the community over the years has resulted in deterioration of the wood in all these structures. This decay is obvious and highly visible in the arbors which is creating an unsafe condition. To be proactive and address the condition of the arbors before they become a safety issue, staff is proposing that all three arbors be replaced with steel HIP style structures. The current arbors will be removed and replaced with the new hipped roof (HIP) design which consists of four metal corner posts where all four sides of the roof slope downwards from the peak and suspended overhead ultraviolet (UV) resistant canopies. The Whitendale Park arbors are reserved for various events by the community through the Recreation Office and are heavily used through the spring and summer months. The new design will provide shade and shelter from outdoor elements for community members.

On September 13, 2023, and September 19, 2023, the City solicited bids by advertising in the Visalia Times Delta and the RFB was posted on Bid-Net. The City also emailed the RFB notices to contractors who have requested to be on the construction projects list to participate in this bid process.

On September 27, 2023, a non-mandatory pre-bid meeting was held in the City Council Chambers. A total of four (4) contractors attended the pre-bid meeting. During the pre-bid meeting, staff reviewed the bid specifications, reviewed the mandatory requirements imposed by the State of California Department of Industrial Relations, and answered any questions.

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

On October 12, 2023, the City received bids from four (4) contractors (bid summary below). R. E. Schultz of Visalia City Council Page 1 of 2 Printed on 11/17/2023
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File #: 23-0444 Agenda Date: 11/20/2023 Agenda #: 7.

Orange, CA. was the qualified low bidder for the Whitendale Park Arbor Project. • R.E. Schultz Construction Inc., Orange, CA $128,965.00 • Sage Construction & Development LLC, Tulare, CA $166,537.03 • Anchor 41 Construction LLC, Hanford, CA $183,341.68
• N R Development Inc., Downey, CA $189,500.00
Staff has reviewed the submitted bids, performed reference checks, and is satisfied that R. E. Schultz Construction has the equipment and manpower to complete the Whitendale Park Arbor Project as specified.

This is the first of many American Rescue Plan Act (ARPA) funded projects within Visalia parks, is considered a Public Works maintenance contract and therefore, is subject to State of California prevailing wages, registration with the Department of Industrial Relations and submission on certified payroll to the Labor Commissioner as well as other requirements outlined in the City’s Labor Compliance Manual which was a part of the specifications.

Fiscal Impact:

The fiscal impact for RFB 22-23-32 a construction contract for the demo of existing wooden arbor structures and the installation new steel HIP style arbors and UV resistant fabric covers at Whitendale Park is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $200,000has been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject all bids and go out for another Request for Bids.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the demo of existing wooden arbor structures and the installation new steel HIP style arbors and UV resistant fabric covers at Whitendale Park, to R.E. Schultz Construction Inc., for a not to exceed amount of $128,965.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFP 22-23-32, RFP 22-23-32A1 Addendum, R.E. Schultz Construction Bid Documents, Site Plan.

Visalia City Council Page 2 of 2 Printed on 11/17/2023
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RFB 22-23-32
Whitendale Park Arbor Replacement Project
1 CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 22-23-32
PROJECT:

WHITENDALE PARK ARBOR REPLACEMENT
BID SUBMITTAL DEADLINE: THURSDAY, OCTOBER 12, 2023 AT 2:00 P.M.

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.

This is a Public Works Project, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached).

Advertisement Dates: September 13, 2023
September 19, 2023
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2 TABLE OF CONTENTS
SECTION 1

I. Definitions...............................................................................................................................................................3 II. Project Introduction.................................................................................................................................................3 III. Instructions..............................................................................................................................................................4 IV. Scope Of Work/Project Specifications....................................................................................................................5 V. Pre-Bid And Preconstruction Meetings...................................................................................................................5 VI. Bid Opening And Confidentiality............................................................................................................................6 VII. Award ......................................................................................................................................................................6 VIII. Protests/Appeals......................................................................................................................................................6 IX. Post Award Responsibilities....................................................................................................................................7 X. Special Conditions...................................................................................................................................................7 XI. General Conditions.................................................................................................................................................10 SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 13-33) Bid Form ....................................................................................................................................................................13 Bidding Contractors License Information..................................................................................................................14 Contractors Reference................................................................................................................................................15 Bid Bond ....................................................................................................................................................................15 Subcontractor Listing.................................................................................................................................................16 Business Ownership Disclosure / California Levine Act Statement ..........................................................................17 Signature Page ...........................................................................................................................................................18 Federal and State Requirements / Certifications........................................................................................................20 SECTION 3
Sample Contract.........................................................................................................................................................35 Contract General Provisions – Attachment 1.............................................................................................................37 Contract Insurance Requirements – Attachment 2.....................................................................................................40 ADDITIONAL ATTACHMENTS (Attached Separately)
Exhibit D-1. Wage Designations (State and/or Fed)
Exhibit D-2. City of Visalia Labor Compliance Manual
Exhibit D-3. Plans / Maps/ Drawings
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3 SECTION 1
I. DEFINITIONS
For the purposes of this RFB NO. 22-23-32, 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

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. 22-23-32.

II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to provide all labor, equipment, tools and materials necessary to remove current structures and replace with new shade structures at three (3) arbor locations located at Whitendale Park (500 W. Beech) in Visalia, CA. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA).

Plans & Specifications: Plans and Specifications may be obtained from the Purchasing Division, 707 W. Acequia Street, Visalia, California, by calling (559) 713-4334, or emailing your request to [email protected]. Flash drives, if needed, will be mailed out in U.S. Mail. If plans and specifications are requested to be shipped overnight, the Contractor will be responsible for all shipping charges incurred and will be billed by the shipping company directly.

Contract Dates: Tentative date of award: November 2023. Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed. The Notice to Proceed shall be issued in writing by the Purchasing Department.

Time of Completion: The entire project must be completed within thirty (30) calendar days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.

Budget Estimate for this project is approximately $200,000.

Prevailing Wages: 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 (Federal and State) prevailing wages as specified in this document and attachments.

This project is being funded with federal funds and is subject to the payment of predetermined minimum wages mandated by the Davis-Bacon Act of 1931. A copy of the Federal wage rates is enclosed. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates enclosed with this bid for updates. If changes are made, these will be included as an addendum to this bid request.

This project is subject to the payment of State or Federal wage rates, whichever rate is higher. 236
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4 License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class B State of California Contractor’s license. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid. The Prime Contractor must complete a minimum of sixty percent (60%) of the total amount of work under this contract.

III. INSTRUCTIONS

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

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

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

From: Bidder’s Name
Bidder’s Mailing Address
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
In lower left-hand corner of envelope, mark bid as follows:

PROJECT: Whitendale Park Arbor Replacement Project
RFB NO. 22-23-32
BID SUBMITTAL DEADLINE: Thursday, October 12, 2023 at 2:00 p.m.

4. Submit the entire Section 2 (Bidding and Contract Documents pages 13-33). This section includes bid form, affidavits, required statements, and any other documents that are required to submit a bid. City may not consider Bids which are not accompanied by the required completed forms. In addition, a security deposit of no less than 10% of the Bid amount is required to guarantee the Bid. City will not consider Bids which are not accompanied by the required security. Security may be made by certified check, cashier’s check, or Bidder’s bond. Forfeiture of Bid security shall be governed by California Contract Code Section 20172-20174.

5. Inquiries: Instructions to Vendors, Specifications and Bid Forms may be obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334. To prevent misinterpretations, the Purchasing Division would prefer that all questions regarding this RFB be sent by email to: [email protected].

Deadline for submitting questions regarding this project is: Thursday, October 5, 2023 at 4:00 p.m. 237
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5 IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
The successful contractor shall provide all labor, equipment, tools, and materials necessary to install new tenfoot high at entrance, 4-post HIP-type shade structures and approximately 1,900 square feet of new fabric shade structures at three (3) arbor locations within Whitendale Park, located at 500 W. Beech in Visalia, CA. The work will consist of:
• Removing the three (3) existing wood arbor structures (Nos. 1, 2, & 3 – see Site Plan and Arbor Locations Map, and Site Pictures). Existing pole-mounted electrical conduit and outlets in Arbors 1, 2 & 3 to be mounted in a steel pedestal (see attached pictures). Existing picnic tables and concrete pads to be protected in place. All footing connections to existing concrete slabs must be removed or cut to ground level.
• Furnish and install new fabric shade structures at arbor locations 1, 2, & 3. New fabric shade structures must be provided with a minimum 10-year warranty. Warranty shall cover steel posts, footings, powder coating, and fabrics.
• Shade structures shall include but are not limited to the following items: fabric tops, (color to be selected by City), powder coated steel posts, cables, fasteners, foundations/footings, grout, and base attachments.
• Contractor to provide stamped structural calculations and drawings for shade structures per Building Department requirements.
• Any damage to existing concrete slabs or picnic tables shall be repaired at the expense of the contractor.
• Contractor shall be responsible for clean-up and disposal of all waste materials, including existing wooden arbors.
• Submittals required for fabric material, fabric colors, poles, mounting cables and hardware. • Contractor responsible for payment of building permits and fees. • Work to be performed for Whitendale Park Arbors shall be compensated at the contract Total Bid price and shall include mobilization, furnishing all labor, materials, tools, equipment and incidentals, and for doing all work of demolishing existing arbors and installing new shade structures, in accordance with this RFB and as directed by the City’s Project Manager, and per the City Standard Specifications to provide fully completed improvements. No additional payment will be made therefor.

Awarded Contractor shall provide the City of Visalia Project Manager with Contractor’s affidavit that labor codes were followed, and prevailing wage rates were paid. The affidavit must be submitted to the City Project Manager prior to final payment. A sample Contractor’s Affidavit is included with this RFB (pg. 42).

Consultant shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).

V. PRE-BID MEETING

1. An Informational Pre-Bid meeting will be held:

Wednesday, September 27, 2023
10:00 a.m.

Job Site: 500 W. Beech Avenue
Information on the project will be available during the meeting and time is designated for Contractors to ask questions about the work/contract. 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. 238
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6 VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, October 12, 2023 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

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

After the award, the City intends that its selection process will be open and public. Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.

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

VII. AWARD

1. Most Responsive, Responsible Bidder. A contract shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the lowest bidder whose bid is deemed both responsive and responsible and meets the criteria and specifications set forth in this RFB. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

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

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

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

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

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

IX. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid 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/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors 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. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias
Parks and Facilities Manager

3. 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.

4. Insurance. Contractor shall obtain and maintain the minimum insurance coverage as outlined in the Sample Contract Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project.

5. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: “Payment” and “Performance Bonds” each in the amount of 100% of the contract amount within ten (10) working days of the date of the “Notice of Award”. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

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.

X. SPECIAL CONDITIONS

1. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB. It is the intent of this RFB and related agreement to describe a functionally complete project.

2. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes, in the work as may 240
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8 increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Project Manager within 15 days after the receipt of the approved contract change order and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.

If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.

3. Omitted Items. Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.

4. 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.

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.

5. 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.

6. 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.

7. 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. 241
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9 8. 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.

9. Project Site/Existing Utilities and Structures.
(1) 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. (2) 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.

10. 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.

11. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day fabrication shops and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.

12. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor.

City shall be the sole judge as to the adequacy of any item for substitution. (3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

13.Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.

14.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.

15.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. 242
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10 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 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, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military and veteran status in any consideration leading to the award of contract.

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

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

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

3. Post-Closing Date Corrections are prohibited.

4. 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.

5. 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.

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

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

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

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

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

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

12. 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. 243
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11 13. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

14. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call (559)713- 4326 or email [email protected] for more information.

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

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

17. 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.

18. 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.

19. 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.

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

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

22. Bidders shall satisfy themselves by personal examination of the work site, 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 the contract based on the lowest combination or combinations of bid items and alternate bid items.

24. No mention shall be made in the bid 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. 244
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12 SECTION 2

BIDDING AND CONTRACT DOCUMENTS
Note: This entire section must be submitted with bid (pgs. 13 – 33) 245
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BID FORM RFB NO. 22-23-32
Project: WHITENDALE PARK ARBOR REPLACEMENT PROJECT
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 22-23-32 dated 9/13/2023, 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, 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 prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed will result in forfeiture to the City of the Bid Guarantee accompanying this proposal.

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 the unit prices bid include all appurtenant expenses, taxes, royalties, delivery charges, and any and all fees associated with the project. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to execute a contract and provide bonds 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, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the work within ten (10) calendar days after the effective date of the Notice to Proceed and to complete the work by thirty (30) calendar days after Notice to Proceed, unless extended in writing by the Purchasing Division.

BIDDER shall pay the City LIQUIDATED DAMAGES in the amount of two hundred dollars ($200) a day for each calendar day the project is delayed beyond the “TIME OF COMPLETION DATE”.

Bid Award shall be based on the lowest Total Bid Amount. The quantities given on the Bid Form and any related contract documents are estimates 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 and 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.

BIDDER proposes to furnish Payment and Performance Bonds, each in the amount of one hundred percent (100%) of the bid amount, as surety condition for the full, complete and faithful performance of the agreement. According to City standards the surety company must be either a California Admitted Surety OR current Treasury Listed Surety (Federal Register) to its specified dollar limitation AND a current A.M. Best A: VIII rated surety.

BIDDER agrees to abide by all requirements of the Davis Bacon Act, the Department of Industrial Relations (DIR) and the City of Visalia Labor Compliance Manual, including but not limited to assuring valid DIR registration numbers for all Contractors and Subcontractors performing work under this contract, payment of state and/or federal prevailing wages, and uploading and providing certified payrolls to the Labor Commissioner and the City Project Manager. 246
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Project
Cost Per Arbor
(includes all material, labor,
equipment, delivery, and taxes)
Number of
Arbors
Total Cost
Removal and replacement of arbor structure
(20’ x 26’) $ _____________ 2 $ _____________________
Removal and replacement of arbor structure
(20’ x 45’) $ _____________ 1 $ _____________________
TOTAL BID AMOUNT $ _____________________
In the event of discrepancies between the bid total, summaries of totals and unit price extensions, the unit price correctly extended will control over the summaries of totals, and the summaries of totals correctly added will control over the total, whether the summaries of totals are extended unit prices or lump sums.

BIDDING CONTRACTOR’S LICENSE INFORMATION:

State Contractor’s License #_____________________ Class:____________ Exp. Date:___________ State DIR 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 certificate prior to commencement of work. Contact the Business Tax Division for information at (559) 713-4326 or [email protected].
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CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

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 #:_________________________

BID BOND
Accompanying this bid proposal is a Bid Deposit in the amount of TEN PERCENT (10%) OF THE TOTAL NET BID AMOUNT (or, in bids with Add Alternates, the highest possible combination of the Base Bid plus Add Alternates) in the following form:
[ ] Certified Check [ ] Bidder's Bond
[ ] Cashier's Check [ ] Irrevocable Letter of Credit
[ ] Certificate of Deposit [ ] Annual Bidder's Bond
The Bid Deposit is deposited by the undersigned Bidder with the City of Visalia as a guarantee that the Bidder, if awarded all or part of the Contract, will, within 10 working days from the date the Notice of Award is mailed to the Bidder, execute, and return a Contract furnished by the City. If the Deposit is in the form of an Annual Bidder's Bond, the bond must be heretofore registered with the Purchasing Manager and must be in the amount of not less than the greater of ten percent (10%) of the Total Net Bid Amount or ten percent (10%) of the highest possible combination of the Base Bid plus Add Alternates.

Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Visalia as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Bidder and the corporate surety.
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SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.

Note: If more space is needed to list additional subcontractor and trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

1. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

2. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

3. Subcontractor Name: Performing
_____% of
project
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/flooring
Cement Mason
Drywall
Finisher
Drywall/Lathers
Electricians
Elevator
Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineer
Painters
Pile
Drivers
Pipe Trades
Plasterer
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #
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BUSINESS OWNERSHIP DISCLOSURE
___________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ___________________________________________________________________________________ Address

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

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

The following website contains a list of current Visalia City Council Members:
https://www.visalia.city/government/city_council/default.asp.

You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:

1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____
If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

Council Member(s) Name Date of Contribution(s)
______________________________ ________________________ ______________________________ ________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
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SIGNATURE PAGE
By my signature on this Bid Proposal, I certify, under penalty of perjury under the laws of the State of California, that the foregoing statements and those contained herein are true and correct. Please see instructions on the following page.

BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.) (1) ____________________________________________________ ____________________ Bidding Firm Phone
(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partnership [ ] Other:
(3) ____________________________________________________________________________ Email Address
___________________________________________________________________________ Business Address
____________________________________________________________________________ City State Zip Code
(4) By:_________________________________________________________________________ Signature of Authorized Person
_________________________________________________________________________ Type or Print Name of Authorized Person and Title
Federal Tax I.D. No.: ___________________________Date: _______________________ 251
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INSTRUCTIONS FOR SIGNATURE PAGE
LINE 1: The name of the Bidder must be the same as that under which a license is issued if a license is required. If the Bidder is a corporation, enter the exact name of the corporation under which it is incorporated; if Bidder is an individual, enter name; if Bidder is an individual operating under a trade name, enter name and dba (trade name in full); if a partnership, enter the correct trade style of the partnership; if a joint venture, enter exact names of entities joining in theventure.

LINE 2: Identify here the character of the name shown under (1), i.e., corporation (including state of incorporation), individual, partnership, or joint venture.

LINE 3: Enter the address and email to which all communications and notices regarding the Bid Proposal and any Contract awarded thereunder are to be addressed.

LINE 4: (a) If the Bidder is a corporation, the Bid Proposal must be signed by an officer or employee authorized to sign Contracts on behalf of the corporation evidenced by inclusion of one of the following certified by the secretary of the corporation, authorizing the officer or employee to sign Contracts.
(b) If Bidder is an individual, he/she must sign the Bid Proposal, or if the Bid Proposal is signed by an employee or agent on behalf of the Bidder, a copy of a power of attorney must be submitted with the Bid Proposal.
(c) If the Bidder is a partnership, the Bid Proposal must be signed by all general partners; or by a general partner(s) authorized to sign Contracts on behalf of the partnership evidenced by inclusion of either a copy of the Partnership Agreement or a recorded Statement of Partnership.
(d) If the Bidder is a joint venture, the Bid Proposal must be signed by all joint venturers; or by a joint venturer authorized to sign Contracts on behalf of the joint venture evidenced by inclusion of either a copy of the Joint Venture Agreement or a recorded Statement of Joint Venture; and ifthe joint ventureris a corporation or a partnership signing on behalf ofthe Joint Venture, then Paragraphs (a) and (c) above apply respectively.

Where Bidder is a partnership or a corporation, the names of all other general partners, or the names of the president and secretary of the corporation, and their business addresses must be typewritten below:

NAME ADDRESS
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FEDERAL AND STATE REQUIREMENTS
All federal procurement requirements provided in Uniform Guidance 2 CFR Part 200 shall be in effect. In addition, the following terms and conditions apply to you, the contractor (including consultants/vendors), as a contractor of the City of Visalia.

The services performed by the awarded Contractor shall be in compliance with all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor’s responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general,
1) The contractor (including all subcontractors) must insert these contract provisions in each lower tier contracts (e.g., subcontract or sub-agreement).
2) The contractor (or subcontractor) must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services.
3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor, or service provider.

1. ACCESS TO RECORDS (42 CFR 420.302)
(A) The Contractor agrees to provide the City of Visalia, the U.S. Department of Treasury, the Comptroller General of the United States, HHS, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed and agrees to cooperate with all such requests. (B) The Contractor agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) 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, Agreement, or Purchase Order.

By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
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3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100 “Employee Information Report EEO-1” prior to award of this contract, agreement, or purchase order.

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

4. BONDING REQUIREMENTS (2 CFR 200.326)
The BIDDER acknowledges the requirement for construction or facility improvement contracts, agreements, or purchase orders or subcontracts exceeding the Simplified Acquisition Threshold. The City of Visalia accepts the bonding policy and requirements in compliance with Federal guidelines as set forth below:
(A) A Bid Guarantee from each bidder equivalent to 10% of the bid price. The Bid Guarantee must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the BIDDER will, upon acceptance of the BID, execute such contractual documents as may be required within the time specified.
(B) A Performance Bond on the part of the CONTRACTOR for 100% of the contract price. A Performance Bond is one executed in connection with a contract to secure fulfillment of all the contractor’s requirement under such contract.
(C) A Payment Bond on the part of the CONTRACTOR for 100% of the contract price. A Payment Bond is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole orin part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 254
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6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, 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. (B) 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 o the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED 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, semiannually, or annually). (D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

8. CERTIFICATION REGARDING COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS The BIDDER hereby assures and certifies that it will comply with the federal requirements, regulations, policies, guidelines, and requirements with respect to the acceptance and use of Federal Funds for this federally assisted project.

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 255
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entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The BIDDER certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the BIDDER understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.

10. CLEAN AIR ACT (42 U.S.C. 7401-7671) & FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. 1251-1387; 49 CFR 18.36) (applies to purchases of more than $150,000) (A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 etseq.
(B) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (C) The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to the City of Visalia and understands and agrees that the City will report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 256
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12. COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
CONTRACTOR must comply with the Copeland ‘‘Anti‐Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, ‘‘Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). Under the Copeland ‘‘Anti‐ Kickback’’ Act, the CONTRACTOR and all subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is other‐ wise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

13. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. 3141-3148)
Applies to purchases for construction services in excess of $2,000, then the Contractor must comply with the DavisBacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations. In accordance with the Davis-Bacon Act, the Contractor is required to pay wages to laborers and mechanics at a rate of not less than the prevailing wages specified in a wage determination made by the U.S. Secretary of Labor. In addition, the Contractor is required to pay wages not less than once per week. The City must provide Contractor with a copy of the current prevailing wage determination issued by the U.S. Department of Labor with respect to the services to be provided under the subject Agreement. The Contractor’s execution of the subject Agreement constitutes the Contractor’s acceptance of the wage determination. The City must report all suspected or reported violations to the Federal Awarding Agency.

14. DOMESTIC PREFERENCE STATEMENT (2 CFR 200.322)
As appropriate and to the extent consistent with the law, the BIDDER should, to the greatest extent practicable under a Federal award, provide a preference to the purchase, acquisition, or use of goods, products, or materials produce in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts, agreements, and purchase orders for work or products under this award.

15. DEBARMENT AND SUSPENSION (2 CFR 180; 49 CFR 29, 18.35) (A) This contract is a covered transaction for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none of Contractor’s principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (C) This certification is a material representation of fact relied upon by the City of Visalia. If it is later determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
(D) TheContractor agreesto complywith the requirements of 2CFRpt. 180,subpartCand 2CFRpt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions.
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(E) (Executive Orders 12549 and 12689) — By execution of this Agreement, CONTRACTOR certifies to the CITY that it is not a party listed on the government‐wide exclusions list in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), ‘‘Debarment and Suspension,’’ and is not debarred, suspended, or otherwise excluded from the award of a federally‐supported contract under statutory or regulatory authority other than Executive Order 12549.

16. DRUG-FREE WORKPLACE CERTIFICATION (41 U.S.C. 8103)
The BIDDER certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The BIDDER will:
(A) 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). (B) Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b) to inform employees of all the following:
i. The dangers of drug abuse in the workplace,
ii. The person’s or organization's policy of maintaining a drug-free workplace, iii. Any available counselling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees for drug abuse violations. (C) Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract, agreement, grant, or purchase order:
i. Will receive a copy of the company’s drug-free workplace policy statement, and ii. Will agree to abide by the terms of the company’s statement as a condition of employment on the contract, agreement, grant, or purchase order.
(D) At the elections of the BIDDER or CONTRACTOR, from and after the “Date Executed” and until __________ (NOT TO EXCEED 36 MONTHS), the government agency will regard this certificate as valid for all contracts, agreements, grants, or purchase orders entered into between the BIDDER and this government agency without requiring the BIDDER to provide a new and individual certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, then the terms and conditions of this certificate were separately, specifically, and individually provided for each contract, agreement, or purchase order between the BIDDER and this government agency.

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
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(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR 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 advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remediesinvoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct 259
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as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomesinvolved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the pro‐ gram with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from the CITY; and refer the case to the Department of Justice for appropriate legal proceedings.

18. SEAT BELT USE IN THE UNITED STATES (EXECUTIVE ORDER 13043 & 62 CFR 19217) Contractor is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.) As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. 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
ii. 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) 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. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. 260
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(C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

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, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise). Accordingly, the Contractor hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction, and services. Affirmative steps shall include the following:
(A) Including qualified women’s business enterprises and small and minority businesses on solicitation lists. (B) Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources.
(C) When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises. (D) Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business.
(E) Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business Development Agency of the Department of Commerce; and (F) If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in (A) - (E) above.

For the purposes of these requirements, a Minority Business Enterprise (MBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by members of the following groups: Black, Hispanic, Asian or Pacific Islander, American Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an enterprise that is at least 51 percent owned and controlled in its daily operation by women.

21. NON-COLLUSION AFFIDAVIT (CALIFORNIA PUBLIC CONTRACT CODE SECTION 7106) The BIDDER certifies, under the PENALTY OF PERJURY under the laws of the State of California that the below statement is true and correct:

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that 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 of 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, agreement, or purchase order; 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. 261
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22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

23. PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.323)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance schedule. ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurementguideline-cpg-program. (C) Contractor agrees to comply with all other applicable requirements of Section 6002 - Solid Waste Disposal Act.

24. PROHIBITION ON CERTAIN TELECOMMUNICATIONS & VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (Huawei and ZTE) (FAR 52.204-25)
Contractor is prohibited from obligating or expending loan or grant funds to:
(A) Procure or obtain.
(B) Extend or renew a contract to procure or obtain; or (C) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

25. RECORDS RETENTION (2 CFR 200.334-337)
(A) Contractor must retain all financial records, supporting documents, statistical records, and all other of its records pertinent to this Agreement for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or CITY. The only exceptions to the three-year limit are the following:
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i. If any litigation, claim, or audit is started before the expiration of the 3-year period, then the records must be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.
ii. When the Contractor is notified in writing by the City or Federal awarding agency, cognizant agency for audit, oversight agency for audit, or cognizant agency for indirect costs to extend the retention period.
iii. Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
iv. When records are transferred to or maintained by the City or Federal awarding agency, the 3-year retention requirement is not applicable to the Contractor.

26. REDUCING TEXT MESSAGING WHILE DRIVING (EXECUTIVE ORDER 13513-13513 FR 51225) Contractor is encouraged to adopt and enforce policies that ban text messaging while driving and establish workplace safety policies to decrease accidents caused by distracted drivers.

27. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT (37 CFR 401) Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California 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 will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

29. CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements Notice is hereby given that this is a public works project and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must: Register on an annual basis with the California Department of Industrial Relations (DIR) and furnish electronic payroll records to the Labor Commissioner.

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 or that list unregistered subcontractors will be rejected.

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. 263
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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 its 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 non-compliance 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. ❑ 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). 264
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❑ 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). ❑ 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:
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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 subcontractor’s 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.

ACKNOWLEDGMENT
The official named below acknowledges that they are duly authorized legally to bind the BIDDER/CONTRACTOR to the certifications listed above. They acknowledge that they are fully aware that this certification, executed on the date below, in made under penalty of perjury under Federal and State of California laws.

BIDDER/CONTRACTOR FIRM NAME FEDERAL ID NUMBER
BY (Authorized Signature) DATE EXECUTED

PRINTED NAME OF SIGNER TELEPHONE NUMBER
( )
TITLE
BIDDER/CONTRACTOR FIRM’S MAILING ADDRESS
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34 SECTION 3
Sample Contract
Federal Wage Rates
City of Visalia Labor Compliance Manual
Additional Attachments
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35 SAMPLE CONTRACT

WHITENDALE PARK ARBOR REPLACEMENT PROJECT
(City of Visalia Bid No. 22-23-32)
This Agreement, entered into and effective this ________ day of ________________, 2023 [“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 desires completion of the _____________ Project, which was let to bid on ___________ as evidenced by Bid No. __________ (the “Project”); and
WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

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 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 22-23-32, Whitendale Park Arbor Replacement Project Attachment 4 CONTRACTOR’s bid in response to Bid No. 22-23-32

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 22-23-32 for the stated compensation on or before the stated completion dates.
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36 4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced Within 45 days of receipt of approved invoice.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no 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.
*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

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: $
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
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37 Attachment 1 - CONTRACT GENERAL 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.

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.

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY.

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
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38 3. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the work by CITY, unless otherwise provided in a Certificate of Substantial Completion.

Any defective work that is either corrected or replaced shall be warrantied and guaranteed for a period of one year from the date of such correction or replacement.

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

L. Firearms Prohibited: Guns may not be carried by contractors /vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated. 271
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39 M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. 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.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.

O. Liquidated Damages: City and contractor acknowledge and agree that time is of the essence for this project. Therefore, for each day the project is delayed beyond the agreed completion date of thirty (30) calendar days, it would be extremely difficult and impractical to ascertain the extent of the detriment to city. The parties have determined and agreed that the actual amount of damages that would be suffered by city as a result of any such delay is the sum of two hundred dollars ($200.00) per day, which is a reasonable estimate of the amount of such damages. The payment of such amount as liquidated damages is not intended as a forfeiture or penalty within the meaning of California civil code sections 3275 or 3369 but is intended to constitute liquidated damages to city pursuant to California civil code sections 1671, 1676 and 1677. City hereby waives the provisions of California civil code section 3389. City agrees that these liquidated damages shall be in lieu of any other monetary relief or other remedy for delay, including, without limitation, specific performance, to which city might otherwise be entitled under this agreement, at law or in equity, and shall be city’s sole and exclusive right and remedy, except that city may terminate the agreement. 272
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40 Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

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

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. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
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.
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41 b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

This Proof of Coverage shall then be mailed to the City of Visalia at the following address:

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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42 SAMPLE FINAL PAYMENT AFFIDAVIT
I, declare under penalty of perjury
(Affidavit’s Name)
under the laws of the State of California and the provisions of the California Labor Code §1771, §1773.1, §1775, §1776, §1777.5, §1813 and §1815 that:

1. I am the of and I
(Officer, Owner, Partner) (Company)
am responsible for the payment of persons employed by
(Company)
who performed work on the City of Visalia Project entitled:

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

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
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Addendum No. 01

Page 1 of 6 ends

ADDENDUM NO. 01
Issued: Friday, October 6, 2023
Project: Whitendale Park Arbor Replacement Project
RFB No.: 22-23-32
Bids Due: Thursday, October 12, 2023 @ 2:00 p.m.

Addendum No. 01 is being issued to answer questions received pertaining to the project, to provide a Bid Bond form, and to confirm prevailing wage determinations. This addendum becomes part of the Contract Documents for the above project and must be signed and submitted with the Bid.

ITEM 1: QUESTIONS/RESPONSES
Q1. Are there soils reports available for the site?
R1. There are no soil reports for this site.

Q2. Are there any known conditions that would affect excavation/foundation work (i.e. ground water, rocky soil, sandy soil that results in caving)?
R2. There are no known ground conditions that would affect excavation.

Q3. Does this project require a labor agreement: Project Labor Agreement (PLA), Project Stabilization Agreement (PSA), Skilled and Trained Workforce, etc?
R3. Please see Page 31 of the RFB document that reads:

Q4. This project requires a Bid Bond; however, the City’s bid documents do not have a blank Bid Guarantee form attached. Can you please provide me with a City of Visalia Bid Guarantee form for this project? R4. Please complete the attached forms and submit with bid:
• Bid Proposal Contract
• Bidders Bond
Q5. Regarding the 30-day turnaround time, it takes 4-6 weeks just to fabricate shade structures, not to mention installation. Do you have this lead time built in to your timeframe? R5. We are aware of the lead time to fabricate and receive the shade structures. The 30-day period is for actual construction once all equipment has been delivered for the project.

ITEM 2: UPDATED WAGE DETERMINATIONS
The wage rates were checked on October 4, 2023, and no updates to the rates were posted. However, predetermined increases as posted on the Department of Industrial Relations website shall prevail when applicable.

City of Visalia, CA Purchasing Department
707 West Acequia, Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801 276
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Addendum No. 01

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BIDDER ACKNOWLEDGMENT OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334
Bidder to sign and submit with Bid.

Firm: Date:

By:

Signature
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1 2
3 Shade size approx. 20x26
Shade size approx. 20x26
Shade size approx. 20x45
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SITE PICTURES

WHITENDALE PARK ARBOR REPLACEMENT PROJECT
Arbor 1
320

Arbor 1 – Electrical Outlet Location (view outside post) 321

Arbor 2
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Arbor 2 – Electrical Outlet Location (view outside post) 323

Arbor 3
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0452 Agenda Date: 11/20/2023 Agenda #: 8.

Agenda Item Wording:

Request for approval to appropriate $142,000 from the AT&T Mobility lease set-aside account to the Riverway Sports Park Water Feature Repair Project.

Deadline for Action: 11/20/2023
Submitting Department: Community Services
Contact Name and Phone Number: Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] <mailto:[email protected]> Kelli Kincaid, Community Services Director 713-4042; [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council appropriate $142,000 to repair the Riverway Sports Park water feature project (CP 0096) from the AT&T Mobility lease set-aside account.

Background Discussion:

The City of Visalia entered into an agreement with AT&T Mobility in June of 2013 for the right to lease a portion and install a communications antenna at Riverway Sports Park. The term of the agreement was a five (5) year initial term, with four (4) successive five (5) year options to renew. These terms are set to be renewed automatically on the effective date of the agreement. As part of this lease agreement the City was set to receive a monthly rent payment of $1,200, which increased by 7.5% with each five (5) year renewal. The rent payment is now $1,290 per month and the City has collected, to date $142,710, with these funds being designated for use within Riverway Sports Park.

The Parks and Recreation Department currently has a Capital Improvement Project (CIP0096) for the repair of the recreational water feature (splash pad) within the park. This CIP is for the repair of the existing surface and fountain covers that have become worn from age, exposure to Ultraviolet rays, and usage. Each year the Parks Division spends $4,000 to $5,000 to get the rubber surfacing repaired and the fountain covers secured for the summer season. The Riverway Sports Park splash pad is one the most used amenities in the summer months at the park, and the only functioning splash pad in our park system.

Staff are requesting the funds received from the lease agreement be appropriated to CIP0096, which currently has a balance of $32,600. If the appropriation is approved this would bring the available funds in CIP0096 to $174,600. These funds would be used to demo the existing surface, replace the fountain covers, and install a new concrete finished surface. This would also reduce maintenance by removing the current thin rubber pour-in-place surface which is constantly removed by children and vandalized by individuals. Staff believes the transfer would provide sufficient funds to complete the project.

Visalia City Council Page 1 of 2 Printed on 11/17/2023
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File #: 23-0452 Agenda Date: 11/20/2023 Agenda #: 8.

Fiscal Impact:

Staff is requesting the appropriation of $142,000 for the Riverway Sports Park water feature repair project from the AT&T Mobility Lease Agreement set-aside account.

Prior Council Action: None
Other: N/A
Alternatives: Deny the appropriation and instruct staff to find alternative funding for the repair of the Riverway Sports Park Water Feature.

Recommended Motion (and Alternative Motions if expected):

I move to approve the appropriation of $142,000 for the Riverway Sports Park water feature repair project from the AT&T Mobility lease agreement set-aside account.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: AT&T Mobility Lease Agreement, AT&T Mobility Lease Agreement 2, CIP 0096 Description, Site Pictures
Visalia City Council Page 2 of 2 Printed on 11/17/2023
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0465 Agenda Date: 11/20/2023 Agenda #: 9.

Agenda Item Wording:

Nomination of Council Member Liz Wynn to fill the vacancy representing a “large” city to the San Joaquin Valley Air Pollution Control District Governing Board. (Resolution 2023-57 required).

Deadline for Action: 11/20/2023
Submitting Department: Administration
Contact Name and Phone Number: Michelle Nicholson, Chief Deputy City Clerk, 713-4512.

Department Recommendation:

It is recommended that the Visalia City Council nominate Council Member Liz Wynn to the current vacancy on the San Joaquin Valley Air Pollution Control District (SJVAPCD), with Tulare County.

Background Discussion:

Per the procedures adopted by the Valleywide Special City Selection Committee, Visalia must hold a vote to either nominate the applicant to the Committee for appointment to the district Governing Board or reject the applicant.

On October 3, 2023, the City of Visalia was notified by Katrina Rojas, Deputy Clerk of the Board, on behalf of Samir Sheikh, Executive Director of the San Joaquin Valley Air Pollution Control District regarding the necessity of filling an upcoming vacancy for the Tulare County “Large” City representative.

On October 4, 2023, all Visalia City Council Members were sent individual letters inviting them to apply to be considered as the “large” city representative. The deadline for action was November 3, 2023.

On October 24, 2023, all Visalia City Council were polled regarding their availability to serve on the Board and Council Member Liz Wynn indicated she is interested in continuing as the Tulare County “Large” City representative on the SJVAPCD Governing Board.

Pursuant to the Health and Safety Code Section 40600.5 appointments to the District Governing Board will be made by the San Joaquin Valley Special City Selection Committee (Committee).

According to the procedures adopted by the Committee, the next step in the appointment process is for all cities within Tulare County to select a candidate for the vacant position.

Fiscal Impact: None.

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File #: 23-0465 Agenda Date: 11/20/2023 Agenda #: 9.

Alternatives: Not nominate Council Member Liz Wynn.

Recommended Motion (and Alternative Motions if expected):

I nominate Council Member Liz Wynn to fill the vacancy representing a “large” city to the San Joaquin Valley Air Pollution Control District Governing Board and approve Resolution 2023-57.

Environmental Assessment Status: N/A
CEQA Review: None
Attachments: Resolution 2023-57
Visalia City Council Page 2 of 2 Printed on 11/17/2023
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RESOLUTION NO. 2023-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

NOMINATING LIZ WYNN, CITY OF VISALIA, TO THE SAN JOQAUIN VALLEY AIR

POLLUTION CONTROL DISTRICT GOVERNING BOARD
WHEREAS, Health and Safety Code Section 40600.5 created a Special City Selection Committee for the appointment of city members of the San Joaquin Valley Air Pollution Control District (District) Governing Board; and
WHEREAS, the Special City Selection Committee has adopted procedures and a rotation schedule for making their appointments, and based upon the adopted rotation schedule a city council member representing a “small” city with a population of 100,000 or less from Tulare County shall be appointed to the District Governing Board; and WHEREAS, in selecting a nominee for appointment by the Special City Selection Committee to the District Governing Board, the Visalia City Council considered the application materials from the eligible candidates; and WHEREAS, the vote to select a nominee took place as an item on the publicly noticed agenda and was discussed during the normal city council meeting with time for public comment.

NOW, THEREFORE, BE IT RESOLVED that the Visalia City Council nominates Liz Wynn to the Special City Selection Committee for appointment to the District Governing Board.

PASSED AND ADOPTED: November 20, 2023 LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2023-57 passed and adopted by the Council of the City of Visalia at a regular meeting held on November 20, 2023.

Dated: November 21, 2023 LESLIE B. CAVIGLIA, CITY CLERK By Michelle Nicholson, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0468 Agenda Date: 11/20/2023 Agenda #: 10.

Agenda Item Wording:

Nomination of Council Member Emmanuel Hernandez Soto as the Visalia City Council’s representative on the Tulare County Task Force on Homelessness, appointment of Margie Perez, Housing Specialist as the alternate and appointment of Council Member Liz Wynn to serve as a City representative on the Mid-Kaweah Groundwater Sustainability Agency.

Deadline for Action: 11/20/2022
Submitting Department: Administration
Contact Name and Phone Number: Mayor Brian Poochigian; Michelle Nicholson, Chief Deputy City Clerk, 713-4512.

Department Recommendation: Mayor Brian Poochigian is recommending that the noted Council Members exchange their current Council representation assignments to better fit with interests and schedules. The Mayor is recommending that the Council nominate Council Member Soto to serve on the Tulare County Task Force, subject to approval by the Tulare County Board of Supervisors.

Council Member Soto has a particular interest in that topic, and is able to attend the meetings. It is also recommended that Housing Specialist Margie Perez, who regularly attends the meetings, be nominated as alternate should Council Member Soto not able to attend. Council Member Wynn has been on the Task Force, but due to work obligations, is no longer able to attend the meetings at the current date and time. Therefore, Mayor Poochigian is recommending that she be appointed to the position. Council Member Soto currently holds on the Groundwater Sustainability Agency (GSA) She understands the importance of water to the area and the State regulations that have to be implemented. She is able to generally attend the GSA meetings.

Background Discussion:

The Visalia City Council appoints various representatives to serve on area committees shortly following an election, based on the Mayor’s recommendations. (Current list attached). Due to the schedule conflict noted above, Mayor Poochigian is recommending this switch in assignments for Council consideration.

Fiscal Impact: None
Prior Council Action: Council appointed the original list of Council representatives following the 2022 election.

Other: None.

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File #: 23-0468 Agenda Date: 11/20/2023 Agenda #: 10.

Alternatives: To not change the positions or to approve a different set of appointments.

Recommended Motion (and Alternative Motions if expected):

I move to approve the Mayor’s recommendation to nominate Council Member Soto to the Tulare County Homeless Task Force, and to appoint Council Member Liz Wynn to the Greater Kaweah Groundwater Sustainability Agency.

Environmental Assessment Status: N/A
CEQA Review: None.

Visalia City Council Page 2 of 2 Printed on 11/17/2023
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CITY OF VISALIA

COUNCILMEMBERS
Liz Wynn, Council Member (2024) – District # 1
(2-year short term – reelected 2022)
VOICE MAIL - 713-4400 x 9313
EMAIL – [email protected]
Brett Taylor, Vice Mayor (2024) – District # 2
VOICE MAIL - 713-4400 x 2313
EMAIL – [email protected]
Brian Poochigian, Mayor (2026) – District # 3
VOICE MAIL – 713-4400 x 3313
EMAIL – [email protected]
Emmanuel Hernandez Soto, Council Member (2026) District # 4 VOICE MAIL – 713-4400 x 6313
EMAIL – [email protected]
Steve Nelsen, Council Member (2026) – District # 5
VOICE MAIL – 713-4400 x 7313
EMAIL – [email protected]
Mailing Address:

City of Visalia
220 N. Santa Fe
Visalia, Ca. 93292
Phone (559)713-4512
Fax (559)713-4800
The Visalia City Council meets on the 1st and 3rd Mondays of every month at 4:00 p.m. for Work Sessions and 7:00 p.m. for Regular Council Meetings in the City Hall Council Chambers, 707 W.

Acequia, Visalia.

American Legal - #1022-55100 Leonard Herr – copy (Emma and Daniela) PRA Checks - #1022-48607 Caren Curtis – copy Alma and Vivian Jack & Jeff – #1022-55010 Rachele Berglund – copy Yolanda Grijalva Ken- 372-2400 Ron Statler – copy Alma and Vivian
VPD – 713-4936 (non-ER line)
Elections – 624-7300
Meet Me Conference Line 713-4041
Meet Me Confidential Conference Line 713-4555
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0415 Agenda Date: 11/20/2023 Agenda #: 11.

Agenda Item Wording:

Request Authorization from City Council to enter into contract with JFS Enterprises Inc. for $285,000 to remove permanent vegetation at the Eastside Regional Park, accept grant funding from the Department of Water Resources in the amount of $313,500, and appropriate funds of $346,350 for the project.

Deadline for Action: While there is no deadline for this action, staff is attempting to proceed with this program before the heavy rainy season, historically beginning in early January.

Submitting Department: Administration
Contact Name and Phone Number: Rhett Anderson, (559) 713-4531 Department Recommendation: It is the recommendation of City staff that the Council authorize staff to enter into a contract for land clearing services with JFS Enterprises Inc. for an amount of $285,000; appropriate $346,350 from the Park Impact Fund for the entire project, and accept grant funding from the Department of Water Resources in the amount of $313,500 Background Discussion:

The Department of Water Resources (DWR) is actively working with local agencies to supplement funding for clearing permanent crops in order to permanently develop land to be more suitable for groundwater recharge and flood mitigation. This funding opportunity is being provided through a subset known as the Flood Diversion Equipment and Recharge Enhancement initiative. In March of 2023, the City of Visalia began diverting flood water via pumping out of the Kaweah system in order to alleviate surface water flows that would ultimately deposit to the Tulare Lake Region, causing further damage to the area. The supplemental funding for land clearing, informally referred to as “Rip and Chip”, provided by DWR will aid the City in efforts to remove orchards originally designated for agricultural use, for the purposes of permanent clearing and removal of permanent crops for the purpose of floodwater mitigation during the upcoming flood season and groundwater enhancement.

DWR is willing to put forth funding on the condition that the ground that is cleared using DWR funding will remain non-agricultural and be utilized for floodwater mitigation and groundwater improvement.

While DWR has stated that while the funds are being allocated under an emergency ordinance for flood mitigation and groundwater improvement, they understand that there may not be a risk of flooding in the oncoming water year and will not hold the City inadequate on eligibility of reimbursement should the floodwater not be available for diversion in the oncoming water year of 2024.

The reimbursement program would provide financial assistance to organizations willing to provide funding exclusively for land clearing and mastication of woody vegetation. The parcel is going to be permanently retired from farm ground and redesignated for future public use within the multi-faceted Visalia City Council Page 1 of 4 Printed on 11/17/2023
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File #: 23-0415 Agenda Date: 11/20/2023 Agenda #: 11.

East Side Regional Park project (See Attached). DWR has agreed to reimburse the City of Visalia for the total costs of the contractor to remove and dispose of 40 acres worth of trees, including a 10% buffer incase costs of services increase since the time that the quote was provided to City staff. By utilizing this program, the City can optimize an oncoming projected year of above average precipitation at a reduced financial burden to the City, in which funds that may have been utilized for land clearing pre-construction can now be devoted to efforts of water diversion. There is no obligation on the City to provide the water for recharge, and intends to deposit exclusively floodwater, unless other categories of water are more feasible for the City. Currently, large diameter (larger than 6 inches in diameter intake) diesel powered trash pumps are the most feasible method for diverting water out of Mill Creek and onto the parcel should floodwaters become available. Staff has determined that the language within the proposed contract allows the City of Visalia to receive funding from DWR, even though the entirety of the parcel being cleared will not remain in permanent recharge structures. This was a conversation held early on with DWR, who agreed that because the total permanent recharge area that needs to be developed equates to a total of roughly 40 acres (the same size as the parcel being cleared).

Proposed Orchard for Application:

This program is currently designated for and applicable to 40 acres of established pecan trees owned by the City directly south and adjacent to Mill Creek and directly west and adjacent to Road 152. The APN for this parcel is 103-500-001. The parcel Is currently composed of over 1,100 standing pecan trees. It is estimated by City staff that roughly half of the total volume of organic material within the orchard is already dead. While some trees have experienced 100% mortality, most other trees are partially dead, specifically within the upper half of the canopy. Many of the previously presumed dead trees were able to re-establish themselves after the significant rain events of Water Year 2023, however profitable production is not expected to make a recovery at any point. This area is one parcel of many that will soon become the Eastside Regional Park. Of the multiple parcels that compose the future East Side Regional Park, approximately ~120 acres of fallowed walnuts also occur on the parcels directly north of the respective pecan orchard, also adjacent to Mill creek.

The City is reimbursable so long as the land being fallowed will remain out of use for agricultural purposes. Future project plans of the park have been shared with DWR, who has determined that the respective acreage is eligible for reimbursement for the entire parcel. Flood management and groundwater improvement includes floodwater diversion, managed aquifer recharge (Flood-MAR), or installation of permanent beneficial water projects. The City fully intends to, at minimum, divert water onto the parcels that are cleared for the purposes of flood mitigation and groundwater recharge and improvement should the water resources be available and/or should the City of Visalia require additional capacity be made within the Mill Creek channel in order to alleviate flood risk. The City also recognizes that a portion of the western side of the parcel may be utilized for temporary fill dirt deposition anytime after the spring of 2024. These construction activities will not interfere with floodwater mitigation efforts in water year 2024.

Procurement:

Because this program falls under state of emergency funding through the State of California, DWR has confirmed with City staff that the City is not required to employ a formal bid process to receive funding, and that sole sourcing is an option for the City due to the funding originating as a result of emergency response. Verification from DWR can be found in the attachments, in the form of an email from Steven Springhorn, the Supervising Engineering Geologist for DWR.

Visalia City Council Page 2 of 4 Printed on 11/17/2023
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File #: 23-0415 Agenda Date: 11/20/2023 Agenda #: 11.

While this was an option for the City, staff chose to procure three separate bids, provided by contractors who meet the eligibility requirements of the City of Visalia, and the Department of Water Resources. The three bids have been included as attachments to this report.

Of the three separate bids, pricing was highly variable. Based on pricing and local recommendation, staff is recommending that the lowest bid, provided by JFS Enterprise Inc. be fully considered as the land clearing contractor for this project. JFS Enterprises Inc. quotes the full cost of services to be $285,000. The total project cost, not including staff time or specialized equipment, is fully reimbursable by DWR, including up to a 10% buffer in project cost. Staff anticipates that one piece of specialized equipment will be required to complete the reporting portion of the contract. This equipment is typically referred to as a Well Sounder, and is used to measure depth to groundwater within the well. Staff time has been estimated to be 10% of total project costs, none of which is reimbursable to the City from DWR. Staff time is estimated not to exceed $31,350, or 10% of total project cost. In addition, Staff is requesting to appropriate $346,350.00 from the Park Impact Fund, of which $313,500 is eligible for reimbursement from the grant.

Vendor JFS Enterprises Inc.

Cost of Service: $ 285,000.00
Cost of Service W/ Staff Time: $ 313,500.00
Estimated Staff Time: $ 31,350.00
Estimated Cost of Specialized Equipment: $ 1,500.00
Total Cost: $ 346,350.00
Total Reimbursable Cost: $ 313,500.00
Estimated Total Cost to COV: $ 32,850.00
Appropriation:

Staff came to council on October 16th to request authorization for Resolution 2023-43, which permitted the City to enter into a grant contract with DWR, which was approved buy Council that same meeting. The resolution is attached to this report.

The reimbursement program for floodwater diversions proposed through the Department of Water Resources offers a unique opportunity for the City of Visalia to address flood management challenges in the area while simultaneously recharging groundwater resources. By investing in floodwater diversion infrastructure, the City will experience various benefits in addition to project advancement for the East Side Regional Park, including reduced flood risks to critical infrastructure, enhanced groundwater sustainability, cost savings, and improved environmental conditions.

Considering the advantages outlined above, implementing this program is strongly recommended. It aligns with the city's long-term vision for water resource management, fosters environmental stewardship, and promotes resilience in the face of changing climatic conditions. By seizing this opportunity, the City of Visalia can set an example for other communities facing similar challenges and contribute to a more sustainable and prosperous future.

Staff is returning to Council to request an appropriation of funds not to exceed $346,350.00. As previously stated, staff time is not eligible for reimbursement. The project costs will be initially Visalia City Council Page 3 of 4 Printed on 11/17/2023
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File #: 23-0415 Agenda Date: 11/20/2023 Agenda #: 11.
incurred and paid for by the City. A copy of the invoice would then be submitted to DWR for reimbursement.

Upon approval of the appropriation of funds, staff will proceed to enter into contracts with both DWR and the contractor, JFS Enterprises Inc. Staff is also seeking approval to receive funds for reimbursement from DWR for the purposes of land clearing, as outlined in this report.

Fiscal Impact:

The City of Visalia is eligible for reimbursement for the total cost of mastication and removal of the orchard from the Department of Water Resources. The funding is only available to the vendor for the amount quoted, including a 10% buffer. All funds provided by the Department of Water Resources for the purposes of land clearing services that are not utilized will be returned to the Department of Water Resources. The City of Visalia would be responsible for all staff time, and any other unforeseen additional costs that may be incurred not outlined in the contract. Staff time is estimated to be 10% of the total project costs, totaling $31,350.

Prior Council Action: City Council adopted Resolution 2023-43 on Monday, October 16th 2023 Other: Click or tap here to enter text.

Alternatives: City Council may choose not to authorize staff to enter into contract with DWR and the Vendor. The Council may choose not to appropriate the requested funding. Staff may choose not to accept funding from DWR.

Recommended Motion (and Alternative Motions if expected):

City staff motions for the City Council to award the contract for land clearing services to JFS Enterprises Inc. in the amount of $285,000, authorize the City to accept grant funding, and appropriate $364,350 from the Park Impact Fund.

Environmental Assessment Status: Exempt under executive order N-22-7 CEQA Review: Exempt under executive order N-22-7
Attachments: Resolution 2023-43, JFS Enterprises Inc. - Quote, Anthony Nonini Ag Services - Quote, Fowler Brothers Farming - Quote, Location Map 11, RE_Rip and Chip Funding, DWR_COV_LandClearing_Scope_of_Work_Final
Visalia City Council Page 4 of 4 Printed on 11/17/2023
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362

ESTIMATE
A. Nonini Ag Services Inc
9835 McKinley Ave
Fresno, CA 93723
[email protected]
+1 (559) 840-7399
City Of Visalia
Bill to
Rhett Anderson
City Of Visalia
Estimate details
Estimate no.: 1118
Estimate date: 10/05/2023
Product or service Amount

1. One Way Equipment Move 1 unit × $5,000.00 $5,000.00
Mobilize equipment to job site in Visalia

2. Digging Trees 40 units × $1,800.00 $72,000.00
Removal of Pecan trees by digging tree out using excavator. Root/stump removal down minimum of 12" below soil level. Price per acre at 40 Acres

3. Chipping 40 units × $3,200.00 $128,000.00
Chipping of all woody materials from Pecan orchard. Price per acre at 40 acres

4. Haul Woodchips Away 40 units × $1,250.00 $50,000.00
Removal of woody biomass from site to biomass processing facility. Price per acre at 40 acres

5. Dust Suppression 1 unit × $45,000.00 $45,000.00
Dust suppression to aid in any and all practices that may produce dust from operation

6. Miscellaneous Equipment operation 1 unit × $10,000.00 $10,000.00 Any additional equipment operation necessary to effectively remove and dispose of all woody materials from premise.

Note to customer
All work is subject to Prevailing Wage determinations by DIR.

Contractor DIR #PW-LR-1000998934
Total $310,000.00
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ESTIMATE NO.

ESTIMATE
DATE 10/6/2023
2229
Bill To:

City of Visalia
Job Location: Removal of Pecans
Fowler Brothers Farming Inc.

PO Box 1120
Waterford, CA 95386
Approx. Start Date: ASAP
Phone: 209-232-4402
Total
Invoices will be submitted weekly. Payment is due upon receipt of invoice, but in no event later than two weeks after an invoice has been submitted. All past-due invoices will incur a finance charge of 1.5% per month.

Payment Terms:

Estimate Expiration Date: 10/6/2023
Email: [email protected]
Item Description Qty Rate Amount
40 Acre Project
Removal Services Popping Pecan trees at $1,500 per acre 40 1,725.00 69,000.00 Removal Services Grinding of Pecan trees at $5,000 per acre 40 5,225.00 209,000.00 Removal Services Haul off woodchips at $1,500 per acre 40 1,725.00 69,000.00 Removal Equip Move in Excavator w/popper, Excavator, Grinder and Rake Loader move in, (Estimate only - to be determined by
trucking company)
1 5,750.00 5,750.00
Fuel Sur-Charge Fuel Surcharge 1 8,625.00 8,625.00
Thank you for giving us the opportunity to provide you with an Estimate. Estimates are provided on a best endeavors’ basis, work will be charged based upon the price of services provided by our Company, which may be charged by the hour or acre. Equipment haul fees will be determined by the trucking company invoice. All prices are subject to change.

The customer shall be liable for any unforeseen costs of any additional work or services that need to be provided to rectify any event or situation which arises during the course of the work that is unexpected or is beyond our Company's control. Our Company cannot be held responsible for such events or situations. $361,375.00
364
Basin D:
73134 Sq. Ft.
(1.7 AC)
Basin E:
505227 Sq. Ft.
(11.6 AC)
RD 152 DITCH

MILL CREEK

PACKWOOD

LOCATION MAP
AREA 1: 38 ACRES - PECANS

AT THE EAST SIDE REGIONAL PARK

ATTACHMENT
PROTECT EX. WELL 3

IN PLACE
PROTECT EX. WELL 2

IN PLACE
PROTECT EX. WELL 1

IN PLACE
0 150 300 600
Ft
F
1" = 300 Ft
PARK AREA 1 NET:
1,075,454 Square Feet
(24.7 AC)
365
366
367
368

EXHIBIT A

SCOPE OF WORK

1. Introduction
The intense storms and weather that occurred the first half of Water Year 2023 have resulted in significant snowpack across California, dramatically changing the conditions in many parts of the state from the previous three years of drought. This water year, California had one of the largest snowpacks on record, specifically in the Southern Sierra Nevada, on par with the top 3 snowpack years since 1950. In March 2023, Governor Newsom released two Executive Orders N-4-23 and N-6-23, which enhances flood diversions off high flow rivers caused by snowmelt runoff and increases groundwater recharge by storing water in depleted groundwater basins. Executive Order N-7-23, issued in May 2023, extended the operational period for some of these flood diversion actions until August 31, 2023. These flood diversion provisions were codified in CA Water Code 1242.1. This effort will have a significant impact due to the immense snowpack anticipated to runoff and will help mitigate groundwater depletion due to drought reliance over the past decades. These executive orders direct the Department of Water Resource (DWR) to assist local governments by procuring materials, goods, and services necessary to quickly assist with the response and recovery from these storms.

To help reduce potential flood impact, increase groundwater recharge, and help alleviate constraints brought about by the next drought, DWR has been conducting extensive outreach to local water managers to encourage and support flood diversions.

Many local water managers are maximizing flood diversions into existing water delivery and recharge systems.

However, these districts are seeking state assistance to enhance and expand their flood diversion activities and recharge capacity to continue to mitigate current high flows and take proactive steps to mitigating future high flows. Additional flood diversion and recharge capacity will reduce current and future flooding potential.

For that reason, DWR is securing contracts with local agencies and equipment vendors to deploy Temporary Flood Diversion equipment and land clearing, as needed, to maximize flood diversion and groundwater recharge.

2. Location of Services
The services will be performed within the City of Visalia boundaries.

3. Contract Managers
The Contract Managers during the term of this agreement will be:

Department of Water Resources Contractor
Name: Steven Springhorn Name: Rhett Anderson
Address: 715 P Street,
Sacramento CA, 95814
Address: 220 N Santa Fe
Visalia, CA 93292
Phone: (916) 651-9273 Phone: 559-713-4355
Cell: (916) 291-8758 Cell: 559-567-6722
Email: [email protected] Email: [email protected] Contract Managers may be changed by written notice to the other party.

4. Contractor’s Tasks and Responsibilities
Task 1 Land Clearing
The Contractor will contract with a third-party contractor to remove crops and/or debris from up to 40 acres of previously working or fallowed lands to prepare the land for receiving diverted water for recharge. The land cleared under this contract will be fallowed for development of the City’s Master Planned, East Side Regional Park (ESRP) and Groundwater Recharge Basins. Since the site being cleared is part of the ESRP and Groundwater Recharge Basins project, which is being developed in phases, the 40 acres net across the overall site will be dedicated to groundwater recharge. The Contractor will comply with all applicable laws, regulations, and executive orders. In the event the Contractor does not submit invoices requesting all of the funds encumbered under this Contract, any remaining funds revert to DWR. 369
Task 2 Invoicing
The Contractor will manage the Contract with DWR including compliance with Contract requirements, and preparation and submission of supporting documents and coordination with the DWR Contract Manager. The Contractor will prepare and submit invoices and appropriate backup documentation to the DWR Contract Manager describing the work completed and listing the costs incurred during the billing cycle.

Deliverables:
a. Contractor invoices to DWR
b. Vendor Invoices and proof of payment to vendor
c. Final Invoice
d. Other supporting documents
Task 3 Reporting
The Contractor will submit regular data reports, as specified below, during the operation of the flood diversion and recharge enhancement equipment and for the duration of this contract, or as specified by DWR. The Contractor will also prepare a final Completion Report and submit to DWR for DWR Contract Manager’s comment and review no later than 90 days after completion of work. Details and frequency of data reporting are described below.

The Contractor will:
1) Submit Weekly Electronic Diversion Reporting
a) Weekly diversion reports will be submitted by using the excel workbook template provided by DWR. All fields will be completed as specified in the workbook and updated weekly (no less than every seven (7) days) as needed.
b) Instantaneous and cumulative flow meter values will be recorded immediately prior to the initiation of diversion and will continue to be recorded once each week (no less than every seven (7) days) through the end of diversion.
c) Instantaneous and cumulative flow meter readings will also be recorded immediately prior to the cessation of diversion, for both temporary and permanent cessation. d) If flow meters are not available or operational, flow quantification will be recorded by available means such as check structure and weir calculations, best estimates based on available information, or as specified by DWR. Methodology used to quantify flow will be noted in the excel workbook. 2) Submit Monthly Electronic Groundwater Level Measurements a) No less than monthly, groundwater level measurements will be submitted by using the excel workbook template provided by DWR. Throughout the term of the contract, or as specified by DWR, all fields will be filled out and updated at least monthly as needed.
b) Groundwater monitoring and/or production wells, as determined in collaboration with DWR, must be in the vicinity of the inundated area or the closest known monitoring well(s) to the inundated area. c) Monthly groundwater level measurement data will be entered into the California Statewide Groundwater Elevation Monitoring (CASGEM) or the Sustainable Groundwater Management Act (SGMA) Monitoring Network Module (MNM) portal, as appropriate. DWR staff will assist in entering this data and identifying the appropriate portal for each well.
3) Submit GIS Map Files
a) An initial GIS map file will be submitted, shapefile format, identifying the approximate area(s) to cleared and inundated for groundwater recharge.
b) Updated GIS map files will be submitted as needed with the weekly diversion reporting when the area(s) of inundation change.
c) GIS shapefile should include the following features and attributes:
i) Land clearing areas polygons
(1) Assessor Parcel Numbers
ii) Inundated areas polygons
(1) Assessor Parcel Numbers
iii) Points of Diversions and Monitoring Wells
(1) Latitude and Longitude
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iv) Other features as determined by DWR
4) Project Completion Report
a) Project completion reports will be submitted within 90 days after completion of work for each task. i) The Land Clearing Completion Report (Task 1) will contain:
(1) A final GIS map file, in shapefile format, showing all land clearing areas, anticipated inundated areas, planned points of diversion, and nearby monitoring wells anticipated to be used for groundwater level measurements.
(2) A narrative summary of the completed work, total acres cleared, anticipated diversion volumes, percentage of total diversions/recharge for the district that the land will provide and/or other project information as specified by DWR.
ii) The Reporting Completion Report (Task 3) will contain:
(1) The completed excel workbook capturing all weekly diversion data and at least monthly groundwater level data for the duration of the contract reporting period. (2) A final GIS map file, in shapefile format, showing all land clearing areas, actual inundated areas, points of diversion, and groundwater monitoring wells.
(3) A narrative summary of the completed work, total acres cleared, total diversion volumes, percentage of total diversions for the district that the land clearing contributed, and/or other project information as specified by DWR.

5. Summary of Deliverables
 Invoices
o Contractor Invoice with Vendor Invoices as backup (Word document or PDF) o Proof of payment to vendor and other supporting documents (PDF) o Final Invoice (Word document or PDF)
 Reporting
o Weekly Electronic Diversion Reporting (Excel workbook) o Monthly Electronic Groundwater Level Measurements (Excel workbook) o GIS map files (shapefile)
o Project Completion Reports (Excel workbook and Word Document)

6. Acceptance Criteria
It will be DWR’s sole determination as to whether a deliverable has been successfully completed and is acceptable.

7. DWR and Contractor Tasks and Responsibilities
The Contractor will allow DWR site access to the site(s) where flood diversion and groundwater recharge equipment or activities supported by the contract are in operation and groundwater monitoring wells for the duration of the contract.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0422 Agenda Date: 12/4/2023 Agenda #: 12.

Agenda Item Wording:

Authorize the City Manager to execute an agreement between the City of Visalia and the City of Dinuba for the purpose of providing animal shelter services and animal licensing, and make any additional modifications to this draft agreement, for a 1 year period at a rate of $202,573 with four 1- year renewal options, for a maximum of 5 years totaling $1,012,865.

Deadline for Action: 11/6/2023
Submitting Department: Community Services
Contact Name and Phone Number:

Candace Harrington, Animal Services Manager 713-4682
Department Recommendation:

Background Discussion:

In 2016, the City of Visalia took over operation of the Visalia Animal Care Center (VACC) and also entered into a 10-year contract to continue providing shelter and licensing services to the City of Dinuba. The City of Dinuba employs an Animal Control Officer, and no animal control services are included in this contract. This agreement allowed for the continued use of the VACC by the City of Dinuba for the shelter of animals and provided $56,740 in annual revenue for the Animal Services enterprise fund.

The 2016 contract was for a fixed fee and did not allow annual adjustment for increasing costs. A recent analysis of this contract has shown the need to increase the amount being charged for the services that the City of Visalia is providing. This is due to the original contract being underpriced, and not adequately accounting for inflation and increased operational costs. Correction of this situation has required the existing contract to be ended, and a new contract negotiated. This new agreement, for an annual fee of $202,573 more accurately captures the cost of the services being provided which include licensing and sheltering of animals. This is a 1-year agreement with four available 1-year renewals for a maximum of 5 years of animal services to be provided to the City of Dinuba. This rate is based on the City of Dinuba bringing in a maximum of 400 animals at a charge of $315 per animal for a total of $126,000. Also included is the cost of supporting the City of Dinuba billing and licensing at $76,800 for an overall total of $202,573.

Visalia City Council Page 1 of 2 Printed on 11/17/2023
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File #: 23-0422 Agenda Date: 12/4/2023 Agenda #: 12.

This contract increase is projected to cover increased prices in food, vaccines, medications, veterinary care, cleaning supplies and other shelter necessities which were not taken into account with the original contract. This rate ensures that Dinuba pays for their proportionate share of the animal services operating costs. The proposed contract has been renegotiated with the City of Dinuba and the updated contract parameters and fees for services have been agreed upon to be in line with the cost of services provided.

Fiscal Impact:

Approval of the new contract will result in $202,573 in annual revenue to the Animal Services Enterprise Fund which represents an annual increase of $145,833.

Prior Council Action: September 19, 2016, The Agreement with the City of Dinuba was approved and went into effect on April 24th 2017.

Other: n/a
Alternatives: None
Recommended Motion (and Alternative Motions if expected):

Staff recommends that Council authorize the City Manager to make any additional modifications to this draft agreement and execute a 1-year Animal Shelter Services Agreement with four 1-year agreements for a maximum of 5 years service to be provided to the City of Dinuba for a maximum contract total of $1,012,865. ..end
Environmental Assessment Status: n/a
CEQA Review: n/a
Attachments: Dinuba Animal Services Contract (Attachment A) Visalia City Council Page 2 of 2 Printed on 11/17/2023
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1 Animal Shelter Services Agreement
This AGREEMENT between the City of Visalia (“Visalia”) and the City of Dinuba (“Dinuba”) is hereby effective as of December 1, 2023.

RECITALS
WHEREAS, Dinuba is authorized and empowered to employ contractors and specialists in the performance of its duties and functions; and
WHEREAS, Dinuba has a need for animal shelter services, pursuant to California Health & Safety Code sections 121575, et seq.; and
WHEREAS, Dinuba has a need for a contractor to handle animal licensing services; and
WHEREAS, Visalia will provide animal shelter services to meet the Dinuba’s needs on the terms and conditions set forth herein; and
WHEREAS, Visalia and Dinuba previously entered into an agreement for animal shelter services on April 24, 2017 and Visalia has provided those services; and WHEREAS, Parties have agreed to modify and replace the prior agreement with this revised agreement; and
WHEREAS, Parties agree the prior agreement shall expire on November 30, 2023 and shall be replaced with this revised animal shelter services agreement beginning on December 1, 2023; and
WHEREAS, Dinuba shall pay Visalia all outstanding amounts owed under the prior agreement within thirty days of this new agreement taking effect or as otherwise agreed upon in writing between the Parties.

WHEREAS, Dinuba agrees that it will consider an ordinance that mandates the spaying or neutering of animals, unless the health or age of an animal would prevent alteration, as a condition of being released from an animal shelter. Dinuba shall consider such an ordinance within sixty days of this Agreement being signed. If Dinuba adopts such a requirement, then it will notify Visalia so that it will be implemented for the release of animals being held for Dinuba residents. If Dinuba does not adopt this ordinance, then Visalia may terminate this Agreement on ten days written notice to Dinuba.

NOW, THEREFORE, it is mutually understood and agreed as follows:

ARTICLE 1 - COMPLETE AGREEMENT
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2 This Agreement, including the recitals stated above which are incorporated herein by reference, and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between Visalia and Dinuba and it supersedes all prior representations, understanding and communications.

The invalidity in whole or in part of any provision of this Agreement shall not affect the validity of other provisions.

ARTICLE 2 –STANDARD OF CARE
The standard of care with respect to Visalia’s services hereunder will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality and under the same or similar circumstances.

ARTICLE 3 - INDEPENDENT CONTRACTOR
Visalia relationship to Dinuba in its performance of this Agreement is that of an independent contractor. Visalia may, at it’s own expense, use employees or subcontractors as Visalia deems necessary to perform the services required under this Agreement. The personnel performing services under this Agreement shall at all times be under Visalia’s exclusive direction and control and shall be employees or subcontractors of Visalia and not employees of Dinuba.

Visalia shall pay all wages, salaries, and other amounts due its employees, or subcontractors in connection with the performance of this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers compensation insurance, and similar matters. The personnel performing services under this Agreement shall not be entitled to the rights or benefits afforded to Dinuba employees, including disability or unemployment insurance, workers’ compensation, medical insurance, sick leave, or any other Dinuba employment benefit.

The relationship between Visalia and Dinuba is non-exclusive. Visalia may perform services for, and contract with other clients, persons, or companies.

ARTICLE 4 – DUTIES AND SCOPE OF WORK

4.1 Scope of Work. Subject only to the general policies and direction of Dinuba with regard to animal control operations, and to the provisions and requirements of this Agreement, Visalia shall do all things necessary to provide animal shelter services and animal licensing services for Dinuba. This includes providing space at the Visalia Animal Care Center for sheltering animals from Dinuba. As stated in Exhibit “A” Visalia will designate a specific space in the Animal Care Center for animals from Dinuba.

This Agreement does not include animal control services – Dinuba is responsible for providing its own animal control services.

4.2 Handling of Animals Brought by Dinuba. As described specifically in Exhibit A (Scope of Work), Visalia shall be deemed to be acting on behalf of Dinuba in the capacity of providing animal shelters and any animals sent by Dinuba to the animal 375
3 shelter owned and operated by Visalia shall be deemed to be held in the custody of Dinuba. Visalia shall hold the animals for the time period required by state law, plus an additional two-day period. After the state mandated hold period plus two days, the animals will be humanely euthanized at Dinuba expense or, if Dinuba directs Visalia in writing to continue holding an animal after these time periods, then Visalia shall continue to hold the animal on behalf of Dinuba and the animal will remain the property of and deemed in the custody of Dinuba until Visalia receives further direction as to the handling of the animal from Dinuba. As stated in more detail in Exhibit “A,” Visalia will begin charging Dinuba costs incurred by Visalia after holding an animal for seven days.

These charges will be billed separately from the base services stated in Article 7 of this Agreement.

In no event shall an animal that has been determined to be vicious under the Dinuba Municipal Code be released to Visalia unless such determination is overturned on appeal.

4.3 Adherence to Legal Standards. Visalia shall be solely responsible for ensuring that all animal shelter services provided hereunder are provided in strict conformance with all laws and statutes relating to the humane treatment of animals and safe handling of animals under applicable state and local statutes, ordinances, and regulations.

ARTICLE 5 - CHANGES IN SCOPE OF WORK; AMENDMENT
It is understood and agreed by Visalia and Dinuba that it may be necessary, from time to time during the term of this Agreement, to modify its provisions or to revise the scope and/or extent of Visalia work under this Agreement for the operation and maintenance of the animal control operations. In each such instance, Visalia and Dinuba shall consult with each other and shall come to a mutually acceptable agreement as to the nature of the required modification or revision desired.

ARTICLE 6 - TERM OF AGREEMENT
This AGREEMENT shall become effective December 1, 2023 and shall continue in full force and effect through December 31, 2024.

After this term this Agreement may be renewed for up to four additional one-year (twelve month) terms. Parties agree that each of these one-year extensions shall begin automatically unless a party notifies the other of non-renewal within sixty days prior to the expiration of then current term, unless earlier terminated as herein provided. Parties may agree in writing signed by both Parties to further extend the term of this Agreement.

ARTICLE 7 - COMPENSATION
For the base services performed pursuant to this Agreement, which are described in Exhibit “A” as, Sheltering Services and License Revenue Collection and Reporting, Dinuba agrees to pay, and Visalia agrees to accept, as payment in full an annual contract amount of $202,800.00. Dinuba has agreed to pay this amount annually in twelve equal monthly installments of $16,900.00 beginning on the effective date of this 376
4 Agreement. Payment of each monthly installment shall be due on the 1st of each month and must be received by the 20th day of each month or a late fee of $250.00 shall be charged to Dinuba in addition to the amount owed. If payment is not received, then Dinuba will be in breach of this Agreement and Visalia may terminate the Agreement on fifteen (15) days written notice to Dinuba if the breach is not cured prior to termination.

Upon the anniversary of the effective date of this agreement, Parties agree that all fees in this agreement will be increased by the annual CPI rate. The CPI rate is calculated using the most recent twelve month period closest to the anniversary date of the agreement. For purposes of this section CPI means the United States Department of Labor, Consumer Price Index for All Urban Consumers, US City Average, All items, unadjusted index, or if such index is no longer published, a successor or substitute index designated by Visalia, that tracks changes in consumer prices in this area.

In addition to the base services performed pursuant to this Agreement, Visalia shall bill Dinuba for additional identified specific costs in addition to the base services. These specific costs include the following:
 The costs of euthanizing animals.
 The costs of Visalia providing staff to Dinuba for special events, as requested by Dinuba.
 Cost recovery fee for animals received at Visalia animal shelter after operating hours.
 Cost incurred by Visalia after holding an animal for more than seven days as specified in Exhibit “A”.

Visalia will charge Dinuba for the costs incurred by Visalia in providing these additional services. These amounts shall be recorded and invoiced within thirty days from being incurred by Visalia with a description of the item incurring the costs. Payment is due by Dinuba within thirty days of being invoiced by Visalia. A late payment penalty fee of $250.00 shall be charged to Dinuba if the payment is not made within this time period.

Included in Exhibit “A” to this Agreement is a description of these services, that if provided by Visalia, will be separately charged to Dinuba in addition to the annual fee for base services.

ARTICLE 8 - INSURANCE
With respect to performance of work under this Agreement, Visalia agrees to maintain adequate self-insurance. If Visalia utilizes subcontractors to perform any duties required by Visalia under this Agreement, then it shall require its subcontractors to maintain insurance as described below and shall name Dinuba as additional insurance:

A. Workers’ compensation insurance with statutory limits, and employer’s liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident.

B. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury 377
5 Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable); Evidence of insurance, or self-insurance by Visalia, will be made available to Dinuba upon request.

Dinuba agrees to provide Visalia with proof of insurance that names Visalia as additional insured and indicates that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with the insurance provided. Dinuba must provide proof of insurance coverage for any Dinuba employee or subcontractor that delivers or receives animals to or from Visalia under this Agreement. Dinuba agrees that this insurance may be in the form of self-insurance or insurance policies that meets or exceeds the coverage requirements stated above for any subcontractors used by Visalia, and in addition since Dinuba staff or subcontractors will be utilizing vehicles, Dinuba shall provide proof of comprehensive automobile liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence.

Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.

ARTICLE 9 - INDEMNIFICATION
Visalia hereby agrees to indemnify and hold Dinuba 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 any act or omission, including strict liability or negligence of Visalia, or of anyone acting under Visalia’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.

Dinuba hereby agrees to indemnify and hold Visalia 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 any act or omission, including strict liability or negligence of Dinuba, or of anyone acting under Dinuba’s direction or control or on its behalf, in connection with or incident to, or arising out of the performance of this contract.

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.

ARTICLE 10 - TERMINATION
This AGREEMENT may be terminated by either Visalia or Dinuba in whole or in part, at any time by ninety days written notice from one party to the other.

ARTICLE 11 – EMPLOYMENT REGULATIONS
378
6 All services performed by Visalia pursuant to this Agreement shall be performed in accordance and full compliance with all applicable state and federal laws relating to employment including but not limited to the Fair Labor Standards act, Fair Employment Practices, Equal Opportunity Employment Act and all other applicable Federal and State laws and regulations regarding employment and immigration, including nondiscrimination, compensation, taxation, etc.

Visalia agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, sexual orientation, age, or disability.

ARTICLE 12 – CONFLICT OF INTEREST
Visalia covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement.

ARTICLE 13 – AUDIT; RETENTION OF RECORDS|
Visalia shall allow the authorized representatives of Dinuba to inspect and audit all data and records of Visalia relating to performance under this Agreement. Such audit shall be allowed upon reasonable notice of Dinuba. Further, Visalia shall maintain all required records for three (3) years after final payment under this Agreement and until all other pending matters are closed.

ARTICLE 14 – ACCESS TO RECORDS
Visalia agrees to provide Dinuba or any of their authorized representatives access to any books, documents, papers and records of Visalia, which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions.

Visalia agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

ARTICLE 15 – ATTORNEY’S FEES
In the event it is necessary to institute litigation to enforce any of the terms and conditions of this Agreement, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney’s fees and costs incurred therein, as determined by the court.

ARTICLE 16 – NOTICE
All notices hereunder and communications with respect to this Agreement shall be effected upon the mailing thereof of registered or certified mail return receipt requested and addressed as follows:

FOR Visalia: FOR Dinuba:
379
7 Animal Services Manager City Manager
29016 Highway 99 405 El Monte Way
Visalia, CA93277 Dinuba, CA 93618
ARTICLE 17 – MODIFICATIONS
Modifications to this Agreement shall be in writing signed by both parties, unless explicitly indicated otherwise herein.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.

CITY OF VISALIA CITY OF DINUBA
____________________________ ___________________________ Approved as to Form Approved as to Form
____________________________ ____________________________ City Attorney City Attorney
____________________________
Risk Manager
Exhibits:

A: SCOPE OF WORK
380
8 EXHIBIT “A”

SCOPE OF WORK
SECTION 1 - SHELTERING
Visalia also referred to as “CONTRACTOR” shall perform the duties and accept the responsibilities set forth below in connection with its operation of animal control services. It is the intent of the parties that Visalia shall provide all necessary services to shelter and care for animals delivered by Dinuba’s animal control services to Visalia.

1.1 Sheltering - General
Visalia shall provide Dinuba with animal care for the legally required holding periods, including Stray Hold, Current License and Microchip/Notice of Impound, Protective Custody, Vicious Hold, and Quarantine as required pursuant to Food & Agriculture Code Sections 17006 & Sections 30501-32003 and applicable City of Dinuba Municipal Code provisions, as provided to Visalia by Dinuba.

Below is a list of applicable required holding periods, after each of these holding periods there shall be an additional two-day holding period that the animal shall remain the property of Dinuba and during which time Visalia shall determine whether the animal shall be euthanized at the expense of Dinuba or if Dinuba will direct Visalia to retain the animal for an additional period. Dinuba may instruct Visalia, in writing, to hold an animal after these designated time periods and in these instances the animal will remain the property of Dinuba and held under this Agreement until Dinuba provides alternative instructions to Visalia.

If Visalia euthanizes an animal at the expense of Dinuba, then it shall track the date and cost. Visalia shall bill Dinuba within thirty days of the animal being euthanized. This amount shall be charged separately from the base services fee by Visalia.

Description Duration
Stray Hold Four (4) business days, (not counting the day received) .

Current
License &
Microchip
Notice of
Impound
Six (6) business days, (not counting the day received).

Protective
Custody
Fourteen (14) consecutive days, (not counting the day received) Vicious Hold Thirty (30) consecutive days, (not counting the day received). Hold may be extended pending legal appeals. Any animal that has been determined to be vicious shall be humanely euthanized following exhaustion of any appeal period and shall in no circumstances be released to CONTRACTOR. In the event a vicious determination has been reversed on appeal of the animal owner, subject to a probationary period or otherwise, the animal shall be returned to the property owner and shall not become the 381
9 property of the CONTRACTOR.

Quarantine Ten (10) consecutive days, (not counting the day received) The above hold periods are subject to change based on legal requirements. Business days are Monday through Friday.

Visalia shall bill Dinuba the applicable daily charge from the Visalia rates and fees for holding an animal after an animal has been held for more than seven days. This amount shall be charged separately from the base services fee by Visalia.

1.2 Sick and Injured
Visalia shall provide sick and injured animal care, required vaccinations (DHPP for dogs and FVRCP for cats), microchip implanting of animals redeemed by their owners, and dead animal disposal services pursuant to Penal Code Sections 597f and 597.1.

Sick and injured animal care includes any veterinary cost incurred, or veterinary medications prescribed for animal care for administration, during the mandated holding period; no additional compensation shall be provided by Dinuba for such costs. Visalia will be responsible for ascertaining the basic humane treatment needed.

1.3 Jurisdiction
Visalia shall house animals brought into the shelter by the Dinuba’s residents and Dinuba’s Animal Control Officers.

1.4 Reporting
Visalia shall submit a Monthly report, by the 20th of the following month, which shall include Dinuba animal intake and disposition numbers, specifically listing protective custody, vicious & quarantine holds. Intake and Disposition totals shall list number of animals in each stray hold category. The Monthly Report shall also include a record of all training for ACO’s and any vicious dog hearings attended.

1.5 Shelter/Performance Standards
Visalia shall take reasonable steps to provide temporary care for wild animals and fowl that come into its custody from Dinuba and will attempt to transfer custody of wild animals and fowl to a wildlife care facility or other suitable facility for treatment and rehabilitation. If transfer is not possible, then Visalia will humanely euthanize the animal and charge Dinuba the standard euthanasia fee.

Visalia shall maintain suitable office hours at the animal shelter for the convenience of the public and for any other purpose under the Agreement.

Dinuba employees, performing official functions at the shelter, shall be granted access to animal shelter when Visalia staff are working at the facility. If Dinuba requires access when it is not during normal Visalia operating hours, Visalia shall charge a flat fee of 382
10 $200.00 to Dinuba. This amount shall be charged separately from the base services fee by Visalia.

Visalia may appoint competent and qualified agents for the carrying out of responsibilities under this Agreement.

1.6 Impounding and Sheltering
Visalia shall provide all necessary food, water, shelter and give all basic care and attention to such animals and fowl while they are in the Visalia’s possession and until adopted, placed or otherwise humanely euthanized and disposed of in accordance with federal, state, or local law.

Visalia shall fully cooperate with the Tulare County Health Department by following procedures required by applicable state or local quarantine codes concerning persons or animals bitten by an animal in the City of Dinuba
All animals licensed, redeemed, or adopted at the shelter or clinic shall be microchipped.

Owners of animals may be separately charged by Dinuba for all shelter fees incurred in the impoundment, including, but not limited to: boarding, vaccinations, quarantine & protective custody fees. As stated in Section 2, Visalia will bill these amounts on behalf of Dinuba based on the applicable list of fees provided by Dinuba.

1.7 Service Standards
Visalia shall be responsible for the employment and supervision of all employees necessary to perform animal sheltering operations.

Visalia shall communicate customer care standards and animal care standards to all employees at the time of hire and as part of an ongoing coaching/training program.

Those standards include professionalism, fairness, objectivity, respect and compassionate animal care.

Visalia shall comply with applicable State and federal employment laws, including Section 1735 of the California Labor Code and Title VI of the Civil Rights Act of 1964, as amended.

Nothing in this section shall be construed by either Visalia or Dinuba to be in conflict with the language and intent of Article 4, entitled “Independent Contractor,” of the AGREEMENT of which this Scope of Work is a part.

The maximum number of animals Visalia can take by Dinuba is limited to 400 animals.

If this amount is exceeded, then Visalia will notify Dinuba. After this capacity is reached, then Visalia will only accept animals from Dinuba if there is space and capacity at the animal shelter but an additional charge of $315.00 per animal will be applied in such instances.
383
11 Visalia agrees that, pending applicable scheduling requirements, it can provide special event services onsite to Dinuba, which can include low-cost, or no cost spay and neuter clinics, or animal control assistance to Dinuba staff. Visalia cannot guarantee staff availability to Dinuba for any special event but agrees to reasonably work with Dinuba so that Visalia staff may be available. If Visalia staff are used at a Dinuba special event, then Visalia staff can attend for an additional cost of $250.00 per four hours of staff time, with four hours being the minimum amount charged by Visalia. This amount shall be charged separately from the base services fee by Visalia.

1.8 Animal Care Center Customer Service Assistance
Visalia shall provide customer service staff to support the public counter at the Animal Care Center during hours and days that the Center is open. Duties for such customer service staff shall include, but not be limited to, answering telephones, helping citizens to look for lost animals, etc.

1.9 Emergencies and Natural Disasters
In the event of an emergency or natural disaster, Visalia agrees to work with Dinuba to provide sheltering services and facilities to assist Dinuba in dealing with such incidents.

Visalia may be required to limit services under this Agreement if staffing and animal shelter space become unavailable and shall notify Dinuba if they are unable to provide services due to an emergency or natural disaster. Visalia shall be entitled to be paid reasonable compensation for providing such emergency services and facilities, to Dinuba, provided however, that the amount of such compensation and time of its payment shall be mutually agreed upon by Visalia and Dinuba following the conclusion of the emergency or disaster, or at such other time as they may mutually agree. 384
12 Section 2 – LICENSE REVENUE COLLECTION AND REPORTING Visalia shall be responsible for animal licensing on behalf of Dinuba. Visalia will track amounts received and deposit funds received with Dinuba on a monthly basis or as otherwise agreed with between Visalia and Dinuba.

Dinuba shall be responsible for providing Visalia with a schedule of applicable fees and license requirements for Visalia to apply for each fiscal year on or before July 1.

Visalia will be responsible for mailing license bills, following up on licensing leads received from Dinuba, assist persons at shelter with licensing questions and paying for their pet licenses.

Visalia shall prepare a monthly report of all licenses issued on behalf of Dinuba, expiration dates of licenses, and applicable owner information. 385
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 23-0445 Agenda Date: 11/20/2023 Agenda #: 1.

Agenda Item Wording:

Public hearing and consideration of the following actions related to the East Side Regional Park Project:

1. Certification of the Final Environmental Impact Report (EIR) prepared for the East Side Regional Park Project . (Resolution No. 2023-54 required)

2. Initiation of Proceedings for Annexation No. 2021-02: A request to annex approximately 128 acres, located within the City of Visalia Urban Development Boundary Tier III, into the Visalia city limits. The annexation request includes authorizing the detachment from County Service Area No. 1 in accordance with State and County requirements. (Resolution No. 2023-55 required)

3. General Plan Amendment No. 2021-16: A request to redesignate approximately 41 acres from Residential Low, Medium, and High Densities to Parks/Recreation to facilitate the East Side Regional Park. (Resolution No. 2023-56 required)
Project Applicant: City of Visalia
Project Location: The proposed Project is located on approximately 286 acres, between Mineral King Avenue and Houston Avenue, east of the Road 148alignment. (APN: 103-110-024, 025, 026, 027, 028, 029, 032, 033; 103-500-001, 002, 003; 103-510-002, 003, 004, 005, 007, 008, 009) Deadline for Action: 11/20/2023
Submitting Department: Community Development
Contact Name and Phone Number:

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

The Planning Commission recommends that the City Council initiate annexation proceedings for the project by taking the following actions, consistent with the staff recommendation made to Planning Commission on October 23, 2023:

1. Certify the project’s Final Environmental Impact Report (EIR), which includes the adoption of the project’s findings of fact, statement of overriding considerations, and a mitigation and monitoring reporting program.

2. Initiate proceedings for Annexation No. 2021-02 with the Tulare County Local Agency Formation Commission (LAFCO), including authorizing the detachment of the property from County Service Area No. 1 in accordance with State and County requirements.

3. Approve General Plan Amendment No. 2021-16.

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Completion of the EIR will increase the City’s opportunities for the acquirement of grant funding for either the park or recharge elements of the project. In the time that the Draft EIR has been finalized between 2015 and 2020, the City has been successful in acquiring grant funds for the design and construction of Basins G and D, requiring staff to prepare separate and individual environmental reviews (i.e., Mitigated Negative Declarations) for these projects. During that same process, notice of environmental determinations were also filed for Basins E and F due to their proximity and again for grant funding purposes.

Because the preparation of the EIR had been delayed for various reasons since 2015, it’s possible that there may be desire among City staff and the public to revisit certain park design elements and/or programming. However, it is the staff’s recommendation that the EIR process be allowed to move forward towards completion through certification. Any future changes in the park design element could be addressed afterwards as an addendum so long that proposed modifications have no significant impacts beyond those disclosed in the current document.

If approved by the City Council, staff will immediately proceed with filing the annexation application with LAFCO.

The project entitlements are supported by both Planning Commission and staff based on the project’s consistency with the Land Use Element of the General Plan. Specifically, Annexation No. 2021-02 will facilitate a new large city park and sites for groundwater basins on an overall 268-acre site.

Furthermore, staff recommends approval of the General Plan Amendment, based on the project’s consistency with the General Plan.

Background Discussion:

The City of Visalia is the applicant and lead agency on the preparation of an Environmental Impact Report (EIR) for the East Side Regional Park (ESRP) and Groundwater Recharge Project. The project has been proactively planned by the City to help develop solutions to the region’s receding groundwater table, and property acquisition by the City of Visalia has been occurring since 2001.

The development of eastside groundwater recharge facilities is part of the City’s implementation program to manage recharge water that will be received under the Water Exchange Agreement with Tulare Irrigation District along with other surface water deliveries received via the Kaweah River and/or the Central Valley Project Friant-Kern Canal.

The Project area consists of approximately 286 acres, including 40 acres of planned street & infrastructure improvements. The ESRP also includes a total of seven groundwater recharge basins (referred to as Basins A through G) of which four are currently identified and in different project phases within the City’s current CIP. The project will include Road 148 as a new arterial roadway, and improvements to Houston Avenue, Road 152, and Mineral King Avenue. The project has allocated approximately 148 acres for park uses. The dedicated groundwater recharge elements (basins) will encompass approximately 100 acres and are planned to receive allotted water deliveries to help replenish the area’s groundwater. Construction of park proper, groundwater recharge facilities, the future Road 148 and its interchange with State Route 198 will be within the footprint area.

Professional services for the preparation of design work began in 2014. On September 15, 2014, the City Council authorized Provost & Pritchard to enter into an agreement to prepare an EIR in compliance with the California Environmental Quality Act (CEQA). The agreement included the subconsulting services of the HLA Group for the park master planning process. In early and mid-2015, master plan alternatives were developed through community input from four community workshops, the Park Planning Task Force, meetings with multiple City Committees and the Parks and Recreation Visalia City Council Page 2 of 9 Printed on 11/17/2023
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the Park Planning Task Force, meetings with multiple City Committees and the Parks and Recreation Commission, and City staff.

In addition to the groundwater recharge project, on August 17, 2015, the City Council voted to adopt Concept B1 as the ESRP Site Master Plan (see Attachment 4). The park’s comprehensive plan as proposed includes 139 acres of active recreational park space. Some of the park’s major programmed uses include, but not limited to, separate lighted adult softball and youth baseball fields, soccer courts, tennis courts, pickleball courts, 3-acre dog park, multi-use trails, event and open space turf areas, parking areas, amphitheater, and community center building. City staff has since carried Concept B1 as the basis of the EIR and design of all Groundwater Recharge facilities to date.

The concept plan was reviewed by the Site Plan Review Committee (Item No. 2015-115) on July 22, 2015. The Community Development Planning Division commented that the project further required additional land use entitlement, specifically Annexation for the project area north of Mill Creek, and a General Plan Amendment to re-designate approximately 42 acres on the north side adjacent to Houston Avenue from Low, Medium and High Density Residential to Park. No Change of Zone is required for the property since the portion inside the City limits is suitably zoned QP (Quasi-Public) and the remaining portion will be annexed as QP in accordance with the General Plan Amendment.

The General Plan Amendment will result in the loss of approximately 30 acres of Medium and High Density Residential land use designated property.

The land use entitlement issues are addressed and incorporated into the project’s EIR, and the land use entitlements are being processed concurrently with the CEQA review process. No Conditional Use Permit is required for the park facilities in accordance with the Quasi-Public zoning designation, which allows such recreational uses as permitted uses.

Annexation No. 2021-02 is a request to annex parcels totaling approximately 128 acres located outside the city limits and within Tulare County (see Attachment 7). Upon annexation, the Zoning designations for the project area will consist of Quasi-Public (QP zoning), consistent with the underlying General Plan land use designation as proposed through the General Plan Amendment.

Current land use designations for parcels being annexed are summarized as follows:

Land Use Designation Existing ac. Growth Tier
Parks / Recreation 84.5 Tier I
Conservation (Mill Creek) 1.5 Tier I
Low Density Residential 12.3 Tier III
Medium Density Residential 24.5 Tier III
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File #: 23-0445 Agenda Date: 11/20/2023 Agenda #: 1.

Land Use Designation Existing ac. Growth Tier
Parks / Recreation 84.5 Tier I
Conservation (Mill Creek) 1.5 Tier I
Low Density Residential 12.3 Tier III
Medium Density Residential 24.5 Tier III
High Density Residential 5.3 Tier III
General Plan Amendment No. 2021-16 is requested to change land use designations upon parcels totaling approximately 42 acres, located in Growth Tier III that are under ownership of the City of Visalia. The General Plan Amendment will further transfer the 42 acres from Growth Tier III to Growth Tier I, being that the property is associated with the project area of the East Side Regional Park.

The properties currently designated as Parks/Recreation and Conservation are located within Growth Tier I, while the properties designated as Low, Medium, and High Density Residential area all located within Growth Tier III. This is due to the fact that the City in 2012 had already identified the 86 acres of Park/Recreation area, situated outside of the city limits in the Tier I Growth Area, for the Regional Park. However, between 2012 and 2014, while the City was undergoing its General Plan Update to designate land uses within later growth boundaries, the City was still acquiring properties located in the designated Growth Tier III that would become part of the master plan area that would be designed by the HLA Group.

A portion of the project site is within the City’s Urban Development Boundary (UDB) Tier III; however it is exempt from the City’s Agricultural Preservation Ordinance since the use constitutes a public facility.

Annexation Consistency with General Plan:

The project entails initiating annexation of 128 acres out of the project’s overall 286-acre project site into the Visalia City limits. In addition to the project site, the final annexation area will include acreage from the portion of Houston Avenue adjoining the project site. The site will be pre-zoned to QuasiPublic, consistent with the subject site’s corresponding Parks / Recreation land use designation proposed through the General Plan Amendment. The annexation can be supported on the basis that the proposal is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s Land Use Diagram.

The General Plan Amendment will further amend the City’s Growth Tier boundaries so that the entirety of the project site will be within the Tier I Urban Development Boundary.

The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development.

Project Consistency with City’s General Plan:

The General Plan’s Parks, Schools, Community Facilities, and Utilities Element contains multiple policies in support of the establishment of a new large city park situated on the City’s eastern edge.

Policy PSCU-P-4 specifically directs the City to create such a park:

PSCU-P-4: Create one large new park at the City’s eastern edge to enhance the City’s eastern gateway along Highway 198, ensure separation between communities, and provide ample recreation space for the larger area.

The Element further classifies a “Large City Park” as “a park generally larger than 40 acres in size intended to serve the recreational needs of all city residents and to create opportunities for contact with the natural environment. These parks may include a concentration of sports fields, golf courses, and areas for picnicking and passive enjoyment of open space”. The proposed park has allocated approximately 148 acres for recreational uses and 100 acres for dedicated groundwater recharge Visalia City Council Page 4 of 9 Printed on 11/17/2023
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approximately 148 acres for recreational uses and 100 acres for dedicated groundwater recharge elements (basins).

Consistency with State Law: Housing Crisis Act of 2019 (Government Code Sec. 66300):

The Housing Crisis Act of 2019 mandates that jurisdictions shall not adopt an entitlement that changes general plan land use designations of parcels to a less intensive use with regards to the site’s residential development capacity, below what was in in effect on January 1, 2018 (Government Code Section 66300(b)(1)).

However, it should be acknowledged that the City’s selected concept for this park and the Notice of Preparation of a Draft Environmental Impact Report for the development of this park were completed in 2014 / 2015, which is before the threshold date of January 1, 2018. Therefore, the City finds that there is reasonable argument that this statute pertaining to the Housing Crisis Act of 2019 should not apply. Because the City Council had reviewed and started the process to have approximately 42 acres of Low, Medium, and High Density Residential land designations changed with the concept plan and this EIR, before January 1, 2018, the Housing Crisis Act of 2019 does not apply.

Consistency with State Law: No Net Loss Law (Government Code Sec. 65863):

The purpose of the No Net Loss Law is to ensure that a jurisdiction continues to maintain adequate sites to accommodate its remaining unmet regional housing needs allocation (RHNA) by each income category at all times throughout the entire Housing Element planning period. Similar to the Housing Crisis Act of 2019 explained above, a jurisdiction cannot take action to reduce a parcel’s residential density without finding that the jurisdiction has other remaining sites that can accommodate its remaining unmet RHNA.

For this project which will change approximately 42 acres of Low, Medium, and High Density Residential land designations to Parks / Recreation designation, the parcels are currently located outside of the City limits and located within Growth Tier III which is outside of the current growth boundary. As such, none of the affected parcels have been assigned units affiliated with the jurisdiction’s RHNA or site inventory. Therefore, the City has no obligation under state law to replace the land use designation. The Growth Tier III area contains several hundred acres of Medium and High Density Residential land designations and well in excess of 1,000 acres of Low Density Residential land designation. The City anticipates meeting the threshold for moving into the Growth Tier III boundary in no less than approximately 8 years based on historic growth trends.

Traffic Impact Study:

A Traffic Impact Study (TIS) was prepared for the proposed project (ref.: City of Visalia East Side Regional Park & Groundwater Recharge Project EIR Traffic Impact Study Report, VRPA Technologies, March 2019), attached as Appendix M of the EIR. The purpose of the study is to analyze traffic conditions related to buildout of the project and its projected level of service (LOS) at multiple traffic scenarios, including Existing conditions, Near-Term opening year projection, and at the Cumulative Year 2040 scenario, and the corresponding environmental impact as required by the Visalia City Council Page 5 of 9 Printed on 11/17/2023
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California Environmental Quality Act (CEQA).

The TIS concluded that various intersection improvements are needed at the different buildout scenarios and timeframes. Intersection improvements are summarized in Section 3.16.5 in the EIR.

Mitigation measures have been included in the Environmental Impact Report to address the roadway deficiencies described above, addressing various intersections.

For the Existing Plus Project and Near-Term conditions, Measures TR-1 and TR-2 require widening approaches or adding turning lanes to the intersections of Lovers Lane / Mineral King Avenue and State Route 198 Westbound Ramps / Mineral King Avenue. It should be noted that Caltrans is expected to break ground on a reconfiguration of the State Route 198 Westbound Ramps at Lovers Lane in the summer of 2024.

For the Cumulative Year 2040 conditions, Measures TR-3 through TR-32 require widening approaches or adding turn lanes to intersections, widening roadway segments, and lengthening turn lanes (queuing).

In addition to the Mitigation Measures, the Project would also be required to contribute its calculated “fair-share” towards the costs of improvements that are identified for the various Cumulative Year 2040 scenarios, as summarized in Tables 4-21 through 4-24 of the TIS.

At full buildout of the Project, all study intersections are expected to operate with minimal delay (at or above LOS D) during peak hours, both with and without project traffic, or can be mitigated to operate at an acceptable LOS, excepting for the following intersections:
• State Route 198 Westbound Ramps / Mineral King Avenue, near Lovers Lane (see Measure TR-2 and TR-7)
• State Route 198 Eastbound Ramps / Lovers Lane (see Measures TR-4 and TR-6) • Road 152 / Mineral King Avenue (see Measure TR-7)
• State Route 198 Westbound Ramps / Mineral King Avenue, near Road 156 (see Measure TR11) As a result, even with implementation of all feasible mitigation measures, the project EIR concludes that full buildout of the Project will result in significant and unavoidable impacts.

A Vehicle Miles Traveled (VMT) analysis was also conducted (attached as Appendix N of the EIR) using the Tulare County Association of Governments (TCAG) Model by comparing the project’s expected VMT with the project and without the project. A comparison of the two model runs indicated that the model run with the project resulted in 184 fewer daily vehicle miles traveled than the model run without the project. Therefore, the project’s impacts to VMT are concluded to be less than significant under CEQA.

Planning Commission Public Hearing & Review:

The Planning Commission conducted a public hearing on October 23, 2023, to consider the project and entitlements. The affiliated staff report is provided as Attachment 8.

During the public hearing, comments were provided by one neighbor expressing concerns about traffic generated along Road 152 (on the east side of the regional park) and noise generated from the Visalia City Council Page 6 of 9 Printed on 11/17/2023
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traffic generated along Road 152 (on the east side of the regional park) and noise generated from the amphitheater.

Planning Commissioners made a motion for each individual entitlement, and each item passed on a 3-0 vote (Beatie and Tavarez absent), resulting in recommendations that the City Council certify the Environmental Impact Report, approve the General Plan Amendment, and initiate the Annexation request.

Fiscal Impact:

None at this time.

Prior Council Action:

On March 6, 2023, the City Council conducted a work session item to receive a project update on the status of the East Side Regional Park’s (ESRP) Environmental Impact Review process and related Groundwater Recharge Capital Improvement Projects (CIP). The project update and presentation were informational only and no action was taken.

Alternatives:

The City Council may, in lieu of the recommended motion specified above, consider any of the following alternatives:

1. After opening and closing the public hearing, if the City Council seeks additional information, continue the agenda item to a City Council meeting on a specified date; or

2. Refer the matter back to the Planning Commission; or,

3. Deny the entitlements.

Recommended Motion (and Alternative Motions if expected):

I move to approve Resolution No. 2023-54, certifying the Final Environmental Impact Report prepared for the East Side Regional Park Project (State Clearinghouse Number 2014121076); and I move to approve Resolution No. 2023-55, to initiate proceedings for Annexation No. 2021-02, including authorization of the detachment of property from County Service Area No. 1; and I move to approve Resolution No. 2023-56, to approve General Plan Amendment No. 2021-16.

Environmental Assessment Status / CEQA Review:

A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2014121076), incorporated herein by reference, has been prepared in association with the East Side Regional Park & Groundwater Recharge project, in accordance with the California Environmental Quality Act (CEQA). The City Council is asked to review the overall content of the Final EIR, the responses to the comments received to date, and consider any further testimony received during the public hearing. At the conclusion of the public hearing, the City Council will decide whether to certify the Final EIR and entitlements.

Significant and Unavoidable Impacts
The EIR has determined that all project impacts were either less than significant or could be Visalia City Council Page 7 of 9 Printed on 11/17/2023
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File #: 23-0445 Agenda Date: 11/20/2023 Agenda #: 1.

The EIR has determined that all project impacts were either less than significant or could be mitigated to a less than significant level with the exception of the following impacts that are considered significant and unavoidable:
· Agriculture & Forestry Resources - Loss of farmland
· Transportation - Unacceptable Level Of Service at various intersections and road segments in the near term and long term, inconsistent with General Plan Policy T-P-9 Pursuant to CEQA Guidelines sections 15043, 15091 and 15092, the City, as the Lead Agency, may still approve a project for which the EIR identifies significant and unavoidable environmental impacts resulting from the project. This requires the adoption of a Statement of Overriding Considerations for each environmental impact that falls into the category of significant and unavoidable.

The decision to adopt a Statement of Overriding Considerations must be supported by factual documentation that supports the decision that:

1. There is no feasible way to lessen or avoid the significant impact; and,

2. Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project.

The findings and recommended conclusions for each of the six environmental analysis areas noted above are contained in the resolution recommending certification of the EIR.

Mitigation Measures
The EIR further disclosed mitigation measures that are incorporated into the project to reduce or avoid significant effects on the environment. The measures address the following resources:
· Thirteen (13) mitigation measures pertaining to Biological Resources for impacts of the project to special-status wildlife species possible to occur on-site (i.e., Swainson’s hawk, white -tailed kite, tricolored blackbird, northern harrier, burrowing owl, loggerhead shrike, palled bat, western mastiff bat, and American badger).
· Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts of the project on the potential of exposing historical or archaeological materials during construction. · Four (4) mitigation measures pertaining to Noise to address the impacts of playing fields and amphitheater noise upon noise-sensitive land uses, construction of block walls adjacent to residential uses, and construction noise measures.
· Thirty-two (32) mitigation measures pertaining to Transportation, wherein two measures are for intersection improvements at the Lovers Lane / Mineral King Avenue section and the SR 198 westbound ramps / Mineral King Avenue prior to the operation of Phase 2, and thirty measures are for constructing recommended on-site and site-adjacent improvements prior to the operation of Phase 3 for Cumulative Year 2040 Impacts.

Project Alternatives
CEQA Guidelines Section 15126.6 requires the consideration of a range of reasonable alternatives to the proposed Project that could feasibly attain most of the objectives of the proposed Project. This Draft EIR analyzed the following alternatives:
· Alternate #1: Under this Alternative, the site would be developed in a manner largely similar to the Project, except that that the location of park facilities within the Project site would be Visalia City Council Page 8 of 9 Printed on 11/17/2023
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File #: 23-0445 Agenda Date: 11/20/2023 Agenda #: 1.
changed. This was considered as Concept A1 in the initial planning process. · Alternative #2: Under this Alternative, the site would be developed like the Project Concept except that sports lighting would be removed and park hours would be limited to mostly daylight hours.
· No Project Alternative: Under this Alternative, the Project would not be constructed, and the site would remain in agricultural production.

Public Review and Recommendation
Circulation of the Draft EIR followed a Notice of Availability period wherein the Draft EIR was duly noticed and conducted for the project for a 45-day public review and comment period from February 2 to March 20, 2023. The City of Visalia is the lead agency for the preparation of the EIR. Three comment letters were received during this public review period, from California Department of Fish & Wildlife, San Joaquin Valley Air Pollution Control District, and California Department of Transportation. City staff and the consultant have prepared responses to the comments received (refer to the Final EIR, dated October 2023). The Draft Program EIR, including the technical appendices, all the comments received and the responses to these comments, constitute the Final EIR.

Attachments:

Attachment 1: Resolution No. 2023-54 - Certification of Final EIR Attachment 2: Resolution No. 2023-55 - Annexation No. 2021-02 Attachment 3: Resolution No. 2023-56 - General Plan Amendment No. 2021-16 Attachment 4: Master Plan Concept
Attachment 5: Project Planning Area Map
Attachment 6: Recharge Basins Location Map
Attachment 7: Annexation Area
Attachment 8: Planning Commission Staff Report
Attachment 9: Final Environmental Impact Report (for EIR Appendices, refer to website links below.) The Final EIR is also found at
<https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=54441> Attachment 10: General Plan Land Use Map
Attachment 11: Zoning Map
Attachment 12: Aerial Map
Attachment 13: Location Map
Attachment 14: City PowerPoint Presentation
Attachment 15: Consultant PowerPoint Presentation on EIR Available online via City of Visalia Website:
• EIR Appendices A - D:
<https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=52874> • EIR Appendices E - R:
<https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=52875> Visalia City Council Page 9 of 9 Printed on 11/17/2023
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RESOLUTION NO. 2023-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA CERTIFYING

THE ENVIRONMENTAL IMPACT REPORT FOR THE EAST SIDE REGIONAL PARK &

GROUNDWATER RECHARGE PROJECT THAT INCLUDES GENERAL PLAN AMENDMENT NO. 2021-16 AND ANNEXATION NO. 2021-02; STATE CLEARINGHOUSE NO. 2014121076.

WHEREAS, the City Council of the City of Visalia has reviewed and considered the Final Environmental Impact Report prepared on the East Side Regional Park & Groundwater Recharge Project that includes General Plan Amendment No. 2021-16 and Annexation No. 2021-02 (“Final EIR”); and,
WHEREAS, the Draft Environmental Impact Report (“Draft EIR”) was released on February 2, 2023, for circulation for a period of 45 days; and, WHEREAS, the Final EIR was released on October 9, 2023, and consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses of the City of Visalia to significant environmental points raised in the review and consultation process; errata to the foregoing; and other information added by the City of Visalia as specified in the record; and,
WHEREAS, the Final EIR analyzes and evaluates a series of actions for approval and development of a project (i.e., “Project”) that will co-locate city-wide/regional park amenities for both passive and active recreational uses, amongst functional groundwater recharge/storm water layoff basins. The Project would allocate approximately 148 acres for park uses and approximately 104 acres for recharge/storm water facility purposes.

The approval actions analyzed in the Final EIR include amendments to the Visalia General Plan, annexation of certain property to the City of Visalia, and approvals of discretionary and non-discretionary permits from the City of Visalia and various Responsible Agencies; and,
WHEREAS, the Planning Commission of the City of Visalia, after ten (10) days published notice, held a public hearing on the Final EIR and the Project on October 23, 2023; and,
WHEREAS, the City Council of the City of Visalia, after ten (10) days published notice, held a public hearing on the Final EIR and the Project on November 20, 2023; and,
WHEREAS, the California Environmental Quality Act (CEQA) requires that, in connection with the approval of a project for which an EIR has been prepared which identifies one or more significant effects, the decision-making agency make certain findings regarding those effects.

NOW, THEREFORE, BASED UPON THE ENTIRE RECORD OF THE

PROCEEDINGS, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VISALIA AS FOLLOWS:

1. That the City Council has reviewed the recommendation of the staff. 395
RESOLUTION NO. 2023-54

2. That the Final EIR, including a Summary of Environmental Impacts, Mitigation Measures and Residual Impacts as set forth in Exhibit “A” for the Project are adequate and have been completed in compliance with CEQA and the State CEQA Guidelines.

3. That the City Council has independently reviewed and considered the information contained in the Final EIR, including the Summary of Environmental Impacts, Mitigation Measures and Residual Impacts (Exhibit “A”), prior to approving the Project.

4. That the City Council finds on the basis of the whole record before it, including the Final EIR, Summary of Environmental Impacts, Mitigation Measures and Residual Impacts, any oral or written comments received, and Findings of Fact (contained in Exhibit “B”), that there is no substantial evidence in the record that the Project will have a significant effect on the environment with the exception of those to Agricultural and Forestry Resources and Transportation/Traffic.

5. Finds on the basis of the whole record before it, including the Final EIR, Summary of Environmental Impacts, Mitigation Measures and Residual Impacts, any oral or written comments received, and Findings of Fact (contained in Exhibit “B”), that the Project’s Significant and Unavoidable impacts to Agriculture and Forestry Resources and Transportation/Traffic cannot be reasonably or feasibly mitigated to less than significant and will remain significant and unavoidable for the foreseeable future and therefore require, pursuant to CEQA, adoption of the Statement of Overriding Considerations contained in Exhibit “B”.

BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council adopt the following facts, findings, and Statement of Overriding Considerations contained in Exhibit “B”, and in doing so, hereby recommends that the City Council determines that the Final EIR prepared for the Project is adequate and complete pursuant to the requirements of the California Environmental Quality Act, and certifies it.
396
EXHIBIT “A”

MITIGATION MONITORING AND REPORTING PROGRAM
397
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 1
Mitigation Monitoring and Reporting Program
This Mitigation Monitoring and Reporting Program (MMRP) has been formulated based upon the findings in Chapter 3 – Impact Analysis of this EIR. The MMRP lists mitigation measures recommended for the Project and identifies monitoring and reporting requirements and responsible parties.

Table 4-1 presents the mitigation measures identified for the Project. Each mitigation measure is numbered with a symbol indicating the topical section to which it pertains, a hyphen, and the impact number. For example, BIO-1 would be the first mitigation measure identified in the Biological Resources analysis of the EIR.

The first column of Table 4-1 identifies the mitigation measure. The second column, entitled “When Monitoring is to Occur,” identifies the time the mitigation measure should be initiated. The third column, “Frequency of Monitoring,” identifies the frequency of which the monitoring of the mitigation measure should occur. The fourth column, “Agency Responsible for Monitoring,” names the party responsible for ensuring that the mitigation measure is properly implemented. The last columns will be used by the City of Visalia (City) as a check-off tool to ensure that and when individual mitigation measures have been complied with and monitored.
398
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-1 Table 4-1. Mitigation and Monitoring Reporting Program
Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
Biological Resources
BIO – 1a: (WEAP Training)
• Prior to initiating construction activities (including staging and mobilization), all personnel associated
with Project construction shall attend mandatory
Worker Environmental Awareness Program
(WEAP) training, conducted by a qualified biologist,
to aid workers in identifying special status
resources that may occur in the Project area.
• The specifics of this program shall include
identification of the sensitive species and suitable
habitats, a description of the regulatory status and
general ecological characteristics of sensitive
resources, and review of the limits of construction
and mitigation measures required to reduce
impacts to biological resources within the work
area.
• This training will specifically discuss the
conservation status of the California condor, in
addition to all other special status species, describe
the laws and regulations in place to provide
protection of these species, identify the penalties
for violation of applicable environmental laws and
regulations, and a list of required protective
measures to avoid “take.”
• A fact sheet conveying this information, along with
photographs or illustrations of sensitive species
with potential to occur on-site, shall also be
prepared for distribution to all contractors, their
employees, and all other personnel involved with
construction of the Project.

Prior to initiating
construction activities Once City of Visalia
Submittal of
WEAP training
attendance
form
399
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
• All employees shall sign a form documenting that
they have attended WEAP training and understand
the information presented to them.

BIO – 2: (Construction Operational Hours)
• Construction shall be conducted during daylight
hours to reduce disturbance to wildlife that could be
foraging within work areas.

During construction
activities Continuously City of Visalia Permit condition BIO – 3: Best Management Practices (BMPs)
• The Project proponent will ensure that all workers
employ the following best management practices
(BMPs) in order to avoid and minimize potential
impacts to special status species:

City of Visalia
BIO – 3a: Best Management Practices (BMPs)
• Vehicles shall observe a 15-mph speed limit while
on unpaved access routes.

During construction
activities Continuously City of Visalia Signs posted
BIO – 3b: Best Management Practices (BMPs)
• Workers shall inspect areas beneath parked
vehicles prior to mobilization. If special status
species are detected beneath vehicles, the
individual will either be allowed to leave of its
own volition or will be captured by the
qualified biologist (must possess appropriate
collecting/handling permits) and relocated out
of harm’s way to the nearest suitable habitat
beyond the influence of the Project work area.
• “Take” of listed (rare, threatened, or
endangered) is prohibited. If a listed species
is observed within the Project area, the
biologist will stop work and contact the
During construction
activities Continuously City of Visalia Permit condition 400
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
appropriate regulatory agency (CDFW and/or
USFWS) for guidance on appropriate
avoidance measures if a listed species is
observed within or near the Project area
during preconstruction surveys.

BIO – 3c: Best Management Practices (BMPs)
• The presence of any special status species
and/or any wildlife mortalities will be reported
to the Project’s designated biologist and the
appropriate regulatory agencies (CDFW,
USFWS, etc.).

When special status
species and/or any
wildlife mortalities are
present
Continuously City of Visalia
Submittal of
report to City of
Visalia
BIO – 4: Avoidance
• The Project construction activities shall occur,
if feasible, between September 1 and January
31 (outside of nesting bird season) in an effort
to avoid impacts to listed species.

During construction
planning Once City of Visalia Issuance of Building Permit BIO – 5: Pre-Construction Survey
• A qualified biologist shall conduct preconstruction surveys specific to the following species: Swainson’s hawk, white-tailed kite,
tricolored blackbird, northern harrier,
burrowing owl, loggerhead shrike, palled bat,
western mastiff bat, and American badger.

City of Visalia
401
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-4 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
BIO – 5a: Nesting Birds
• If activities must occur within nesting bird
season (February 1 to August 31), the survey
shall include the proposed work area and
surrounding lands within 0.5 miles for
Swainson’s hawk and within 500 feet for all
other nesting birds.
• If no active nests are observed, no further
mitigation is required.
• Raptor nests are considered “active” upon the
nest-building stage.
• All other nests are considered “active” by the
presence of eggs or young.

If construction activities
occur between February
1 and August 31
Once City of Visalia
Submittal of
preconstruction
survey report
BIO – 5b: Animal Species
• A pre-construction survey of Project areas
within 30 days prior to vegetation clearing or
ground disturbing activities.
• Environmentally sensitive areas will be
flagged for avoidance.
• If suitable habitat for regionally occurring
special status species are detected upon preconstruction surveys, construction monitoring will be required.

Within 30 days prior to
vegetation clearing or
ground disturbing
activities
Once, when construction
commences and
recommences
City of Visalia
Submittal of
preconstruction
survey report
BIO – 6: Establish Buffers
• On discovery of any active nests or listed
species near work areas, the biologist shall
determine appropriate construction setback
distances based on applicable CDFW and/or
On discovery of any
active nests or listed
species near work areas
Continuously, until
construction is complete City of Visalia
Submittal of
preconstruction
survey report
402
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
USFWS guidelines and/or the biology of the
species in question.
• Construction buffers shall be identified with
flagging, fencing, or other easily visible
means, and shall be maintained until the
biologist has determined that the nestlings
have fledged, or construction has finished in
that area.

BIO – 7: Monitor
• A qualified biologist will conduct a pre-activity
clearance survey each day and remain onsite to oversee all vegetation clearing and ground disturbing activities conducted within
suitable habitat for special status species that
were identified in the pre-construction
surveys (BIO 5 a-b).
• The biological monitor must possess required
collecting/handling permits.
• If a special status species is observed within
Project areas, the biologist will stop work
order and the individual will either be allowed
to leave of its own volition or will be captured
by the qualified biologist and relocated out of
harm’s way to the nearest suitable habitat
beyond the influence of the Project work area.
• “Take” of listed (rare, threatened, or
endangered) is prohibited.
• If a listed species is observed within the
Project area, the biologist will stop work and
During construction
activities
Continuously, until
construction is complete City of Visalia
Submittal of
preconstruction
survey report
403
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
contact the appropriate regulatory agency
(CDFW and/or USFWS) for guidance on how
to proceed.

BIO – 8: (Mitigation Fees or Replacement Planting)
• Should avoidance of valley oak trees not be
possible, the City will comply with the
permitting requirements of the Oak Tree
Preservation Ordinance and will mitigate the
loss consistent with the provisions of the Oak
Tree Mitigation Policy.

If avoidance of valley
oak trees is not possible
Continuously, until
construction is complete City of Visalia
Permit
conditions of
Oak Tree
Preservation
Ordinance

CULTURAL RESOURCES
CR-1
• If, in the course of project construction or
operation, any archaeological or historical
resources are uncovered, discovered, or
otherwise detected or observed, activities
within one hundred (100) feet of the find shall
be ceased and the City of Visalia shall be
notified immediately. The project proponent
shall retain a qualified archaeologist to assess
the significance of the find and make mitigation
recommendations, if warranted. The
archaeologist shall document the resources
using DPR 523 forms and file said forms with
the California Historical Resources Information
System (CHRIS). The resources shall be
photo-documented and collected by the
archaeologist for submittal. The archaeologist
shall be required to submit to the County for
review and approval a report of the findings
During project
construction or
operation
Continuously City of Visalia Submittal of
DPR 523 form
404
Chapter 6 Mitigation Monitoring and Reporting Program
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Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
and method of curation or protection of the
resources. Further grading or site work within
the area of discovery shall not be allowed until
the preceding steps have been taken.

CR-2
• Prior to the issuance of grading permits, a
Paleontological Resource Impact Mitigation
Program (PRIMP) will be prepared by a
qualified professional paleontologist who
meets the SVP (2010) standards for Project
Paleontologist because of the likelihood of
vertebrate fossils. The PRIMP will utilize the
results of the paleontological technical memo
refined by the results of geotechnical borings
to specify the steps to be taken to mitigate
impacts to paleontological resources.

If human remains are
uncovered or
discovered
Continuously City of Visalia
CR-3
• A Paleontological Resources - Worker
Environmental Awareness Program (WEAP)
training will be prepared prior to the start of
Project-related ground disturbance and
presented in person to all on-site construction
personnel to inform them of the types of fossils
that may be found and the procedures to follow
if any are encountered.

Prior to any ground
disturbance/construction
activity
Continuously City of Visalia
405
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-8 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
CR-4
• If human remains are uncovered, or in any
other case where human remains are
discovered, the Tulare County Coroner is to be
notified to arrange their proper treatment and
disposition. If the remains are identified – on
the basis of archaeological context, age,
cultural associations, or biological traits – as
those of a Native American, California Health
and Safety Code 7050.5 and Public Resources
Code 5097.98 require that the coroner notify
the NAHC within 24 hours of discovery. The
NAHC will then identify the Most Likely
Descendent who will be afforded an
opportunity to make recommendations
regarding the manner in which the remains are
treated.

If human remains are
uncovered or
discovered
Continuously City of Visalia
Notification of
County
Coroner and
NAHC
NOISE
NOI-1
• Use of softball, baseball, and soccer fields
shall be limited to the hours of 7:00 am – 7:00
pm.

Once Phase 2 is
operational Continuously City of Visalia Permit condition 406
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
NOI-2
• Construction of an 8-foot sound wall along
residential boundary of homes directly to the
west of Project site (see Figure 3-19 for
approximate location).
• The sound wall material should consist of
concrete block (8 in. x 8 in. x 16 in.), dense
concrete (4 in. thick), or light concrete (4 in. to
6 in. thick).
• The wall shall provide breaks to allow for flood
waters to pass through.

Prior to construction of
Phase 2
Prior to construction of
Phase 3 if NOI-3 is not
selected.

Once City of Visalia Issuance of
final inspection
NOI-3
• Reorient the amphitheater to the northeast.

Grade the amphitheater stage to be at same
grade or level than the sensitive receptors to
the west.

Prior to construction of
Phase 3 and NOI-2 is
not selected
Once City of Visalia
Approval of
site plan
modification
NOI-4
• Vibration Monitoring will be conducted during
construction of Phases 1, 2, and 3 of the
Project when directly adjacent to a sensitive
receptor (at Project boundary).
• Vibration will be monitored along the perimeter
of the construction area and at varying
distances.
• A vibration criterion of 0.5 inches per second
(in/sec) peak particle velocity (PPV) is
proposed as the applicable action threshold
criteria for ground-borne vibration
measurement during proposed remedial
construction activities.

During project
construction when
adjacent to sensitive
receptor
Continuously City of Visalia
Submittal of
tabulated
analysis
407
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
• The 0.5 in/sec PPV criterion has been
established by the United States Bureau of
Mines as the threshold above which damage
to interior plaster walls may occur.
• This criterion has become recognized by
industry as the threshold for the onset of
vibration damage to typical residential
structures. Collected vibration monitoring
results will be compared to the vibration
criterion.
• The results will also be tabulated and reviewed
on a weekly basis to assess trends and
formulate the basis for mitigation measures, if
required.

Traffic
TR-1 – Lovers Lane at Mineral King Avenue
• Widen the northbound approach to 1 left turn
lane, 2 through lanes, and 1 right turn lane
(adding 1 right turn lane)
• Widen the southbound approach to 2 left turn
lanes and 2 through lanes with a shared right
(adding 1 left turn lane)
Prior to operation of
Phase 2 Once City of Visalia
Completion of
mitigation
measure
TR-2 –SR 198 WB Ramps at Mineral King Avenue
• Widen the northbound approach to 1 left turn
lane and 1 right turn lanes (adding 1 right turn
lane)
• Widen the eastbound approach to 1 through
lane and 1 right turn lane (adding 1 right turn
lane)
Prior to operation of
Phase 2 Once City of Visalia
Completion of
mitigation
measure
408
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
• Widen the westbound approach to 1 left turn
lane and 1 through lane (adding 1 left turn lane)
Cumulative Year 2040 Mitigation Measures
TR – 3 – Lovers Lane at Mineral King Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project scenarios:
• Widen the northbound approach to 1 left
turn lane, 2 through lanes, and 1 right
turn lane (adding 1 right turn lane)
• Widen the southbound approach to 2 left
turn lanes and 2 through lanes with a
shared right (adding 1 left turn lane)
• Widen the eastbound approach to 1 left
turn lane, 1 through lane, and 1 right turn
lane (adding 1 right turn lane)
• Widen the westbound approach to 1 left
turn lane, 1 through lane, and 1 right turn
lane (adding 1 right turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR – 4 – Lovers Lane at SR 198 EB Ramps
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project scenarios:
• Widen the northbound approach to 2
through lanes and 1 right turn lane
(adding 1 right turn lane)
• Widen the eastbound approach to 2 left
turn lanes and 1 right turn lane (adding 1
left turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
409
Chapter 6 Mitigation Monitoring and Reporting Program
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Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
TR-5 – SR 198 WB Ramps at Mineral King Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Install Traffic Signal
• Widen the northbound approach to 1 left
turn lane and 1 right turn lanes (adding 1
right turn lane)
• Widen the eastbound approach to 1
through lane and 1 right turn lane with
overlap phasing (adding 1 right turn lane)
• Widen the westbound approach to 1 left
turn lane and 1 through lane (adding 1
left turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR -6 – McAuliff Street and Mineral King Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Widen the westbound approach to 1
through and 1 right turn lane (adding 1
right turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
410
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-13 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
TR-7 – Road 152 and Mineral King Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Widen the southbound approach to 1 left
turn and 1 right turn lane (adding 1 right
turn lane)
• Widen the eastbound approach to 1 left
turn lane and 1 through lane (adding 1
left turn lane)
• Widen the westbound approach to 1
through lane and 1 right turn lane (adding
1 right turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR -8 – Noble Avenue and SR 198 EB Ramps
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Install Traffic Signal
• Widen the westbound approach to 1
through lane and 1 right turn lane (adding
1 right turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-9 – Road 156 and Mineral King Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Widen the northbound approach to 2 left
turn lanes and 1 through lane with a
shared right (adding 1 left turn lane)
• Widen the eastbound approach to 1 left
turn lane, 1 through lane, and 1 right turn
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
411
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-14 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
lane with overlap phasing (adding 1 right
turn lane)
TR-10 – Road 156 and Noble Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Widen the northbound approach to 2 left
turn lanes and 1 through lane with a
shared right (adding 1 left turn lane)
• Widen the eastbound approach to 1 left
turn lane, 1 through lane, and 1 right turn
lane with overlap phasing (adding 1 right
turn lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-11 – SR 198 WB Off Ramp and Mineral King Avenue
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
• Widen the westbound approach to 2
through lanes (adding 1 through lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-12 – Road 156
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:

South of Noble Avenue
• Widen the segment from 2 to 4 travel
lanes (adding 1 travel lane in each
direction)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
412
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-15 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
SR 198 Ramp Junctions
TR-13 - SR 198 EB Off Ramp to Lovers Lane
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
o Widen the SR 198 mainline from 2 to 3
travel lanes in the eastbound movement
(adding 1 travel lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-14 - SR 198 WB On Ramp from Lovers Lane
• Cumulative Year 2040 Without Project and
Cumulative Year 2040 Plus Project
scenarios:
o Widen the SR 198 mainline from 2 to 3
travel lanes in the westbound
movement (adding 1 travel lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
Queuing
TR-15 - Lovers Lane and Houston Avenue (SR 216)
• In the southbound left‐turn lane, lengthen the
storage pocket from 225 feet to 300 feet.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-16 - Lovers Lane and Mineral King Avenue
• In the northbound left-turn lane, lengthen the
storage pocket from 100 feet to the maximum
allowable distance (approximately 250 feet).
• In the southbound left‐turn lane, lengthen the
storage pocket from 175 feet to 225 feet.
• In the westbound left-turn lane, lengthen the
storage pocket from 150 feet to 325 feet.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-17 - Lovers Lane and SR 198 EB Ramps
413
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-16 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
• In the eastbound left-turn lane, lengthen the
storage pocket from 225 feet to 375 feet.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-18 - Lovers Lane and Noble Avenue
• In the eastbound left-turn lane, lengthen the
storage pocket from 125 feet to 275 feet.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-19 - McAuliff Street and Houston Avenue (SR 216)
• In the northbound left-turn lane, lengthen the
storage pocket from 150 feet to 300 feet.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-20 - McAuliff Street and Mineral King Avenue
• In the southbound right-turn lane, lengthen
the storage pocket from 250 feet to 300 feet.
• In the eastbound left-turn lane, lengthen the
storage pocket from 200 feet to 275 feet.
• In the westbound right-turn lane, provide 300-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-21 - Road 152 and Mineral King Avenue
• In the southbound right-turn lane, provide
125-foot storage pocket.
• In the eastbound left-turn lane, provide 100-
foot storage pocket.
• In the westbound right-turn lane, provide 125-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-22 - SR 198 EB Ramps and Noble Avenue
414
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-17 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
• In the westbound right-turn lane, provide 125-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-23 - Road 156 and Noble Avenue
• In the northbound left-turn lane, lengthen the
storage pocket from 175 feet to 225 feet.
• In the eastbound right-turn lane, provide 150-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-24 - Tower Street and Houston Avenue (SR 216)
• In the northbound left-turn lane, provide 200-
foot storage pocket.
• In the northbound right-turn lane, provide 100-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-25 - Tower Street and McKinley Avenue-Project Driveway #2 • In the southbound left-turn lane, provide 100-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-26 - Tower Street and Race Avenue
• In the northbound left-turn lane, provide 100-
foot storage pocket.
• In the southbound left-turn lane, provide 100-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-27 - Tower Street and Murray Avenue
• In the northbound left-turn lane, provided 250-
foot storage pocket
• In the southbound right-turn lane, provide
100-foot storage pocket
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
415
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-18 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
TR-28 - Tower Street and Villoy Avenue-Project Driveway #1 • In the northbound left-turn lane, provide 150-
foot storage pocket.
• In the southbound left-turn lane, provide 100-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-29 - Tower Street and Villoy Avenue-Project Driveway #1 • In the southbound left-turn lane, provide 250-
foot storage pocket.
• In the eastbound left-turn lane, provide 175-
foot storage pocket.

Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
Cumulative Year 2040 With Tower Street Interchange Mitigation Measures

INTERSECTIONS
TR-30 - Tower Street at Houston Avenue (SR 216)
• Cumulative Year 2040 Without Project With
Tower Street Interchange and Cumulative
Year 2040 Plus Project With Tower Street
Interchange scenarios:
o Install Traffic Signal
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
TR-31 - Tower Street at Villoy Avenue-Project Driveway #1 • Cumulative Year 2040 Plus Project With Tower
Street Interchange scenario:
o Install Traffic Signal
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
Cumulative Year 2040 Plus Project With Tower Street Interchange Alternatives 1 and 2 Mitigation Measures SR 198 Ramp Junctions
416
Chapter 6 Mitigation Monitoring and Reporting Program
East Side Regional Park & Groundwater Recharge Project DEIR Provost & Pritchard Consulting Group • February 2023 R-19 Mitigation Monitoring and Reporting Program
Mitigation Measure/Condition of Approval When Monitoring is to Occur
Frequency of
Monitoring
Agency
Responsible
for Monitoring
Method to
Verify
Compliance
Verification
of
Compliance
TR-32 - SR 198 EB On Ramp from Tower Street
• Cumulative Year 2040 Plus Project With Tower
Street Interchange – Alternative 1 scenario:
o Widen the SR 198 mainline from 2 to 3
travel lanes in the eastbound movement
(adding 1 travel lane)
Prior to operation of
Phase 3 Once City of Visalia
Completion of
mitigation
measure
417
Exhibit “B”
Part 1 – CEQA FINDINGS OF FACT
and
Part 2 – CEQA STATEMENT OF OVERRIDING CONSIDERATIONS
418
Part 1 – CEQA FINDINGS OF FACT
A. INTRODUCTION
The California Environmental Quality Act (CEQA Guidelines SecƟon 15091) requires that no public agency shall approve or carry out a project for which an environmental impact report (EIR) has been cerƟfied which idenƟfies one or more significant effects of the project unless wriƩen findings for each of those significant effects, accompanied by a brief explanaƟon of the raƟonale for each finding. The possible findings are:
(1) Changes or alteraƟons have been required in or incorporated into the project that miƟgate or avoid the significant effect on the environment.
(2) Those changes or alteraƟons are within the responsibility and jurisdicƟon of another public agency and have been, or can and should be, adopted by that other agency. (3) Specific economic, legal, social, technological, or other consideraƟons, including consideraƟons for the provision of employment opportuniƟes for highly trained workers, make infeasible the miƟgaƟon measures or alternaƟves idenƟfied in the environmental impact report.

B. PROPOSED PROJECT
The East Side Regional Park and Groundwater Recharge Project DraŌ EIR, included here in totality by reference, contains a thorough and detailed descripƟon of the East Side Regional Park and Groundwater Recharge Project and so is not repeated here.

The DraŌ EIR analyzes the potenƟally significant environmental effects that could result from the Project including SecƟon 3.2 Agriculture and Forestry Resources, and SecƟon 3.16 TransportaƟon/Traffic. Each of these secƟons describesin detail the nature of significant impacts that would result due to implementaƟon of the Project, why the Project cannot miƟgate them to a less than significant level, and the significant and unavoidable impacts to which it contributes.

C. RECORD OF PROCEEDINGS AND CUSTODIAN OF RECORD
The record, upon which all findings and determinaƟons related to the approval of the Project and EIR are based, includes the following:
(1) The EIR and all documents referenced in or relied upon by the EIR; (2) All informaƟon, including wriƩen evidence and tesƟmony, provided by City staff and the environmental consultants to the City relaƟng to the Project and the EIR; (3) All informaƟon, including wriƩen evidence and tesƟmony, presented to the City from other public agencies related to the Project and the EIR;
(4) All applicaƟons, leƩers, tesƟmony, and presentaƟons related to the Project and EIR. (5) All informaƟon, including wriƩen evidence and tesƟmony, presented at any City scoping meeƟng, presentaƟon, workshop, or hearing related to the Project and the EIR; (6) All City-adopted or City-prepared land use plans and ordinances, including without limitaƟon, the General Plan, specific plans, and ordinances together with the aƩending environmental review documents, findings, miƟgaƟon monitoring programs, and other documents relevant to planned growth in the area;
419
(7) The Summary of Environmental Impacts, MiƟgaƟon Measures and Residual Impacts for the Project;
(8) All other documents composing the record pursuant to Public Resources Code SecƟon 21167.6 subdivision (e).

D. SIGNIFICANT ENVIRONMENTAL IMPACTS IDENTIFIED IN THE EIR The DraŌ EIR contains thorough descripƟons of each potenƟally significant impact that could result from the proposed Project and recommended miƟgaƟon measures shown above in Exhibit “A” Summary of Environmental Impacts, MiƟgaƟon Measures and Residual Impacts. With the excepƟon of DraŌ EIR Impact

3.2.3 threshold “a”, Impact 3.16.4 threshold “a”, and cumulaƟve impacts, the City of Visalia finds that by adopƟon of Exhibit “A” Summary of Environmental Impacts, MiƟgaƟon Measures, and Residual Impacts, changes or alteraƟons are thereby required in or incorporated into the Project which avoid or substanƟally lessen the significant environmental effects resulƟng from the Project.

Part 2 below provides the necessary Statement of Overriding ConsideraƟons regarding the impacts that were found by the DraŌ EIR to be significant and unavoidable even with the adopƟon of feasible miƟgaƟon measures.
420
Part 2 – CEQA STATEMENT OF OVERRIDING CONSIDERATIONS
The California Environmental Quality Act (CEQA Guidelines SecƟon 15093) requires a decision-making agency to balance the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve a project. For any significant effects that cannot be avoided or reduced to a less-than-significant level, the lead agency must describe the reasons why miƟgaƟon to a less-than-significant level is infeasible (PRC SecƟon 21081 subdivision (a)(3)). Approval of a project that would have significant adverse effects on the environment requires that the agency idenƟfies the project benefits that are evaluated as outweighing its significant effects on the environment (PRC SecƟon 21081 subdivision (b)). When an agency approves a project that will result in significant effects to the environment, the agency is required to state its raƟonale for support of the project based on the Final Environmental Impact Report and other informaƟon in the record.

In order to approve the Project, the City Council of the City of Visalia therefore adopts and makes the following Statement of Overriding ConsideraƟons regarding the significant, unavoidable impacts to Agriculture and Forestry Resources and TransportaƟon/Traffic to which the Project will contribute, and which are outweighed by the below-idenƟfied anƟcipated benefits of the Project.

A. SIGNIFICANT UNAVOIDABLE IMPACTS

IMPACTS TO AGRICULTURE AND FORESTRY RESOURCES
Based on the analysis provided within SecƟon 3.2 of the DraŌ EIR, no feasible miƟgaƟon measures are available that would reduce the loss of important agriculture land to a less than significant level. Although the City has incorporated policies and planning measures into the Project that recognizes agriculture as an important resource, this impact remains significant and unavoidable. Impacts remaining significant and unavoidable are listed below:
• The Project would convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance to a non-agricultural use.

MiƟgaƟon Deemed Infeasible
The City of Visalia adopted an EIR and a Statement of Overriding ConsideraƟons for the loss of important farmland associated with the development of the Visalia General Plan. With or without the Project, the General Plan idenƟfies the Project site for future development of open space and residences of varying densiƟes. While this Project does not change the ulƟmate outcome, a significant and unavoidable impact would sƟll occur. The loss of important farmland cannot be reversed, and new important farmland cannot be created. While the preservaƟon of exisƟng important farmland is possible, the act of preserving does not equate to reversing. The City’s Agricultural Land PreservaƟon Program, under Title 18 of the Visalia Municipal Code, was established to implement General Plan Policy LU-P-34. The intent of the Agricultural Land PreservaƟon Program is to establish a process for the required preservaƟon of agricultural land through the acquisiƟon of agricultural conservaƟon easements or the payment of an in-lieu fee for projects subject to the provisions of Title 18. It is important to note that the City’s General Plan determined that an agriculture preservaƟon program does not fully miƟgate the loss of agricultural land, but the City adopted General Plan Policy LU-P-34 to require an ag preservaƟon program under specified circumstances. 421
General Plan Policy LU-P-34, carried out by the City’s Agricultural Land PreservaƟon Program (Title 18) excludes certain projects from the requirement to preserve land elsewhere. Exclusions are dependent on either farmland designaƟon or project type or use. Under the project type or use exclusion, the City’s Agricultural Land PreservaƟon Program excludes public faciliƟes and roadways from the requirement to preserve land elsewhere. As a result, the use of miƟgaƟon measures that include the preservaƟon of agricultural land elsewhere or the use of fees as miƟgaƟon has been deemed infeasible.

Effects of Impact
The Project would include approximately 253 acres of Prime Farmland. Development of the Project would result in the conversion of this agricultural land to a non-agricultural use.

Overriding ConsideraƟons
As explained in greater detail in the Statement of Overriding ConsideraƟons below, the economic, legal, social, technological, or other benefits of the Project outweigh the remaining significant adverse impacts of the Project related to agriculture and forestry resources.

IMPACTS TO TRANSPORTATION/TRAFFIC
Based on the analysis provided within SecƟon 3.16 of the DraŌ EIR, there are no addiƟonal feasible miƟgaƟon measures available that would reduce conflicts to adopted General Plan and Caltrans policies to a less than significant level. Although the City has incorporated policies and planning measures into the Project that highlight the importance of resources related to transportaƟon and traffic, this impact remains significant and unavoidable. Impacts remaining significant and unavoidable are listed below:
• The Project could result in conflicts with General Plan and Caltrans levels of service, which measure the performance of the circulaƟon system.
• The Project could conflict with the County’s CongesƟon Process Steering CommiƩee CongesƟon Management Program.
• The Project could result in conflicts with General Plan policies regarding public transportaƟon service to regional parks.

AddiƟonal MiƟgaƟon Deemed Infeasible
There were no miƟgaƟon measures that were examined and determined to be infeasible. As described in SecƟon 3.16 of the DraŌ EIR, 32 miƟgaƟon measures are proposed to reduce the Project’s impacts to City and Caltrans faciliƟes. These include the widening of State Route 198 from four lanes to six lanes, the construcƟon of turn lanes at City intersecƟons, and construcƟon of traffic signals. Traffic congesƟon will conƟnue to increase due to planned populaƟon increases.

Effects of Impact
The Project would contribute to automobile delay. Other changes that are unforeseen at this Ɵme could result in addiƟonal significant impacts to transportaƟon/traffic.

Overriding ConsideraƟons
422
As explained in greater detail in the Statement of Overriding ConsideraƟons below, the economic, legal, social, technological, or other benefits of the Project outweigh the remaining significant adverse impacts of the Project related to transportaƟon/traffic.

B. STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to Public Resources Code SecƟon 21081 and CEQA Guidelines SecƟon 15093, the City of Visalia adopts and makes the following Statement of Overriding ConsideraƟons regarding the Significant and Unavoidable Impacts from:
• The loss of Prime Farmland.
• Conflicts with policies of the Visalia General Plan and Caltrans. • Conflicts with the Tulare COG’s congesƟon management plan.

C. FINDINGS AND STATEMENT
The City of Visalia finds and determines that all but the aforemenƟoned significant impacts of the Project will be reduced to an acceptable level by miƟgaƟon measures recommended in the DraŌ EIR. However, as set forth above, the City’s approval of the Project will result in four (4) (including cumulaƟve impacts to traffic) significant and unavoidable impacts and one cumulaƟvely considerable and significant impact that cannot be avoided even with incorporaƟon of all feasible miƟgaƟon. The City chooses to approve the Project because, in its view, the benefits resulƟng from the Project will render the significant effects acceptable.

The following statement idenƟfies the reasons why, in the City’s judgement, the benefits of the Project outweigh the four (4) significant and unavoidable impacts. The substanƟal evidence supporƟng the listed benefits of the Project can be found in these findings, in the Project itself and in the record of proceedings.

Pursuant to CEQA Guidelines SecƟon 15093, a decision-making agency may make a decision that the economic, legal, social, technological, or other benefits outweigh the potenƟally significant and unavoidable impacts of a project. Each of the overriding consideraƟons set forth below consƟtutes a separate and independent ground for findings that the benefits of the Project outweigh its potenƟal adverse environmental effects and is overriding consideraƟon warranƟng approval.

The City of Visalia finds that the Project, as approved, would have the following benefits:
• The Project will saƟsfy General Plan Policy PSCU-P-4 by developing a large regional park on the east side of the City.
• The Project will serve as the foundaƟon for the City’s future land use decisions based on goals and policies developed to serve the City’s development into the future. • The Project incorporates policies related to smart growth, sustainability, and walkability that will serve to enhance social physical, mental, and economic well-being. • The Project would encourage addiƟonal recreaƟonal acƟviƟes for its residents. • The Project would increase equitable access to recreaƟonal faciliƟes in the City. • The Project would aƩract events for the benefit of its residents and area. • The Project would include construcƟon of traffic improvements that would promote safety. • The Project implements policies to preserve and develop open space and recreaƟonal faciliƟes for the residents of the City.
423
• Increased recreaƟonal acƟviƟes within the City could result in an array of new types of businesses within the City, decreasing the likelihood that residents of the City have to travel elsewhere for services and acƟviƟes. This would provide for economic development growth within the City, boosƟng the local economy and reducing the negaƟve effects associated with reliance on other jurisdicƟons to provide services for residents of the City.

D. ABSENCE OF NEW INFORMATION
In accordance with CEQA:
• The City Council recognizes that the Final EIR incorporates informaƟon obtained and produced aŌer the DraŌ EIR was circulated for public review, and that it contains addiƟons, clarificaƟons, and modificaƟons.
• The City Council has reviewed and considered the Final EIR and all of this informaƟon. • The Final EIR does not add significant new informaƟon to the DraŌ EIR that would require recirculaƟon of the EIR.
• The new informaƟon added to the Final EIR does not involve a new significant environmental impact, a substanƟal increase in the severity of an environmental impact, or a feasible miƟgaƟon measure or alternaƟve considerably different from others previously analyzed that the City declines to adopt and that would clearly lessen the significant environmental impacts of the Project.
• No informaƟon indicates that the DraŌ EIR was inadequate or conclusory or that the public was deprived of meaningful opportunity to review and comment on the DraŌ EIR.

Therefore, the City Council finds that the changes and modificaƟons made to the EIR aŌer the DraŌ EIR was circulated for public review and comment do not individually or collecƟvely consƟtute significant new informaƟon within the meaning of Public Resources Code SecƟon 21092.1 or CEQA Guidelines SecƟon 15088.5.

E. CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT
For the reasons set forth herein:
• The City Council cerƟfies that the EIR has been completed in compliance with CEQA. • The City Council has independently reviewed the record and the EIR prior to cerƟfying the EIR and approving the Project.
• By these findings, the City Council confirms, raƟfies, and adopts the findings and conclusions of the EIR as supplemented and modified by these findings. • The EIR and these findings represent the independent judgement and analysis of the City and the City Council.
• The City Council reviewed the enƟrety of the EIR and bases its determinaƟon on the substance of the informaƟon contained therein.
• The City Council cerƟfies that the EIR is adequate to support approval of the acƟon that is the subject of the staff report to which these CEQA findings are aƩached.

Therefore, the City Council cerƟfies that the EIR is adequate to support approval of the Project and any minor modificaƟons thereto.
424
Resolution No. 2023-55
RESOLUTION NO. 2023-55

A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF VISALIA TO INITIATE ANNEXATION NO. 2021-02: A REQUEST TO ANNEX
APPROXIMATELY 128 ACRES, LOCATED WITHIN THE CITY OF

VISALIA URBAN DEVELOPMENT BOUNDARY TIER III, INTO THE
VISALIA CITY LIMITS. THE ANNEXATION REQUEST INCLUDES

AUTHORIZING THE DETACHMENT FROM COUNTY SERVICE AREA
NO. 1 IN ACCORDANCE WITH STATE AND COUNTY REQUIREMENTS.

THE PROPOSED PROJECT IS LOCATED SOUTH OF HOUSTON
AVENUE, EAST OF THE ROAD 148 (TOWER STREET) ALIGNMENT.
(APN: 103-110-024, 025, 026, 027, 028, 029, 032, 033)
WHEREAS, the project proponents approve to initiate proceedings for annexation to said city of territory described on the attached legal description and annexation map included as Attachment “A” of this resolution; and,
WHEREAS, the proponent desires to annex said territory to the City of Visalia for the following reasons: 1) The annexation will contribute to and facilitate orderly growth and development of both the City and the territory proposed to be annexed; 2) The annexation will facilitate and contribute to the proper and orderly layout, design and construction of streets, gutters, sanitary and storm sewers and drainage facilities, both within the City and within the territory proposed to be annexed; and 3) The annexation will provide and facilitate proper overall planning and zoning of lands and subdivision of lands in said City and said territory in a manner most conducive of the welfare of said City and said territory; and,
WHEREAS, this proposal is made pursuant to the Cortese-Knox-Hertzburg Local Government Reorganization Act of 2000, commencing with Section 56000 of the Government Code of the State of California; and,
WHEREAS, the territory proposed to be annexed is uninhabited; and, WHEREAS, the territory proposed to be annexed is located in Voting District 5 as identified in the Election District Map adopted by the City Council on February 22, 2022, per Resolution No. 2022-11; and,
WHEREAS, the Draft Environmental Impact Report (Draft EIR) for the East Side Regional Park and Groundwater Recharge Project, which considered impacts from Annexation No. 2021-02, was released on February 2, 2023, for circulation for a period of 45 days; and,
WHEREAS, the Final Environmental Impact Report (Final EIR) for the East Side Regional Park and Groundwater Recharge Project, was released on October 9, 2023, and consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses 425
Resolution No. 2023-55
of the City of Visalia to public comments on the Draft EIR; errata to the foregoing; and other information added by the City of Visalia as specified in the record; and, WHEREAS, the California Environmental Quality Act (CEQA) required that, in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which in full are contained in Resolution No. 2023-55 pertaining to the certification of the Final EIR prepared for the East Side Regional Park and Groundwater Recharge Project; and,
WHEREAS, the Planning Commission of the City of Visalia, after a duly published notice, did reviewed this proposal and hold a public hearing on October 23, 2023, and found it to be consistent with the General Plan; and,
WHEREAS, the City Council of the City of Visalia, after a 10 day published notice, reviewed this proposal and held a public hearing on November 20, 2023, and found it to be consistent with the General Plan.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia finds that Final EIR for the East Side Regional Park and Groundwater Recharge Project, SCH# 2014121076, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia makes the following specific findings with regards to the project:

1. That the Annexation is consistent with the intent of the General Plan and Zoning Ordinance, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed Annexation, which will re-designate 128 acres of AE-20 (Agricultural Exclusive 20-acre) County zone district to QP (Quasi-Public) zone, will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the parcel is not located within an Agricultural Preserve.

4. That the parcel will be annexed into Voting District 5 per the Council Election Voting District Map.

5. That the project is consistent with the project description contained in the Final Environmental Impact Report (FEIR) (SCH# 2014121076) for the project associated with this Annexation, specifically for development is identified and described in the East Side Regional Park and Groundwater Recharge Project, and for which said FEIR is recommended to be certified by the City Council precedent to the Planning Commission and City Council’s consideration of this Annexation request, consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.
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Resolution No. 2023-55
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia requests the following actions:

1. Application is hereby made to the Executive Officer of the Local Agency Formation Commission (LAFCO), County of Tulare, State of California, for an annexation of territory illustrated in the map attached as Exhibit “A”.

2. Proceedings shall be taken for this annexation proposal pursuant to Title 5, Division 3, Part 3 of the California Government Code and other relevant provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000.

3. In conjunction with the proceedings being taken for this annexation proposal, application is also hereby being made to the Executive Officer of the Local Agency Formation Commission, County of Tulare, State of California, for detachment from County Service Area No. 1.

4. The Council hereby requests waiver of the conducting authority proceedings in accordance with Government Code Section 56663(c).

5. Upon annexation, the territory shall be zoned QP (Quasi-Public) zone, consistent with the underlying General Plan land use designations as proposed through the General Plan Amendment.

6. Upon annexation, the territory shall be assigned to Voting District 5, and the Election District Map adopted on February 22, 2022, per Resolution No. 2022-11 shall be amended to reflect the new territory assigned to Voting District.

7. The City Clerk of the City of Visalia is authorized and directed to file a certified copy of this resolution with the Executive Officer of Tulare County LAFCO.

8. The East Side Regional Park and Ground Water Recharge project area be developed in compliance with the City Council adopted Site Master Plan Concept Plan B1 as identified in Attachment 4 of the City Council staff report dated November 20, 2023, and Figure 2-5 of the EIR.
427
Resolution No. 2023-55
Attachment “A” of City Council Resolution No. 2023-55
Annexation legal description and map
428
Resolution No. 2023
-55
429
RESOLUTION NO. 2023-56

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, APPROVING GENERAL PLAN AMENDMENT NO. 2021-16:

A REQUEST BY THE CITY OF VISALIA TO REDESIGNATE APPROXIMATELY 42

ACRES FROM RESIDENTIAL LOW, MEDIUM, AND HIGH DENSITIES TO PARKS/RECREATION TO FACILITATE THE EAST SIDE REGIONAL PARK.

THE PROPOSED PROJECT IS LOCATED ON APPROXIMATELY 42 ACRES, SOUTH OF HOUSTON AVENUE, EAST OF THE ROAD 148 (TOWER STREET) ALIGNMENT. (APN: 103-110-024, 025, 029, 032, 033)
WHEREAS, General Plan Amendment No. 2021-16 is a request by the City of Visalia to redesignate approximately 42 acres from Residential Low, Medium, and High Densities to Parks/Recreation to facilitate the East Side Regional Park. The proposed Project is located on approximately 42 acres, south of Houston Avenue, east of the Road 148 (Tower Street) alignment. (APN: 103-110-024, 025, 029, 032, 033); and, WHEREAS, the Draft Environmental Impact Report (Draft EIR) for the East Side Regional Park & Groundwater Recharge Project, which considered impacts from General Plan Amendment No. 2021-16, was released on February 2, 2023, for circulation for a period of 45 days; and,
WHEREAS, the Final Environmental Impact Report (Final EIR) for the East Side Regional Park & Groundwater Recharge Project, was released on October 9, 2023, and consists of the Draft EIR and the revisions of, and additions to, the Draft EIR; the written comments and recommendations received on the Draft EIR; the written responses of the City of Visalia to public comments on the Draft EIR; errata to the foregoing; and other information added by the City of Visalia as specified in the record; and, WHEREAS, the California Environmental Quality Act (CEQA) required that, in connection with the approval of a project for which an EIR has been prepared that identified one or more significant effects, the decision making body makes certain findings regarding those effects, which in full are contained in Resolution No. 2023-54 pertaining to the certification of the Final EIR prepared for the East Side Regional Park & Groundwater Recharge Project; and,
WHEREAS, the Planning Commission of the City of Visalia, after duly published notice did hold a public hearing before said Commission on October 23, 2023; and WHEREAS, the City Council of the City of Visalia, after 10 days published notice, held a public hearing before said Council for General Plan Amendment No. 2021-14 on November 20, 2023; and,
WHEREAS, the Planning Commission and the City Council of the City of Visalia considered General Plan Amendment No. 2021-16 to be in accordance with Section

17.54.070 of the Zoning Ordinance of the City of Visalia based on evidence contained in the staff report and testimony presented at the public hearing.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Visalia finds that Final EIR for the East Side Regional Park & Groundwater Recharge Project, 430
Resolution No. 2023-56
SCH# 2014121076, was prepared consistent with the California Environmental Quality Act and City of Visalia Environmental Guidelines.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves General Plan Amendment No. 2021-16 based on the following specific findings and evidence presented:

1. That the proposed General Plan Amendment is consistent with the goals, objectives, and policies of the General Plan, and is not detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity.

2. That the proposed General Plan Amendment creating 128 acres Parks / Recreation designation will not impose new land uses or development that will adversely affect the subject site or adjacent properties.

3. That the General Plan Amendment will help facilitate the development of a regional park use and groundwater recharge basins within the Tier I and II Urban Development Boundaries, consistent with General Plan Policies, including Policy PSCU-P-4 which specifically calls for creating large new park at the City’s eastern edge to enhance the City’s eastern gateway along Highway 198, ensure separation between communities, and provide ample recreation space for the larger area. Furthermore, the proposed park project resulting from the amended General Plan land use map is compatible with the adjacent residential uses.

4. That the project is consistent with the project description contained in the Final Environmental Impact Report (FEIR) (SCH# 2014121076) for the project associated with this General Plan Amendment, specifically for development is identified and described in the East Side Regional Park and Groundwater Recharge Project, and for which said FEIR is recommended to be certified by the City Council precedent to the Planning Commission and City Council’s consideration of this General Plan Amendment request, consistent with the California Environmental Quality Act (CEQA) and City of Visalia Environmental Guidelines.

BE IT FURTHER RESOLVED that the City Council of the City of Visalia approves General Plan Amendment No. 2021-16, as depicted per Exhibit “A”, on the real property described herein, in accordance with the terms of this resolution and under the provisions of Section 17.54.070 of the Ordinance Code of the City of Visalia. 431
Resolution No. 2023-56
Exhibit “A”
GENERAL PLAN AMENDMENT NO. 2021-16
City Council Resolution No. 2023-56
432
433
NOBLE
RD 152
HWY 198
AVE 296

IVANHOE

MC AUL FI F
OAK

RACE CO
MSTOCK
RD 156

HOUSTON
MURRAY
ARROYO
VISTA

SOL BELM
ONT RD 146
STAPP
AVE 309

ST JOHNS
CENTER
RD 158
AMADOR

ACEQUIA

WESTCOTT

COLLEGE

DOUGLAS

RIO VISTA
WILLOW
GRAND
ELOWIN
HAROLD

ELVERTA
VILLOY
W NI D
SUM

MIT AUBURN

HOLLAND
RD 152
RD 146
W NI D
SOL
SOL
OAK
RD 156
SOL
STAPP
CENTER

R OI V SI TA
¨
SCE Power Lines Easement
& Greenway Trail Project
North Half of Planned
Tower Street (Road 148) Interchange
Planned Tower Street alignment
East Side Regional Park
& Groundwater Recharge
Project Area
(248 acres net)
EXHIBIT 1

PROJECT PLANNING AREA MAP
KDWCD
Oakes
Basin
DWR Grant Funded
Oakes Basin West
Expansion
434
435
Exhibit A
Annexation XX-XX
That portion of the Northwest quarter of Section 26, Township 18 South, Range 25 East, and the Southwest quarter of Section 23, Township 18 South, Range 25 East, Mount Diablo Base and Meridian, in the County of Tulare, State of California described as follows; Beginning at the Southwest corner of said Northwest quarter, said point being on the existing City Limit of the City of Visalia, thence along the following courses; Course 1: North 0º27’13” West along the west line of said Northwest quarter and said existing City Limit of the City of Visalia, 2706.42 feet to the Northwest corner of said Northwest quarter; Course 2: Thence North 0º00’55” West along the west line of said Southwest quarter of Section 23 and said existing City Limit of the City of Visalia, 280.92 feet to the southerly right of way of State Highway 216, also known as Houston Ave;
Course 3: Thence departing said existing City Limit of the City of Visalia, North 69º06’18” East along said southerly right of way 540.33 feet to a point on the northerly line of Parcel 4 of Lot Line Adjustment Map No. PLA 13-039, recorded December 11, 2014 as Document No. 2014-0065999 Official Records of Tulare County;
Course 4: Thence South 0º07’18” East along said northerly line 161.26 feet to an angle point in said northerly line;
Course 5: Thence continuing along said northerly line North 87º52’42”, 130.06 feet to an angle point in said northerly line;
Course 6: Thence continuing along said northerly line South 0º08’15” East, 363.05 feet to an angle point in said northerly line;
Course 7: Thence continuing along said northerly line, also along the northerly line of Parcel 2 of Lot Line Adjustment Map No. PLA 13-040, recorded December 11, 2014 as Document No. 2014-0065993 Official Records of Tulare County, South 89º50’14” East, 1014.07 feet to the Northeast corner of said Parcel 2;
Course 8: Thence South along the east line of said Parcel 2, a distance of 917.06 feet to the Southeast corner of said Parcel 2, said point also being a point on the north line of the parcel granted to the City of Visalia per Correctory Grant Deed, recorded July 9, 2012, as Document No. 2012-0042951 Official Records of Tulare County;
Course 9: Thence South 89º50’14” East along the north line of said City of Visalia parcel, 522.11 feet to the Northeast corner of said City of Visalia Parcel;
Course 10: Thence South 0º42’59” East along the east line of said City of Visalia parcel, also being the east lines of Parcel 6, Parcel 5, and Parcel 4 of Parcel Map No. 4873, recorded in Book 49 of Parcel Maps at Page 78, Tulare County Records, 1776.93 feet to the Southeast corner of said Parcel 4, said point also 436
being on the south line of said Northwest quarter, also being a point on the existing City Limit of the City of Visalia;
Course 11: Thence along said existing City Limit of the City of Visalia and the south line of said Northwest quarter, North 89º00’17” West, 2173.20 feet to the Southwest corner of said Northwest quarter and the Point of Beginning.

Containing approximately 128.3 acres
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REPORT TO CITY OF VISALIA PLANNING COMMISSION
HEARING DATE: October 23, 2023
PROJECT PLANNER: Brandon Smith, Principal Planner
Phone No.: (559) 713-4636
Email: [email protected]
SUBJECT: General Plan Amendment No. 2021-16: A request by the City of Visalia to redesignate approximately 42 acres from Residential Low, Medium, and High Densities to Parks/Recreation to facilitate the East Side Regional Park.

Initiation of Proceedings for Annexation No. 2021-02: A request by the City of Visalia to annex approximately 128 acres, located within the City of Visalia Urban Development Boundary Tier III, into the Visalia city limits. The annexation request includes authorizing the detachment from County Service Area No. 1 in accordance with State and County requirements.

Recommended certification of the Final Environmental Impact Report prepared for the East Side Regional Park & Groundwater Recharge Project (State Clearinghouse Number 2014121076).

The proposed Project is located on approximately 286 acres, between Mineral King Avenue and Houston Avenue, east of the Road 148 (Tower Street) alignment. (APN: 103-110-024, 025, 026, 027, 028, 029, 032, 033; 103-500-001, 002, 003; 103-510-002, 003, 004, 005, 007, 008, 009)

STAFF RECOMMENDATION
Final Environmental Impact Report:

Staff recommends that the Planning Commission adopt Resolution No. 2023-55, recommending that the City Council certify the Final Environmental Impact Report (State Clearinghouse Number 2014121076), including a Finding of Fact and Statement of Overriding Considerations, for the project, based upon the findings in said resolution.

General Plan Amendment No. 2021-16 and Annexation No. 2021-02:

Staff recommends that the Planning Commission recommend that City Council approve the General Plan Amendment and initiate the Annexation, as conditioned, based on the findings in Resolution Nos. 2023-56 and 2023-57. Staff’s recommendation is based on the conclusion that the request is consistent with the Visalia General Plan and the required findings for each respective entitlement.

RECOMMENDED MOTION
I move to recommend that the City Council certify the Final Environmental Impact Report prepared for the East Side Regional Park & Groundwater Recharge Project (State Clearinghouse Number 2014121076), according to Resolution No. 2023-55.

I move to recommend approval of General Plan Amendment No. 2021-16, based on the findings in Resolution No. 2023-56.

I move to recommend the initiation of Annexation No. 2021-02, based on the findings in Resolution No. 2023-57.
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PROJECT DESCRIPTION
The City of Visalia is the applicant and lead agency on the preparation of an Environmental Impact Report for the East Side Regional Park (ESRP) and Groundwater Recharge Project. The project has been proactively planned by the City to help develop solutions to the region’s receding groundwater table, and property acquisition by the City of Visalia has been occurring since 2001.

The Project area consists of approximately 286 acres, including 40 acres of planned street & infrastructure improvements. The ESRP also includes a total of seven groundwater recharge basins (referred to as Basins A through G) of which four are currently identified and in different project phases within the City’s current CIP. The project will include Road 148 / Tower Street as a new arterial roadway, and improvements to Houston Avenue, Road 152, and Mineral King Avenue. The project has allocated approximately 148 acres for park uses. The dedicated groundwater recharge elements (basins) will encompass approximately 100 acres and are planned to receive allotted water deliveries to help replenish the area’s groundwater. Construction of park proper, groundwater recharge facilities, the future Road 148 / Tower Street and its interchange with State Route 198 will be within the footprint area.

Professional services for the preparation of design work began in 2014. On September 15, 2014, the City Council authorized Provost & Pritchard to enter into an agreement to prepare an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA). The agreement included the sub-consulting services of the HLA Group for the park master planning process. In early and mid-2015, master plan alternatives were developed through community input from four community workshops, the Park Planning Task Force, meetings with multiple City Committees and the Parks and Recreation Commission, and City staff.

In addition to the groundwater recharge project, on August 17, 2015, the City Council voted to adopt Concept B1 as the ESRP Site Master Plan (see Exhibit “A”). The park’s comprehensive plan as proposed includes 139 acres of active recreational park space. Some of the park’s major programmed uses include but not limited to separate lighted adult softball and youth baseball fields, soccer courts, tennis courts, pickleball courts, 3-acre dog park, multi-use trails, event and open space turf areas, parking areas, amphitheater, and community center building. City staff has since carried Concept B1 as the basis of the EIR and design of all Groundwater Recharge facilities to date.

The land use entitlement issues are addressed and incorporated into the project’s Environmental Impact Report, and the land use entitlements are being processed concurrently with the CEQA review process. No Conditional Use Permit is required for the park facilities in accordance with the Quasi-Public zoning designation, which allows such recreational uses as a permitted use. 440
Annexation No. 2021-02 is a request to annex parcels totaling approximately 128 acres located outside the city limits and within Tulare County (see Exhibit “D”). Upon annexation, the Zoning designations for the project area will consist of Quasi-Public (QP zoning), consistent with the underlying General Plan land use designation as proposed through the General Plan Amendment. Current land use designations for parcels being annexed are summarized as follows:

Land Use Designation Existing ac. Growth Tier
Parks / Recreation 84.5 Tier I
Conservation (Mill Creek) 1.5 Tier I
Low Density Residential 12.3 Tier III
Medium Density Residential 24.5 Tier III
High Density Residential 5.3 Tier III
General Plan Amendment No. 2021-16 is requested to change land use designations upon parcels totaling approximately 42 acres, located in Growth Tier III that are under ownership of the City of Visalia. The General Plan Amendment will further transfer the 42 acres from Growth Tier III to Growth Tier I, being that the property is associated with the project area of the East Side Regional Park.

A portion of the project site is within the City’s Urban Development Boundary (UDB) Tier III, however it is exempt from the City’s Agricultural Preservation Ordinance since the use constitutes a public facility.

BACKGROUND INFORMATION
Existing General Plan Land Use
Designation:
• Low Density Residential
• Medium Density Residential
• High Density Residential
• Conservation
• Parks / Recreation
Proposed General Plan Land
Use Designation:
• Conservation
• Parks / Recreation
Existing Zoning: • City portion: Q-P (Quasi-Public)
• County portion: AE-20
Zoning upon annexation to City: • Q-P (Quasi-Public)
441
Surrounding General Plan &
Land Use:

North: Residential, Commercial, and Public Institutional City General Plan designations / Open space, rural
residential, storage
South: AE-20 and C-2-SC County Zoning designations /
Divided highway, open space, rural residential,
service commercial uses
East: AE-20 and C-2-SC County Zoning designations /
Open space, rural residential, service commercial
uses
West: R-1-5 (Single-family Residential) City Zoning
designation / Edison transmission poles, singlefamily residences Environmental Review: Draft and Final Environmental Impact Report for East Side Regional Park & Groundwater Recharge Project, State
Clearinghouse #2014121076
Special Districts: None
Site Plan Review: SPR No. 2015-115

RELATED PLANS & POLICIES
Please see attached summary of related plans and policies.

RELATED PROJECTS
None.

PROJECT EVALUATION
Staff supports the annexation based on the project’s consistency with the Land Use Element of the General Plan.

Completion of EIR
Completion of the EIR will increase the City’s opportunities for the acquirement of grant funding for either the park or recharge elements of the project. In the time that the Draft EIR has been finalized between 2015 and 2020, the City has been successful in acquiring grant funds for the design and construction of Basins G and D, requiring staff to prepare separate and individual environmental reviews (i.e., Mitigated Negative Declarations) for these projects. During that same process, notice of environmental determinations were also filed for Basins E and F due to their proximity and again for grant funding purposes.

Groundwater Basins
The development of the East Side groundwater recharge project is part of the City’s implementation program to manage recharge water deliveries under the water exchange agreement with Tulare Irrigation District along with other surface water deliveries received via the 442
Kaweah River and/or the Central Valley Project Friant-Kern Canal. The area was selected because it is upgradient of the City’s groundwater, and thus is strategically located to receive the water deliveries and replenish the groundwater. Further, geotechnical analysis determined subsurface soil conditions favorable to water infiltration. During times of unprecedented storm events, the creation of these basins will also decrease stormwater flows before they reach the City’s center, decreasing the potential for flooding in neighboring communities and the downtown core. Mill Creek, which bisects about midpoint of the project site, flows west through Downtown Visalia, through a FEMA flood zone. These basins will help to reduce the stormwater flow through the corridor to help reduce the flood risks. In addition, development of the park recreation features will provide access to much needed nature trails and open space in an area that currently has no parks within one mile of the site.

Annexation No. 2021-02
The project entails initiating annexation of 128 acres out of the project’s overall 286-acre project site into the Visalia City limits. In addition to the project site, the final annexation area will include acreage from the portion of Houston Avenue adjoining the project site. The site will be pre-zoned to Quasi-Public, consistent with the subject site’s corresponding Parks / Recreation land use designation proposed through the General Plan Amendment. The annexation can be supported on the basis that the proposal is consistent with Land Use Policy LU-P-21, which allows for the annexation and development of residential land to occur within the Tier II Urban Development Boundary consistent with the City’s Land Use Diagram.

The General Plan Amendment will further amend the City’s Growth Tier boundaries so that the entirety of the project site will be within the Tier I Urban Development Boundary.

The site can be serviced with all the requisite utility and infrastructure available to serve the site upon development.

Consistency with City’s General Plan
The General Plan’s Parks, Schools, Community Facilities, and Utilities Element contains multiple policies in support of the establishment of a new large city park situated on the City’s eastern edge. Policy PSCU-P-4 specifically directs the City to create such a park:

The proposed park will function jointly as a City park together with open space areas that function as groundwater recharge basins. The entire park is designed to include multi-use trails with fitness equipment that circle around the groundwater recharge facilities, which supports the Element’s Objective PSCU-O-6 that speaks of maximizing opportunities for joint use of public land and facilities that involve stormwater ponding basins and other areas under public jurisdiction suitable for recreation.
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Consistency with State Law: Housing Crisis Act of 2019 (Government Code Sec. 66300) The Housing Crisis Act of 2019 mandates that jurisdictions shall not adopt an entitlement that changes general plan land use designations of parcels to a less intensive use with regards to the site’s residential development capacity, below what was in in effect on January 1, 2018 (Government Code Section 66300(b)(1)).

However, it should be acknowledged that the City’s selected concept for this park and the Notice of Preparation of a Draft Environmental Impact Report for the development of this park were completed in 2014 / 2015, which is before the January 1, 2018 threshold. Therefore, the City finds that there is reasonable argument that this statute pertaining to the Housing Crisis Act of 2019 should not apply. Because the City Council had reviewed and started the process to have approximately 42 acres of Low, Medium, and High Density Residential land designations changed with the concept plan and this EIR, before January 1, 2018, the Housing Crisis Act of 2019 does not apply.

Consistency with State Law: No Net Loss Law (Government Code Sec. 65863) The purpose of the No Net Loss Law is to ensure that a jurisdiction continues to maintain adequate sites to accommodate its remaining unmet regional housing needs allocation (RHNA) by each income category at all times throughout the entire Housing Element planning period. Similar to the Housing Crisis Act of 2019 explained above, a jurisdiction cannot take action to reduce a parcel’s residential density without finding that the jurisdiction has other remaining sites that can accommodate its remaining unmet RHNA.

Traffic Impact Study
A Traffic Impact Study (TIS) was prepared for the proposed project (ref.: City of Visalia East Side Regional Park & Groundwater Recharge Project EIR Traffic Impact Study Report, VRPA Technologies, March 2019), attached as Appendix M of the EIR. The purpose of the study is to analyze traffic conditions related to buildout of the project and its projected level of service (LOS) at multiple traffic scenarios, including Existing conditions, Near-Term opening year projection, and at the Cumulative Year 2040 scenario, and the corresponding environmental impact as required by the California Environmental Quality Act (CEQA).

The TIS concluded that various intersection improvements are needed at the different buildout scenarios and timeframes. Intersection improvements are summarized in Section 3.16.5 in the EIR.

Mitigation measures have been included in the Environmental Impact Report to address the roadway deficiencies described above, addressing various intersections.

For the Existing Plus Project and Near-Term conditions, Measures TR-1 and TR-2 require widening approaches or adding turning lanes to the intersections of Lovers Lane / Mineral King Avenue and State Route 198 Westbound Ramps / Mineral King Avenue. It should be noted that 444
Caltrans is expected to break ground on a reconfiguration of the State Route 198 Westbound Ramps at Lovers Lane in late 2023 / early 2024.

At full buildout of the Project, all study intersections are expected to operate with minimal delay (at or above LOS D) during peak hours, both with and without project traffic, or can be mitigated to operate at an acceptable LOS, excepting for the following intersections:
• State Route 198 Westbound Ramps / Mineral King Avenue, near Lovers Lane (see Measure TR-2 and TR-7)
• State Route 198 Eastbound Ramps / Lovers Lane (see Measures TR-4 and TR-6) • Road 152 / Mineral King Avenue (see Measure TR-7)
• State Route 198 Westbound Ramps / Mineral King Avenue, near Road 156 (see Measure TR-11)
As a result, even with implementation of all feasible mitigation measures, the project EIR concludes that full buildout of the Project will result in significant and unavoidable impacts.

Environmental Review
A Draft and Final Environmental Impact Report (EIR) (State Clearinghouse Number 2014121076), incorporated herein by reference, has been prepared in association with the East Side Regional Park & Groundwater Recharge project, in accordance with the California Environmental Quality Act (CEQA).

Significant and Unavoidable Impacts
The EIR has determined that all project impacts were either less than significant or could be mitigated to a less than significant level with the exception of the following impacts that are considered significant and unavoidable:
• Agriculture & Forestry Resources - Loss of farmland
• Transportation – Unacceptable Level Of Service at various intersections and road segments in the near term and long term, inconsistent with General Plan Policy T-P-9 Pursuant to CEQA Guidelines sections 15043, 15091 and 15092, the City, as the Lead Agency, may still approve a project for which the EIR identifies significant and unavoidable environmental impacts resulting from the project. This requires the adoption of a Statement of Overriding Considerations for each environmental impact that falls into the category of significant and unavoidable.
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The decision to adopt a Statement of Overriding Considerations must be supported by factual documentation that supports the decision that:

1. There is no feasible way to lessen or avoid the significant impact; and,

2. Specifically identified expected benefits from the project outweigh the policy of reducing or avoiding significant environmental impacts of the project.

The findings and recommended conclusions for each of the six environmental analysis areas noted above are contained in the resolution recommending certification of the EIR.

Mitigation Measures
The EIR further disclosed mitigation measures that are incorporated into the project to reduce or avoid significant effects on the environment. The measures address the following resources:
• Thirteen (13) mitigation measures pertaining to Biological Resources for impacts of the project to special-status wildlife species possible to occur on-site (i.e., Swainson’s hawk, white-tailed kite, tricolored blackbird, northern harrier, burrowing owl, loggerhead shrike, palled bat, western mastiff bat, and American badger).
• Four (4) mitigation measures pertaining to Cultural Resources to reduce the impacts of the project on the potential of exposing historical or archaeological materials during construction.
• Four (4) mitigation measures pertaining to Noise to address the impacts of playing fields and amphitheater noise upon noise-sensitive land uses, construction of block walls adjacent to residential uses, and construction noise measures. • Thirty-two (32) mitigation measures pertaining to Transportation, wherein two measures are for intersection improvements at the Lovers Lane / Mineral King Avenue section and the SR 198 westbound ramps / Mineral King Avenue prior to the operation of Phase 2, and thirty measures are for constructing recommended on-site and site-adjacent improvements prior to the operation of Phase 3 for Cumulative Year 2040 Impacts.

Project Alternatives
CEQA Guidelines Section 15126.6 requires the consideration of a range of reasonable alternatives to the proposed Project that could feasibly attain most of the objectives of the proposed Project. This Draft EIR analyzed the following alternatives:
• Alternate #1: Under this Alternative, the site would be developed in a manner largely similar to the Project, except that that the location of park facilities within the Project site would be changed. This was considered as Concept A1 in the initial planning process. • Alternative #2: Under this Alternative, the site would be developed like the Project Concept except that sports lighting would be removed and park hours would be limited to mostly daylight hours.
• No Project Alternative: Under this Alternative, the Project would not be constructed, and the site would remain in agricultural production.

Public Review and Recommendation
Circulation of the Draft EIR followed a Notice of Availability period wherein the Draft EIR was duly noticed and conducted for the project for a 45-day public review and comment period from February 2 to March 20, 2023. The City of Visalia is the lead agency for the preparation of the EIR. Three comment letters were received during this public review period, from California Department of Fish & Wildlife, San Joaquin Valley Air Pollution Control District, and California 446
Department of Transportation. City staff and the consultant have prepared responses to the comments received (refer to the Final EIR, dated October 2023). The Draft Program EIR, including the technical appendices, all the comments received and the responses to these comments, constitute the Final EIR.

The Planning Commission is asked to review the overall content of the Final EIR, the responses to the comments received to date, and consider any further testimony received during the public hearing. At the conclusion of the public hearing, the Planning Commission will make its recommendations on the Final EIR and entitlements, including recommendations to the City Council where they have final authority. The recommendations will be forwarded to the City Council in Resolution form to be included in the materials presented to the City Council for its final determination. The certification of the EIR for this project rests with the final approving body, which is the City Council.

RECOMMENDED FINDINGS
Environmental Impact Report (State Clearinghouse Number 2014121076 The findings are incorporated into Resolution No. 2023-55.

If the Planning Commission finds that the Annexation and General Plan Amendment are consistent with the intent of the General Plan, staff recommends that the following findings be made:

Annexation No. 2021-02

3. That the parcel is not located within an Agricultural Preserve.

4. That the parcel will be annexed into Voting District 5 per the Council Election Voting District Map.

General Plan Amendment No. 2021-16

3. That the General Plan Amendment will help facilitate the development of a regional park use and groundwater recharge basins within the Tier I Urban Development Boundary, consistent with General Plan Policies, including Policy PSCU-P-4 which specifically calls for creating large new park at the City’s eastern edge to enhance the City’s eastern gateway along Highway 198, ensure separation between communities, and provide ample recreation space for the larger area. Furthermore, the proposed park project resulting from the amended General Plan land use map is compatible with the adjacent residential uses.

RECOMMENDED CONDITIONS
Annexation No. 2021-02

1. Upon annexation, the territory shall be zoned QP (Quasi-Public) zone, consistent with the underlying General Plan land use designations as proposed through the General Plan Amendment.

APPEAL INFORMATION
Annexation No. 2021-02 and General Plan Amendment No. 2021-16 For the Annexation and General Plan Amendment, the Planning Commission’s recommendation is advisory only. The final decision will be by the Visalia City Council following a public hearing.

Therefore, the Planning Commission’s recommendation in this matter is not appealable. 448
Attachments:
• Related Plans and Policies
• Resolution No. 2023-55 – Recommendation of certification of Final EIR • Resolution No. 2023-56 – General Plan Amendment No. 2021-16 • Resolution No. 2023-57 – Annexation No. 2021-02
• Exhibit "A" – Master Plan Concept
• Exhibit “B” – Project Planning Area Map
• Exhibit “C” – Recharge Basins Location Map
• Exhibit “D” – Annexation Area
• Draft Environmental Impact Report (for EIR Appendices, refer to website links below) The Draft EIR is also found at https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=52873 • Final Environmental Impact Report
The Final EIR is also found at https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=54441 • General Plan Land Use Map
• Zoning Map
• Aerial Map
• Location Map
Available online via City of Visalia Website:
• EIR Appendices A - D: https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=52874 • EIR Appendices E - R: https://www.visalia.city/civicax/filebank/blobdload.aspx?BlobID=52875 449

RELATED PLANS AND POLICIES
General Plan and Zoning: The following General Plan and Zoning Ordinance policies apply to the proposed project:

General Plan Land Use Policies:

LU-P-19: Ensure that growth occurs in a compact and concentric fashion by implementing the General Plan’s phased growth strategy. The General Plan Land Use Diagram establishes three growth rings to accommodate estimated City population for the years 2020 and 2030. The Urban Development Boundary I (UDB I) shares its boundaries with the 2012 city limits. The Urban Development Boundary II (UDB II) defines the urbanizable area within which a full range of urban services will need to be extended in the first phase of anticipated growth with a target buildout population of 178,000. The Urban Growth Boundary (UGB) defines full buildout of the General Plan with a target buildout population of 210,000. Each growth ring enables the City to expand in all four quadrants, reinforcing a concentric growth pattern.

LU-P-21: Allow annexation and development of residential, commercial, regional retail, and industrial land to occur within the Urban Development Boundary (Tier II) and the Urban Growth Boundary (Tier III) consistent with the City’s Land Use Diagram, according to the following phasing thresholds: • “Tier II”: Tier II supports a target buildout population of approximately 178,000.

The expansion criteria for land in Tier II is that land would only become available for development when building permits have been issued in Tier I at the following levels, starting from April 1, 2010:

Residential: after permits for 5,850 housing units have been issued.

PSCU-O-1 Design parks and recreation facilities that will enhance community identity and serve the recreation and social needs of Visalians of all ages, economic situations and physical abilities.

PSCU-O-6 Maximize opportunities for joint use of public land and facilities involving schools, stormwater ponding basins and other areas under public jurisdiction suitable for recreation.

PSCU-P-2 Strive to achieve and maintain a citywide standard of at least five acres of neighborhood and community parks per 1,000 residents.

Credits for pocket parks can be granted under the Park Acquisition and Development Fee Program, subject to the design review criteria of Policy PSCU-P-8. These credits may be on a less than 1:1 basis.

PSCU-P-3 Reserve land and develop parks and public open spaces and recreation facilities consistent with designated Parks and Open Space land on the Land Use Diagram.

This designation is intended to cover existing and proposed new neighborhood, community, and regional parks; recreations centers; golf courses; multi-use paths and trails; and other open space areas.

PSCU-P-4 Create one large new park at the City’s eastern edge to enhance the City’s eastern gateway along Highway 198, ensure separation between communities, and provide ample recreation space for the larger area.

PSCU-P-11 Develop a system of natural corridors and greenways, consistent with the Parks and Open Space diagram (Figure 5-1).

These corridors will have biking and walking trails offering recreational opportunities and links between neighborhoods, parks, and Downtown. The system of corridors will include waterway 450
corridors as well as linear landscaped corridors to create natural gateways, parkways or buffer areas.

More specifically, this system is envisioned to include:
• Greenway corridor along the St. Johns River, including broader areas to the northwest to accommodate open space areas, large group picnic facilities, a nature center, or other uses; • Greenway corridors along Mill, Packwood and Cameron Creeks, and segments of other waterways, with sufficient width to protect riparian habitat and accommodate a multi-use trail; • A landscaped corridor on both sides of Highway 198 providing a scenic gateway into Visalia from the west; and
• A landscaped buffer zone or parkway along Shirk Road separating industrial from residential areas, and a greenway along Road 148 marking the eastern edge of the City, both accommodating a multi-use trail.

PSCU-P-26 Encourage cooperative agreements with the City and the Kaweah Water Conservation District, levee districts, irrigation companies, school district, College of the Sequoias, Southern California Edison Company and other public agencies and utilities to explore innovative recreation open space facilities throughout the Visalia planning area. 451
City of Visalia
East Side Regional Park &
Groundwater Recharge Project
Final Environmental Impact Report
State Clearinghouse No. 2014121076
City of Visalia, California
October 2023
Prepared for:

City of Visalia
California
Prepared by:

Provost & Pritchard Consulting Group
Visalia, California
452

1. Introduction
The City of Visalia prepared a Draft Environmental Impact Report (DEIR) for the East Side Regional Park & Groundwater Recharge Project (Project). In accordance with the California Environmental Quality Act (CEQA), a Notice of Availability was published in the Visalia Times Delta, a newspaper of general circulation in the Project area, announcing that the DEIR was available for a 45-day public and agency review and comment period from February 2, 2023 through March 20, 2023. The review and comment period was also announced to interested agencies through circulation by the State Clearinghouse of the Governor’s Office of Planning and Research as required by CEQA.

A Final Environmental Impact Report (FEIR) shall be prepared following the close of the announced DEIR public comment period. Section 15132 of the Guidelines implementing CEQA requires that the FEIR shall consist of:

1. The draft EIR or a revision of the draft.

2. Comments and recommendations received on the draft EIR either verbatim or in summary.

3. A list of persons, organizations, and agencies commenting on the draft EIR.

4. The responses of the Lead Agency to significant environmental points raised in the review and consultation process.

5. Any other information added by the Lead Agency,
The above required contents are organized in this FEIR as follows:

Chapter 2 – A list of persons, organization, and agencies commenting on the DEIR.

Chapter 3 – Responses from the City of Visalia (Lead Agency) to significant environmental points raised in the review and consultation process.

Chapter 4 – FEIR Clarifications to the DEIR (as a result of comments, recommendations, or responses.)
Chapter 5 – The original Draft EIR.

Chapter 6 – Attachments to the Final EIR
453

2. Persons, Organizations, and Agencies
Commenting on Draft EIR
San Joaquin Valley Air Pollution Control District, via email, letter dated March 17, 2023 California Department of Transportation, via email, letter dated March 22, 2023 California Department of Fish and Wildlife, via email, letter dated March 28, 2023 454

3. Comments Received on the Draft EIR and
Responses
Public Comments Received on Environmental Issues & Responses This section contains comments on environmental issues received during the public review period of the Draft EIR and responses to those comments.

Three comment letters were received from the agencies listed in Chapter 2. Scanned versions of these letters have been inserted in the following pages and are identified alphabetically. The individual comments within each letter are identified numerically.

None of these comments identified a new, unavoidable significant effect, nor did they result in a finding that the proposed mitigation measures in the EIR will not reduce potential effects to less than significant levels.

Instead, the comments resulted in minor changes that serve merely to clarify information in the EIR.

Accordingly, pursuant to CEQA Guidelines Section 15073.5, recirculation of the EIR is not required. 455
Letter A – San Joaquin Valley Air Pollution Control District (SJVAPCD) (March 17, 2023)
SJVAPCD Letter A Comments and City Responses
Comment A/1
Based on information provided to APCD, Project specific annual criteria pollutant emissions from construction and operation are not expected to exceed any of the significance thresholds as identified in the District’s Guidance for Assessing and Mitigating Air Quality Impacts (GAMAQI):
https://www.valleyair.org/transportation/GAMAQI.pdf.

Response A/1
Comment noted. The City of Visalia concurs with the Air District’s finding that the Project is not expected to exceed any of the significance thresholds identified in the Air District’s GAMAQI.

Comment A/1a
APCD recommends, to reduce impacts from construction-related diesel exhaust emissions, the Project should utilize the cleanest available off-road construction equipment, including the latest tier equipment.

Response A/1a
Comment noted. As stated on Page 3-39 of the DEIR, and confirmed by SJVAPCD in Comment A/1, the annual emissions from the construction phase of Phase 1, 2, and 3 of the Project would be less than the applicable SJVAPCD emission thresholds for criteria pollutants. The construction emissions are therefore considered less than significant solely from compliance with the SJVAPCD applicable Regulation VIII control measures. Therefore, no mitigation or application of additional reduction methods is warranted.

Comment A/2
The DEIR stated “Since the Project is located outside the recommended buffer distances associated with the sources found in Appendix C Table 4, the Project would not expose sensitive receptors to substantial pollutant concentrations. Therefore, there would be no impact.” The District concurs with this assessment in regard to the operation emissions of the Project. However, the District recommends the City evaluate the health risk to sensitive receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) associated with the Project’s construction related toxic emissions and mitigate any potentially significant risk to help limit exposure of sensitive receptors to emissions.

To determine the potential construction related health impacts on surrounding receptors (residences, businesses, hospitals, day-care facilities, health care facilities, etc.) a Prioritization and/or a Health Risk Assessment (HRA) should be performed for the Project. These health risk determinations should quantify and characterize potential Toxic Air Contaminants (TACs) identified by the Office of Environmental Health Hazard Assessment/California Air Resources Board (OEHHA/CARB) that pose a present or potential hazard to human health.

The health risk analysis should evaluate all potential air emissions from construction of the Project, including multi-year construction (e.g., to diesel exhaust emitted from heavy-duty off-road earth moving equipment during construction)..
456
A “Prioritization” is the recommended method for a conservative screening-level health risk assessment. The Prioritization should be performed using the California Air Pollution Control Officers Association’s (CAPCOA) methodology.

The District recommends that a more refined analysis, in the form of an HRA, be performed for any Project resulting in a Prioritization score of 10 or greater. This is because the prioritization results are a conservative health risk representation, while the detailed HRA provides a more accurate health risk evaluation.

To assist land use agencies and Project proponents with Prioritization analyses, the District has created a prioritization calculator based on the aforementioned CAPCOA guidelines, which can be found here:
http://www.valleyair.org/busind/pto/emission_factors/Criteria/Toxics/Utilities/PRIORITIZATION-CALCULATOR.xls Prior to performing an HRA, it is strongly recommended that land use agencies/ Project proponents develop and submit for District review a health risk modeling protocol that outlines the sources and methodologies that will be used to perform the HRA. This step will ensure all components are addressed when performing the HRA.

A development Project would be considered to have a potentially significant health risk if the HRA demonstrates that the Project-related health impacts would exceed the District’s significance threshold of 20 in a million for carcinogenic risk, or 1.0 for either the Acute or Chronic Hazard Indices.

A Project with a significant health risk would trigger all feasible mitigation measures. The District strongly recommends that development Projects that result in a significant health risk not be approved by the land use agency.

The District is available to review HRA protocols and analyses. For HRA submittals please provide the following information electronically to the District for review:
• HRA (AERMOD) modeling files
• HARP2 files
• Summary of emissions source locations, emissions rates, and emission factor calculations and methodologies.

For assistance, please contact the District’s Technical Services Department by:
• E-Mailing inquiries to: [email protected]
• Calling (559) 230-5900
Recommended Measure: Development Projects resulting in TAC emissions should be located an adequate distance from residential areas and other sensitive receptors in accordance to CARB's Air Quality and Land Use Handbook: A Community Health Perspective located at https://ww3.arb.ca.gov/ch/handbook.pdf.

Response A/2
Comment noted. A Health Risk Assessment was prepared using the air emissions provided in Appendix A of the Draft EIR. 100% of the on-site construction exhaust PM10 emissions were assumed to be Diesel Particulate Matter and modeled to occur over the course of 6.86 years, 5 days a week, during normal business hours of 8 a.m. to 5 p.m. The sensitive receptors nearest to the Project site, a total of 61, were modeled. These receptors 457
consist of residences to the west of proposed Tower Road, across Road 152, and along East Mineral King Avenue and East Houston Avenue. The maximum exposed individual cancer risk was determined to be 16.05 in one million. As the Air District’s threshold of significance is 20 in one million, impacts are less than significant. Results of this analysis can be found in Attachment A of the Final EIR.

Comment A/3
Since the Project consists of recreational development, gas-powered lawn and garden equipment have the potential to result in an increase of NOX and PM2.5 emissions. Utilizing electric lawn care equipment can provide residents with immediate economic, environmental, and health benefits. The District recommends the Project proponent consider the District’s Clean Green Yard Machines (CGYM) program which provides incentive funding for replacement of existing gas powered lawn and garden equipment. More information on the District CGYM program and funding can be found at: http://www.valleyair.org/grants/cgym.htm and http://valleyair.org/grants/cgym-commercial.htm.

Response A/3
Comment noted. As stated in Comment A/1, the Project will not exceed applicable District air quality thresholds. Therefore, additional compliance mitigation is not warranted.

Comment A/4
To support and accelerate the installation of electric vehicle charging equipment and development of required infrastructure, the District offers incentives to public agencies, businesses, and property owners of multi-unit dwellings to install electric charging infrastructure (Level 2 and 3 chargers). The purpose of the District’s Charge Up! Incentive program is to promote clean air alternative-fuel technologies and the use of low or zero-emission vehicles. The District recommends that the City and Project proponents install electric vehicle chargers at Project sites, and at strategic locations.

Please visit www.valleyair.org/grants/chargeup.htm for more information.

Response A/4
Comment noted. As stated in Comment A/1, the Project will not exceed applicable District air quality thresholds. Therefore, no mitigation or application of additional reduction methods is warranted.

Comment A/5
APCD issues permits for many types of air pollution sources, and regulates some activities that do not require permits. A Project subject to District rules and regulations would reduce its impacts on air quality through compliance with the APCD’s regulatory framework. In general, a regulation is a collection of individual rules, each of which deals with a specific topic. As an example, Regulation II (Permits) includes District Rule 2010 (Permits Required), Rule 2201 (New and Modified Stationary Source Review), Rule 2520 (Federally Mandated Operating Permits), and several other rules pertaining to APCD permitting requirements and processes.

The list of rules below is neither exhaustive nor exclusive. Current APCD rules can be found online at:
www.valleyair.org/rules/1ruleslist.htm. To identify other APCD rules or regulations that apply to future Projects, or to obtain information about District permit requirements, the Project proponents are strongly encouraged to contact the District’s Small Business Assistance (SBA) Office at (209) 557-6446. 458
Stationary Source emissions include any building, structure, facility, or installation which emits or may emit any affected pollutant directly or as a fugitive emission. District Rule 2010 (Permits Required) requires operators of emission sources to obtain an Authority to Construct (ATC) and Permit to Operate (PTO) from the District.

District Rule 2201 (New and Modified Stationary Source Review) requires that new and modified stationary sources of emissions mitigate their emissions using Best Available Control Technology (BACT).

This Project may be subject to District Rule 2010 (Permits Required) and Rule 2201 (New and Modified Stationary Source Review) and may require District permits. Prior to construction, the Project proponent should submit to the District an application for an ATC. For further information or assistance, the Project proponent may contact the District’s SBA Office at (559) 230-5888.

The Project is subject to District Rule 9510 because it will receive a Project-level discretionary approval from a public agency and will equal or exceed 9,000 square feet of space.

The purpose of District Rule 9510 is to reduce the growth in both NOx and PM emissions associated with development and transportation Projects from mobile and area sources; specifically, the emissions associated with the construction and subsequent operation of development Projects. The ISR Rule requires developers to mitigate their NOx and PM emissions by incorporating clean air design elements into their Projects. Should the proposed development Project clean air design elements be insufficient to meet the required emission reductions, developers must pay a fee that ultimately funds incentive Projects to achieve off-site emissions reductions.

Per Section 5.0 of the ISR Rule, an Air Impact Assessment (AIA) application is required to be submitted no later than applying for Project-level approval from a public agency. As of the date of this letter, the District has not received an AIA application for this Project. Please inform the Project proponent to immediately submit an AIA application to APCD to comply with District Rule 9510 so that proper mitigation and clean air design under ISR can be incorporated into the Project’s design.

Information about how to comply with District Rule 9510 can be found online at:
http://www.valleyair.org/ISR/ISRHome.htm.

The AIA application form can be found online at: http://www.valleyair.org/ISR/ISRFormsAndApplications.htm.

District staff is available to provide assistance and can be reached by phone at (559) 230-5900 or by email at [email protected].

In the event an existing building will be renovated, partially demolished or removed, the Project may be subject to District Rule 4002. This rule requires a thorough inspection for asbestos to be conducted before any regulated facility is demolished or renovated. Information on how to comply with District Rule 4002 can be found online at: http://www.valleyair.org/busind/comply/asbestosbultn.htm.

The Project may be subject to District Rule 4601 since it may utilize architectural coatings. Architectural coatings are paints, varnishes, sealers, or stains that are applied to structures, portable buildings, pavements or curbs. The purpose of this rule is to limit VOC emissions from architectural coatings. In addition, this rule specifies architectural coatings storage, cleanup and labeling requirements. Additional information on how to comply with District Rule 4601 requirements can be found online at:
http://www.valleyair.org/rules/currntrules/r4601.pdf.

The Project proponent may be required to submit a Construction Notification Form or submit and receive approval of a Dust Control Plan prior to commencing any earthmoving activities as described in Regulation 459
VIII, specifically Rule 8021 – Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities.

Should the Project result in at least 1-acre in size, the Project proponent shall provide written notification to the District at least 48 hours prior to the Project proponents intent to commence any earthmoving activities pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). Also, should the Project result in the disturbance of 5-acres or more, or will include moving, depositing, or relocating more than 2,500 cubic yards per day of bulk materials, the Project proponent shall submit to the District a Dust Control Plan pursuant to District Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities). For additional information regarding the written notification or Dust Control Plan requirements, please contact District Compliance staff at (559) 230-5950.

The application for both the Construction Notification and Dust Control Plan can be found online at:
https://www.valleyair.org/busind/comply/PM10/forms/DCP-Form.docx.

Information about District Regulation VIII can be found online at:
http://www.valleyair.org/busind/comply/pm10/compliance_pm10.htm.

The Project may also be subject to the following District rules: Rule 4102 (Nuisance) and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operations).

Response A/5
Comments noted. The Project would be required to comply with all applicable regulations of the SJVAPCD.

The City of Visalia understands that an AIA application will need to be submitted prior to final discretionary approval., and will proceed accordingly.
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Letter B – California Department of Transportation (Caltrans) (March 22, 2023 – Received after Comment Period closed on March 20, 2023) Caltrans Letter B Comments and City Responses
Note: For clarification purposes, the Commenter provided some comments based on the Traffic Impact Study (TIS) that was prepared for the Project. The DEIR combined mitigation measures listed in the TIS, resulting in a discrepancy between mitigation measure numbering between the DEIR and the TIS. The TIS can be found in Appendix M of the DEIR attached.

Comment B/1
The analysis for the “Near-Term Opening Year or (Project Opening Year) was year 2018. Caltrans suggests that the “Near-Term Opening Year” of the Project be updated to the best estimated timeframe (since we are currently in year 2023). Thus, results from the analysis for all subject locations should be updated to a more realistic year of the Projects opening day.

Response B/1
Comment noted. As depicted in the DEIR, Level of Service conditions at Intersections 2 and 5 would not meet established thresholds for the Existing Plus Project (Full Build Out), Near-Term Opening Year, and Horizon Year scenarios. As depicted in Tables 3-17, 3-16, and 3-26, the LOS would continue to decrease at intersections 2 and 5 through the Horizon Year scenario. Therefore, it is reasonable to assume that intersections 2 and 5 would not meet established thresholds for an updated opening day scenario. In addition, the average delay for all other study area intersections for the Near-Term Opening Year scenario must decrease by approximately 9 or more seconds before reaching unacceptable levels of service. As a result, an updated analysis for opening year conditions would, in all likelihood, remain consistent with the results presented in the TIS.

Comment B/2
As a point of information, for Mitigation Measures, MM TR-1 thru MM TR-6, the majority of the recommended mitigations at SR 198 and Lovers Lane interchange area were already included in Caltrans Project (06-0W900) which tentatively is scheduled to be in construction late summer 2023. For more information, please contact the Caltrans Project manager, Shavonne Conley at (559) 383‐5609 or [email protected].

Response B/2
Comment noted.

Comment B/3
Regarding Table E-2 of the TIS, please add a “type of control” column (TWSC, signal, etc.) for the intersections listed. Please check and verify the same for Tables 3-17, 3-27, 3-37, and 3-47.

Response B/3
Comment noted. The Commenter requests that the tables in the TIS reflect the traffic controls anticipated in the listed intersections. Figures 3-11b, 3-12b, 3-13a, 3-13b, 3-13c, 3-18b, 3-19b, 3-20, 3-22b, 3-23b, 3-25b, 3- 26b, 3-27a, 3-27b, and 3-27c depict the proposed traffic controls along the proposed Tower Street alignment.

This comment does not address the adequacy of the EIR, and no further response is required. 461
Comment B/4
For Mitigation Measures, MM TR-11 and MM TR-12, for Noble Avenue at Road 156, please be advised that widening on Road 156 may impact the bridge structure. The SR 198 bridge structure may have to be upgraded to accommodate the recommended mitigation.

Response B/4
Comment noted. The City will ensure that Project implementation will be in accordance with Caltrans regulations and guidelines.

Comment B/5
For Mitigation Measures, MM TR-15 and MM TR-16, it is recommended to “Widen the SR 198 mainline from 2 to 3 travel lanes …”. Please check if this should be the recommended mitigation for the deceleration lane (at the off-ramp) and the acceleration lane (for the on-ramp) instead of 3 lanes in each direction? Response B/5
Comment noted. Mitigation Measures MM TR-15 and MM TR-16 correctly indicate the recommended mitigation to achieve acceptable levels of service. Tables 4-5 and 4-6 will be amended to reflect the correct number of mainline travel lanes.

Comment B/6
For Mitigation Measure, MM TR-18, it is stated “in the NB left-turn lane, lengthen the storage pocket from 100-feet to 325-feet”. Currently there is not enough distance to extend the existing left-turn pocket to the recommended length due to spacing between the intersections (available spacing between intersections is approximately 250). Therefore, lengthening the NB left-turn lane to the maximum allowable should be the recommended mitigation.

Response B/6
For clarity, the commenter refers to MM TR-18, however the context of this comment pertains to MM TR-16.

MM TR-16 will be modified to satisfy comment B/6. This modification does not constitute “significant new information” within the scope of CEQA Guidelines Section 15088.5(a), and nothing further is required.

Comment B/7
For Mitigation Measure, MM TR-39, location #18, SR 216 at Tower Road, a roundabout intersection control mitigation should also be considered and evaluated for future mitigation measure, not just traffic signal.

Response B/7
Comment noted. An Intersection Control Evaluation (ICE) was prepared for the Houston Avenue (SR 216) at Tower Street intersection and includes an evaluation of a roundabout. The ICE for the SR-216 at Tower Street is attached as Attachment B.
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Comment B/8
It is Caltrans policy to analyze all potential intersection improvement solutions. An Intersection Control Evaluation (ICE) report is required for any proposed intersection improvement, in accordance with Traffic Operations Policy Directive No. 13-02, dated: August 30, 2013 (http://www.dot.ca.gov/hq/traffops/policy/13-

02.pdf).

Response B/8
Comment noted. The Project would be required to comply with all applicable regulations of Caltrans. The City of Visalia understands that an ICE report is required for any intersection improvements under Caltrans jurisdiction and the ICE reports will be prepared and submitted to Caltrans for review prior to making any final decision regarding intersection improvements.

Comment B/9
Any new Project that may require employing full control at state highway intersections (i.e., to control all approaching traffic via use of signal, stop or yield control) must consider all three intersection control strategies (stop, roundabout, and signal) and the supporting design configurations per the Intersection Control Evaluation (ICE) guidelines. ICE establishes a context and performance-based evaluation process to produce engineering recommendations on intersection traffic control strategies and geometric configurations for location specific needs and conditions. The first step of the ICE process will constitute conceptual approval by Caltrans Traffic Operations Office. The Project opening day mitigation at an intersection must be evaluated per the ICE procedure. This new policy will affect the engineering process to determine the intersection improvement on any State Route.

Response B/9
See Response to Comment B/8.

Comment B/10
The ICE requirements can be found on the Caltrans website: http://www.dot.ca.gov/hq/traffops/liaisons/ice.html.

Response B/10
Comment noted.

Comment B/11
For Mitigation Measure, MM TR-39, on page E-19, under “Special Events Traffic Impact”, please be advised that a Traffic Management Plan (TMP) may be needed to manage and minimize congestion in the area from Project-related traffic, generated at large events.

Response B/11
Comment noted.
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Comment B/12
Please note that SR 216 at Tower Road as well as Mineral King at Tower Road are the two main arterials (without the interchange scenarios) that need to be managed during a Project-related large event. With the interchange scenarios, the new ramp intersections, as well as the Mineral King Avenue/Tower Road intersection and the Houston Avenue/Tower Road intersection may be impacted.

Response B/12
Comment noted.

Comment B/13
It is recommended that location # 25, driveway #3, be used as an additional access point during the large events to relieve congestion on Tower Road.

Response B/13
Comment noted. If and when a TMP is required and implemented, additional access points will be assessed for large events.

Comment B/14

Page 10 ends

Visalia City CouncilNovember 20, 2023

Visalia City Council
November 20, 2023