Agenda packet — Visalia City Council, August 19, 2024

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brian Poochigian
Vice Mayor Brett Taylor
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Liz Wynn
City Council Chambers7:00 PMMonday, August 19, 2024

ROLL CALL
CALL TO ORDER WORK SESSION - 4:30 PM (Unless otherwise noted)

PUBLIC COMMENTS
Citizens are now invited to comment on issues within the jurisdiction of the Visalia City Council and items listed on the Closed Session agenda. The Council asks that you keep your comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

WORK SESSION AND ACTION ITEMS (as described)

1. New Employee Introductions:

Fire Department:

Brett Thatcher, Paramedic
Alexis Walty, Paramedic
Oscar Naranjo, Paramedic
Zachary Giovani, Paramedic
Jose Gallardo, Firefighter/Paramedic
Ignacio Gonzalez, Firefighter/Paramedic
JohnMark VanderPoel, Firefighter/Paramedic
Tyler Miller, Firefighter/Paramedic
Sabrina Sheer, Firefighter/Paramedic
Weston Yale, Firefighter/Paramedic
Hank Rogers, Firefighter/Paramedic
Finance and Technology:

David Guzman, Computer Technician
24-0329

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1 Visalia City Council Meeting Agenda - Final August 19, 2024

2. City-owned Property Discussion - Review and provide direction on potential land use and design options for the City owned 21-acre property located on the northwest corner of North Akers Street and West Riggin Avenue.
24-0311
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION

1. Moment of Silence for former City Council Member and the Honorable David L. Allen.
24-0339

ITEMS OF INTEREST

SPECIAL PRESENTATION / RECOGNITION

PUBLIC COMMENTS
This is the time for people to comment on matters within the jurisdiction of the Visalia City Council. The Council asks that you keep your comments brief and positive. Creative criticism, presented with appropriate courtesy, is welcome.

This is the opportunity to address the Council on any matter of interest, whether on the agenda or not, other than the Consent Calendar.

People may comment one time during the evening for up to three minutes unless additional time is authorized by the Council. Each speaker will be allowed three minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made by a City Council Member and then the item will be removed from the Consent Calendar to be discussed and voted upon by a separate motion.

1. Authorization to read ordinances by title only. 24-0182

2. Award a sole source contract for City-wide generator maintenance - Authorize the City Manager to award a sole source service contract to Sollid Power Systems, Inc. for city-wide generator maintenance. This contract will be for one year, with 4 optional one-year renewals and a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.
24-0244

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2 Visalia City Council Meeting Agenda - Final August 19, 2024

3. Water Reclamation Facility (WRF) - Master Plan Final Update - Approve and adopt the Master Plan for the Water Reclamation Facility.
24-0267

4. Picnic Table Removal and Replacement - Authorize the City Manager to Award RFB No. 23-24-38 Park Picnic Table Removal and Replacement Project at Various Parks to Mountain Vista Construction of Visalia, CA, for an amount not to exceed of $336,273.00. 24-0288

5. Irrigation Well Emergency Repair - Authorize the City Manager to enter into an agreement with Kaweah Pump for $155,515 for emergency repair to the irrigation well at Stonebrook Park and appropriate an additional $71,100 from the General Fund. 24-0301

6. Water Management Plan - Consider approval of 2024 Water Management Plan submitted by the Visalia Water Management Committee.
24-0312

7. Citizens Advisory Committee Appointments - Approve the Citizens Advisory Committee ’s recommendation to appoint Mario Fierro to fill a vacant voting position on the Citizens Advisory Committee. In addition, approve the re-appointment of current committee members Edward Jones, William Mann, and Bryan Prosser to a second term.
24-0331

8. Authorization of Facility Use Agreement - Authorize the City Manager to execute a Facility Use Agreement with Visalia American Youth Soccer Organization Region 129 for specified use of Riverway Sports Park for up to a five (5) year term effective August 2024 through July 2029. 24-0310

REGULAR ITEMS AND PUBLIC HEARINGS
Comments related to regular Items and Public Hearing Items are limited to three minutes per speaker, for a maximum of 30 minutes per item. The Mayor may reasonably limit or extend the public comment period to preserve the Council's interest in conducting efficient, orderly meetings.

CLOSED SESSION REPORT

1. Closed Session report out from July 15, 2024: Appointment of Jason Glick as the new Visalia Parks and Recreation Director. 24-0337

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

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3 Visalia City Council Meeting Agenda - Final August 19, 2024

1. Upcoming City Council Meetings:

Tuesday, September 3, 2024 at 7:00 p.m. @ 707 W. Acequia Monday, September 16, 2024 at 7:00 p.m. @ 707 w. Acequia If you have a disability and require a reasonable accommodation to fully participate in the meeting, please contact Michelle Nicholson, to discuss your accessibility needs: 559-713-4512 or email at [email protected]
24-0338

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4 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0329 Agenda Date: 8/19/2024 Agenda #: 1.

Agenda Item Wording:

New Employee Introductions:

Fire Department:

David Guzman, Computer Technician
Visalia City Council Printed on 8/16/2024Page 1 of 1
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5 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0311 Agenda Date: 8/19/2024 Agenda #: 2.

Agenda Item Wording:

City-owned Property Discussion - Review and provide direction on potential land use and design options for the City owned 21-acre property located on the northwest corner of North Akers Street and West Riggin Avenue.

Deadline for Action: 8/19/2024
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council receive the staff report and presentation and do the following:

1. Affirm direction on the type and amount of alternative land use & zoning for the 21-acre property located on the northwest corner of North Akers Street and West Riggin Avenue, and authorize staff to process entitlements for General Plan Amendment and Change of Zone; and

2. Authorize staff to prepare and release a Request for Proposals (RFP) to solicit potential land developers to submit design proposals for this site that demonstrate the Council’sdesire to have a superior development design and layout for this site.

The RFP would address the developer’s responsibility to process the necessary Planning entitlement applications (if applicable) and CEQA environmental analysis for the alternative land use. Upon successful completion of the RFP process, staff will present the submittals to Council for their selection on the best design proposal submittal.

The RFP, if Council desires, could be reviewed by a committee that is appointed by Council and City staff with the Committee making suggestions and/or a recommendation to the City Council.

3. Affirm direction on the placement of design stipulations and use limitations to ensure a superior development design and layout that further aligns with the Council’svision for the site.

In providing direction on land use and design, the City Council may want to consider what is the most “well regarded” land use designation for this location, which faces an arterial-arterial street intersection and is in an actively growing part of the city. The City Council may also want to further consider how much acreage from this location should be regarded for an alternative land use.

The City Council also held a work session on June 21, 2021, to discuss and seek direction on potential changes to the zoning and General plan designation on the 21-acre property. The action Visalia City Council Printed on 8/16/2024Page 1 of 9
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potential changes to the zoning and General plan designation on the 21-acre property. The action taken at the work session was to table the item until a future meeting, allowing staff to prepare a list of allowed uses in the Commercial Mixed Use (C-MU) zone and to consider park opportunities in the Carleton Acres Specific Plan area, which was later adopted in 2023.

Background Discussion:

Subject Site & Surrounding Uses
In 2014, the City purchased a 21-acre parcel facing Akers / Riggin from a larger 160-acre annexation site using Park Impact Fees. Please note sale of the property will require payment back to the Park Impact fee program. Figures 1 and 2 below show the land use and zoning designations for the site and the surrounding area.

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To the north, on the north side of the Sedona Avenue alignment, a 103-acre parcel owned by Visalia Unified School District (VUSD) contains Ridgeview Middle School and land for a future high school campus.

To the west of the city owned site is a 29-acre parcel that is owned by a private entity and is zoned for high-density multi-family residential use. This parcel is incorporated into the Carleton Acres Specific Plan.

The surrounding area beyond the VUSD parcel is currently seeing a steady amount of growth and interest in future development planning. To the east, the 219-unit Ritchie Reserve Apartments are nearing completion. Further to the west and northwest, the Carleton Acres Specific Plan was approved in 2023 for the long-term buildout of approximately 3,200 dwelling units and 29 acres of commercial uses at the corner of Shirk & Riggin and a future neighborhood commercial designation at the southwest corner of Akers Street & Avenue 320 (see Figure 2).

Community Park Designation
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General Plan Policy PSCU-P-5 calls for the creation of a new community park to be built in and to serve the northwest quadrant. The policy generally states that the park shall be in the northwest, and the facility map shown as Figure 5-1 identifies the 21-acre site as the potential location of the community park (see Figure 3 below).

Policy PSCU-P-5 further states that community parks are intended to include resources beyond those found at neighborhood parks, such as a community center building, reserved picnic facilities, tennis courts, aquatic center, and/or outdoor concert area.

The current size of this parcel is significantly larger than the policy guideline of “5 to 12 acres or more”for community parks. Even if half to three quarters of the parcel (i.e. 10 - 15 acres) were to be re-designated for commercial use, then the resulting 5 to 10 acres would still meet the size criteria.

A community park would fill a void that currently exists for this type of facility that would be comparable to Recreation Park / Anthony Community Center or Whitendale Park / Community Center. The General Plan notes that the northwest quadrant currently lacks a community center building, and Policy PSCU-P-16 calls to provide at least one community center in each of the City’s four neighborhood quadrants.

The community park would be different from Riverway Sports Park, located 2.5 miles to the east. The 83-acre Riverway Sports Park is considered a “large city park” that serves the greater Visalia area and contains several playing fields; however, it contains no community center or multi-use courts.

The community park would also be larger in scale than neighborhood parks found throughout the City - the closest being Lions and Soroptimist Parks located one mile southwest or southeast from the site.

It should be noted that the conceptual use plan for Carleton Acres does plan for parks to be scattered throughout the development, but none being classified as neighborhood or community parks over two Visalia City Council Printed on 8/16/2024Page 4 of 9
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throughout the development, but none being classified as neighborhood or community parks over two acres in size. This is intentional since the General Plan did not designate any land use designations for parks on the Carleton Acres site. The Community Services Department does not anticipate purchasing any land in the Carleton Acres neighborhood bound by Shirk, Akers, and Avenue 320.

Currently there are two other undeveloped Park land use designations in the northwest quadrant that could facilitate a community park; these sites are 15 acres near the northeast corner of Demaree Street & Pratt Avenue and 10 acres fronting the future Riverway Avenue extension north of Modoc Basin. Both sites are visible in Figure 3 above. Both designated sites could facilitate the northwest quadrant’scommunity park based on their acreage. There is a potential opportunity for the City to purchase the Demaree & Pratt land based on early preliminary discussions with a property owner in that area seeking to develop their property that has a park land use designation of equivalent acreage. There have been no discussions regarding the 10 acres of park designated land fronting the future Riverway Avenue extension north of Modoc Basin.

Attachment 6 illustrates non-residential land use designations in the surrounding vicinity.

Land Use Opportunities:

At the June 21, 2021 Work Session held to discuss land uses on the site, staff suggested that some of the Riggin/Akers park site may be better suited for an alternative land use given its location at a major street intersection. Staff speculated that a Commercial Mixed Use land use and zoning designation would be the best utilization for the city owned parcel due to its location to a major intersection. However, Council elected to table this discussion until the Carleton Acres Specific Plan project was completed. Since that discussion, the Carleton Acres Specific Plan was adopted by the Council in October 2023 (see Attachment 3).

A key point in the Specific Plan is that it included the creation of an additional 29 acres of Commercial Mixed Use designation to the west that will be anchored by Costco Warehouse, which was recently approved by the Planning Commission on July 22, 2024. In addition, the Specific Plan relocated a Neighborhood Commercial zone one mile to the north, at the southwest corner of Akers Street & Avenue 320. This commercial corner is anticipated for development in 10 or more years.

The City owned site has the potential to be served by multiple single-family and multi-family residential uses and major school facilities that are all adjacent to the site. Vacant land to the west includes a 29-acre parcel slated for a range of 440 to 1,020 high density residential dwelling units and inclusion of an off-street bike/pedestrian trail linking the City site to the rest of the Carleton Acres development.

During the June 21, 2021 work session discussion, the alternative favored by a majority of Council members at that time was the redesignation of the site’ssouthern half (i.e. 10 acres) to Commercial Mixed Use (C-MU) land use designation and the keeping of the northern half as Parks/Recreation (adjacent to the Sedona Avenue alignment near the VUSD campus site) (see Attachment 1 for an illustration of this land use alternative).

The C-MU designation provides for the widest range of possible non-residential land use alternatives:
commercial, retail, restaurant, professional and medical office uses, or residential as a stand-alone or mixed use. A full summary of all allowed land uses (permitted and conditionally permitted) in the C- MU zone is provided in Attachment 2.

Attachment 1 illustrates a conceptual land use Commercial Mixed Use designation facing the corner of Akers & Riggin in a range of sizes. The 10-acre size favored by Council in 2021 is equivalent in size to the Key West shopping center located at Akers & Goshen. Other alternatives shown are a 5- Visalia City Council Printed on 8/16/2024Page 5 of 9
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size to the Key West shopping center located at Akers & Goshen. Other alternatives shown are a 5- acre size, which corresponds in size to the partially developed Shannon Market center at the northwest corner of Mooney & Riggin, and a full rezone of the entire 20 acres, which corresponds in size to the Orchard Walk East development anchored by Target on the east side of Dinuba Boulevard.

The following are other viable land use designations and their associated uses that could be considered for the site (full text of related General Plan policies & example locations of zone designations is included as Attachment 5):
· Neighborhood Commercial (C-N) - Small-scale commercial development serving local neighborhood. (Reference: Policy LU-P-67)
· Professional / Administrative Office (O-PA) - Office complex development, including medical uses. May include restaurants. (Reference: Policy LU-P-68) · Quasi-Public (QP) - Institutional, recreational, religious, non-profit, civic uses, and residential development for senior citizens. (Reference: Policy LU-P-108) Design Stipulations and Potential Restrictions for Commercial Land Use Designation:

Being that the City owns the subject property and is considering supporting the redesignation of the property for commercial or other land uses, the City can consider placement of design stipulations and potential use limitation restrictions to ensure a superior development design and layout that further aligns with the Council’svision for the site. Such stipulations can be made in the Request for Proposals (explained further below) and made into requirement through a Conditional Zoning Agreement recorded against the property. The Agreement can also be used to prohibit certain land uses that may be seen as inappropriate to the proximity of the multi-campus school site.

Following are examples of stipulations that can be incorporated into future development:
· Concept architecture. The architecture and layout can be intentional in fostering a pedestrian- friendly gathering place. This can be done through placement of buildings at street front, gateways and pedestrian paths from public sidewalks, and incorporating outdoor dining areas and plazas. Architectural enhancement requirements can also be imposed on building sides to limit blank and featureless walls that would detract from the commercial design. Also, should a portion of the site be retained for a community park, then the development could be designed in a manner that interfaces with the park.
· Limiting drive-thru and automobile oriented uses. Many new commercial developments developed or proposed in Visalia in recent years have included a large number (i.e. three or more) drive-thru restaurant pads. This reflects a trend favoring more auto-oriented uses rather than designing commercial centers that invoke persons to shop and dine outside of their car.

The City’s own ordinance and policies currently do not place limits or restrictions on the number of drive-thru lanes allowed within a commercial development. A condition of the zoning agreement can be included that prohibits or limits the number of drive-thru lanes or other automobile-oriented uses (e.g. car wash, gas station, oil & lube shop). · Prohibited uses. Certain land uses can be outright prohibited in the center, particularly based on its proximity to the multi-campus school site. Example prohibitions include liquor stores, Visalia City Council Printed on 8/16/2024Page 6 of 9
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on its proximity to the multi-campus school site. Example prohibitions include liquor stores, smoke shops, convenience stores, and gun shops. While a gas station or convenience store could be allowed, Council could include a stipulation in an agreement that restricts sales of alcohol and/or smoking products within this type of establishment. · Required uses. The architecture and layout can be designed in such a way as to require certain types of commercial buildings that can accommodate specific uses. Some examples are requiring placement of an anchor store that facilitates a large commercial use, supermarket or pharmacy, or placement of pad or inline shops to have casual or sit-down restaurants with outdoor seating. The types of commercial buildings may vary based upon the amount of land being redesignated to commercial land use. · Collaboration with Visalia Unified School District. To ensure that any desires or concerns of the School District in a prospective use is addressed, the developer could be required to work with the District on the final design. This would ensure that future uses are compatible with the school campus and neighborhood.

Request for Proposal (RFP) for Design & Development of Property:

Staff is recommending that the Council consider a RFP process to determine the best planned project with a high likelihood of success that will integrate with and serve the school population as well as the surrounding community. However, the Council could also choose to put the property on the open market, possibly with development requirements as a condition of sale, and accept bids on the property
If Council concurs with the RPF process, staff would prepare and release a Request for Proposal (RFP) to solicit potential land developers to submit design proposals for this site. The RFP would address the developer’sresponsibility to process the necessary Planning entitlement applications (if applicable) and CEQA environmental analysis for the alternative land use and would need to demonstrate compliance with the design considerations and use limitations, as directed by Council.

Upon successful completion of the RFP process, staff could then present the submittals to Council for their selection on the best design proposal submittal.

Or, if the open market with development requirements method is preferred, staff would prepare the appropriate documents and process to release to the public regarding the property for sale and any development requirements that Council could choose to include as part of the sale.

If the RFP process is selected, it could be reviewed by a committee that is appointed by Council or be comprised of a Council member, staff person, and/or person(s) at-large with the Committee making suggestions and/or a recommendation to the City Council, or the staff could review and present comments to the City Council who would directly make the decision. Preparation of the RFP as described above would ensure the Council’scontinued oversight in the selection of a proposal and acting upon the related entitlements. The City Council may further evaluate and provide direction on long-term property ownership and management. Possible alternatives can include the developer who would ultimately be selected would be granted ownership of the site upon procuring entitlements and permits or entering into a lease agreement with the City of Visalia.

Fiscal Impact:

Once the City Council authorizes a process for the sale, staff will prepare the appropriate documents for public release. Any costs can be offset when a portion of the property is sold for an alternative use.

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Prior Council Action:
· On January 16, 2020, the City Council directed staff to proceed with the recommended motion - to continue working with VUSD on entitlements and studies to facilitate the new high school facility on their property, and to research and present back for Council consideration of potential land use and zoning designations to the 21-acre parcel. · On June 21, 2021, the City Council directed staff to table the item until a future meeting, allowing staff to prepare a list of allowed uses in the Commercial Mixed Use (C-MU) zone and to consider park opportunities in the Carleton Acres Specific Plan area, which was later adopted in 2023.

Committee/Commission Review and Action: None.

Alternatives: In lieu of staff’s recommendation, the City Council may direct staff to do the following:

1. Direct staff to pursue a different land use scenario, involving a different land use designation, as specified by Council; or

2. Ask staff to provide additional information as specified and return at a later date; or

3. Receive the staff report and take no further action at this time.

Recommended Motion (and Alternative Motions if expected):

I move to direct staff to do the following:

1. Direct staff to proceed with processing entitlements for General Plan Amendment and Change of Zone on redesignating the City owned site from the Q-P (Quasi-Public) zone to:
a. Redesignate the southern 10-acres to C-MU (Commercial Mixed Use) zoning and retain 10- acres of Q-P zoning along the north portion of the site adjacent to Sedona Avenue, or b. Redesignate only 5-acres facing the intersection to C-MU zoning, or c. Redesignate all 20-acres to C-MU zoning, or
d. Redesignate the site based on Council’s direction received; and

2. Authorize staff to prepare and release a Request for Proposals (RFP) to solicit potential land developers to submit design proposals for this site, and

3. Affirm direction on the placement of design stipulations and use limitations based on Council’s input.

Environmental Assessment Status: None at this time.

CEQA Review: None at this time.

Attachments:
1) Land use diagram illustrating an alternative layout of Commercial Mixed Use and Parks designations
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2) List of land uses allowed in the Commercial Mixed Use zone 3) Previously adopted Carleton Acres conceptual land use plan 4) Aerial photo of site
5) General Plan Policy Language & Descriptions
6) Vicinity map of non-residential land use designations Visalia City Council Printed on 8/16/2024Page 9 of 9
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14 Attachment A: Land Use Diagram Illustrating Alternative Layouts

Alternative to Re-Designate Southern 10 acres to Commercial Mixed Use Preferred by City Council in 2021

Option to Re-Designate Only 5 acres Facing Intersection to Commercial Mixed Use

Option to Re-Designate All 20 acres to Commercial Mixed Use

W Riggin Ave
W Riggin Ave
N Akers St
W Riggin Ave
N Akers St
N Akers St
15 Attachment 2: Uses Allowed in the C-MU Zone

USE C-MU
A10 Roadside Stands Selling Produce Grown on Site T
A12 Auto Leasing/Renting C
A15 Auto Oil, Lube & Smog Test Shops P
A16 Auto Repairs, Major-Overhauling, Rebuilding, Painting C A17 Automotive Supplies, Parts & Accessories P
A20 Car Washing - self service C
A21 Car Washing - automated C
A26 Tire Sales & Service (excluding major repairs) – stand alone P A27 Tire Sales & Service (excluding major repairs) – located within the primary permitted use on the site P
B1 Stand-Alone Automatic Teller (ATM) P
B2 Office P
B3 Stand Alone P
B4 Located within the Primary Permitted Use on the Site C B5 Tattooist C
C1 Catering Services P
C3 Christmas Tree Sales Lots/Other Seasonal Commercial Uses/Special Events T
C4 Up to 200 Seats C
C6 Clothing/Costume Rental P
C7 Communications Equipment Building P
C8 Radio and TV Broadcasting Studios – with antenna off-site P C9 Radio and TV Broadcasting Studios – with antenna on-site C C10 Wireless telecommunication facilities – more than 100 feet away from property planned/zoned residential C
C11 Wireless telecommunication facilities – within 100-ft of property planned/zoned residential C
D1 Adult – six or fewer adults P
D2 Adult – 7 to 12 adults P
D3 Adult – 13 or more adults C
D4 Children– 8 or fewer P
D5 Children – 9 to 14 P
D6 Children – 15 or more C
D7 In Conjunction with Primary Use P
D8 Drive-Thru Lanes Meeting All Standards in Sect. 17.32.162 P D9 Drive-Thru Lanes Not Meeting All Standards in Sect. 17.32.162 C

COMMUNICATIONS

DAYCARE, LICENSED

BANKS & FINANCIAL INSTITUTIONS

BARBERS, HAIRSTYLISTS, TANNING CENTERS, COSMETICIANS, & DAY SPAS

BUS DEPOTS

CHURCHES & OTHER RELIGIOUS INSTITUTIONS

AGRICULTURAL - FARMING
AUTOMOTIVE (for gas stations see SERVICE STATIONS)
P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit 16
Attachment 2: Uses Allowed in the C-MU Zone
E1 Bars/Taverns– within 300 feet of any residence/public use C E2 Bars/Taverns – not within 300 feet of any residence/public use C E3 Micro-breweries/micro-wineries (with or without restaurants) C E4 Craft distilleries C
E5 Cafeterias P
E6 Fast Food Restaurants P
E8 Pizza/Sandwich Shops – serving wine/beer P
E9 Pizza/Sandwich Shops –no alcohol P
E10 Ice Cream Shop P
E12 Live Entertainment C
E13 Sit-Down Restaurant/Café – with or without full bar using less than 25% of public area P
E14 Sit-Down Restaurant/Café– full bar using greater than 25% of public area C F1 Florist P
F2 Fortunetelling/Palm Reader P
F4 Propane/Butane P
F6 Propane/Butane within 50 feet of Planned/zoned Residential C F8 Above Ground Tanks dispensing Class I, II, and III-A liquids– within 100 feet of a residential use or residential zoned property C F9 Above Ground Tanks dispensing Class I, II, and III-A liquids– more than 100 feet from a residential use or residential zoned property P F14 Funeral Home/Mortuary C
G1 Galleries– Art/Photography/Crafts P
H1 Home Occupation Businesses P
H2 Hotels and Motels C
L1 Dry Cleaners (cleaning plant) P
L2 Dry Cleaners (cleaning plant including carpet/rug cleaning and dyeing) P L3 Diaper Supply Service P
L4 Linen & Uniform Supply Service P
L5 Self service P
M52 Massage Therapist C
M54 Ambulance Services/Medical Transport C
M55 Convalescent Hospitals/Senior Care Facilities/Nursing Homes C M56 Clinics (medical group, urgent care/walk-ins, dental, rehabilitation , Outpatient Surgery Center) C
M57 Dialysis Centers and Blood Donation Centers P
M59 Laboratories (medical testing & diagnostic) P
M60 Medical Equipment/supplies (oxygen, prosthetics, walkers, etc.) P M61 Opticians– Dispensing P
M64 Rehabilitation Hospitals C
MEDICAL FACILITIES/SERVICES (for medical/dental offices see OFFICES)

LAUNDRY/DRY CLEANERS

FUEL STORAGE

EATING & DRINKING ESTABLISHMENTS
P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit 17
Attachment 2: Uses Allowed in the C-MU Zone
General Business and Professional (i.e., data processing services, employment agencies, insurance agencies, etc.)
O1 – less than 2,000 sq. ft. P
O2 – 2,000 sq. ft. to 6,000 sq. ft. P
O3 – more than 6,000 sq. ft. P
O6 Medical (i.e., Physical therapists, physicians/surgeons, dentists/orthodontists, optometrists, chiropractors, etc.) P O7 Counseling/psychologist– individuals P
O8 Counseling/psychologist – groups P
O10 Temporary Trailers (construction) T
P1 Parcel Delivery Services/Parcel Distribution (UPS, Federal Express, etc.) P P2 Parking Facilities For Off-Site Uses P
P4 With Printing Press C
P5 Without Printing Press P
P6 Photography Studio P
P7 Photography Labs/Blue Printing/Microfilming (developing, printing – no retail on site) P
P8 Photography labs (developing, printing – no retail on site) P P9 Photography Labs with Retail on Site P
P10 Planned Unit Developments C
P11 Private Clubs and Lodges C
P13 Community & Recreation Centers C
P14 Community Gardens C
P15 Fire Stations C
P16 Police Stations & Substations P
P18 Public Buildings, Offices & Grounds C
P20 Public Libraries C
P21 Public Parks/Playgrounds C
P22 Post Office Substations P
R3 Athletic and Health Clubs (gymnasiums, fitness centers, racquet clubs) C R4 Athletic and Health Clubs (gymnasiums, fitness centers, racquet clubs) less than 5,000 sq. ft. P
R5 Aquatic Centers C
R7 Athletic/Playing Fields C
R8 Bowling Alleys C
R9 Circus, Carnivals, Fairs & Festivals, Revivals/Assemblies T R10 Dance, Yoga & Music Studios P
R11 Martial Arts P
R12 Golf Courses & Driving Ranges C

PHOTOCOPY SERVICES/DESKTOP PUBLISHING

PHOTOGRAPHY/PHOTO SERVICES

PUBLIC COMMUNITY SERVICES

RECREATION FACILITIES

OFFICES
P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit 18
Attachment 2: Uses Allowed in the C-MU Zone
R13 Miniature Golf Courses C
R14 Ice & Roller Skating Rinks C
R15 Pool Halls/Billiard Parlors C
R16 Video Machines/Coin-Operated Games – 1 to 4 machines P R17 Video Machines/Coin-Operated games – 5 or more machines C R18 Other Recreational Facilities C
R19 Rifle and Pistol Range, indoor C
R23 Small Collection C
R24 Reverse Vending Machines P
R25 Temporary Facilities, i.e. recycling of Christmas trees, tree trimmings, etc. T R27 Residential Units, New or Expansions, which may or may not be associated with a commercial activity C
R28 Residential Units, including units for senior citizens, as a mixed use in an existing building containing one or more commercial or office uses P* R29 Existing single-family dwelling P
R30 Group/Foster Homes, Licensed – 1 - 6 individuals in addition to residing family C
R31 Group/Foster Homes, Licensed – more than 6 individuals in addition to residing family C
R32 Emergency Shelters C
R33 Low Barrier Navigation Centers P*/C
R34 Household Pets P
R36 Transitional Housing and Supportive Housing as those terms are defined in Section 17.04.030
P*/C
R37 Senior Citizen Residential Developments C
R38 Accessory Dwelling Units C
R39 Employee Housing C
General Merchandise
R40 – less than 4,000 sq. ft. P
R41 – 4,000 to 6,000 sq. ft. P
R42 – 6,001 to 40,000 sq. ft. P
R43 – 40,001 to 60,000 sq. ft. P
R44 – over 60,000 sq. ft. C
Building/Landscape Materials/lumberyards (See MANUFACTURING/ASSEMBLING) R46 – floor & wall coverings P
R47 Garden Centers/Nurseries – located within primary use P R48 Garden Centers/Nurseries – stand alone C
R49 Glass Stores (windows, etc. for auto, residential, commercial) P R52 Hardware Stores less than 10,000 square feet P
R53 Paint Stores P
R54 Home Improvement P
Drugstore/Pharmacy
RETAIL

RECYCLING FACILITIES
RESIDENTIAL (see also Residential Zones)
P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit 19
Attachment 2: Uses Allowed in the C-MU Zone
R55 – including general retail merchandise P
R56 – not including general retail merchandise, 1,500 sq. ft. or more P R57 – not including general retail merchandise, up to 1,500 sq. ft. P R59 Feed Stores C
Food Stores
R60 – convenience store – 7000 sq. ft. or less C
R61 – liquor store within 300 feet of residential/public use C R62 – liquor store not within 300 feet of residential/public use C R63 – specialty food stores (bakery, delicatessen, butcher shop, meat market, health food, gourmet/imported food, etc.) P
R64 – supermarkets/grocery stores P
R65 – wine tasting with sales C
R66 Furniture & Furnishings – new P
R67 Furniture & Furnishings– secondhand *up to 10,000 square feet P R68 Gun Shops – within primary use P
R69 Gun Shops – stand alone P
Magazine/Newspaper Sales (Freestanding Booth/Stand/Kiosk) R70 – indoor P
R71 – outdoor C
Outlet Stores
R72 – bakery P
R73 – apparel P
R74 – furnishings P
R75 Pawnshops C
R76 Pet Stores P
R77 Pool/Spa Supplies/Equipment P
R78 Secondhand Store/Thrift Shops– up to 2,000 square feet P R79 Secondhand Store/Thrift Shops – greater than 2,000 square feet P R80 Smoke Shops/Tobacco Stores C
S1 Preschool/After-School Care C
S2 Elementary Schools, K-6 or K-8 C
S3 Middle Schools C
S4 High Schools C
S5 Colleges/Universities (academic) C
S6 Business, Trade, Vocational, Charter or other Specialized Schools C S7 After Hours Academic Education Facilities (After 6:00 p.m.) C S8 Tutoring Centers C
S10 Appliance, Electrical Equipment, Tools (disassemble & repair) P S11 Check-Cashing Service C
S14 Courier Services P
S16 Bail Bonds C
SCHOOLS, PUBLIC AND PRIVATE (see also Quasi-Public and Residential Zones)

SERVICE, COMMERCIAL
P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit 20
Attachment 2: Uses Allowed in the C-MU Zone
S17 Equipment Rental – conducted outdoors C
S18 Equipment Rental – conducted indoors P
S20 Gunsmith Shops, including incidental retail P
S24 Locksmiths P
S26 Pet Grooming/Dog Training (conducted indoors) P
S27 Printing Service (see also Photocopy Services) P
S30 Sharpening Service – small tools not including saw blades and lawn mowers P
S31 Sheltered Workshops C
S32 Shoe Repair Shops P
S35 Tailor, Dressmaking, & Alterations P
S36 Upholstering Shops (furniture only) P
S38 Fuel dispensing only – not including major auto repair services of any kind C S39 Also including major auto repair services C
T1 Taxi/Limousine Service P
T3 Drive-in C
T4 Movie C
T5 Live Performance C
U2 Business Offices P
U3 Electric Distribution Substations C
U4 Elevated Pressure Tanks P
U5 Gas Regulator Stations C
U6 Public Service Pumping Stations C
U7 Payment Centers P
U8 Public Utility Service Yards C
V1 Animal Care Clinic (no boarding) P
V2 Hospitals/Clinics (located 500 ft. from a residential zone including short term boarding of animals) C
W3 – not to exceed 20% of gross floor area of permitted use P W4 – in excess of 20% of gross floor area of permitted use C W5 Mini Storage Facilities C
OT1 Other Uses Similar in Nature and Intensity as Determined by the City Planner P
OT2 Other Uses Similar in Nature and Intensity as Determined by the City Planner Subject to the Granting of a Conditional Use Permit C

WAREHOUSING STORAGE
OTHER

THEATERS

UTILITIES

VETERINARY SERVICES

SERVICE STATIONS
P = Use is Permitted by Right C = Use Requires Conditional Use Permit T = Use Requires Temporary Use Permit 21
22 Attachment 4: Aerial Photo of Akers/Riggin Site

23 Attachment 5: General Plan Policy Language & Descriptions LU-P-67 Update the Zoning Ordinance to reflect the Neighborhood Commercial designation on the Land Use Diagram, intended for small-scale commercial development that primarily serves surrounding residential areas, wherein small office uses as well as horizontal or vertical residential mixed use are also supported. Provide standards to ensure that neighborhood commercial uses are economically-viable and also integrated into neighborhoods, with multimodal access and context-sensitive design.

Neighborhood Commercial development shall be subject to design review and public input. If residential uses are included, density should be 10 to 15 dwelling units per gross acre.

Shopping centers in Neighborhood Commercial areas shall have the following characteristics:
• Anchored by a grocery store or similar business offering fresh produce, poultry, fish and meat;
• Include smaller in-line stores of less than 10,000 square feet; • Total size of 5 to 12 acres or as shown on the Land Use Diagram; and • Integrated with surrounding neighborhood uses in terms of design, with negative impacts minimized.
• Located no closer than one mile from other General Plan-designated Neighborhood Commercial or Community Commercial locations, or from existing grocery stores. • No individual tenant shall be larger than 40,000 square feet in size.

Standards for Neighborhood Commercial development also shall require design measures that create a walkable environment and require local street and pedestrian connections. Alterations and additions in existing nonconforming centers may be permitted, subject to design review and conditions of approval to minimize neighborhood impacts.

Example Locations: Akers & Goshen (Key West center), Akers & Walnut (Rancho Viejo center) Demaree & Houston (Country Club center)

LU-P-68 Update the Zoning Ordinance to reflect the Office designation on the Land Use Diagram, intended for the development of office complexes, including medical offices and professional/administrative offices, as well as supporting uses such as restaurants and convenience retail.

The maximum FAR for the Office designation is 1.0.

Example Locations: Akers & Hillsdale (surrounding Visalia Medical Clinic), Demaree & Goshen (Demaree Square)

LU-P-108 Designate land for Public/Institutional uses on the Land Use Diagram, including City Hall and other City buildings, County and other government buildings, schools, colleges and universities, hospitals, police and fire stations, the Municipal Airport, and waste management facilities.

Example Locations: All public schools, Sierra Village retirement community, Akers & Tulare Medical Campus, various churches
24 Future Costco Center
Fire Station 55
RV Storage
Key West Center (Save Mart)
Country Club Plaza
Village at Willow Creek Shannon Village Market Orchard Walk Modoc
Basin
Riverway
Sports Park Middle & Future
High School
Attachment 6: Vicinity Map of Non-Residential General Plan Land Uses Blue indicates school & public use sites; Green indicates park sites. 25 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0339 Agenda Date: 8/19/2024 Agenda #: 1.

Agenda Item Wording:

Moment of Silence for former City Council Member and the Honorable David L. Allen.

Visalia City Council Printed on 8/16/2024Page 1 of 1
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26 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0182 Agenda Date: 8/19/2024 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Printed on 8/16/2024Page 1 of 1
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27 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0244 Agenda Date: 8/19/2024 Agenda #: 2.

Agenda Item Wording:

Award a sole source contract for City-wide generator maintenance - Authorize the City Manager to award a sole source service contract to Sollid Power Systems, Inc. for city-wide generator maintenance. This contract will be for one year, with 4 optional one-year renewals and a not to exceed amount of $75,000 per year, $375,000 over the life of the contract.

Deadline for Action: 7/15/2024
Submitting Department: Public Works
Contact Name and Phone Number: Danny Galindo, Public Works Manager Department Recommendation:

Award a sole source service contract to Sollid Power Systems, Inc. for city-wide generator maintenance at an annual cost not to exceed $75,000, $375,000 over the life of the contract, to be paid from various divisions in the General Fund and Enterprise Funds where the generators are located/used. Staff is recommending the initial contract be for one year, with an option to renew annually for up to four years.

Background Discussion:

The City of Visalia has 23 standby electrical generators throughout the city. These generators provide temporary electrical power in the event of a power outage. Annual and semi-annual maintenance is a crucial part of ensuring that the city has a smooth, dependable back-up power source if standby generators are needed. Sollid Power Systems currently holds the City’s generator service contract, and Staff is requesting to, again, sole source these services to Sollid Power Systems because they are located within a reasonable response time (Lemoore) and they are the only nearby vendor that provides the specific service, repair, and maintenance for all of the City’s various standby generators.

In the past, this contract was managed by the City’s Information Services Division, as the generators originally only served that division. The new contract will centralize all standby generator maintenance with the Fleet Maintenance Division of the Public Works Department since these systems are now providing service to more diverse and sophisticated systems, and this service primarily revolves around engine maintenance.

Fiscal Impact:

Generator maintenance and service are budgeted in various divisions in the General Fund and Enterprise Funds, based upon location and use.

Visalia City Council Printed on 8/16/2024Page 1 of 2
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28 File #: 24-0244 Agenda Date: 8/19/2024 Agenda #: 2.

The total amount expended City-wide over the last 5 years is shown in the figure below:

Fiscal Year Annual Cost
2019-20 $ 57,721.15
2020-21 $ 7,511.72
2021-22 $ 106,931.12
2022-23 $ 53,190.86
2023-24 $ 21,200.59
TOTALS $ 246,555.44
Prior Council Action: Council approved a 1-year contract with 4 one-year extensions to Sollid Power Systems, Inc. on February 5, 2018.

Other: N/A
Alternatives: To not authorize the sole source award of a generator maintenance contract, put out a new request for proposals to competitively select a vendor. However, based on the review by City Staff, there are no other factory-authorized vendors that are certified to repair the City’s entire fleet of generators, consisting of multiple manufacturers, models, and fuel-types. Therefore, this option is not recommended.

Recommended Motion (and Alternative Motions if expected):

Award a sole source service contract to Sollid Power Systems, Inc for city wide standby generator maintenance not to exceed $75,000 annually, $375,000 over the life of the contract, to be paid from various divisions in the General Fund and Enterprise Funds...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

Rates and Scope of Services
Sollid Power Estimate #1256
Visalia City Council Printed on 8/16/2024Page 2 of 2
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29 PO Box 511 Lemoore, Ca 93245 | P: 559-217-9378

Date: April 19, 2024

To: Steve Ellis, Fleet Maintenance Supervisor
Re: Contract Information
Hi Steve,
Our current maintenance rate is $150 per hour
Repair rate is $170
Emergency rate is $170 per hour with a minimum of 4 hour charge We mark up parts 20% from what we buy them for.

Load Banks: $1.25 per KW plus hourly rate for load banking.

Annual Maintenance: Inspect generator systems, change oil, oil filters, fuel filters, dispose oil and take oil samples. The rate of the annual maintenance depends on the size and model of generator since all generators require different amounts of oil and sizes of filters.

We also provide quarterly maintenance, semi-annuals and One-Time Services that we could provide quotes for.

Below is our contact information:

For maintenance services contact:

Dieter King
559-217-9378 - Cell
[email protected]

For billing inquiries please contact:

Gabriela Acosta
559-410-3886 - Cell
[email protected]

Mailing address:

SOLLID Power Systems, Inc
PO Box 511
Lemoore, CA 93245
30 SCOPE OF SERVICES

STANDBY GENERATOR MAINTENANCE

SEMI ANNUAL INSPECTION - (Level 1)

a. Lubrication
● Check engine crankcase oil level
● Clean crankcase breather
● Lubricate generator bearing - Front
● Lubricate generator bearing - Rear
b. Cooling System
● Check engine coolant level
● Clean radiator core (external)
● Inspect coolant line connections and hoses (tighten if loose) ● Check fan/alternator belt tension and wear
● Check cooling system inhibitor (DCA)
● Inspect coolant pump
● Inspect temperature regulator
● Check water jacket heater(s) for correct operation
● Check motor operated louvers

C. Fuel System
● Check sediment bowls and open drains
● Inspect all fuel system components for evidence of water, sludge and rust Check fuel level in day tank
● Inspect and test fuel level floats switches
● Inspect and test containment alarm
● Inspect and test transfer pump

D. Air Induction and Exhaust
● Check air cleaner service indicator Check/Clean dust collector cap Inspect manifold and air piping for leaks
● Check all intake system hoses and connections (tighten) ● Open condensation drains

E. Electrical System
● Check battery electrolyte
● Clean electrical connections and battery
● Inspect alternator drive belt
● Check shutoff controls
● Inspect starter
● Check cold weather starting aids
● Check condition of batteries. Add water if necessary
31 F. Generator Switchgear and Emergency Source Feeders ● Operate generator circuit breaker manually
● Check automatic transfer switch
● Clean contacts
● Lubricate moving components when necessary

G. General
● Visually check engine mounts (tighten if loose)
● Visually check complete unit

Annual Service - (Level 2)
The Annual Service includes all the items performed under the Inspection Service plus the following:

A. Change crankcase oil(s)
B. Change Oil Filter(s)
C. Change Fuel Filter(s)
D. Change Water Filter(s)
E. Replace Air Filter(s)
F. Sample Oil and submit for analysis
G. Load Bank Testing

3. Reports and Records: Upon completion of each service, Vendor shall furnish a malfunction incident report. The report shall include, at a minimum, the following:

A. Date and Time of start and completion of repairs
B. Type and model number of equipment
C. Description of repair necessity
D. List of parts replaced
In addition to the malfunction incident report(s), the vendor shall maintain a complete record of all service performed on each piece of equipment, including all parts replaced, per SJVAPCD standards. This service record shall be kept at the installation site, or such other site as may be approved by the City, and shall be furnished for review if requested by the City. The service record shall be an individual record identifying each piece of equipment explicitly, with a complete history of dated service and all parts used recorded therein.

EMERGENCY SERVICES:

The services required under this Bid are vital to the operation of the City and are required during Emergency Situations such as power outages, floods, and other catastrophes, whether man made or natural. Time is of the essence during these situations and the Contractor awarded this contract must be able to be contacted at any time, day or night during those periods. In the event of an emergency Contractor must respond within a 2-4 hour window and City of Visalia shall be given priority for service. Please provide emergency contact information as part of your proposal documentation.
32 CA Certified Small Business Number: 2000474. This estimate is for reference and as a basis for approval. By accepting this Work Order, you confirm that you are authorized to make this request and that you understand that, given the technical and complex nature of our work, additional previously unforeseen items might arise, subject to additional approval, which may alter the original estimate.

SOLLID Power Systems, Inc.

PO Box 511
Lemoore, CA 93245 US
+1 5592179378
[email protected]

ESTIMATE

ADDRESS
Erica Salinas
City of Visalia
707 W Acequia Ave
Visalia, CA 93278 USA

SHIP TO
Erica Salinas
City of Visalia
707 W Acequia Ave
Visalia, CA 93278 USA
ESTIMATE # 1256
DATE 06/13/2024

ACTIVITY QTY RATE AMOUNT
Semi-Annual Service
Semi-Annual Maintenance for 23 Generators
23 325.00 7,475.00
Load Bank Testing
Load bank testing on Waste Water Treatment Generator 900KW 1 2,125.00 2,125.00
Load Bank Testing
Load bank testing on Waste Water Treatment Generator 550KW 1 1,287.50 1,287.50
Load Bank Testing
Load bank testing on Waste Water Treatment Generator 2500KW 1 4,325.00 4,325.00
Load Bank Testing
Load bank testing on Waste Water Treatment Generator 2500KW 1 4,325.00 4,325.00
Annual Maintenance
Annual Maintenance on Fire Station 51 Generator
1 1,155.00 1,155.00
Annual Maintenance
Annual Maintenance on Fire Station 52 Generator
1 840.00 840.00
Annual Maintenance
Annual Maintenance on Fire Station 53 Generator
1 715.00 715.00
Annual Maintenance
Annual Maintenance on Fire Station 54 Generator
1 702.00 702.00
Annual Maintenance
Annual Maintenance on Fire Station 55 Generator - Kohler 1 715.00 715.00
Annual Maintenance
Annual Maintenance on Fire Station 55 Generator - Cummins 1 715.00 715.00
Annual Maintenance
Annual Maintenance on Fire Station 56 Generator - Cummins 1 995.00 995.00
Annual Maintenance
Annual Maintenance on Fire Station VECC Generator
1 1,310.00 1,310.00
Annual Maintenance
Annual Maintenance on Waste Water Treatment Plant (WWTP) Spectrun Generator 1 2,570.00 2,570.00
Annual Maintenance
Annual Maintenance on WWTP Volvo Generator
1 1,265.00 1,265.00
Annual Maintenance
Annual Maintenance on WWTP Caterpillar Generator #1
1 4,440.00 4,440.00
Annual Maintenance
Annual Maintenance on WWTP Caterpillar Generator #2
1 4,440.00 4,440.00
Annual Maintenance
Annual Maintenance on Airport Cummins Generator
1 980.00 980.00
Annual Maintenance
Annual Maintenance on Corporation Yard Kohler #1
1 1,275.00 1,275.00
Annual Maintenance
Annual Maintenance on Corporation Yard Kohler #2
1 1,275.00 1,275.00
Annual Maintenance
Annual Maintenance on Corporation Yard Kohler #3
1 1,275.00 1,275.00
33 CA Certified Small Business Number: 2000474. This estimate is for reference and as a basis for approval. By accepting this Work Order, you confirm that you are authorized to make this request and that you understand that, given the technical and complex nature of our work, additional previously unforeseen items might arise, subject to additional approval, which may alter the original estimate.

ACTIVITY QTY RATE AMOUNT
Annual Maintenance
Annual Maintenance on City Hall East Generator
1 840.00 840.00
Annual Maintenance
Annual Maintenance on City Hall West Generator
1 900.00 900.00
Annual Maintenance
Annual Maintenance of Police Department County Center Generator 1 1,000.00 1,000.00
Annual Maintenance
Annual Maintenance on Police Department Third Avenue Generator 1 1,035.00 1,035.00
Annual Maintenance
Annual Maintenance on Town Meadows Generator
1 840.00 840.00
Annual Maintenance
Annual Maintenance on Waste Water Collections Generator #1 1 1,200.00 1,200.00
Annual Maintenance
Annual Maintenance on Waste Water Collections Generator #2 1 1,200.00 1,200.00

SUBTOTAL 51,219.50
TAX 0.00
TOTAL
$51,219.50
Accepted By Accepted Date
34 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0267 Agenda Date: 8/19/2024 Agenda #: 3.

Agenda Item Wording:

Water Reclamation Facility (WRF) - Master Plan Final Update - Approve and adopt the Master Plan for the Water Reclamation Facility.

Deadline for Action: 8/19/2024
Submitting Department: Public Works
Contact Name and Phone Number: Ben Litwack, Public Works Manager, 559-713-4671, [email protected] <mailto:[email protected]> Department Recommendation: Staff recommends that Council approve and adopt the Master Plan for the Water Reclamation Facility (WRF).

Background Discussion:

In 2008, a Facility Master Plan was completed for the Visalia Water Reclamation Facility (WRF), designed with a 20-year outlook. Typically, Master Plans are updated every 8-10 years to ensure that they remain aligned with the evolving needs and growth of the community. Over time, significant developments and changing conditions necessitated an update to address current and future challenges effectively.

Carollo is well-respected and prominent engineering firm that specializes in water and wastewater management. With offices nationwide, Carollo has provided direct services locally out of their Fresno office but has the ability to call on specific areas of expertise from their resources throughout the country. Carollo is familiar with the WRF facility and prepared the previous 2008 Master Plan. On April 3, 2023, Council approved a contract with Carollo to perform a Condition Assessment, Facility Plan and Master Plan update. The Facility Plan was presented to the City Council on February 20, 2024, and provided a comprehensive review of the facility’s conditions, along with a 6-year strategy for required near-term improvements. Subsequently, Carollo has now completed their review and update to the Facility’s longer-term Master Plan, which includes a 20-year roadmap to plan for build- out growth conditions and long-term improvements. This process has identified needed Capital Improvement Projects and addresses the need for future expansion of specific processes and components of the WRF.

In 2018, the WRF underwent a substantial upgrade, enhancing its treatment and disinfection capacity to 22 million gallons per day (MGD) with the installation a membrane bioreactor system (MBR) and a UV treatment system along with additional equipment designed to increase sludge digestion and dewatering capability. To manage costs, some equipment was sized for an average annual daily flow (AADF) of 18 MGD. Despite these upgrades, the facility must also adapt to changing conditions.

Water conservation efforts within the City and increased loadings have significantly impacted the factors used to calculate the WRF's capacity. Through Carollo’s recent Condition Assessment, it was Visalia City Council Printed on 8/16/2024Page 1 of 4
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35 File #: 24-0267 Agenda Date: 8/19/2024 Agenda #: 3.
determined that the WRF's effective total capacity currently stands at 13.9 MGD.

Through Carollo’s Condition Assessment and Facility Plan, they identified critical near-term improvements needed to address these capacity issues. The plan outlines measures to increase the WRF's firm capacity, ensuring necessary redundancy, to 16.3 MGD by the end of 2027, also ensuring the facility can accommodate the City's projected AADF of 15.1 MGD in 2030. These improvements are essential for maintaining efficient and reliable operations while supporting the City's growth and sustainability goals.

Carollo Engineers has now completed the Master Plan Update for the WRF, which outlines a comprehensive strategy for long-term projects to be designed and implemented from 2028 through 2037 as well as changes in operational strategies to accommodate capacity increases. These projects aim to increase the WRF's firm capacity to 21.4 MGD, sufficient to handle the projected AADF in 2044, while also providing necessary redundancy in the Plant’s systems and processes. The flow projections considered in this Master Plan include both residential and industrial development and could be implemented to meet the latest estimated projections for the Goshen Community Services District (GCSD). It is important to note that the increase in capacity for GCSD is contingent upon amendments to the existing agreement between the two entities, and the District’s ability to pay their share of the up-front costs for capacity.

The improvements outline in the Master Plan consist of the following:
· The sludge retention time (SRT) in the MBR will be reduced from 12 to 8 days. This will increase flow capacity while still providing adequate treatment capacity. · An extra RAS pump, aeration blower, and additional membrane cassettes will be added to the MBR system.
· A third UV channel will be constructed to increase disinfection capacity. · A 10th anaerobic digester, the same size as digester 8 and the proposed digester 9, will be constructed along with a 3-day sludge storage tank to increase sludge handling capacity.

These new tanks will be complemented by a new sludge feed system consisting of 4 new dewatering feed pumps.
· To increase biogas capacity, a new flare will be installed which will be able to handle the projected flow of 25,000 square cubic feet per hour (scfh). · To increase dewatering capacity, a fourth screw press will be installed with the same capacity as the existing two screw presses and the third one proposed in the near-term projects.

The Total Project Capital Cost for the recommended projects in the Master Plan is estimated at $92,740,000. Additionally, the Rehabilitation and Replacement Costs for the 20-year planning horizon are projected to be $53,000,000. These investments are crucial for ensuring the long-term functionality and reliability of the WRF, enabling it to meet the growing needs of the community while maintaining high standards of environmental stewardship and operational efficiency. The Master Plan provides a strategic roadmap for achieving these goals, ensuring that the WRF remains a vital asset for the City of Visalia.

Out of an abundance of caution, Staff chose to have the Master Plan peer reviewed. , Staff contracted Murrieta Water Group to conduct an independent audit of the WRF Master Plan for sound engineering principles. Murrieta Water Group concluded that Carollo used reasonable, industry Visalia City Council Printed on 8/16/2024Page 2 of 4
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36 File #: 24-0267 Agenda Date: 8/19/2024 Agenda #: 3.
standard assumptions based on actual measured data to prepare the Master Plan. They also concluded that the Master Plan was prepared with the appropriate professional standard of care and conservatism to achieve the residential, commercial, and industrial growth forecasts in the City’s General Plan.

Fiscal Impact:

The WRF Master Plan identifies a list of the necessary long-term projects to be designed and implemented to support the anticipated growth within the city over the next twenty years. The cost estimate total is approximately $146,040,000, of which, $92,740,000 is for design and implementation of the long-term expansion projects, and $53,300,000 is for repair and rehabilitation costs over the next 20 years. Staff will be exploring funding opportunities to complete the projects identified in the report.

With the completion of the Master Plan, a rate study has been proposed in the 2024/2025 Budget to evaluate current rates and fees to determine if additional adjustments will be necessary to cover the ongoing costs of operations and the necessary capital improvement projects.

Prior Council Action: April 3, 2023: Council approved a contract with Carollo to perform a Condition Assessment, Facility Plan, and Master Plan Update for the WRF.

December 18, 2023: Council approved Contract with Carollo for engineering services related to the identified near-term projects.

December 18, 2023: Council approved a request from the Goshen Community Services District to increase sewer discharge capacity.

February 20, 2024: Council received a report and presentation on the Facility Plan, Condition Assessment, and Master Plan update for the WRF.

June 17, 2024: Council received a report and presentation on the Final Master Plan for the WRF.

Other: N/A
Alternatives: Reject the WRF Master Plan and provide feedback so that Staff may address any issues.

Recommended Motion (and Alternative Motions if expected):

I move to approve and adopt the Master Plan for the Water Reclamation Facility (WRF).

Environmental Assessment Status: N/A
CEQA Review: The project is considered exempt under Section 15183 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). (Categorical Exemption No. 2024-41). Section 15183 states that projects which are consistent with the development density established by existing general plan policies for which an EIR was certified shall not require additional environmental review. Adoption of the Master Plan is consistent with the General Plan because it will serve the wastewater infrastructure needs for growth as identified in the Visalia 2030 Visalia City Council Printed on 8/16/2024Page 3 of 4
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37 File #: 24-0267 Agenda Date: 8/19/2024 Agenda #: 3.

General Plan. An environmental impact report (EIR) has been certified (i.e., City of Visalia General Plan General Plan Program EIR certified by Resolution No. 2014-37, adopted on October 14, 2014).

Attachments:

Master Plan - Final
WRF Master Plan - Independent Review
Visalia City Council Printed on 8/16/2024Page 4 of 4
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38 Water Reclamation Facility - Master Plan
Master Plan
Executive Summary
FINAL / June 2024
39 Water Reclamation Facility - Master Plan
Master Plan
Executive Summary
FINAL / June 2024
40 MASTER PLAN – EXECUTIVE SUMMARY
JUNE 2024 / FINAL / CAROLLO

CITY OF VISALIA
WATER RECLAMATION FACILITY - MASTER PLAN i
pw://Carollo/CA/Visalia/202132-000000/03 Reports and Studies/02 Deliverables/Master Plan /MasterPlan_ExecutiveSummary.docx Contents

EXECUTIVE SUMMARY
ES.1 Introduction ES-1
ES.2 Background and Purpose ES-1
ES.3 Technical Memorandum 1 – Long-Term Process Performance Evaluation ES-2 ES.4 Technical Memorandum 2 – Regulatory Review ES-2
ES.4.1 Wastewater and Recycled Water Strategic Plan Recommendations ES-2 ES.4.2 Biosolids Strategic Plan Recommendations ES-3
ES.5 Technical Memorandum 3 – Existing Facilities ES-4
ES.6 Technical Memorandum 4 – Long-Term Project Descriptions ES-4 ES.6.1 Membrane Bioreactor Capacity Expansion ES-4
ES.6.2 UV Disinfection System Capacity Expansion ES-5
ES.6.3 Anaerobic Digestion Capacity Expansion ES-5
ES.6.4 Biogas Flare Capacity Expansion ES-5
ES.6.5 Dewatering Capacity Expansion ES-6
ES.7 Technical Memorandum 5 – Long-Term Capital Improvement Program ES-6 ES.7.1 Cost Estimates ES-6
ES.7.2 Project Implementation ES-7
ES.7.3 20-Year CIP Implementation ES-7
ES.8 Summary and Recommendations ES-10
Tables
Table ES.1 Summary of Regulatory Concerns and Potential Strategies ES-3 Table ES.2 Total Project Capital Cost for Recommended Projects ES-6 Table ES.3 Rehabilitation and Replacement Costs for 20-Year Planning Horizon ES-7 Table ES.4 20-Year Capital Improvement Program Summary ES-9 Figures
Figure ES.1 Long-Term Projects CIP Schedule ES-8

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Abbreviations
AADF annual average daily flow
City City of Visalia
CIP capital improvement program
CV-SALTS Central Valley Salinity Alternative for Long-Term Sustainability IMLR internal mixed liquor return
MBR membrane bioreactor
MCL maximum contaminant level
mgd million gallons per day
MLSS mixed liquor suspended solids
No. number
PFAS per- and polyfluoroalkyl substances
PWWF peak wet weather flow
RAS return activated sludge
R&R rehabilitation and replacement
scfh standard cubic feet per hour
SRT solids retention time
TM technical memorandum
TWAS thickened waste activated sludge
UV ultraviolet
UVT ultraviolet transmittance
WRF Water Reclamation Facility

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EXECUTIVE SUMMARY
ES.1 Introduction
The Master Plan evaluates the long-term capacity of the City of Visalia’s (City) Water Reclamation Facility (WRF) using a biological process model. This sets the basis for developing the framework for improvements required to meet the WRF’s long-term (20-year) needs. The biological process model was calibrated to the existing and current flow/loadings data, and then used to determine capacity deficiencies based on the projected future flows/loads, which were developed using annual growth projections. Capacity expansion projects were developed for the identified treatment processes with capacity deficiencies. A long-term capital improvement program (CIP) was developed as well.

ES.2 Background and Purpose
The City’s WRF treats domestic and industrial wastewater from the City, as well as wastewater from the Goshen Community Services District. Due to the Central Valley Water Boards’s adoption of the updated Water Discharge Requirements, which increased regulation on processed wastewater discharge into Mill Creek, major upgrades were implemented to divert discharge from Mill Creek. These upgrades, which were constructed in 2017, included membrane bioreactor (MBR) treatment facilities, a new digester, sludge handling facilities, and disinfection facilities to support continued discharge to the Tulare Irrigation District for agricultural uses, along with reuse at the golf course. This project made various improvements resulting in the ability to produce Title 22 compliant recycled water. It was not intended to increase plant capacity, but rather to provide process equipment to support the more stringent wastewater effluent quality requirements. Improvements made to the treatment system were designed around an annual average daily flow (AADF) of 22 million gallons per day (mgd); however, to save overall costs, some of the equipment was sized to handle an AADF of 18 mgd.

In recent years, industrial loads have significantly increased. Furthermore, an increase in water conservation efforts in residential wastewater within the City and Goshen have happened which have caused increased influent concentrations. These increased influent concentrations have had a direct impact on the WRF, which is operating near its maximum capacity when it comes to influent biochemical oxygen demand and total suspended solids. These elevated loading concentrations are putting excessive stress on some of the treatment processes and leading to disruptions and disturbances.

The Facility Plan was the first step to evaluate the current capacity of the WRF as well as the condition of the assets to develop the framework for improvements required to meet the WRF’s near-term needs. The Master Plan takes it a step farther and evaluates the long-term capacity of the WRF to develop a roadmap for long-term improvements.
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ES.3 Technical Memorandum 1 – Long-Term Process Performance Evaluation
This technical memorandum (TM) is an extension of Facility Plan TM 1, which provides an overview of the City's WRF, summarized historical and projected near term influent flows and loads, a plant -wide performance assessment and development of a calibrated biological process model, near term capacity needs, and capital improvement projects through 2030. This TM uses the same methodology to develop long term flow and load projections, capacity needs, and capital improvement projects from 2030 through 2044. If more information is needed on the methodology or near-term findings, see TM 1 – Near-Term Process Performance Evaluation in the Facility Plan.

In order to determine the WRF’s current total capacity, a process model was used to determine the flow and loading on each treatment process using data from the plant. The model was then used to compare real-life impacts to the treatment process, and capacity ratings were used to determine if the plant could meet the projected 2044 flows.

The results of the analysis indicated that the WRF would have capacity deficiencies in the following areas:
 MBR System: Under the current operating conditions the MBR system is projected to reach treatment capacity at an AADF of 16.3 mgd.
 Ultraviolet (UV) Disinfection System: The firm capacity of the UV disinfection system will be reached at a peak wet weather flow (PWWF) of 37 mgd after the near-term expansion.  Anaerobic Digestion: After completing the recommended near-term upgrades in TM 1 of the Facility Plan, the firm capacity of the anaerobic digestors will be reached at an AADF of 18.1 mgd.  Digester Gas Flare System: The installed capacity of the biogas flare system will be reached at an AADF of 18.2 mgd.
 Dewatering Screw Press: After completing the recommended near-term upgrades in TM 1 of the Facility Plan, the firm capacity of the dewatering screw presses will be reached at an AADF of

17.6 mgd. The solid loading capacity is the limiting capacity criteria.

Six projects were identified to address these capacity issues, which are discussed TM 4 – Long-Term Project Descriptions.

ES.4 Technical Memorandum 2 – Regulatory Review
This TM presents a review of current and future regulatory requirements that may impact the City ’s wastewater, water reuse, and biosolids treatment and discharge. In addition, it presents a strategic plan developed to serve as a guide to adapt to the possibility of these changes.

ES.4.1 Wastewater and Recycled Water Strategic Plan Recommendations There is a range of strategies that may be employed for addressing regulatory concerns. Source control, scientific evidence, state and national regulatory advocacy, permit changes, and treatment optimization/upgrades are all options available for preparing and responding to regulatory compliance challenges. Participation in policy development and pilot studies may provide regulatory relief for specific 44 MASTER PLAN – EXECUTIVE SUMMARY
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constituents based on scientific evidence and development of information for improved decision -making by regulators. The possible response strategies are described within the following categories:
 Source Control – Monitoring collection systems, identifying and eliminating pollutant sources, establishing local limits, revising sewer use ordinances, working with manufacturers on product reformulation, and supporting/enacting product bans.
 Regulatory Advocacy – Development of policies and regulations to provide attainable regulatory solutions that are also protective of the environment and public health.  Permit Changes – Conducting scientific studies to evaluate impacts of discharges on the environment, developing site specific objectives, conducting mixing zone/dilution studies, modeling groundwater travel times and flow directions, and conducting antidegradation analyses to allow use of available assimilative capacity.
 Treatment – Optimization of existing facilities, modification of existing facilities, or additional treatment to reduce or remove constituents to comply with effluent limitations.

The compliance concerns and recommended strategies to address them are presented in Table ES.1. The City should continue to participate in Central Valley Salinity Alternative for Long-Term Sustainability (CV-SALTS) and track the development of maximum contaminant levels (MCLs) that could be applied to groundwater discharges.

Table ES.1 Summary of Regulatory Concerns and Potential Strategies End Use Regulatory Concerns Potential Strategies to Address Concerns Land Discharge Nitrate and Total Nitrogen Permit Changes, Treatment Salinity Source Control, Permit Changes, Treatment
MCLs Source Control, Regulatory Advocacy, Permit Changes, Treatment
Potable Reuse PFAS Source Control, Regulatory Advocacy, Treatment through purification
Notes:

PFAS - per- and polyfluoroalkyl substances.

ES.4.2 Biosolids Strategic Plan Recommendations
The WRF stabilizes their solids through anaerobic digestion and air drying. The solids produced are classified as Class B. However, recent pathogen testing indicates the solids’ pathogen concentrations meet the requirements to be classified as Class A.

The WRF is in Tulare County, where Class B biosolids land application is currently banned, requiring hauling to other counties. CalRecycle, through SB 1383, is currently attempting to overturn the Class B biosolids ban in Tulare county. If they achieve that, the following are recommended:
 Evaluate local biosolids beneficial use options.
 Consider further testing of the biosolids to determine if they can reliably meet Class A through pathogen testing and attempt to obtain Class A designation for the biosolids. 45 MASTER PLAN – EXECUTIVE SUMMARY
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As described in the Facility Plan TM 3, the high-level cost evaluation for Class A solids processing alternatives identified that advanced digestion alternatives may be cost-competitive relative to an expansion of conventional mesophilic digestion. These alternatives could be evaluated further in a biosolids master plan.

The evaluation in the Facility Plan TM 3 also identified that technologies with the potential to treat PFAS in biosolids, such as pyrolysis and gasification, have very high capital costs and are cost prohibitive. Thus, these technologies should only be considered if potential future PFAS limits require them. Gasification and pyrolysis usually follow thermal drying of solids; however, the City could investigate whether these processes can receive air-dried biosolids, which may result in substantial cost savings. Alternatively, the City could investigate regional partnerships for processing biosolids through an advanced thermal process, given these technologies benefit from economies of scale.

ES.5 Technical Memorandum 3 – Existing Facilities
This TM summarizes the existing treatment facilities at the City’s WRF. The WRF existing facilities are capable of processing and treating liquid wastewater, biosolids, and digester gas streams. Liquid wastewater entering the WRF is treated via preliminary, primary, secondary, and tertiary treatment processes. Solids are collected at various stages of the treatment train and undergo a series of solids handling processes prior to disposal. Gas streams that are generated from within the plant are treated via an onsite gas purification system and flared. The descriptions of the existing facilities were obtained from the conformed 2014 Water Conservation Plant Upgrades design drawings and the 2018 Operations and Maintenance Manual, which includes the latest upgrade project completed in 2017.

ES.6 Technical Memorandum 4 – Long-Term Project Descriptions This TM summarizes projects that are recommended for implementation between 2030 and 2044 based on the capacity analysis summarized in TM 1.

ES.6.1 Membrane Bioreactor Capacity Expansion
As described in TM 1, the MBR system does not have sufficient capacity to treat the projecte d average daily maximum month load and maintain the current design criteria of a 10-day solids retention time (SRT) and mixed liquor suspended solids (MLSS) concentration not exceeding 12,000 milligrams per liter.

However, instead of building additional aeration tanks to reduce the MLSS concentration, operation of the MBR system could be adjusted to use an 8-day SRT, which is the lower end of target SRTs, to increase the capacity of the MBR system.

In addition to adjusting operations, the capacities of the return activated sludge (RAS) pumps, blowers, internal mixed liquor return (IMLR) pumps, and membrane cassettes need to be increased to ensure the MBR system can meet performance requirements.
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It is recommended to operate the system at an 8-day SRT to reduce the MLSS concentration in the MBR system. It is also recommended to add the extra RAS pump, aeration blower, and additional membrane cassettes to increase capacity to the MBR system. By making this operational change and equipment installations, additional aeration tanks would not be needed. Lastly, the IMLR pumps’ total capacity should be increased to ensure the total nitrogen limit is met and the City’s effluent helps meet groundwater quality goals. These improvements should be made by 2033 to avoid exceeding the capacity of the MBR system.

ES.6.2 UV Disinfection System Capacity Expansion
After the near-term expansion project is completed, the UV disinfection system will have a firm capacity of 37 mgd (6 duty banks + 1 standby bank). However, this is not sufficient to meet the projected 2044 PWWF of 42.8 mgd. Furthermore, the projected PWWF is estimated to exceed the UV system’s firm capacity in 2038. Therefore, the UV system must be expanded and brought online by 2038.

Even though the historical ultraviolet transmittance (UVT) data indicates the system is operating at a higher UVT than the original design criteria of 65 percent, UVT can vary over time, so it is recommended to revisit re-rating the UV system with the UVT data available during preliminary design. For planning purposes, it was conservatively assumed that the UV system would be expanded to meet the projected 2044 PWWF. It is recommended to construct a new third UV channel and bring it online by 2038.

ES.6.3 Anaerobic Digestion Capacity Expansion
The near-term anaerobic digestion capacity expansion project will include a new Digester No. 9 that is the same size and design as Digester No. 8. However, this additional digester does not provide sufficient firm capacity to meet minimum criteria for the projected design year flows.

Both Digester Nos. 8 and 9 have dedicated storage within them, decreasing the available active digestion capacity. It is recommended to remove the capacity out of these digesters and construct a tank with three days of storage to regain digestion capacity. Also, a new digester the same size as Digester Nos. 8 and 9 will need to be constructed to increase capacity for the projected flows. The new digester and sludge storage tank should be online by 2037. It is also recommended to convert the existing dewatering pump station to a sludge storage pump station and construct a new dewatering feed pump station. With the addition of the 3-day sludge storage tank, a fourth pump should be installed in the reserved space north of Digester No. 8 and four pumps should be installed at the new dewatering feed pump station.

ES.6.4 Biogas Flare Capacity Expansion
The current flare system’s capacity of 21,250 standard cubic feet per hour (scfh) is not enough to meet the projected 2044 digester gas flows. A capacity of about 25,000 scfh is needed to flare the projected flows.

It is recommended to expand the flaring capacity by replacing the existing flare with a higher capacity flare. This should be completed by 2037. 47
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ES.6.5 Dewatering Capacity Expansion
After the near-term dewatering capacity expansion project is completed, the WRF will have three screw presses. This provides sufficient capacity for the near-term flows and creates the necessary redundancy required for this process. However, looking toward the 20-year horizon, these screw presses will not be enough to handle the 2044 AADF.

Additionally, if a 3-day sludge storage tank is added as discussed above, the screw presses will need to be able to dewater sludge in the new storage tank in 4 days, assuming that operation is halted over a 3 -day weekend. This can be achieved by running four screw presses at a time, meaning the redundant screw press would also run. Therefore, a new screw press must be installed to expand the dewatering capacity for critical redundancy as well as for dewatering the full sludge storage tank.

It is recommended to add a fourth screw press with the same capacity as the existing screw presses by 2036 to provide additional capacity and redundancy for the dewatering system as well as construct a new dewatering pump station with four pumps.

ES.7 Technical Memorandum 5 – Long-Term Capital Improvement Program
The long-term CIP identifies capacity related projects, which are described in TM 4, required at the WRF between 2030 and 2044. Cost estimates and an implementation schedule were developed for each project.

ES.7.1 Cost Estimates
Total project cost estimates for each project are summarized in Table ES.2. These cost estimates are at a planning level and limited to capital costs. They do not include operations and maintenance costs.

Table ES.2 Total Project Capital Cost for Recommended Projects Project Cost (1)
MBR Capacity Expansion $14,750,000
UV Disinfection System Capacity Expansion $7,830,000
Anaerobic Digestion Capacity Expansion $56,950,000
Biogas Flare Capacity Expansion $7,000,000
Dewatering Capacity Expansion $6,210,000
Total $92,740,000
Notes:
(1) The costs are presented in 2024 dollars. Note that capital costs presented are for planning purposes. These costs do not include mid-point escalation or bid market allowance. Current market conditions suggest large rates of cost escalation and high rates of variance in construction bidding. It is suggested that an escalation rate and bid market allowance be added to capital costing efforts as project development becomes more refined. Total project costs include factors for estimating contingency, sales tax, general conditions, and contractor overhead and profit as well as 25 percent allowance for engineering, legal, administration, and permitting costs. 48 MASTER PLAN – EXECUTIVE SUMMARY
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Total rehabilitation and replacement (R&R) costs as well as annual R&R costs that span the 20-year planning horizon are presented in Table ES.3.

Table ES.3 Rehabilitation and Replacement Costs for 20-Year Planning Horizon Element Cost
R&R Cost(1) $53,000,000
Annual R&R Cost First 2024-2034(2) $2,270,000
Annual R&R Cost Second 2034-2044(3) $3,030,000
Notes:
(1) Total R&R costs reflect 35 percent of the total project costs in the 20-year CIP and are presented in 2024 dollars. (2) The annual R&R costs are based on 15 percent of the total capital project costs distributed across the first half of the planning horizon. This approach was used because a majority of the plant was upgraded approximately seven years ago, so it is expected that minimal R&R will be needed during the first half of the planning horizon. (3) The annual R&R costs are based on 20 percent of the total capital project costs distributed across the second half of the planning horizon. This approach was used because it is expected that more R&R projects will be needed in the second half of the planning horizon.

ES.7.2 Project Implementation
The implementation timing, determined by when the plant needs additional capacity, and the project duration assign each project a start and completion date. The recommended implementation schedule for the projects can be seen in Figure ES.1.

ES.7.3 20-Year CIP Implementation
The project implementation plan includes an overall schedule of the CIP and projected cash flow requirements for implementing the CIP. These projects would be implemented as needed to meet flow and load requirements rather than at set dates. The recommended implementation for each project is shown in Table ES.4.

In addition to the outlined capital projects, a biosolids master plan, digester gas use study, new facility plan, and new master plan were added to the CIP. It is recommended that the biosolids master plan and digester gas use study be conducted after the near-term digester capacity expansion project is completed. See TM 3 – Environmental Opportunities in the Facility Plan for more information on these studies. The new facility plan and master plan should be completed within 10 years.

While this Master Plan included projects that increased treatment capacities to meet the projected 2044 flows and loads, the City requested that process areas be evaluated for when 80 percent of the capacity was exceeded to trigger when the process area should be evaluated for expansion. Reviewing the capacity analysis, several process areas were identified to have their 80 percent capacity exceeded during the 20-year planning horizon. A planning study for each of these process areas was included in the CIP the year after it hit 80 percent capacity. If the rated capacity of the process area was expected to be exceeded within two years past the 20-year planning period, then ballpark estimates for design and construction costs were added to the CIP. However, project descriptions were not developed for these cases, and they should be thoroughly evaluated during the next master plan in 10 years. If the rated capacity of the process area was not exceeded for several years after the 20-year planning period, then no additional design or construction costs were included in the CIP. These projects should also be evaluat ed during the next master plan in 10 years.

The costs for these planning studies and design/construction activities can be seen in Table 5.4. 49 MASTER PLAN – EXECUTIVE SUMMARY
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Figure ES.1 Long-Term Projects CIP Schedule

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Table ES.4 20-Year Capital Improvement Program Summary
Project Total Project Cost
CIP Cost
2024 2025 2026 2027 2028 2029-2033 2034-2038 2039-2043
Near-Term Projects Costs(1)
TWAS Pump Replacements $630,000 $630,000 - - - - - - -
Dewatering Capacity Expansion – Near Term $4,650,000 $930,000 $3,720,000 - - - - - - Sludge Drying Bed Capacity Expansion $10,350,000 $2,070,000 $5,520,000 $2,760,000 - - - - - Digester Dewatering Pond Addition $6,110,000 $1,220,000 $3,260,000 $1,630,000 - - - - - Anaerobic Digestion Capacity Expansion – Near Term $34,990,000 $3,500,000 $6,999,000 $13,995,000 $10,496,000 - - - - UV Disinfection System Capacity Expansion – Near -Term $2,010,000 - $400,000 $1,610,000 - - - - - Subtotal $58,740,000 $8,350,000 $19,899,000 $19,995,000 $10,496,000 - - - - Long-Term Projects Costs(1)
MBR System Capacity Expansion $14,750,000 - - - - $1,967,000 $12,783,000 - - UV Capacity Expansion – Long Term $7,830,000 - - - - - $523,000 $7,307,000 - Anaerobic Digestion Capacity Expansion – Long Term $56,950,000 - - - - - $30,916,000 $26,034,000 - Biogas Flare Capacity Expansion $7,000,000 - - - - - $1,400,000 $5,600,000 - Dewatering Capacity Expansion – Long Term $6,210,000 - - - - - $4,968,000 $1,242,000 - Subtotal $92,740,000 - - - - $1,967,000 $50,590,000 $40,183,000 - Studies and Predesign Activities(2)
Biosolids Master Plan $500,000.00 - - - - $500,000.00 - - - Biogas Master Plan $300,000.00 - - - - $300,000.00 - - - Facility/Master Plan Update $1,000,000.00 - - - - - $500,000.00 $500,000.00 - Grit Tanks $500,000.00 - - - - - - - $500,000.00
Primary Sedimentation Tanks $500,000.00 - - - - - - $500,000.00 - MBR System $1,000,000.00 - - - - - - $1,000,000.00 - UV Disinfection $500,000.00 - - - - - - $500,000.00 - Gravity Belt Thickeners $500,000.00 - - - - - - $-500,000.00 - Anerobic Digestion $1,000,000.00 - - - - - - $1,000,000.00 - Sludge Drying Bed $500,000.00 - - - - - - $500,000.00 - Subtotal $6,300,000.00 - - - - $800,000.00 $500,000.00 $4,500,000.00 $500,000.00 Design/Construction(2)
Primary Sedimentation Tanks $32,000,000.00 - - - - - - - $32,000,000.00 MBR System $155,000,000.00 - - - - - - $2,500,000.00 $152,500,000.00 UV Disinfection $7,830,000.00 - - - - - - - $7,830,000.00 Gravity Belt Thickeners $22,000,000.00 - - - - - - - $22,000,000.00 Anerobic Digestion $56,950,000.00 - - - - - - $8,136,000.00 $48,814,000.00 Sludge Drying Bed $10,350,000.00 - - - - - - - $10,350,000.00 Subtotal $284,130,000.00 - - - - - - $10,636,000.00 $273,494,000.00 R&R Costs(3)
R&R $53,000,000 $2,270,000 $2,270,000 $2,270,000 $2,270,000 $2,270,000 $11,350,000 $15,150,000 $15,150,000 CIP Total $494,910,000.00 $10,620,000.00 $22,169,000.00 $22,265,000.00 $12,766,000.00 $5,037,000.00 $62,440,000.00 $70,469,000.00 $289,144,000.00 Notes:

TWAS - thickened waste activated sludge.
(1) The costs are presented in 2024 dollars. Note that capital costs presented are for planning purposes. These costs do not include mid-point escalation or bid market allowance. Current market conditions suggest large rates of cost escalation and high rates of variance in construction bidding. It is suggested that an escalation rate and bid market allowance be added to capital costing efforts as project development becomes more refined. Total project costs include factors for estimating contingency, sales tax, general conditions, and contractor overhead and profit as well as 25 percent allowance for engineering, legal, administration, and permitting. (2) As stated in Section 5.5, the City requested that future master plans be included in the CIP as well process areas be evaluated for when 80 percent of the capacity was exceeded to trigger when the process area should be evaluated for expansion. A planning study for process areas whose 80 percent capacity was exceeded was included in the CIP the year after it hit 80 percent capacity. If the rated capacity of the process area was expected to be exceeded within two years past the 20-year planning period, then ballpark estimates for design and construction costs were added to the CIP. If the rated capacity of the process area was not exceeded for several years after the 20-year planning period, then no additional design or construction costs were included in the CIP. (3) Total R&R costs reflect 35 percent of the total project costs. 51 MASTER PLAN – EXECUTIVE SUMMARY
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ES.8 Summary and Recommendations
This Master Plan outlines key long-term project recommendations and identifies improvements for the WRF. As described above, it is recommended to complete the following projects within the next 20 years to maintain adequate firm treatment capacity to meet projected flows and loads.  Membrane Bioreactor Capacity Expansion (complete by 2033): Operate the system at an 8-day SRT to reduce the MLSS concentration in the MBR system. Add an RAS pump, aeration blower, and additional membrane cassettes. Upsize the IMLR pumps and piping to increase return flows in the aeration basins.
 UV Disinfection System Capacity Expansion (complete by 2038): Construct a new UV channel and install additional UV modules and associated electrical equipment to increase the firm capacity of the UV system.
 Anaerobic Digestion Capacity Expansion (complete by 2037): Remove storage from Digester Nos. 8 and 9 and construct a dedicated storage tank that can store three days’ worth of sludge. Add a new digester with the same dimensions as Digester Nos. 8 and 9. This will increase the digestion capacity and allow the plant to meet the required SRT for Class B biosolids if the largest digester – either Digester Nos. 8, 9, or 10 – needs to be taken offline, providing necessary redundancy to the digestion system. Convert the existing dewatering feed pump station to a sludge storage pump. A fourth pump should be installed in the reserved in the space north of Digester No. 8.  Biogas Flare Capacity Expansion (complete by 2037): Install a higher capacity flare and upsize piping to handle the higher projected flows.
 Dewatering Capacity Expansion (complete by 2036): Install a fourth screw press with the same capacity as the existing screw presses to provide critical redundancy. Construct a new dewatering feed pump station with four pumps.
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pw://Carollo/CA/Visalia/202132-000000/03 Reports and Studies/02 Deliverables/Master Plan/TM 1 - Long-Term Process Evaluation/TM01.docx Contents
TM 1 LONG-TERM PROCESS PERFORMANCE EVALUATION

1.1 Introduction 1-1

1.2 Long-term Flow and Load Projections 1-1

1.3 Capacity Analysis 1-3

1.3.1 Membrane Bioreactor System 1-6

1.3.2 UV Disinfection 1-7

1.3.3 Anaerobic Digestion System and Ancillary Equipment 1-7

1.3.4 Biogas Flare System 1-7

1.3.5 Dewatering System 1-7
Tables
Table 1.1 Flow and Load Projections Summary 1-1
Table 1.2 Unit Process Capacities 1-4
Figures
Figure 1.1 Influent Flow Projections for 2023 to 2044 1-2 Figure 1.2 BOD and TSS Load Projections for 2023 to 2044 1-3 Figure 1.3 Unit Process Capacities and 2044 AADF and PWWF Projections 1-4 55 TECHNICAL MEMORANDUM 1 – LONG-TERM PROCESS PERFORMANCE EVALUATION JUNE 2024 / FINAL / CAROLLO

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Abbreviations
AADF average annual daily flow
AB aeration basin
ADMML average day maximum month load
BOD biochemical oxygen demand
COD chemical oxygen demand
C Celsius
ft2 square feet
IMLR internal mixed liquor return
lb/ft2/yr pounds per square foot/per year
MBR membrane bioreactor
MG million gallons
mgd million gallons per day
mg/L milligrams per liter
MLSS mixed liquor suspended solids
ppd pounds per day
PWWF peak wet weather flow
RAS return activated sludge
scfh standard cubic feet per hour
scfm standard cubic feet per minute
SRT sludge retention time
TM technical memorandum
TN total nitrogen
TSS total suspended solids
TWAS thickened waste activated sludge
UV ultraviolet
UVT ultraviolet transmittance
WRF Water Reclamation Facility

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TM 1 LONG-TERM PROCESS PERFORMANCE

EVALUATION

1.1 Introduction
In recent years, there has been a significant increase in industrial loads, along with increased water conservation efforts in residential wastewater within the City of Visalia and Goshen. The increased concentrations of wastewater have had a direct impact on the facility which is operating near its maximum capacity when it comes to influent biochemical oxygen demand (BOD) and total suspended solids (TSS).

These elevated loadings are putting excessive stress on some of the treatment processes and leading to disruptions and disturbances.

This technical memorandum (TM) is an extension of TM 1 – Near-Term Process Performance Evaluation of the Facility Plan, which provides an overview of the Visalia Water Reclamation Facility (WRF), summarized historical and projected near term influent flows and loads, a plant-wide performance assessment and development of a calibrated biological process model, near term capacity needs, and capital improvement projects through 2030. This TM uses the same methodology to develop long term flow and load projections, capacity needs, and capital improvement projects from 2030 through 2044. If more information is needed on the methodology or near-term findings see TM 1 – Near-Term Process Performance Evaluation in the Facility Plan.

1.2 Long-term Flow and Load Projections
Using the same methodology to develop the near-term flow and load projections in TM 1 – Near-Term Process Performance Evaluation in the Facility Plan, the projected 2044 flows and loads are shown in Table 1.1. Projections of the future flows and loads are shown in Figure 1.1 and Figure 1.2, respectively.

The average annual flow for 2044 is projected to increase to 21.4 million gallons per day (mgd), which is

8.9 mgd more than the current 2023 average.

Table 1.1 Flow and Load Projections Summary
Condition Baseline Period(1) 2044 (20-year Horizon)(2)
Average Annual
Flow, mgd 11.9 21.4
BOD, mg/L 539 656
BOD, ppd 54,000(3) 117,000(3)
COD, mg/L 1,251 1,402
COD, ppd 124,000(3) 250,000(3)
TSS, mg/L 715 910
TSS, ppd 71,000(3) 161,000(3)
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Condition Baseline Period(1) 2044 (20-year Horizon)(2)
Maximum Month
Flow, mgd 12.4 22.3
BOD, ppd 73,000 152,000
COD, ppd 175,000 320,000
TSS, ppd 111,000 237,000
Peak Wet Weather
Flow, mgd 23.3 42.8
Notes:

COD - chemical oxygen demand; mg/L - milligrams per liter; ppd - pounds per day. (1) Baseline period ranges from August 2020 to April 2023 (2) Wastewater concentrations, flows, loads and peaking factors are projected using average data from August 2020 to April 2023 (baseline period).
(3) Influent loading rates are rounded to the nearest thousandth.

Figure 1.1 Influent Flow Projections for 2023 to 2044
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Figure 1.2 BOD and TSS Load Projections for 2023 to 2044

1.3 Capacity Analysis
The 2044 long-term process capacity evaluation of the Visalia WRF is based on the previously calibrated process model and the recommended capacity criteria, reported in Table 5 of TM1 - Near-Term Process Performance in the Facility Plan. The process model includes primary clarifiers, membrane bioreactor (MBR) system, gravity belt filters, anaerobic digesters, and dewatering screw presses.

The projected 2044 sludge production is estimated based on the solids loading coming from the primary and secondary sludge lines. The equivalent average annual daily flow (AADF) and peak wet weather flow (PWWF) capacity of each process unit are estimated based on when their individual design capacity criteria are reached. These are then compared to the 2044 AADF and PWWF projections to assess the need for capacity expansion. Figure 1.3 shows the comparison between 2044 flow projections (dashed horizontal lines) in conjunction with the estimated equivalent influent flows capacities of each process.

Equipment and processes designed for PWWF criteria (e.g., influent pumps) were only assess ed in terms of firm capacity, with the largest unit out of service. For processes designed for both AADF and PWWF (e.g., secondary treatment) both the AADF and PWWF capacities are shown. The capacities resulting from 59 TECHNICAL MEMORANDUM 1 – LONG-TERM PROCESS PERFORMANCE EVALUATION JUNE 2024 / FINAL / CAROLLO

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the recommended near-term expansions (discussed in TM 1 - Near-Term Process Performance in the Facility Plan) are also shown in Figure 1.3.

Figure 1.3 Unit Process Capacities and 2044 AADF and PWWF Projections The ability for each process to meet the 2044 flow/load projections is denoted by a green check symbol. A warning symbol is adopted to indicate when projected flows/loads exceed the capacities of the individual processes.

Table 1.2 presents the estimated capacity for each unit process at the Visalia WRF.

Table 1.2 Unit Process Capacities
Process Controlling
Condition
Capacity
(mgd)
2044 Projected
Flow (mgd)
Capacity
Deficit (mgd)
Year of
Capacity
Exceedance
Mechanical Bar Screens PWWF 47(1) 42.8 - -
Influent Pump Station PWWF 46.9(1) 42.8 - -
Grit Removal PWWF 48(2) 42.8 - -
Primary Clarification AADF
PWWF

21.9(2)
44(2)

21.4 42.8
- -
Inter-Stage Pump Station PWWF 44.4(1) 42.8 - -
Fine Screens PWWF 45(1) 42.8 - -
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Process Controlling
Condition
Capacity
(mgd)
2044 Projected
Flow (mgd)
Capacity
Deficit (mgd)
Year of
Capacity
Exceedance
MBR System AADF
PWWF

16.3(2)(4)
36(2)(4)

21.4 42.8
-5.1(4)
-6.8(4)
2033
Membrane Tank Permeate Pumps PWWF 50.9(1) 42.8 - -
UV Disinfection PWWF 37(2)(3) 42.8 -5.8 2038
Anaerobic Digestion AADF 18.1(3) 21.4 -3.3 2037
Biogas Flare AADF 18.2(2) 21.4 -3.2 2037
Sludge Transfer Pumps AADF 27.8(1)(3) 21.4 - -
Dewatering Feed Pumps AADF 27.8 (1) 21.4 - -
Sludge Dewatering AADF 17.6(1)(3) 21.4 -3.8 2036
Sludge Drying Beds AADF 21.8(3) 21.4 - -
Notes:

SRT - sludge retention time; TWAS - thickened waste activated sludge; UV - ultraviolet. (1) Firm capacity: largest unit out of service.
(2) Total capacity: all units in service.
(3) Recommended process improvements and capacity expansions from TM 1 - Near-Term Process Performance of the Facility Plan, which includes a 5 percent and 3.5 percent TWAS and primary sludge thickening, respectively. (4) MBR treatment capacity with a 10-day SRT.

As shown in Figure 1.3, to provide enough capacity to treat the 2044 flows and loads projections, upgrades of different process steps are required.
 MBR System: Under the current operating conditions the MBR system is projected to reach treatment capacity at an AADF of 16.3 mgd.
 UV Disinfection System: The firm capacity of the UV disinfection system will be reached at a PWWF of 37 mgd after the near-term expansion.
 Anaerobic Digestion: After completing the recommended near-term upgrades in TM1 - Near-Term Process Performance of the Facility Plan, the firm capacity of the anaerobic digestors will be reached at an AADF of 18.1 mgd.
 Digester Gas Flare System: The installed capacity of the biogas flare system will be reached at an AADF of 18.2 mgd.
 Dewatering Screw Press: After completing the recommended near-term upgrades in TM1 – Near-Term Process Performance of the Facility Plan, the firm capacity of the dewatering screw presses will be reached at an AADF of 17.6 mgd. The solid loading capacity is the limiting capacity criteria.

The first recommended long-term project would be to install additional sludge-drying beds by approximately 2032 to meet future dewatered solids loadings. Under the current design criteria of 10 -day SRT, the MBR system will reach treatment capacity in 2033. Expanding the capacities of the RAS and IMLR systems and lowering the SRT of the system would expand the capacity of the MBR system to meet the long-term capacity requirements. Additional required solids treatment projects are to install an additional screw press (2036), an additional digester (2037), and the expansion of the digester gas flare system (2037). The UV disinfection process will require additional capacity by 2038. 61 TECHNICAL MEMORANDUM 1 – LONG-TERM PROCESS PERFORMANCE EVALUATION JUNE 2024 / FINAL / CAROLLO

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Table 1.2 provides a summary of the capacities of the Visalia WRF’s processes. The controlling conditions denote the design criteria used for the specific process. The capacities of the individual processes are compared to the 2044 AADF and PWWF projections, along with the equivalent capacity deficit. The expected year of capacity exceedance is also listed.

1.3.1 Membrane Bioreactor System
The recommended design criteria for MBR systems in TM 1 – Near-Term Process Performance in the Facility Plan includes operating at a SRT of 10 days. For the near-term process performance evaluation, a 10-day SRT simulation of the MBR system ensures sufficient biological treatment capacity, while maintaining mixed liquor suspended solids (MLSS) concentrations in the membrane tanks below the recommended design threshold of 12,000 mg/L.

When simulating the 2044 average daily maximum month load (ADMML) analysis, the solids concentrations in the membrane tanks of the MBR system surpassed the recommended design maximum threshold of 12,000 mg/L. At solids concentrations higher than the design threshold, the flux rate of the membranes can be negatively impacted.

Additional simulations were performed over a range of SRTs to assess the feasibility to lower the MLSS concentration in the membrane tank.

For the 2044 ADMML projections, sufficient capacity can be achieved by lowering the SRT to eight days, while still providing sufficient biological treatment capacity to treat the primary effluent organic and nitrogen loads and meeting regulatory effluent limits using the existing aeration basins (ABs). This alternative avoids the need for additional volume of the ABs, thus requiring only the four existing ABs. The 2044 simulations were assessed under average-temperature conditions (24 degrees Celsius [C]), and for low-temperature conditions (22 degrees C).

However, to ensure sufficient capacity, several equipment upgrades are recommended:
 Additional RAS Pump: The maximum firm capacity of the existing RAS pumps is 78 mgd (3+1, 26 mgd each). To maintain MLSS concentrations of the membrane tanks below the 12,000 mg/L threshold, the RAS pumps flow capacity needs to be increased before 2044. Therefore, the installation of an additional RAS pump is recommended, which would provide a firm capacity of 104 mgd (4+1).

This recommendation is in line with the original design plan for the 22 mgd expansion.  Additional AB Blower: The maximum firm capacity of the existing blower group is approximately 31,000 standard cubic feet per minute (scfm) (4+1, 7,769 scfm each). To meet the projected 2044 airflow requirements of approximately 35,000 scfm the addition of another blower is recommended to reach a firm capacity of 38,845 scfm (five on duty and one on standby). This recommendation is in line with the original design plan for the 22 mgd expansion.  IMLR Pump Flow Capacity Increase: The max capacity of the existing four IMLR pumps is 89 mgd.

To accommodate long-term future loads and lower effluent nitrate to achieve total nitrogen (TN) concentrations below the 10mg
TN-N/L effluent limit, an increase in the IMLR flow rate to 160 mgd is recommended.
 Membrane Tank Upgrades: Increase the membrane area per train. This can be achieved by adding a 52-module cassette in each train (from 8 to 9 cassettes), with 7 existing cassettes fully populated (48 modules), 1 partially populated existing cassette (46 modules) and 1 fully populated new cassette 62 TECHNICAL MEMORANDUM 1 – LONG-TERM PROCESS PERFORMANCE EVALUATION JUNE 2024 / FINAL / CAROLLO

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(52 modules). This configuration is slightly different from the original 22 mgd design expansion since the higher packing density currently available for the new MBR cassettes allows to achieve the required membrane surface with only one cassette per train. This adjustment allows the system to operate under AADF conditions of 15 gallons per day per square foot with one membrane tank out of service.

In summary, the proposed upgrades ensure the system's performance without the need for additional tankage. Operating at an eight-day SRT, along with the outlined enhancements, enables the MBR system to meet design criteria and handle varying operational conditions effectively.

1.3.2 UV Disinfection
The original design criteria of the UV disinfection process assume a 65 percent ultraviolet transmittance (UVT) with a design dose of 80 millijoules per square centimeter. After reviewing of the plant operating data, the lower 10th percentile of the UVT indicated a value of 72 percent, indicating that the system was overperforming with respect to the original design criteria. However, the original 65 percent UVT value was assumed when estimating the long-term capacity requirements of the UV disinfection system since a higher UVT would decrease the conservatism of the planning effort, and UVT can vary over time. A minimum temperature of 18 degrees C was also used as a conservative design criterion. These assumptions were selected to account for variability in feed water constituents of the MBR system’s effluent that can impact UVT performance (e.g., colloids, turbidity, etc.). For the long -term improvements to the UV disinfection process, it is recommended to add a new UV channel to increase the UV system’s firm capacity to be able to meet the projected PWWF.

1.3.3 Anaerobic Digestion System and Ancillary Equipment After the near-term improvements have been implemented, the anaerobic digestion system will have sufficient firm capacity until approximately 2037. Near-Term TWAS pumps upgrades are assumed to provide a flow capacity of 100 gallons per minute and are sized to overcome the pressure losses required to pump a 5 percent TWAS stream to the digesters. Although the installed capacity of all nine units in service provides enough treatment capacity until approximately 2044, the firm capacity without the largest digester (i.e., No. 8 or No. 9) is projected to be insufficient to treat 2044 solids loadings. Therefore, assuming digester No. 9 has the same volume allocated to storage as No. 8, an additional active digester volume of 2.24 million gallon (MG) is required to ensure enough firm capacity through 2044, with a total installed and firm capacity of 8.13 MG and 5.9 MG, respectively.

1.3.4 Biogas Flare System
The 2044 projected digester gas volumetric flows will exceed the current rated capacity of the biogas flare system (21,250 standard cubic feet per hour [scfh]). To provide sufficient flaring capacity the flaring system should be expanded to provide an overall treatment capacity of 25,000 scfh.

1.3.5 Dewatering System
The capacity of the dewatering system is not sufficient to meet the projected 2044 sludge flows and loads.

A fourth screw press should be installed to provide sufficient firm capacity to meet the projected sludge flows and loads.
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pw://Carollo/CA/Visalia/202132-000000/03 Reports and Studies/02 Deliverables/Master Plan/TM 2 - Regulatory Review/TM02.docx Contents
TM 2 REGULATORY REVIEW AND STRATEGIC PLAN

2.1 Introduction 2-1

2.2 Wastewater Regulations 2-1

2.2.1 Regulatory Review 2-1

2.2.2 Future Regulations for Land Discharges 2-7

2.3 Recycled Water Regulations 2-8

2.3.1 Non-Potable Reuse Regulations and Current Permit 2-8

2.3.2 Potable Reuse Regulations 2-8

2.3.3 Future Requirements 2-10

2.4 Wastewater and Recycled Water Strategic Plan Recommendations 2-13

2.5 Biosolids Regulations 2-14

2.5.1 Introduction 2-14

2.5.2 Regulatory Review 2-14

2.5.3 Biosolids Strategic Plan Recommendations 2-18
Tables
Table 2.1 Effluent Limitations and Actual Concentrations 2-5 Table 2.2 Recent Groundwater Quality 2-6
Table 2.3 Approved Discharge Locations 2-7
Table 2.4 Summary Comparison of Key Regulatory Requirements for GWR, SWA, and DPR 2-11
Table 2.5 California PFAS Drinking Water Advisory Values 2-12 Table 2.6 EPA Proposed MCLs and MCLGs 2-13
Table 2.7 Summary of Regulatory Concerns and Potential Strategies 2-13 Table 2.8 Biosolids Pollutant (Metal) Concentrations and Limits 2-15 Figures
Figure 2.1 Central Valley Salt and Nutrient Management Plan (CV-SALTS) Nitrate Management Zones Map 2-3
Figure 2.2 The City’s WRF Treatment Process 2-4
Figure 2.3 Areas of Discharge and Monitoring Well Locations 2-6 Figure 2.4 County Land Application Ordinances in California 2-17

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Abbreviations
AB Assembly Bill
AGR agricultural supply
AL action level
AOP advanced oxidation process
AWTO advanced water treatment operator
BAC biological activated carbon
Basin Plan Water Quality Control Plan for the Tulare Lake Basin BOD biochemical oxygen demand
C Celsius
Carollo Carollo Engineers
City City of Visalia
CIWQS California Integrated Water Quality System
CV-SALTS Central Valley Salinity Alternatives for Long-Term Sustainability CWA Clean Water Act
DBP disinfection byproduct
DDW Division of Drinking Water
deg. degrees
DiPRRA direct potable reuse responsible agency
DPR direct potable reuse
DWQ Division of Water Quality
EC electrical conductivity
EPA United States Environmental Protection Agency
ESCP enhanced source control program
F Fahrenheit
ft feet
GWR groundwater recharge
HA Health Advisories
HFPO-DA (GenX) hexafluoropropylene oxide dimer acid
IAP Independent Advisory Panel
IND industrial service supply
IPR indirect potable reuse
LRV log removal value
µmhos/cm micromhos per centimeter
max. maximum
MBR membrane bioreactor
MCL maximum contaminant level
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MCLG maximum contaminant level goals
mg/kg milligram of pollutant per kilogram of solids (dry basis) mg/L milligrams per liter
mgd million gallons per day
MPN/100 mL most probable number per 100 milliliters
MUN municipal and domestic supply
MW monitoring well
N nitrogen or nitrate
ng/L nanogram per liter
NL notification level
NOA Notice of Applicability
NPDES National Pollutant Discharge Elimination System
NTU nephelometric turbidity units
P&O Prioritization and Optimization
PFAS per- and polyfluoroalkyl substances
PFBS perfluorobutanesulfonic acid
PFHxS perfluorohexane sulfonate
PFNA perfluorononanoic acid
PFOA perfluorooctanoic acid
PFOS perfluorooctane sulfonate
PHG Public Health Goal
PRO industrial process supply
PS primary sludge
PSRP Processes To Significantly Reduce Pathogens
RAS return activated sludge
REC-1 water contact recreation
REC-2 non-contract water recreation
RL response level
RO reverse osmosis
RWA raw water augmentation
RWQCB Regional Water Quality Control Board
SB Senate Bill
SDWA Safe Drinking Water Act
sMCL secondary maximum contaminant level
SO4 sulfate
SWA surface water augmentation
SWRCB California State Water Resource Control Board
TCLP Toxicity Characterization Leaching Procedure
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TDS total dissolved solids
THP thermal hydrolysis process
TID Tulare Irrigation District
Title 22 California Code of Regulations, Title 22
TM technical memorandum
TOC total organic carbon
TPAD temperature phased anaerobic digestion
TS total solids
TSS total suspended solids
TWA treated water augmentation
Type 1 disinfected tertiary-treated recycled water
Type 2 undisinfected secondary-treated recycled water
UV ultraviolet
WAS waste activated sludge
WDR waste discharge requirement
WQO water quality objective
WRF Water Reclamation Facility
WRRF water resource recovery facilities
WWTP wastewater treatment plant

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TM 2 REGULATORY REVIEW AND STRATEGIC PLAN

2.1 Introduction
This technical memorandum (TM) presents a review of current and future regulatory requirements that may impact the City of Visalia’s (City's) wastewater, water reuse, and biosolids treatment and discharge. In addition, it presents a strategic plan developed to serve as a guide to adapt to the possibility of these changes.

2.2 Wastewater Regulations
At the federal level, the United States Environmental Protection Agency (EPA) establishes and enforces federal regulations that govern the City’s wastewater facilities. The EPA develops and enforces federal rules and regulations that set national standards that protect human health and the environment. Most of the regulations that apply to wastewater effluent are based on the implementation of the Clean Water Act (CWA). In California, the Porter-Cologne Act provides the structure for implementing the CWA and regulating discharges to surface waters and groundwater. The Porter-Cologne Act established a structure of Regional Water Quality Control Boards (RWQCBs) that set policies and develops Basin Plans to assign specific water quality objectives and beneficial uses for waterbodies within their specific boundaries in California. The California State Water Resource Control Board (SWRCB) develops and establishes statewide policies, regulations and general orders for the protection of water quality, regulates drinking water, administers California’s water rights system, supports and coordinates the efforts of nine RWQCBs.

Other state agencies with jurisdiction or involvement in water quality regulation in California include the Division of Drinking Water (DDW), which is a division of the SWRCB and is responsible for drinking water regulations and water reclamation criteria (water recycling). At the local level, the RWQCBs are responsible for ensuring federal and state water quality requirements are met within their region. They set water quality objectives, issue waste discharge requirements (WDRs) and National Pollutant Discharge Elimination System (NPDES) permits, determine compliance with those requirements, and take appropriate enforcement action. The Central Valley RWQCB (Region 5) is responsible for the region where the City is located.

2.2.1 Regulatory Review

2.2.1.1 Basin Plan Requirements and CV-SALTS
RWQCB’s set beneficial uses for water bodies and establish water quality objectives that are assigned to protect those beneficial uses. These beneficial uses and water quality objectives are used to identify waterbody impairments and objectives that must be met by discharges to the waterbodies. The Central Valley RWQCB adopted a Water Quality Control Plan for the Tulare Lake Basin (Basin Plan) that designates beneficial uses, establishes narrative and numerical water quality objectives (WQOs), and contains implementation plans and policies for protecting waters of the basin. The RWQCB issues WDRs that implement the Basin Plan requirements.
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The City’s Water Reclamation Facility (WRF) lies within the Kaweah Basin of the Tulare Lake Basin. The beneficial uses of underlying groundwater as set forth in the Basin Plan are: municipal and domestic supply (MUN); agricultural supply (AGR); industrial service supply (IND); industrial process supply (PRO); water contact recreation (REC-1); and non-contact water recreation (REC-2). To protect these beneficial uses the Basin Plan establishes narrative WQOs for chemical constituents, tastes and odors, and t oxicity in groundwater. It also prescribes a numeric WQO for total coliform organisms. The designation of the groundwater as MUN requires that chemical constituents in the groundwater basin must at least meet the maximum contaminant levels (MCLs) established under California Code of Regulations , Title 22 (Title 22) for potable use.

There has been recognition for many years that one of the biggest challenges facing the Tulare Lake Basin is the increase in salinity in groundwater. The Basin Plan establishes several salt management requirements, including: controlling incremental salt increases; establishing maximum limits on electrical conductivity (EC), chloride and boron; and requiring monitoring of groundwater to assess quality. The City monitors groundwater quality through a network of 18 monitoring wells in both the upper and lower aquifers.

The Central Valley RWQCB is developing Basin Plan amendments to incorporate new programs for addressing ongoing salt and nitrate accumulation in the Central Valley. These programs would change how the RWQCB issues permits for discharges of salt and nitrate. The stakeholder-led Central Valley Salinity Alternatives for Long-Term Sustainability (CV-SALTS) initiative has been coordinating efforts to implement new salt and nitrate management strategies.

The City is located in the Kaweah Management Zone, which is a Priority 1 (highest priority) basin for the Nitrate Control Plan from CV-SALTS, as shown in Figure 2.1. CV-SALTS is a regional program that aims to reduce salt and nutrient accumulation in the Central Valley basin to protect sources of groundwater used for drinking water and reduce impacts to agricultural land and habitats. To address these impacts, a Nitrate Program and a Salts Control Program have been established.

The Nitrate Control Program applies to land discharges only. Two regulatory pathways are available to dischargers for the Nitrate Control Program under CV-SALTS: individual permitting (Pathway A) or joining a management zone (Pathway B). Since the City is in a Priority 1 management zone and received a Notice to Comply in 2020, it chose Pathway B, joining a management zone project.

For the Salts Control Program, a similar structure was implemented with a Conservative Permitting Pathway (individual permit) or an Alternative Permitting Pathway (participate in the Prioritization and Optimization [P&O] Study). The City is participating in the P&O study. The plan is currently on Phase 1:

P&O Study, which started in late 2019 and will last about 10 to 12 years. 71 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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Figure 2.1 Central Valley Salt and Nutrient Management Plan (CV-SALTS) Nitrate Management Zones Map

2.2.1.2 Current Regulations
The City is currently regulated by WDRs Order No. R5-2018-0046 for land discharges. The City previously had an NPDES permit for surface water discharges to Mill Creek, but this discharge point is no longer used. In 2017 the City upgraded its WRF to a membrane bioreactor (MBR) and ultraviolet (UV) disinfection facility that can produce tertiary treated effluent. The City’s WDRs were updated to account for the higher 72 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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level of treatment, with new limits that are performance based (used to ensure the WRF is operated correctly and able to meet tertiary standards). The upgrade of the WRF also provided a facility that both nitrifies and denitrifies, thereby producing an effluent that can meet the Basin Plan standards for nitrogen and nitrate. The process flow diagram for the upgraded treatment facility is shown in Figure 2.2.

Figure 2.2 The City’s WRF Treatment Process
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Table 2.1 presents the discharge effluent limitations the WRF must meet per Order No. R5-2018-0046 as well as how the WRF is actually performing. As shown in Table 2.1, the new WRF is performing well and based on data collected between January 2018 and March 2023, meeting all monthly average requirements. During the same time period, the daily maximum values have been exceeded three times, twice for biochemical oxygen demand (BOD) in 2022 and once for Total Coliform in 2020. In general, the WRF produces high quality effluent.

Table 2.1 Effluent Limitations and Actual Concentrations Constituent Units Special Condition Monthly Average Daily Maximum Permit Limit Permit Limit Effluent Data Permit Limit Effluent Data BOD mg/L --- 10 3.3(1) 20 23(2)(7)
TSS mg/L --- 10 1.3(1) 20 16(2)
Total Nitrogen (as N) mg/L --- 10 5.4(1) --- 18(2)
Chloride mg/L --- 175 56(3) --- 97(4)
Boron mg/L --- 1 0.20(3) --- 0.28(4)
EC(5) µmhos/cm 1,000 max. --- 510(3) --- 780(4)
Total Coliform MPN/100 mL 2.2 – 7-day median 23 in 30-day period
<2.0(1) 240 1,600(2)
Turbidity NTU 0.2 as daily average(6) --- 0.03(3) 0.5 at any time 0.40(4) Notes:
max. - maximum; mg/L - milligrams per liter; MPN/100 mL - most probable number per 100 milliliters; NTU - nephelometric turbidity units; TSS - total suspended solids; µmhos/cm - micromhos per centimeter. (1) Data represents the average monthly average from January 1, 2018, to May 31, 2023. (2) This represents the maximum concentration reached during the January 2018 to May 2023 period. (3) Data represents the average monthly average from January 1, 2020, to December 31, 2023. (4) This represents the maximum concentration reached during the January 2020 to December 2023 period. (5) The 12-month rolling average EC of the discharge shall not exceed the 12-month flow-weighted average EC of the source water plus 500 µmhos/cm or a maximum of 1,000 µmhos/cm, whichever is more stringent. When source water is from more than one source, the EC shall be a flow-weighted average of all sources.
(6) For 95 percent of the time.
(7) The second highest exceedance was 22 mg/L.

The WDRs also requires that the WRF shall not contribute to the groundwater exceeding the greater of natural background quality or Nitrate (as N) of 10 mg/L, Total Coliform Organisms of 7 -day median of

2.2 MPN/100 mL or any primary or secondary MCLs established in Title 22.

Recent groundwater quality was obtained from California Integrated Water Quality System (CIWQS) for October 2018-October 2023. Table 2.2 presents representative samples of groundwater data from wells downstream of the percolation ponds. In general, this data demonstrates that the WRF’s effluent is not degrading the groundwater quality with most constituents under or right around the WDR lim its.

Furthermore, some background wells farther away from the percolation ponds actually had worse water quality than those wells near the percolation ponds, reinforcing that the WRF’s discharge does not adversely impact groundwater quality. See Figure 2.3 for the discharge areas and monitoring well locations.
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Table 2.2 Recent Groundwater Quality(1)
Parameter Unit Limit Monitoring Well Concentrations(2)
MW-R MW-J1 MW-J2 MW-J3 MW-Q MW-P
Chloride mg/L 175(3) 63.5 33.8 72.7 9.3 36.3 56.8
Depth to Groundwater feet --- 101.4 100.7 109.6 168.0 103.5 102.7 EC at 25 deg. C µmhos/cm 1,000(3) 791.7 390.0 666.7 128.3 510.0 683.3 Groundwater Elevation ft --- 184.0 178.6 169.6 111.2 163.2 163.7 Nitrate, Total (as N) mg/L 10(3) 10.0 4.7 8.3 0.3 1.7 2.8 Nitrogen, Total (as N) mg/L 10(3) 11.4 5.6 9.6 2.5 2.4 5.4 Sulfate, Total (as SO4) mg/L 250(4)-500(5) 35.5 26.0 35.8 5.1 30.2 53.3 TDS mg/L 500(4)-1,000(5) 510.0 285.0 408.3 131.0 321.7 450.0 Notes:

C - Celsius; deg. - degrees; ft - feet; MW - monitoring well; TDS - total dissolved solids. (1) Groundwater monitoring data was obtained from CIWQS. This data includes the following sampling periods: October 2018, April 2019, October 2019, April 2020, October 2020, and October 2023. Not every well was sampled for each sampling period. (2) Concentrations are the average of samples that were included in the dataset. (3) The City’s WDR limit.
(4) Title 22 recommended secondary MCL.
(5) Title 22 upper secondary MCL.

Figure 2.3 Areas of Discharge and Monitoring Well Locations 75 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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The WDR establishes two categories of effluent and recycled water that the WRF will produce and discharge: Type 1 (disinfected tertiary-treated recycled water) and Type 2 (undisinfected secondary- treated recycled water). The City is only allowed to produce and discharge Type 2 effluent in the event of a malfunction or planned maintenance of the UV disinfection system. If a Type 2 discharge occurs, the City must inform the Central Valley Water Board staff within 24 hours, and the duration of a Type 2 dischar ge is limited to the time required to respond to any malfunction or planned maintenance.

The City is allowed to discharge to City-owned ponds and lands and nearby contracted lands. Recycled water uses include City-owned farmland, irrigation via Tulare Irrigation District, and for local landscape irrigation within the City. Approved uses are shown in Table 2.3, and discharge areas are shown above in Figure 2.3.

Table 2.3 Approved Discharge Locations
Description Acreage/Storage Approved Effluent Type
City farmland 996 acres Type 1 or 2(1)(2)
On-site Pond 2 84 acre-feet Type 1 or 2(1)
On-site Pond 3 304 acre-feet Type 1 or 2(1)
City-owned Basin No. 4 1,287 acre-feet Type 1 or 2(1)
Potential contracted land 2,525 acres Type 1 or 2(1)
TID 10,700 acres Type 1
City-owned farmland near the airport 664 acres Type 1
Landscape Reuse 253 acres Type 1
Notes:

TID - Tulare Irrigation District.
(1) Type 2 undisinfected secondary effluent is only allowed to be discharged in the event of malfunction or planned maintenance. (2) Type 2 discharge can only be applied to 250 acres of City-owned land (fiber and fodder) previously authorized by WDRs Order R5-2014-0076 and 168 acres of City-owned land (fiber and fodder) previously authorized by WQ 2016-0068-R5001.

2.2.2 Future Regulations for Land Discharges
Since the City is located in the Central Valley, it is subject to the requirements of the CV-SALTS program.

CV-SALTS’ primary focus is on the impact of salinity and nitrate levels in the groundwater basins. The WRF’s new MBR treatment process allows the City to meet the nitrate and total nitrogen requirements.

The City will need to continue to evaluate options for managing salts through consideration of source waters that are low in salts, pretreatment and source control efforts, and potentially salt removal facilities in the future.

Additionally, because the groundwater basin is a drinking water source, all MCLs apply to the groundwater. It will be important for the City to monitor both the effluent and the groundwater to assess if the effluent is contributing to exceedances of MCLs in the groundwater basin. As more constituents of emerging concern (such as per- and polyfluoroalkyl substances [PFAS] compounds) are regulated by MCLs, it is possible that the City’s effluent could be a source of contamination to the groundwater basin.

Compliance with any MCL should be in the groundwater, down gradient of the land disposal areas, and incorporating groundwater mixing. However, source control and/or treatment to remove emerging contaminants in the final effluent waste stream may be required in the future. See Section 2.3.3.1 for a discussion on PFAS.
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2.3 Recycled Water Regulations
At the federal level, the EPA developed the 2012 Guidelines for Water Reuse to provide national guidance on water reuse regulations and practices in order to facilitate further development of water reuse and to support states, tribes, and other authorities in their development of water reuse guidelines and regulations. Water reuse in California falls under the jurisdiction of the SWRCB. Within the SWRCB, DDW is responsible for protecting public health, and RWQCBs are responsible for protecting the environme nt with respect to water. Title 22 codifies criteria developed by DDW for non-potable uses and potable uses of recycled water.

2.3.1 Non-Potable Reuse Regulations and Current Permit
The City is currently enrolled under Water Quality Order WQ 2016-0068-DDW, Water Reclamation Requirements for Recycled Water Use (hereafter, General Order). In June 2016, the SWRCB adopted the General Order to consistently regulate the use of recycled water for non-potable uses. Under the City’s Notice of Applicability (NOA) for the General Order, the City is the Recycled Water Program Administrator and is allowed to distribute recycled water and operate a recycled water program. Section 2.2.1.2 above discusses the types (Type 1 and Type 2) of recycled water discharge and where these discharges are approved (see Table 2.3 above).

Additionally, the City and TID have an exchange agreement in which for every two units of recycled water the City gives to TID, TID will send one unit of freshwater to the City for groundwater recharge. In 2018 DDW accepted the final amendment from the 2011 Title 22 Engineering Report.

2.3.2 Potable Reuse Regulations
Title 22 codifies criteria developed by DDW for indirect potable reuse (IPR) of recycled water by groundwater recharge (GWR) and surface water augmentation (SWA) as well as direct potable reuse (DPR).

2.3.2.1 IPR via GWR Regulations
GWR, a form of IPR, has been practiced successfully since the 1970s. Final regulations have been in place for GWR since 2014; although, regulations existed in draft form prior to that for almost 40 years.1 GWR can take two forms: (1) surface spreading which entails percolating tertiary effluent or purified recycled water through spreading basins, and (2) direct injection, which entails injecting purified recycled water directly into an aquifer.

1 SWRCB (2018) Regulations Related to Recycled Water. Sacramento, California. https://www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/documents/lawbook/rwregulations. pdf.
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2.3.2.2 IPR via SWA Regulations
In 2018, DDW finalized its regulations for IPR via SWA. SWA entails augmenting an existing drinking water reservoir with purified water, and later treating that water at a water treatment plant prior to serving it to customers. Regulatory considerations for SWA consider many of the same elements as GWR, but also include new requirements to account for the lack of experience with this type of project and the complexities introduced by the use of a surface water reservoir.

2.3.2.3 DPR Regulations
The EPA has developed regulatory recommendations for DPR on the national level, and New Mexico, Texas, Colorado, and Arizona have developed regulatory guidance for DPR within their respective states.

Regulations for DPR in California were finalized in December of 2023. Prior to that, Assembly Bill 574 was signed into law in October 2017 and required DDW to develop raw water augmentation (RWA ), which adds purified water upstream of a drinking water treatment facility, regulations by December 2023. Since then, DDW published a proposed framework and a second edition framework stating that they intend both RWA and treated water augmentation (TWA), which adds purified water directly into an existing drinking water distribution system, to be regulated under one uniform regulation published in 2023. 2 In August 2021, DDW published Addendum version 8-17-2021 to A Framework for Direct Potable Reuse,3 which provided the second draft of regulations as they might be housed within a new Article under the Surface Water Treatment chapter of Title 22. Expert panel comments and DDW responses were completed in June 2022.4 In February 2023, a meeting with DDW and the DPR working group of WateReuse California established an updated anticipated timeline of release and adoptions of DPR regulations. In June 2023, the updated draft regulations were released with a 45-day public comment period. After review and update, the DDW adopted the regulations in December 2023. DPR regulations will be formally complete after the Office of Administrative Law reviews and publishes them, likely to occ ur in spring of 2024.

The DPR regulations contain extensive requirements for treatment, monitoring, source control, reporting, and more. The framework remains similar to what has been promulgated for IPR, i.e., GWR and SWA, but many of the requirements have been made more stringent, and new elements have been introduced. The key elements of the regulations are defined below, with a comparison summary of GWR, SWA, and DPR regulations in Table 2.4. With these regulations in place, DPR could be viable option for the City. In order to see if DPR is beneficial to the City, further analysis is required.

2 SWRCB (2019a). A Proposed Framework for Regulating Direct Potable Reuse in California, Second Edition. Prepared by the State of California Water Resources Control Board DDW, August 2019. 3 SWRCB (2021). A Proposed Framework for Regulating Direct Potable Reuse in California, 2nd Edition Addendum: Early Draft of Anticipated Criteria. August 17, 2021. 4 SWRCB (2022). DDW Response to “Expert Panel Preliminary Findings, Recommendations, and Comments on the Draft DPR Criteria (dated August 17, 2021)” in the Memorandum of Findings Submitted by NWRI dated March 14, 2022. June 2022.
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2.3.3 Future Requirements
In summary, regulations are now established for all forms of non-potable and potable reuse. The City is already in compliance with requirements under Title 22 for non-potable reuse. As summarized in Table 2.4, the requirements for potable reuse are extensive and high levels of treatment are required.

Given that the State is requiring reverse osmosis as part of the purification process required for potable reuse, the disposal of the waste product (reverse osmosis concentrate) would be problematic for the City given the lack of an ocean outfall or a way to deal with the salty waste. There are also significant technical, managerial, and financial requirements for implementing DPR that would be hard to achieve for a smaller utility. At this point, it is mainly larger utilities that are seriously considering DPR.

The main concern for future requirements for reuse is related to emerging contaminants. 79 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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Table 2.4 Summary Comparison of Key Regulatory Requirements for GWR, SWA, and DPR GWR SWA DPR – TWA or RWA
Project Structure and
Interagency Coordination
 Main entity is project sponsor.  Involves both a WWTP and a public water system.  Joint Plan required.
 DiPRRA is the public water agency responsible for project.  Joint Plan required.

Source Control Requires industrial pretreatment and pollutant source control program including:
 Assessment of the fate of site-specific chemicals through the wastewater and recycled water treatment systems.
 Monitoring and investigation of chemical sources.
 Outreach program to minimize discharge of chemicals into the feed water.

Requires industrial pretreatment and pollutant source control program including:
 Assessment of the fate of site-specific chemicals through the wastewater and recycled water treatment systems.
 Monitoring and investigation of chemical sources.
 Outreach program to minimize discharge of chemicals into the feed water.  Requires ESCP.
 All elements of source control as needed for IPR.
 Quantitative evaluation of chemicals discharged to collection system.  Online monitoring that may indicate a chemical peak resulting from an illicit discharge.  Coordination with the pretreatment program for notification of discharges above allowable limits .  Monitoring of local surveillance programs to determine when community outbreaks of disease occur .  Form a source control committee and institute a continuous improvement process for the program.

Feed Water Monitoring None. None.  Prior to operation, 24 months of monthly feed water monitoring for regulated contaminants (i.e., those with an MCL), priority pollutants, NLs, a specific list of solvents, DBPs, and DBP precursors.

Pathogen Control
(required log reduction
credits)
 12-log enteric virus.
 10-log Giardia.
 10-log Cryptosporidium.
 12 to 14-log enteric virus.
 10 to 12-log Giardia.
 10 to 12-log Cryptosporidium.
 20-log enteric virus.
 14-log Giardia.
 15-log Cryptosporidium.

Treatment Train  RO + UV/AOP required.  RO + UV/AOP required.  Ozone/BAC + RO + UV/AOP required in this order.  Alternatives clause is included stating that an alternative treatment train may be allowed if written approval is received from the SWRCB, the DiPRRA conducts public meetings and receives public comments, and the proposed train is reviewed by an IAP.

Chemical Control  Maximum recycled water TOC contribution of 0.5 mg/L.  Must meet all current drinking water standards, including MCLs, DBPs, and ALs. Quarterly monitoring.
 Maximum recycled water TOC contribution of 0.5 mg/L.
 Must meet all current drinking water standards, including MCLs, DBPs, and ALs.

Quarterly monitoring.
 Must consist of at least three separate treatment processes, using diverse treatment mechanisms, for chemical reduction.
 Maximum effluent TOC contribution of 0.5 mg/L; additional more stringent TOC thresholds with response actions.
 Must meet all current drinking water standards, including MCLs, DBPs, and A ls. Monthly monitoring.  Control of 1-hour chemical spike.
 Continuous monitoring of nitrate and nitrite in RO permeate.

Additional Monitoring  Quarterly sampling in recycled water and downgradient groundwater wells for priority pollutants, unregulated
chemicals, and NLs.
 Quarterly sampling in recycled water for priority pollutants, unregulated chemicals, and NLs.
 24 months of monthly sampling for sMCLs, TOC, nitrogen, and others at multiple locations in reservoir to be augmented. Additional monthly monitoring for at least the first 24 months of operations.

Monitoring required in feed water, directly after oxidation process, and finished water for:
 Monthly: All MCLs, sMCLs, NLs, priority toxic pollutants, ALs, DBPs and DBP precursors, and specified solvents.
 Quarterly: Chemicals known to cause cancer or reproductive issues for at least three years.  Weekly monitoring of nitrate, nitrite, perchlorate, and lead in the finished water only.  Additional quarterly monitoring for chemicals identified by the DiPRRA in coordination with the SWRCB.

Environmental Buffer  Minimum aquifer retention time of 2 months.  Initial minimum reservoir hydraulic retention time of 6 months; potential to reduce down to 2 months with additional pathogen control.
 Initial minimum reservoir dilution of 10:1, one LRV of pathogen treatment added if dilution is <100:1.
 Additional 2 log reduction credit for continuous blending, continuous mixing in a surface reservoir, and GWR.

Response Time  Minimum aquifer retention time of 2 months None.  The system must be designed to meet certain response time requirements to ensure that diversion and/or shutoff can occur in the event of a failure to meet the pathogen and/or chemical control requirements.  If failure is identified, the system must divert or shut off before 10 percent of the off -spec water reaches the diversion or shutoff point.

Operations None. None.  Grade 5 AWTO required on site at all times, with some exceptions for remote operations allowed.  All facility operators must be AWTO certified.

Plans  Engineering Report.
 Operations Optimization Plan.
 Joint Plan.
 Engineering Report.
 Operations Plan.
 Plan to address impacts to water treatment plant and distribution system .  Joint Plan.
 Water Safety Plan.
 Engineering Report.
 Operations Plan.
 Pathogen and Chemical Control Point Monitoring and Response Plan.  Monitoring Plan.
 Corrosion Control and Stabilization Plan.
 Additional Reporting (climate change).

Reporting  Annual compliance reporting.  Annual compliance reporting.  Monthly compliance reporting.

Notes:

AL - action level; AOP - advanced oxidation process; AWTO - advanced water treatment operator; BAC - biological activated carbon; DBP - disinfection byproduct; DiPRRA - direct potable reuse responsible agency; ESCP - enhanced source control program; IAP - Independent Advisory Panel; LRV - log removal value; NL - notification level; RO - reverse osmosis; sMCL - secondary maximum contaminant level; TOC - total organic carbon; WWTP - wastewater treatment plant. 80 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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2.3.3.1 PFAS
DDW has issued NLs and Response Levels (RLs) for perfluorobutanesulfonic acid (PFBS), perfluorooctanoic acid (PFOA), perfluorooctane sulfonate (PFOS), and perfluorohexane sulfonate (PFHxS). The Office of Environmental Health Hazard Assessment released a first and second draft of Public Health Goals (PHGs) for PFOA and PFOS in July 2021 and July 2023, respectively. Establishing a PHG is the first step towards adopting drinking water MCLs. The PFOS and PFOA MCL rulemaking process began in 2023 with adoption of final MCLs anticipated in 2025. The MCLs would apply to discharges to receiving waters with the MUN or GWR beneficial use.

The current California drinking water advisory values are presented in Table 2.5.

Table 2.5 California PFAS Drinking Water Advisory Values Compound NL (issued) RL (issued) PHG (proposed)
PFOA 5.1 ng/L 10.0 ng/L 0.007 ng/L (cancer health protection) PFOS 6.5 ng/L 40 ng/L 1.0 ng/L (cancer health protection) PFBS 500 ng/L 5,000 ng/L --
PFHxS 3 ng/L 20 ng/L --
Notes:
ng/L - nanograms per liter.

The Safe Drinking Water Act (SDWA) authorizes the EPA to issue Health Advisories (H A) for contaminants that are not subject to National Primary Drinking Water Regulations. HAs primarily serve as information to drinking water systems and officials responsible for protecting public health when emergency spills or other contamination situations occur. The EPA has issued interim updated drinking water H As for PFOA and PFOS and final HAs for PFBS and hexafluoropropylene oxide dimer acid (HFPO-DA [GenX]). In chemical and product manufacturing, GenX chemicals are considered a replacement for PFOA and PFBS is considered a replacement for PFOS.

On March 14, 2023, the EPA released proposed PFAS National Primary Drinking Water Regulations. The proposed regulations establish legally enforceable MCLs and non-enforceable health-based maximum contaminant level goals (MCLG) for six PFAS compounds (PFOA, PFOS, perfluorononanoic acid [PFNA], PFBS, GenX, and PFHxS) as well as monitoring, public notification, and treatment requirements. The proposed regulations were published in the Federal Register on March 29, 2023, and the 60-day public comment period ended on May 30, 2023. The EPA will now consider the comments received and finalize the regulations. When final, the regulatory requirements will be implemented under the authority of the SDWA and applied to operation of public drinking water systems nationwide. It is anticipated that DDW and the Regional Water Board will incorporate the requirements for operation of facilities that produce recycled water for potable purposes. The proposed MCLs and MCLGs are shown in Table 2.6. The individual MCLs are based on concentrations that can be reliably measured using EPA Draft Method 1633.

Compliance with the Hazard index will be determined by dividing the result of each PFAS compound by its assigned Health Based Factor and calculating the sum of the resulting fractions. 81 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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Table 2.6 EPA Proposed MCLs and MCLGs
Compound Proposed MCLG Proposed MCL
PFOA 0.0 ng/L 4.0 ng/L
PFOS 0.0 ng/L 4.0 ng/L
PFNA (health based factor = 10 ng/L) 1.0 (unitless)
Hazard Index PFHxS (health based factor = 9 ng/L)
PFBS (health based factor = 2,000 ng/L)
HFPO-DA/GenX (health based factor = 10 ng/L)

2.4 Wastewater and Recycled Water Strategic Plan
Recommendations
There is a range of strategies that may be employed for addressing regulatory concerns. Source control, scientific evidence, state and national regulatory advocacy, permit changes, and treatment optimization/upgrades are all options available for preparing and responding to regulatory compliance challenges. Participation in policy development and pilot studies may provide regulatory relief for specific constituents based on scientific evidence and development of information for improved decision-making by regulators. The possible response strategies are described within the following categories:
 Source Control – Monitoring collection systems, identifying and eliminating pollutant sources, establishing local limits, revising sewer use ordinances, working with manufacturers on product reformulation, and supporting/enacting product bans.
 Regulatory Advocacy – Development of policies and regulations to provide attainable regulatory solutions that are also protective of the environment and public health.  Permit Changes – Conducting scientific studies to evaluate impacts of discharges on the environment, developing site specific objectives, conducting mixing zone/dilution studies, modeling groundwater travel times and flow directions, and conducting antidegradation analyses to allow use of available assimilative capacity.
 Treatment – Optimization of existing facilities, modification of existing facilities, or additional treatment to reduce or remove constituents to comply with effluent limitations.

The compliance concerns and recommended strategies to address them are presented in Table 2.7. The City should continue to participate in CV-SALTS and track the development of MCLs that could be applied to groundwater discharges.

Table 2.7 Summary of Regulatory Concerns and Potential Strategies End Use Regulatory Concerns Potential Strategies to Address Concerns Land Discharge Nitrate and Total Nitrogen Permit Changes, Treatment Salinity Source Control, Permit Changes, Treatment
MCLs Source Control, Regulatory Advocacy, Permit Changes, Treatment Potable Reuse PFAS Source Control, Regulatory Advocacy, Treatment through purification 82 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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2.5 Biosolids Regulations

2.5.1 Introduction
The WRF processes primary solids and thickened waste activated sludge in mesophilic anaerobic digesters. The digested biosolids are then dewatered in screw presses and dried in drying beds. Based on the 2020 to 2023 data, typical solids concentrations are 16 percent total solids (TS) for the dewatered biosolids and 81 to 90 percent TS for the dried biosolids. After drying, the solids are stored in a stockpile.

The City contracts with a third party, Denali, for hauling and beneficial use of the dried biosolids via bulk agricultural land application in Merced and Madera counties. The City occasionally landfills their biosolids.

This section describes current and potential future regulatory requirements pertaining to solids treatment and biosolids end use. It also provides an adaptable plan for the City to address possible future regulatory requirements.

2.5.2 Regulatory Review

2.5.2.1 Current Federal Regulations
40 CFR Part 503: Standards for the Use or Disposal of Sewage Sludge At the federal level, 40 CFR Part 503 governs the use or disposal of sewage sludge. The rule establishes biosolids quality standards based on three parameters: pathogen reduction, vector attraction reduction, and pollutant (metals) concentrations. Depending on the pathogen reduction process, biosolids are categorized as Class A or Class B. 40 CFR Part 503 also provides guidance on best practices for land application of biosolids, specifies site restrictions for each type of biosolids, and sets the requireme nts for monitoring, recordkeeping, and reporting.

Per 40 CFR Part 503, mesophilic anaerobic digestion and air drying are both classified as Processes to Significantly Reduce Pathogens (PSRP), both of which produce Class B biosolids.

To produce Class B biosolids using mesophilic anaerobic digestion, the following conditions must be met:
 To achieve the pathogen reduction requirement, solids must be digested at mesophilic temperature for a minimum of 15 days.
 To achieve the vector attraction reduction requirement, a minimum volatiles solids reduction of 38 percent must be achieved through the anaerobic digestion process.

To produce Class B biosolids using air drying, the following conditions must be met:
 To achieve the pathogen reduction requirement, solids must be dried for a minimum of three months with the average daily ambient temperature above 0 deg. C (32 deg. Fahrenheit [F]) for two of the three months.
 To achieve the vector attraction reduction requirement, digested solids must be dried to at least 75 percent TS and undigested solids must be dried to at least 90 percent TS. 83 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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The City currently meets the requirements for Class B biosolids through both anaerobic digestion and air drying. The anaerobically digested solids, prior to air drying, qualify as Class B. The air-dried solids, given that their solids content is over 75 percent TS, also qualify as Class B. However, if the City did not digest their solids upstream of air drying, a solids content of at least 90 percent TS would be required, which may be difficult to achieve based on historical performance data.

Some air-drying facilities obtain Class A designation by conducting ongoing testing of fecal pathogens.

The City tested their dried biosolids stockpiles in 2021 and 2022 for pathogens and found that the pathogen concentrations met the limits required to be classified as Class A.

The City regularly measures pollutant (metal) concentrations in their dried biosolids stockpiles. 40 CFR Part 503 requires that biosolids used for bulk agricultural application have pollutant concentrations below the ceiling concentration limits in Table 1 of 503.13. Table 2.8 lists the historical pollutant concentrations measured in the City’s dried biosolids relative to the ceiling concentration limits. As shown, the City’s historical pollutant concentration limits are far below the ceiling concentration limits.

Table 2.8 Biosolids Pollutant (Metal) Concentrations and Limits Pollutant Units Ceiling
Concentration(1)
Sep 2023 May 2023 Mar 2023 Jan 2023 Oct 2022
Arsenic mg/kg dry 75 <4.4 <0.85 <9.9 6 3.9
Cadmium mg/kg dry 85 <0.43 <0.083 0.39 <0.98 Non detect Copper mg/kg dry 4,300 181 130 167 156 248
Lead mg/kg dry 840 30 17 23 19 54
Mercury mg/kg dry 57 0.42 0.4 0.39 0.61 1
Molybdenum mg/kg dry 75 10 7.3 8.2 9 11
Nickel mg/kg dry 420 17 15 18 15 18
Selenium mg/kg dry 100 3.5 6.9 5.7 <14 1.5
Zinc mg/kg dry 7,500 691 499 586 584 778
Notes:
mg/kg dry – milligram of pollutant per kilogram of solids (dry basis). (1) Ceiling Concentration limits from 40 CFR Part 503.13 Table 1. 40 CFR Part 258 Criteria for Municipal Solid Waste Landfills When the City occasionally landfills their biosolids, they must also comply with the criteria established in 40 CFR Part 258, which governs the disposal of sewage sludge classified as solid waste. The main requirement for landfilling of sludge is that it must meet the Paint Filter Liquids Test (EPA Method 9095A) and the Toxicity Characterization Leaching Procedure (TCLP) test. The paint filter test determines the presence of free liquids in a sample. Dried biosolids, such as in the case of the City's biosolids, typically pass this test. The TCLP determines whether the sewage sludge is hazardous. 84 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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2.5.2.2 Current State of California Regulations
SWRCB’s General Order
At the State level, beneficial use of biosolids is primarily regulated by the SWRCB Division of Water Quality (DWQ) and RWQCBs through the SWRCB's General Order No. 2004-12-DWQ. The Biosolids General Order goes beyond the requirements of 40 CFR Part 503 for land application of Class B biosolids by requiring additional biosolids testing, soil testing, and groundwater sampling.

The SWRCB and the RWQCBs generally recognize that Class A, Exceptional Quality biosolids products such as heat dried pellets, compost, and liquid product from thermo-chemical hydrolysis are commercial products and their use is not regulated by the SWRCB. In these cases, the California Department of Food and Agriculture has the authority to license these products as fertilizers.

Notably for the City, the General Order prohibits land application of biosolids with solids concentrations greater than 50 percent. However, this limitation can be overcome by obtaining a WDR permit instead of a permit under the General Order.

Senate Bill 1383
Senate Bill (SB) 1383 is expected to be a strong driver to land apply rather than landfill biosolids. SB 1383 requires the reduction of short-lived climate pollutants (including methane) to achieve statewide greenhouse gas reduction targets by 2030. To do this, it requires 50 percent diversion of organic waste (including sludge, digestate, and biosolids) from landfills by 2020 relative to 2014 levels and 75 percent diversion by January 1, 2025. As of January 1, 2022, use of biosolids as alternative daily cover at landfills is considered disposal. In addition, to promote the beneficial use of biosolids, SB 1383 allows CalRecycle to overturn counties’ overly restrictive biosolids ordinances.

Assembly Bill 901
Assembly Bill (AB) 901 requires increased biosolids recycling and disposal reporting requirements as of Spring 2019. AB 901 requires increased tracking and reporting of organic waste recycling and disposal (including sludge, biosolids, and digestate). Waste, recycling, and compost facilities, as well as exporters, brokers, and transporters of recyclables or compost are required to submit information directly to CalRecycle on the types, quantities, and destinations of materials that are disposed of, sold, or transferred inside or outside of the state.

2.5.2.3 Current Local Regulations
County Ordinances
While regulations at the federal and state level allow land application of Class B biosolids; at the county level, many counties in California have instituted land application ordinances that limit land application of Class B biosolids. As shown in Figure 2.4, Class B land application is banned in Tulare county, where Visalia is located, as well as most of the surrounding counties, including Fresno, Kings, Kern, and San Luis Obispo.

This leads to long hauling distances and correspondingly costly hauling rates since Class B biosolids need to be hauled to far-away counties for beneficial use. The City currently land applies their biosolids in Merced and Madera counties. CalRecycle is currently in the process of reaching out to Tulare, Sutter, 85 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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Stanislaus, and San Joaquin counties in an attempt to change their overly restrictive ordinances. Of relevance to the City, these negotiations may lead to Class B land application being allowed in Tulare County in the future.

Figure 2.4 County Land Application Ordinances in California

CV-SALTS
As mentioned above, the City is located in a Priority 1 (highest priority) area of CV -SALTS, a regional program that aims to reduce salt and nitrogen accumulation in the Central Valley basin. Refer to Section 2.2.1.1 – Basin Plan Requirements and CV-SALTS above for more information on this program.

Depending on the findings from the nitrate and salts control programs, described above , salt and nutrient management restrictions may apply which may limit land application of biosolids, since biosolids contain salts and nutrients.

Visalia
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2.5.2.4 Future Regulatory Considerations
At the federal level, biosolids regulations are well established. In contrast, several recently implemented and anticipated state regulations may impact the future of biosolids land application in California, with some regulatory drivers potentially promoting land application and others potentially limiting land application.

The following recently implemented state-level regulations may promote biosolids land application:
 SB 1383 (2016, effective 2022):
» Expected to incentivize co-digestion of organics at water resource recovery facilities (WRRF) and beneficial use of biosolids and biogas.
» Expected to increase competition for anaerobic digestion and composting capacity. » May overturn overly restrictive county ordinances.
 Several climate initiatives may promote land application for its fertilizer offset and carbon sequestration benefits:
» Healthy Soils Initiative (2016).
» Executive Order N-82-20 (2020).
» AB 284 (2021).
» SB 27 (2021).

The following expected future federal and local limits on emerging contaminants may hinder biosolids land application:
 Potential limits on PFAS:
» The SWRCB recently issued an order (WQ 2020-0015-DWQ) that requires wastewater treatment plants with AWDF over 5 million gallons per day (mgd) to sample 31 PFAS analytes in biosolids starting March 2023. Limits may be set based on findings from SWRCB sampling and analysis. » If stringent PFAS concentration limits are established for biosolids, this could drive wastewater agencies to either landfill biosolids or implement emerging, advanced thermal technologies, such as gasification and pyrolysis (if proven to remove/destroy PFAS compounds).  Potential limits on microplastics:
» SB 1263 mandates a Statewide Microplastics Strategy to protect coastal waters. » May require testing (although there are no standard methods for biosolids to date). » Limits may be established based on the findings from the testing.

2.5.3 Biosolids Strategic Plan Recommendations
The WRF stabilizes their solids through anaerobic digestion and air drying. The solids produced are classified as Class B. However, recent pathogen testing indicates the solids’ pathogen concentrations meet the requirements to be classified as Class A. In most cases, the dried biosolids are beneficially used through bulk agricultural land application in Merced and Madera counties. Occasionally, the biosolids are landfilled.

The WRF is in Tulare County, where Class B biosolids land application is currently banned, requiring hauling to farther counties. In addition, the City is facing increased third party biosolids hauling and end - use rates. CalRecycle, through SB 1383, is currently attempting to overturn the Class B biosolids ban in Tulare county. If they achieve that, the City may benefit from evaluating local biosolids beneficial use options, which would reduce their hauling costs. In addition, the City may consider further testing their 87 TECHNICAL MEMORANDUM 2 – REGULATORY REVIEW AND STRATEGIC PLAN JUNE 2024 / FINAL / CAROLLO

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biosolids to determine if they can reliably meet Class A through pathogen testing and attempt to obtain Class A designation for their biosolids. Class A designation would allow the City to beneficially use their biosolids locally, even if the Class B ban remains, and would expand the potential beneficial use options beyond bulk agricultural land application. Class A biosolids can be used in bulk agricultural land application for any type of crop and in commercial and residential landscaping, parks, nurserie s, golf courses, etc.

As described in TM 3 – Environmental Opportunities in the Facility Plan, the high-level cost evaluation for Class A solids processing alternatives identified that advanced digestion alternative s, such as thermal hydrolysis process (THP) and batch temperature phased anaerobic digestion (TPAD) , may be cost- competitive relative to an expansion of conventional mesophilic digestion, while providing additional benefits including production of Class A biosolids, reduced solids quantities, and increased biogas production. These alternatives could be evaluated further later in a biosolids master plan.

The evaluation in TM 3 – Environmental Opportunities in the Facility Plan also identified that technologies with the potential to treat PFAS in biosolids, such as pyrolysis and gasification, have very high capital costs and are cost prohibitive. Thus, these technologies should only be considered if potential future PFAS limits require them. Gasification and pyrolysis usually follow thermal drying of solids; however, the City could investigate whether these processes can receive air-dried biosolids, which may result in substantial cost savings. Alternatively, the City could investigate regional partnerships for processing biosolids through an advanced thermal process, given these technologies benefit from economies of scale.

Given the myriad of potential future regulatory changes that may impact the City’s future biosolids management, Carollo recommends conducting a biosolids master plan to do a more detailed analysis of solids processing and biosolids beneficial use alternatives and develop a plan to adapt to these potential future changes.
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pw://Carollo/CA/Visalia/202132-000000/03 Reports and Studies/02 Deliverables/Master Plan/TM 3 - Existing Facilities/TM03.docx Contents
TM 3 EXISTING FACILITIES

3.1 Introduction 3-1

3.2 Preliminary Treatment 3-4

3.3 Primary Treatment 3-4

3.4 Secondary Treatment 3-4

3.5 Tertiary Treatment 3-5

3.6 Water Distribution Systems 3-5

3.6.1 Recycled Water Distribution System 3-5

3.6.2 Plant Water Distribution System 3-6

3.7 Solids Handling 3-6

3.8 Digester Gas Treatment 3-6
Tables
Table 3.1 Visalia Water Reclamation Facility Discharge Locations 3-5 Figures
Figure 3.1 Visalia Water Reclamation Facility Current Process Flow Diagram 3-2 Figure 3.2 Existing Site Layout 3-3

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Abbreviations
BOD biochemical oxygen demand
Carollo Carollo Engineers
City City of Visalia
cu ft cubic feet
GBT gravity belt thickener
GCSD Goshen Community Services District
µm micrometers
MBR membrane bioreactor
MG million gallons
mgd million gallons per day
mm millimeter
MW megawatt
No. number
RAS return activated sludge
RPGS Renewable Power Generation System
TID Tulare Irrigation District
TM technical memorandum
TSS total suspended solids
TWAS thickened waste activated sludge
UV ultraviolet
WAS waste activated sludge
WDR Water Discharge Requirements
WRF Water Reclamation Facility

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TM 3 EXISTING FACILITIES

3.1 Introduction
This technical memorandum (TM) summarizes the existing treatment facilities at the Visalia Water Reclamation Facility (WRF). It is important to note that this TM does not contain information on the condition of the existing WRF assets. For discussion of the condition assessment, refer to Facility Plan TM 2.

The WRF provides wastewater services to the City of Visalia (City) and the Goshen Community Services District (GCSD), supplying Title 22 tertiary treated recycled water for irrigation and plant-wide operational reuse purposes. Originally built in 1966, the WRF has undergone multiple expansions and improvements.

The most recent WRF upgrades were completed in 2017. Figure 3.1 illustrates the current process flow diagram, and Figure 3.2 shows the existing WRF site layout. Per the latest Waste Discharge Requirements (WDR) Order (R5-2018-0046), the WRF is permitted a discharge of up to 18 million gallons per day (mgd) for dry weather monthly average daily flow.

The WRF existing facilities are capable of processing and treating liquid wastewater, biosolids, and digester gas streams. Liquid wastewater entering the WRF is treated via preliminary, primary, secondary, and tertiary treatment processes. Solids are collected at various stages of the treatment train and undergo a series of solids handling processes prior to disposal. Gas streams that are generated from within the plant are treated via an onsite gas purification system and flared. The following sections of this TM describe these WRF liquid, solid, and gas treatment processes in greater detail. The descriptions of the existing facilities were obtained from the 2014 WRF Upgrade design drawings and the Operations and Maintenance Manual, which includes latest upgrade project completed in 2017. 93 TECHNICAL MEMORANDUM 3 – EXISTING FACILITIES
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Current Process Flow Diagram was developed using the process flow diagram presented in the Operation and Maintenance Manual for Visalia WRF, which was developed in November 2018 by Parsons.

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Figure 3.2 Existing Site Layout
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3.2 Preliminary Treatment
The WRF preliminary treatment system consists of two Parshall flumes, mechanical bar screens, screenings conveyance, influent pumping, grit removal, and grit conveyance. Raw sewage from a number of influent sources (collection system, septage receiving station, etc.) enters the WRF through the headworks structure where it undergoes screening and grit removal. The wastewater first passes through two Parshall flumes that measure the amount of influent flow entering the WRF. Each Parshall flume has a capacity of 47 mgd. Two mechanical bar screens, each with a capacity of 47 mgd, are used to remove coarse solids, such as rocks, trash, and other large materials. The screened materials are conveyed and transferred to a compactor before disposal.

After screening, the Influent Pumping Station, consisting of six submersible non-clog pumps, lifts the wastewater from the influent wet wells to the grit removal system. The grit removal system includes four vortex grit removal tanks, four grit pumps, and two classifiers. The grit pumps transfer all the settled grit collected from the grit removal tanks to the classifiers before disposal. Additionally, foul air emitted from the headworks structure is collected and delivered to biofilters for gas treatment. The effluent from the grit removal system is conveyed to the primary flow split structure where wastewater continues on to the primary treatment process.

3.3 Primary Treatment
After preliminary treatment, the Primary Flow Split Structure distributes flow to the primary treatment system. The primary treatment system consists of two primary distribution boxes, five rectangular primary sedimentation basins, three primary sludge grinders, four primary sludge pumps (two duty and two standby), two primary scum grinders, and two primary scum pumps. Preliminary effluent is distributed to the primary distribution boxes and primary sedimentation tanks where the heavier solids sink to the bottom of the basins and the lighter solids float. Each basin has a volume of 0.35 million gallons (MG) and is equipped with sludge and scum collection mechanisms. Primary sludge and primary scum are collected, grinded, and pumped to the digesters. The primary sedimentation process removes portions of total suspended solids (TSS), biochemical oxygen demand (BOD), and scum from the wastewater. Without chemical addition, the primary sedimentation basin removal rates for BOD and TSS are typically 30 to 35 percent and 60 to 65 percent, respectively. The primary effluent is conveyed to the Inter-Stage Pump Station and fine screens before secondary treatment.

3.4 Secondary Treatment
Prior to secondary treatment, the Inter-Stage Pump Station pumps the primary effluent from the primary sedimentation basins to the fine screens. This pump station is equipped with a self-cleaning trench-type wet well and three pumps (two duty and one standby) with a firm capacity of 44 mgd. The pumps are required when the plant influent flow exceeds 13 mgd. Downstream of the Inter-Stage Pump Station, the fine screens receive the primary effluent and remove small particles (2 millimeters [mm] in diameter or larger) from the wastewater. Each of the four fine screens is equipped with screenings washing- dewatering-and compact units. This fine screening process prevents damage to the membranes in the membrane bioreactor (MBR) system.

After fine screening, the primary effluent flows to the MBR system, which consists of four aeration basin s and ten membrane tanks. The aeration basins contain three anoxic zones and three oxic zones for 96 TECHNICAL MEMORANDUM 3 – EXISTING FACILITIES
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effective organic and nitrogen removal. Each aeration basin has a volume of 1.15 MG and is equipped with mixers in the anoxic zones and fine bubble diffusers in the oxic zones. For denitrification, four mixed liquor pumps return mixed liquor from the end of the aeration basins back to the first anoxic zone. Each membrane tank has a volume of 53,860 gallons and consists of eight cassettes of vertical hollow fiber membranes. The fiber membrane pores have a nominal size of 0.04 micrometers (µm), effectively removing small solids, protozoa, bacteria, and most viruses. The MBR system produces a high quality permeate that is conveyed to the tertiary treatment process for disinfection.

The accumulated solids from the secondary treatment processes are collected and conveyed via the return activated sludge (RAS) and waste activated sludge (WAS) pumps. The RAS/WAS Pump Station has four RAS pumps and two WAS pumps. RAS is returned to the first oxic zones of the aeration basins , and WAS is pumped to the gravity belt thickeners (GBTs) for solids handling processing.

3.5 Tertiary Treatment
The membrane permeate from the MBR system is sent to the ultraviolet (UV) disinfection system consisting of an influent channel, two UV channels, an effluent channel, box, and sampler. UV radiation inactivates the pathogens and microorganisms in the water to ensure that recycled water Title 22 disinfection requirements are met. The UV system contains twenty duty modules and four standby modules and has an average flow capacity of 18 mgd and a peak flow capacity of 28.8 mgd. The disinfected tertiary recycled water can then be distributed via the Recycled Water Distribution System or the Plant Water Distribution System for water reuse applications.

3.6 Water Distribution Systems

3.6.1 Recycled Water Distribution System
Following disinfection, tertiary effluent recycled water is discharged into the effluent distribution box where water can be stored in regulating ponds, travel to the Basin Number (No.) 4 distribution box, or sent to the Recycled Water Pipeline Pump Station. The two regulating ponds can each hold about 14 MG of recycled water. The Basin No. 4 distribution box can distribute flow to Basin No. 4 and to the Tulare Irrigation District (TID). The Recycled Water Pipeline Pump Station can pump tertiary effluent offsite for multiple water reuse purposes, such as for irrigating agriculture, a golf course, and a park. Table 3.1 lists the Visalia WRF discharge locations.

Table 3.1 Visalia Water Reclamation Facility Discharge Locations Description Acreage/Storage
City farmland 996 acres
On-site Pond 2 84 acre-feet
On-site Pond 3 304 acre-feet
City-owned Basin No. 4 1,287 acre-feet
Potential contracted land 2,525 acres
TID 10,700 acres
City-owned farmland near the airport 664 acres
Landscape Reuse 253 acres
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3.6.2 Plant Water Distribution System
In addition to the Recycled Water Distribution System, the Plant Water Distribution System receives tertiary effluent from the UV disinfection system for water reuse purposes within the WRF. The Plant Water Distribution System consists of a hydropneumatics tank, three plant water pumps, and an air compressor. The hydropneumatic tank has a capacity of 10,000 gallons and stores recycled water until it is used within the plant, such as washdown and operation of screens, basins, tanks, and pumps. The water level in the hydropneumatic tank is controlled by the tank air pressure system.

3.7 Solids Handling
The sludge handling processes include sludge thickening, digestion, dewatering, and drying. WAS from the activated sludge process is thickened by the sludge thickening system, which includes two gravity belt thickeners, two belt washwater pumps, two thickened sludge pumps, and three polymer feed and metering units. Before entering the GBTs, polymer is added into the WAS feed stream to enhance solids retention and produce a more concentrated thickened waste activated sludge (TWAS). The residual water that drains through the gravity belt is collected and recycled back to the headworks for treatment.

Following sludge thickening, TWAS, primary scum, and primary sludge are pumped and distributed to Digesters No. 1 through No. 7 for stabilization. Two pumps in the Sludge Transfer Pump Station transfer the digested sludge from these digesters to Digester No. 8 to complete the digestion process. The anaerobic digesters at the WRF are designed to operate in mesophilic mode and stabilize the solids to a degree more suitable for dewatering and offsite disposal. Each digester has a circular fixed cover and is constructed of reinforced concrete. Digesters No. 1 through No. 7 have a combined capacity of approximately 3.39 MG, and Digester No. 8 has a total capacity of about 2.23 MG. Currently, part of Digester No. 8’s capacity is reserved for 0.55 MG of storage, while the other 1.38 MG is available for digestion. Also, digester gas is produced and treated within the WRF. Ferric chloride is added to the digesters to precipitate hydrogen sulfide and assist with the gas purification system.

After completion of the digestion process, digested sludge is pumped to two screw presses that remove additional water from the sludge and produces a sludge cake optimal for drying and disposal. Polymer is added upstream of the screw presses for flocculation, enhancing the dewaterability of the sludge. The drained water (centrate) is recycled back to the headworks for treatment. Once the digested sludge cake has been dewatered, it is transported to onsite sludge drying beds for additional drying and ultimately disposed by either land application at an approved facility or used as landfill alternative cover.

3.8 Digester Gas Treatment
Digester gas is a byproduct of the anaerobic digestion process and is capable of being used for energy recovery applications. At the WRF, a Renewable Power Generation System (RPGS) was installed to generate electrical power and recover waste heat using a 1 megawatt (MW) internal combustion engine.

However, the City has not been able to use the RPGS due to permitting reasons.

Digester gas is first stored in a 100,000 cubic feet (cu ft) gas holder and then conveyed to the gas treatment system. The gas treatment system, consisting of hydrogen sulfide removal vessels, booster blowers, moisture/particulate filters, siloxane removers, and a fuel blending system, is designed to remove undesired compounds providing a cleaner gas to meet the requirements for the engine generator s. The digester gas is then burned via the waste gas flare system. 98 Water Reclamation Facility - Master Plan
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pw://Carollo/CA/Visalia/202132-000000/03 Reports and Studies/02 Deliverables/Master Plan/TM 4 - Long-Term Project Descriptions/TM04.docx Contents
TM 4 LONG-TERM PROJECT DESCRIPTIONS

4.1 Introduction 4-1

4.2 Membrane Bioreactor Capacity Expansion 4-1

4.2.1 Background 4-1

4.2.2 Basis of Design 4-3

4.2.3 Recommendations 4-3

4.3 UV Disinfection Capacity Expansion 4-3

4.3.1 Background 4-3

4.3.2 Basis of Design 4-4

4.3.3 Alternatives Analysis 4-4

4.3.4 Recommendations 4-4

4.4 Anaerobic Digestion Capacity Expansion 4-5

4.4.1 Background 4-5

4.4.2 Basis of Design 4-5

4.4.3 Alternatives Analysis 4-5

4.4.4 Recommendations 4-7

4.5 Biogas Flare Capacity Expansion 4-8

4.5.1 Background 4-8

4.5.2 Basis of Design 4-8

4.5.3 Recommendations 4-8

4.6 Dewatering Capacity Expansion 4-8

4.6.1 Background 4-8

4.6.2 Basis of Design 4-9

4.6.3 Recommendations 4-9
Tables
Table 4.1 Design Criteria for the Large Digester and Sludge Storage Tank 4-7 Figures
Figure 4.1 Site Layout of Recommended Projects 4-2

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Abbreviations
AADF annual average daily flow
ADMM average daily maximum month
City City of Visalia
ft feet
ft2 square feet
HRT hydraulic retention time
IMLR internal mixed liquor return
lb VS/cf-day pounds of volatile solids per cubic foot per day MBR membrane bioreactor
MCC motor control center
mJ/cm2 millijoules per square centimeter
mg/L milligrams per liter
MG million gallons
mgd million gallons per day
MLSS mixed liquor suspended solids
No. number
PWWF peak wet weather flow
RAS return activated sludge
scfh standard cubic feet per hour
SRT solids retention time
TM technical memorandum
TS total solids
UV ultraviolet
UVT ultraviolet transmittance
VSLR volatile solids loading rate
WRF Water Reclamation Facility

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TM 4 LONG-TERM PROJECT DESCRIPTIONS

4.1 Introduction
This technical memorandum (TM) summarizes projects that are recommended for implementation within the next 20 years based on the capacity analysis summarized in TM 1 – Long-Term Process Performance Evaluation. These long-term projects are required to reliably treat 20-year projected flows and loads. This TM is not a comprehensive overview of all long-term projects that are required at Visalia’s Water Reclamation Facility (WRF).

The long-term projects are:
 Membrane Bioreactor (MBR) Capacity Expansion.
 Ultraviolet (UV) Disinfection Capacity Expansion.
 Anaerobic Digestion Capacity Expansion.
 Biogas Flare Capacity Expansion.
 Dewatering Capacity Expansion.
 Sludge Drying Capacity Expansion.

Long-term projects can be seen on the site plan shown in Figure 4.1. For each project, this TM summarizes the project background and drivers, basis of design, and recommended improvements. Project costs for the recommended projects are summarized in TM 5 – Long-Term Capital Improvement Program.

4.2 Membrane Bioreactor Capacity Expansion

4.2.1 Background
As described in TM 1 – Long-Term Process Performance Evaluation, the MBR system does not have sufficient capacity to treat the projected average daily maximum month (ADMM) load and maintain the current design criteria of a 10-day solids retention time (SRT) and mixed liquor suspended solids (MLSS) concentration not exceeding 12,000 milligrams per liter (mg/L). However, instead of building additional aeration tanks to reduce the MLSS concentration, operation of the MBR system could be adjusted to use an 8-day SRT, which is the lower end of target SRTs, to increase the capacity of the MBR system.

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Figure 4.1 Site Layout of Recommended Projects
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4.2.2 Basis of Design
The current MBR system does not have sufficient capacity to meet the future 2044 flows and loads.

Therefore, operations need to be adjusted to increase the capacity of the aeration tanks as mentioned above, and an additional RAS pump, aeration blower, and membrane cassettes need to be added. The additional RAS pump and aeration blower should match the existing equipment. The membrane cassette expansion would include a 52-module cassette with 430 square feet (ft 2) per module per train. This
expansion differs slightly from the 2017 Operations and Maintenance Manual due to what is currently offered for the ZeeWeed 500D, but the additional membrane surface area is the same and is compatible with the City of Visalia's (City’s) existing system. The existing MBR system has space reserved for installation of all these pieces of equipment.

The total nitrogen limit for the system is 10 mg/L for the average monthly concentration. Furthermore, the groundwater quality goal for nitrate is to be less than 10 mg/L. It was determined that the anoxic zones have sufficient denitrification capacity. Therefore, a higher flowrate of IMLR is possible, and the four IMLR pumps should be upsized from a total capacity of 89 million gallons per day (mgd) to 160 mgd.

4.2.3 Recommendations
It is recommended to operate the system at an 8-day SRT rather than a 10-day SRT to reduce the MLSS concentration in the MBR system. It is also recommended to add the extra RAS pump, aeration blower, and additional membrane cassettes to increase capacity to the MBR system. By making this operational change and equipment installations, additional aeration tanks would not be needed. Lastly, the IMLR pumps’ total capacity should be increased from 89 mgd to 160 mgd to ensure the total nitrogen limit is met and the City’s effluent helps meet groundwater quality goals. Depending on the long-term organic load fractionation, additional external carbon (MicroC 2000 or methanol) dosing could be considered for further reducing nitrogen concentration. These improvements should be made by 203 3 to avoid exceeding the capacity of the MBR system.

The MBR Capacity Expansion would include the following:
 Addition of one RAS pump.
 Addition of one aeration blower.
 Installation of additional membrane cassettes and modules.  Installation of higher capacity IMLR pumps.
 Change in operations to have an SRT of 8 days instead of 10 days.  Associated piping, valves, and appurtenances.
 Installation of associated electrical and instrumentation equipment.

4.3 UV Disinfection Capacity Expansion

4.3.1 Background
After the near-term expansion project is completed, the UV disinfection system will have a firm capacity of 37 mgd (6 duty banks + 1 standby bank). However, this is not sufficient to meet the projected 2044 peak 105
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wet weather flow (PWWF) of 42.8 mgd. Furthermore, the projected PWWF is estimated to exceed the UV system’s firm capacity in 2038. Therefore, the UV system must be expanded and brought online by 2038.

4.3.2 Basis of Design
The UV system must have a firm capacity to treat the PWWF. With the projected 2044 PWWF at 42.8 mgd, the UV system needs to expand its capacity to meet the firm capacity requirement.

4.3.3 Alternatives Analysis
The existing UV system channels will no longer have any space available for installing additional modules after completion of the near-term expansion project. Therefore, three alternatives were developed for expanding the capacity of the UV system and are listed below.

4.3.3.1 Re-rate the Existing Ultraviolet System
The existing UV system was designed based on an ultraviolet transmittance (UVT) of 65 percent, but historical data shows that the UVT is higher than 65 percent. Increasing the design UVT would increase the rated capacity of the existing system. Increasing the design UVT from 65 to 68 percent would re-rate the existing UV system to have sufficient capacity for the projected 2044 PWWF .

4.3.3.2 Construct a New Third Ultraviolet Channel
A new UV channel with five duty banks and one standby bank could be constructed to increase the UV system’s capacity. This configuration would include 12 new UV modules, two modules per bank. With a UVT of 65 percent and a minimum dose of 80 millijoules per square centimeter (mJ/cm2), the expansion would increase the current UV system’s firm capacity by 14.4 mgd, resulting in a total firm capacity of

43.2 mgd. Additional piping would be needed to route water to and from this new UV channel as well.

4.3.3.3 Replace the Existing Ultraviolet System with Different Equipment Different equipment could be installed in the existing UV channels. However, after analyzing this further, it was determined that with the higher 2044 PWWF, this was not feasible. Significant structural modifications would be required since other UV systems would not fit in the existing channels with the higher flow.

Therefore, this alternative is not recommended.

4.3.4 Recommendations
Even though the historical UVT data indicates the system is operating at a higher UVT than the original design criteria of 65 percent, UVT can vary over time, so it is recommended to revisit re-rating the UV system with the UVT data available during preliminary design. Therefore, for planning purposes, it was conservatively assumed that the UV system would be expanded to meet the projected 2044 PWWF . As mentioned above, using different equipment in the existing channel structure is not feasible, so it was assumed that a new third UV channel would be constructed and brought online by 2038. This channel could be an external channel or further analysis can be done to evaluate if it’s possible to build the third channel between the two existing channels. Additionally, with higher flows, the headloss limit in the channels could be exceeded. This should be checked, and structural modifications, such as raising the floor upstream of the banks, should be made if this occurs. 106
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The UV Disinfection System Capacity Expansion improvements would include the following:
 Construction of a new third channel for UV modules that includes space for seven banks. It is assumed for planning purposes that six banks would be initially installed. This should be verified during preliminary design of the UV system expansion.
 Installation of UV modules and associated vendor provided stepdown transformers and power supply units.
 Yard piping, including piping from the MBR system.
 Installation of associated electrical and instrumentation equipment.

4.4 Anaerobic Digestion Capacity Expansion

4.4.1 Background
The near-term anaerobic digestion capacity expansion project will include a new Digester Number (No.) 9 that is the same effective capacity as Digester No. 8. However, this additional digester does not provide sufficient firm capacity to meet minimum criteria for the projected design year flows as described in TM 1 – Long-Term Process Performance Evaluation.

4.4.2 Basis of Design
The long-term anaerobic digestion capacity expansion will need to provide at least 15 days of SRT at design year 2044 max month flows with the largest digester out of service. To provide three days of storage – which would allow the City to halt operations over a long weekend – at the projected 2044 max month sludge production, the sludge storage volume needed is at least 1.0 million gallons (MG).

This alternatives analysis used a digester feed of 5 percent total solids (TS) and 3.5 percent TS for the thickened waste activated sludge and primary sludge thickness, respectively, and a maximum volatile solids loading rate (VSLR) of 0.2 pounds of volatile solids per cubic foot per day (lb VS/cf-day). The total capacity, including the sludge storage volume in Digester Nos. 8 and 9, of the existing digesters (Digester Nos. 1-8) and the new Digester No. 9 is about 7 MG, which was used to determine the addit ional digestion capacity needed.

4.4.3 Alternatives Analysis
Three alternatives were analyzed for expanding the capacity of the anaerobic digestion system and are listed below.

4.4.3.1 Construct Two Additional Digesters
Both Digesters No. 8 and No. 9 have almost 30 percent of their volume allocated to sludge storage instead of active digestion capacity, resulting in a total storage volume of 1.1 MG. This is because Digester No. 8 was originally designed with storage to accommodate halting operations over the weekend, and if Digester No. 8 is out of service, Digester No. 9 provides redundancy, including storage capabilities. This storage volume is about 15,000 gallons more than the minimum required 2044 sludge storage volume.

The internal storage volume in the two digesters could remain to meet the sludge storage requirement, 107
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but the additional digestion capacity required would be 2.24 MG. To meet this additional digestion capacity needed, two digesters need to be constructed and brought online by 2037.

4.4.3.2 Construct One Additional Digester and One Sludge Storage Tank As stated above, both Digester No. 8 and No. 9 have almost 30 percent of their volume allocated to sludge storage instead of active digestion capacity. Reallocating this sludge storage volume to active digestion capacity and providing a separate sludge storage tank would reduce the additional digestion capacity needed for 2044 down to 1.69 MG. Therefore, one digester the size of Digester No. 8 and No. 9 ,

1.94 MG, and a separate 1.13 MG sludge storage tank could be constructed.

The major advantage of constructing a separate sludge storage tank is that the current configuration , which sends sludge to the smaller digesters (Digester Nos. 1-7) first and then to Digester No. 8 (and Digester No. 9 after the near-term project), could be changed to a configuration with all the digesters being fed directly. With this configuration, the volume in Digester No. 8 is needed to meet the 15-day SRT requirement. This configuration is because only Digester No. 8 has piping that goes to the dewatering process area. Thus, the smaller Digesters No. 1-7 are running at lower SRTs and the City has experienced issues with souring digesters. Having a separate sludge storage tank would eliminate the need to transfer sludge from the smaller digesters to Digester Nos. 8 and 9 and allow all digesters to be fed directly, which would reduce the hydraulic loading to the smaller digesters and allow them to be operated at a 15 -day SRT.

Another advantage of separating sludge storage from active digesters is that the sludge in storage does not need to be heated whereas the sludge in storage in active digesters is heated. Therefore, a separate sludge tank would result in energy savings from the reduced heating demand.

4.4.3.3 Retrofit Digesters to High Solids Digestion System Assuming a minimum design SRT of 15 days and a maximum VSLR of 0.2 lb VS/cf-day, the existing digestion system is currently limited by the hydraulic loading rate. The digester can be transitioned from a hydraulic limitation to an organic limitation by increasing the feed solids concentration. Depending on the feed solids volatile solids concentration, the transition from hydraulic to organic limitation generally occurs around a feed solids concentration of 6 percent TS. It is often difficult for mechanical thickening systems to increase the feed solids concentration beyond this level.

In typical anaerobic digestion (like the City’s digesters), the solids hydraulic retention time (HRT) is equal to SRT. A high solids digestion system uses recuperative thickening to decouple the HRT and SRT and may allow digesters to operate at higher VSLRs. There is some evidence that high solids digesters can be stable indefinitely at 0.25 lb VS/cf-day, but more research is needed to confirm that this VSLR is possible in a range of operational conditions.

A recuperative thickening system would consist of progressing cavity pumps, inline grinders, polymer feed and mixing equipment, flocculation tank, and one recuperative thickener per digester installed on a slab at grade next to the digester that it serves. Solids would be removed from the digester, conveyed through the thickener, and thickened solids returned to the same digester. Filtrate from the thickener would return to the headworks.
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To meet the 2044 digestion capacity requirement, three medium digesters (Digesters No. 3 -7) would need to be recuperatively thickened, assuming recuperative thickening reaches 6 percent TS. Since not all digesters would be thickened, the operational complexity of the digestion system would increase since different digesters would be operated at different solids concentrations.

The increased solids concentration inside of the digester is generally too high for pump mixing , draft tubes, linear motion, and gas mixing. Therefore, any digester using recuperative thickening would need to be retrofitted with a new mixing system designed to mix thicker digester solids. In general, due to the age of the existing digesters, any tank being retrofitted would require replacing the covers and significant seismic upgrades to accommodate the new roof-mounted mixing system. For these reasons, converting the existing digesters to high solids digesters is not recommended.

4.4.4 Recommendations
It is recommended to construct a new digester, Digester No. 10, the same size as Digester Nos. 8 and 9, and a new sludge storage tank with a 1.13 MG capacity. The new digester and sludge storage tank should be online by 2037. The new design criteria for the three large digesters and sludge storage capacity are shown below in Table 4.1. The new digester would allow the plant to meet the required SRT for Class B biosolids with either Digester Nos. 8, 9, or 10 offline for the 2044 ADMM sludge loading projections. It is also recommended to convert the existing dewatering pump station to a sludge storage pump station and construct a new dewatering feed pump station, which is discussed more in Section 4.6 .

Table 4.1 Design Criteria for the Large Digester and Sludge Storage Tank Parameter Value
Digester Nos. 8, 9, 10
Operating Volume of Digesters (excluding cone depth), each 1.94 MG Sludge Storage Tank
Sludge Volume (excluding cone depth) 1.13 MG
Side Water Depth 30 ft
Diameter 80 ft
Notes:

Abbreviations: ft - feet.

The Anaerobic Digestion Capacity Expansion improvements would include the following:
 Construction of a new digester.
 Construction of a new sludge storage tank.
 Digester and sludge storage tank mixing systems, including a mixing pump and associated piping, valves, and appurtenances.
 Digester heating system, including a sludge recirculation pump, hot water pump, heat exchanger, and associated piping, valves, and appurtenances.
 Digester feed transfer pumps and associated piping, valves, and appurtenances.  Yard piping, including digester feed, digested sludge, hot water return/supply, and digester gas . 109
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 New pump in the reserved space north of Digester No. 8 for converted sludge storage pump station.  New electrical and boiler building, with a new boiler to expand the capacity of the main hot water loop and new motor control center (MCC) to power all of the equipment associated with this project.

4.5 Biogas Flare Capacity Expansion

4.5.1 Background
With the projected flows, the existing flare system’s capacity will not be sufficient. The biogas flare capacity is expected to be exceeded in 2037.

4.5.2 Basis of Design
This project would include the expansion of the biogas flare system. The existing flare has a capacity of 21,250 standard cubic feet per hour (schf). The expansion needs to increase the capacity of the biogas flare system by about 3,750 scfh, resulting in a capacity of about 25,000 scfh.

4.5.3 Recommendations
It is recommended to expand the flaring capacity by replacing the existing flare with a higher capacity flare and a redundant flare. This should be completed by 2037. The Biogas Flare Capacity Expansion improvements would include the following:
 A new, higher capacity flare system.
 Upsizing digester gas piping for higher flows.
 Yard piping from the gas holder to bypass the gas purification system.  Installation of associated electrical and instrumentation equipment.

4.6 Dewatering Capacity Expansion

4.6.1 Background
After the near-term dewatering capacity expansion project is completed, the WRF will have three screw presses. This provides sufficient capacity for the near-term flows and creates the necessary redundancy required for this process. However, looking toward the 20-year horizon, these screw presses will not be enough to handle the 2044 annual average daily flow (AADF).

Additionally, if a 3-day sludge storage tank is added as discussed above, the screw presses will need to be able to dewater the new storage tank in 4 days, assuming that operation is halted over a 3-day weekend.

This can be achieved by running four screw presses at a time, meaning the redundant screw press would also run in this scenario. Therefore, a new screw press must be installed to expand the dewatering capacity for critical redundancy as well as for dewatering the full sludge storage tank. 110
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4.6.2 Basis of Design
As mentioned above, the WRF does not have sufficient firm capacity in the dewatering system for the 2044 AADF. This project would include the addition of a fourth screw press to provide additional dewatering capacity to allow the plant to operate three screw presses with a fourth on standby, providing the necessary redundancy required.

To empty the sludge storage tank after a long weekend, it was assumed that all four units would run 24 hours for four days. By using the redundant screw press for this operation, sufficient capacity is available to handle the higher flows going to the screw presses with the additional flow from the sludge storage tank.

4.6.3 Recommendations
It is recommended to add a fourth screw press with the same capacity as the existing screw presses by 2036 to provide additional capacity and redundancy for the dewatering system; this should be installed south of the existing screw presses. With the addition of the 3-day sludge storage tank, it is recommended to install a fourth pump in the reserved space north of Digester No. 8 and include four pumps at the new dewatering feed pump station.

The dewatered cake conveyors have sufficient capacity and do not need to be replaced. With only one polymer storage tank in use, about 20 days of storage at the projected 2044 sludge flows is available, so additional polymer storage was not included with this project either.

The Dewatering Capacity Expansion improvements would include the following:
 One new screw press, flocculation tanks, and sludge grinders with the same capacity as the existing units.
 New concrete base slab and support columns for the screw presses.  Construction of the elevated platform for the new screw press.  New dewatering feed pumps.
 Necessary piping, valves, and appurtenances for the new screw press.  Installation of associated electrical and instrumentation equipment.  A new vendor control panel would be installed in the field, and a new cable will be routed through the existing conduit.
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pw://Carollo/CA/Visalia/202132-000000/03 Reports and Studies/02 Deliverables/Master Plan/TM 5 - Long-Term CIP/TM05 Contents
TM 5 LONG-TERM CAPITAL IMPROVEMENT PROGRAM

5.1 Introduction 5-1

5.2 Key Findings and Recommendations 5-1

5.3 Cost Estimate 5-1

5.3.1 General Cost Assumptions 5-1

5.3.2 Project Capital Costs 5-4

5.3.3 Rehabilitation and Replacement Costs 5-4

5.4 Project Implementation 5-5

5.4.1 Project Durations 5-5

5.4.2 Implementation Schedule 5-5

5.5 20-Year Project Implementation Plan 5-5
Tables
Table 5.1 Capital Cost Estimating Approach 5-3
Table 5.2 Total Project Capital Cost for Recommended Projects 5-4 Table 5.3 R&R Costs for 20-Year Planning Horizon 5-4
Table 5.4 Master Plan CIP 5-8
Figures
Figure 5.1 Long-Term Projects CIP Cash Flow 5-2
Figure 5.2 Long-Term Projects CIP Schedule 5-7
Figure 5.3 Master Plan CIP Cash Flow 5-9
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Abbreviations
AACE Association for the Advancement of Cost Engineering Carollo Carollo Engineers
CIP capital improvement program
City City of Visalia
E.L.A.P. engineering, legal, administrative, and permitting ENR CCI Engineering News-Record Construction Cost Index M million
MBR membrane bioreactor
R&R rehabilitation and replacement
TM technical memorandum
TWAS thickened waste activated sludge
UV ultraviolet
WRF Water Reclamation Facility
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TM 5 LONG-T ERM CAPITAL IMPROVEMENT

PROGRAM

5.1 Introduction
This technical memorandum (TM) presents the long-term capital improvement program (CIP) for the City of Visalia’s (City) Water Reclamation Facility (WRF) and a summary of the associated capital costs. The CIP presents an estimate of the City’s capital expenses over the next 20 years to address recommended capacity-related improvements to the WRF.

5.2 Key Findings and Recommendations
The long-term CIP identifies capacity related projects required at the WRF between 2030 and 2044, which are described in TM 4 – Long-Term Project Descriptions and listed below:
 Membrane Bioreactor (MBR) Capacity Expansion.
 Ultraviolet (UV) Disinfection Capacity Expansion.
 Anaerobic Digestion Capacity Expansion.
 Biogas Flare Capacity Expansion.
 Dewatering Capacity Expansion.

Figure 5.1 shows an annual cash flow basis for the CIP based on the assumed implementation date for each project. This cash flow analysis is provided as a preliminary tool to assess impacts on the City’s resources over time.

5.3 Cost Estimate

5.3.1 General Cost Assumptions
The cost estimates were prepared in accordance with the guidelines of the AACE International (the Association for the Advancement of Cost Engineering, 18R-97) for a Class 5 estimate. The AACE Cost Estimate Classification System includes five total estimate classes. Class 5 estimates are appropriate for planning projects before more definitive information, such as detailed designs, is available. Class 5 estimates are typically prepared for any number of strategic business planning purposes, including, but not limited to, project screening, evaluating resource needs and budgeting, and long -range capital planning as is being performed in this Master Plan. Class 5 estimates have wide accuracy ranges. Typical accuracy ranges for Class 5 estimates are -20 to -50 percent on the low side, and +30 to +100 percent on the high side. These ranges vary based on the technological complexity of the project, the availability and accuracy of appropriate reference information, and the inclusion of an appropriate contingency determination.
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Figure 5.1 Long-Term Projects CIP Cash Flow
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Construction cost estimates account for both direct and indirect costs. Direct costs include materials, labor, construction equipment required for installation, and subcontractor costs. Indirect costs include contractor general conditions, contractor overhead and profit, sales tax, and an estimating contingency.

Direct construction costs for all improvements were estimated using various references. Where possible, the costs from design estimates or construction bid tabs were used. Other cost sources included reference projects, the R.S. Means price catalog, cost curves, and vendor quotes. Costs used from design estimates, construction bid tabs, or reference projects were adjusted for location using R.S. Means location factors and for inflation using the appropriate Engineering News-Record Construction Cost Index (ENR CCI).

Indirect construction costs were estimated as a percentage of the direct construction cost based on experience and industry-wide standards.

The total project cost was estimated for each project as the total construction cost plus an additional allowance for overall project costs including engineering, legal, administration, permitting costs, etc.

Table 5.1 summarizes the overall approach for developing capital cost estimates.

Table 5.1 Capital Cost Estimating Approach
Item Cost Formula
Total Direct Cost = A
Estimating Contingency B = 30 percent of A
Sales Tax (1) C = 8.5 percent of half of A + B
General Conditions (2) D = 10 percent of A + B + C
Contractor Overhead and Profit E = 25 percent of A + B + C + D Total Construction Cost = A + B + C + D + E
Engineering, legal, administrative, and permitting (E.L.A.P) costs for implementing the project
E.L.A.P. = 25 percent of Total Construction Cost
Total Project Capital Cost = Total Construction Cost + E.L.A.P.

Notes:
(1) Sales tax is assumed to be applied to 50 percent of the total direct cost (Item A) with estimating contingency (Item B). (2) General Conditions accounts for mobilization/demobilization and costs incurred for project management, bonds and insurance, and temporary facilities and utilities.
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5.3.2 Project Capital Costs
The total project cost estimates for each project are summarized in Table 5.2. The estimate is at a planning level and includes capital costs only. Rehabilitation and replacement (R&R) costs are discussed in the next section.

Table 5.2 Total Project Capital Cost for Recommended Projects Project Cost (1)
MBR Capacity Expansion $14,750,000
UV Disinfection System Capacity Expansion $7,830,000
Anaerobic Digestion Capacity Expansion $56,950,000
Biogas Flare Capacity Expansion $7,000,000
Dewatering Capacity Expansion $6,210,000
Total $92,740,000
Notes:
(1) The costs are presented in 2024 dollars. Note that capital costs presented are for planning purposes. These costs do not include mid- point escalation or bid market allowance. Current market conditions suggest large rates of cost escalation and high rates of variance in construction bidding. It is suggested that an escalation rate and bid market allowance be added to capital costing efforts as project development becomes more refined. Total project costs include factors for estimating contingency, sales tax, general conditions, and contractor overhead and profit as well as 25 percent allowance for engineering, legal, administration, and permitting costs.

5.3.3 Rehabilitation and Replacement Costs
Total R&R costs as well as annual R&R costs that span the 20-year planning horizon are presented in Table 5.3.

Table 5.3 R&R Costs for 20-Year Planning Horizon
Element Cost
R&R Cost (1) $53,000,000
Annual R&R Cost First 2024-2034(2) $2,270,000
Annual R&R Cost Second 2034-2044(3) $3,030,000
Notes:
(1) Total R&R costs reflect 35 percent of the total project costs and are presented in 2024 dollars. (2) The annual R&R costs are based on 15 percent of the total capital project costs distributed across the first half of the planning horizon.

This approach was used because a majority of the plant was upgraded approximately seven years ago, so it is expected that minimal R&R will be needed during the first half of the planning horizon. (3) The annual R&R costs are based on 20 percent of the total capital project costs distributed across the second half of the planning horizon. This approach was used because it is expected that more R&R projects will be needed in the second half of the planning horizon.
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5.4 Project Implementation
This section discusses the estimated project durations as well as when the projects should be implemented.

5.4.1 Project Durations
Implementation activities for the recommended projects include predesign planning, design, bidding and award, construction, commissioning, and environmental permitting. Project durations were estimated under the following assumptions:
 Smaller-sized projects (those less than $1.0 million [M]) can be completed in two years or less, with one year for planning, design, and bidding, and one year for construction and startup.  Medium-sized projection (those between $1.0M and $10M) can be completed in two to three years, with one year for planning, design, and bidding, and one to two years for construction and startup.  Larger-sized projects (those greater than $10M) can be completed in three to five years, with one to two years for planning, design, and bidding, and two to three years for construction and startup .

5.4.2 Implementation Schedule
Plant capacity defines not only the need for the projects, but also implementation timing. The implementation timing, determined by when the plant needs additional capacity, and the project duration assigns each project a start and completion date. The recommended implementation schedule for the long-term projects can be seen below in Table 5.2. Project timing and phasing was based on the criticality of the improvements on treatment process reliability.

5.5 20-Year Project Implementation Plan
The project implementation plan includes an overall schedule of the CIP and projected cash flow requirements for implementing the CIP. These projects would be implemented as needed to meet flow and load requirements rather than at set dates. The recommended implementation for each project is shown in Table 5.4.

While this Master Plan included projects that increased treatment capacities to meet the projected 2044 flows and loads, the City requested that process areas be evaluated for when 80 percent of the capacity was exceeded to trigger when the process area should be evaluated for expansion. Reviewing the capacity analysis, several process areas were identified to have their 80 percent capacity exceeded during the 20-year planning horizon. A planning study for each of these process areas was included in the CIP the year after it hit 80 percent capacity. If the rated capacity of the process area was expected to be exceeded within two years past the 20-year planning period, then ballpark estimates for design and construction costs were added to the CIP. However, project descriptions were not developed for these 120
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cases, and they should be thoroughly evaluated during the next master plan in 10 years. If the rated capacity of the process area was not exceeded for several years after the 20-year planning period, then no additional design or construction costs were included in the CIP. These projects should also be evaluated during the next master plan in 10 years.

The costs for these planning studies and design/construction activities can be seen in Table 5.4.

The projected cash flow presented in Figure 5.3 is based on the recommended CIP and the implementation schedule shown in Figure 5.2 and in the Facility Plan’s TM 5 – Near-Term Capital Improvement Program. The cash flow analysis is provided as a preliminary tool to assess impacts on the City’s resources over time.
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Figure 5.2 Long-Term Projects CIP Schedule

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Table 5.4 Master Plan CIP
Project Total Project Cost
CIP Cost
2024 2025 2026 2027 2028 2029-2033 2034-2038 2039-2043
Near-Term Projects Costs(1)
TWAS Pump Replacements $630,000 $630,000 - - - - - - -
Dewatering Capacity Expansion – Near Term $4,650,000 $930,000 $3,720,000 - - - - - - Sludge Drying Bed Capacity Expansion $10,350,000 $2,070,000 $5,520,000 $2,760,000 - - - - - Digester Dewatering Pond Addition $6,110,000 $1,220,000 $3,260,000 $1,630,000 - - - - - Anaerobic Digestion Capacity Expansion – Near Term $34,990,000 $3,500,000 $6,999,000 $13,995,000 $10,496,000 - - - - UV Disinfection System Capacity Expansion – Near -Term $2,010,000 - $400,000 $1,610,000 - - - - - Subtotal $58,740,000 $8,350,000 $19,899,000 $19,995,000 $10,496,000 - - - - Long-Term Projects Costs(1)
MBR System Capacity Expansion $14,750,000 - - - - $1,967,000 $12,783,000 - - UV Capacity Expansion – Long Term $7,830,000 - - - - - $523,000 $7,307,000 - Anaerobic Digestion Capacity Expansion – Long Term $56,950,000 - - - - - $30,916,000 $26,034,000 - Biogas Flare Capacity Expansion $7,000,000 - - - - - $1,400,000 $5,600,000 - Dewatering Capacity Expansion – Long Term $6,210,000 - - - - - $4,968,000 $1,242,000 - Subtotal $92,740,000 - - - - $1,967,000 $50,590,000 $40,183,000 - Studies and Predesign Activities(2)
Biosolids Master Plan $500,000.00 - - - - $500,000.00 - - - Biogas Master Plan $300,000.00 - - - - $300,000.00 - - - Facility/Master Plan Update $1,000,000.00 - - - - - $500,000.00 $500,000.00 - Grit Tanks $500,000.00 - - - - - - - $500,000.00
Primary Sedimentation Tanks $500,000.00 - - - - - - $500,000.00 - MBR System $1,000,000.00 - - - - - - $1,000,000.00 - UV Disinfection $500,000.00 - - - - - - $500,000.00 - Gravity Belt Thickeners $500,000.00 - - - - - - $-500,000.00 - Anerobic Digestion $1,000,000.00 - - - - - - $1,000,000.00 - Sludge Drying Bed $500,000.00 - - - - - - $500,000.00 - Subtotal $6,300,000.00 - - - - $800,000.00 $500,000.00 $4,500,000.00 $500,000.00 Design/Construction(2)
Primary Sedimentation Tanks $32,000,000.00 - - - - - - - $32,000,000.00 MBR System $155,000,000.00 - - - - - - $2,500,000.00 $152,500,000.00 UV Disinfection $7,830,000.00 - - - - - - - $7,830,000.00 Gravity Belt Thickeners $22,000,000.00 - - - - - - - $22,000,000.00 Anerobic Digestion $56,950,000.00 - - - - - - $8,136,000.00 $48,814,000.00 Sludge Drying Bed $10,350,000.00 - - - - - - - $10,350,000.00 Subtotal $284,130,000.00 - - - - - - $10,636,000.00 $273,494,000.00 R&R Costs(3)
R&R $53,000,000 $2,270,000 $2,270,000 $2,270,000 $2,270,000 $2,270,000 $11,350,000 $15,150,000 $15,150,000 CIP Total $494,910,000.00 $10,620,000.00 $22,169,000.00 $22,265,000.00 $12,766,000.00 $5,037,000.00 $62,440,000.00 $70,469,000.00 $289,144,000.00 Notes:

TWAS - thickened waste activated sludge.
(1) The costs are presented in 2024 dollars. Note that capital costs presented are for planning purposes. These costs do not include mid-point escalation or bid market allowance. Current market conditions suggest large rates of cost escalation and high rates of variance in construction bidding. It is suggested that an escalation rate and bid market allowance be added to capital costing efforts as project development becomes more refined. Total project costs include factors for estimating contingency, sales tax, general conditions, and contractor overhead and profit as well as 25 percent allowance for engineering, legal, administration, and permitting. (2) As stated in Section 5.5, the City requested that future master plans be included in the CIP as well process areas be evaluated for when 80 percent of the capacity was exceeded to trigger when the process area should be evaluated for expansion. A planning study for process areas whose 80 percent capacity was exceeded was included in the CIP the year after it hit 80 percent capacity. If the rated capacity of the process area was expected to be exceeded within two years past the 20-year planning period, then ballpark estimates for design and construction costs were added to the CIP. If the rated capacity of the process area was not exceeded for several years after the 20-year planning period, then no additional design or construction costs were included in the CIP. (3) Total R&R costs reflect 35 percent of the total project costs. 123
TECHNICAL MEMORANDUM 5 – LONG-TERM CAPITAL IMPROVEMENT PROGRAM JUNE 2024 / FINAL / CAROLLO

CITY OF VISALIA
WATER RECLAMATION FACILITY - MASTER PLAN 5-9
F
igure 5.3 Master Plan CIP Cash Flow
124
Murrieta Water Group
1 135 W. Wyndover Ave. 559.287.9373
Clovis, CA 93611 [email protected]

DATE: August 14, 2024
TO: Ben Litwack, Public Works Manager
FROM: Jose Gutierrez, P .E. – Murrieta Water Group
SUBJECT: City of Visalia 2024 Water Reclamation Facility – Master Plan Review Final

TRANSMITTED VIA EMAIL

The City of Visalia (City) tasked the Murrieta Water Group (MWG) with reviewing the 2024 Water Reclamation Facility – Master Plan (Master Plan) and preparing a professional opinion on the approach, analysis and recommendations prepared by the City’s consultant (Carollo) in their evaluation of the City’s Water Reclamation Facility (WRF). To complete its analysis, MWG also reviewed certain technical memoranda from the City’s 2024 Water Reclamation Facility – Facility Plan (Facility Plan), certain chapters of the City’s General Plan adopted in 2014 (General Plan), and responses provided by Carollo to a July 19, 2024 email regarding their analysis. This executive summary documents and describes the work performed by MWG in performance of the agreement and scope reﬂected in City PO3847.

Conclusion
Carollo used reasonable, industry standard assumptions based on actual measured data, professional expertise, facility performance, design standards, and the General Plan’s growth forecasts to prepare the Master Plan. The Master Plan will serve the City in making foundational decisions, managing compliance risks, and planning projects at its WRF. The Master Plan was prepared with the appropriate professional standard of care and conservatism to achieve the residential, commercial and industrial growth forecasts in the City’s General Plan.

The Master Plan’s recommended projects, proposed capital improvement plan (CIP), overall implementation schedule and cash ﬂow requirements are appropriate to serve the City’s General Plan growth projections, to comply with Regional Water Quality Control Board regulations, and to maintain sufficient redundancy and reliable operation of the reclamation facility for treating the variable ﬂow and loads experienced at the WRF. The Master Plan contains sufficient ﬁnancial information for the City’s utility rate consultant to determine rates and development impact fees.

EXECUTIVE SUMMARY
125
2 Recommendations
Although the Master Plan assumptions are consistent with the City’s General Plan growth projections, to reach the 2030 forecast population of 210,000 persons, the annual growth rate from 2024 through 2030 would need to equal approximately 3.8%, which is two times greater than the average growth rate from 2001 to 2024. I do not believe that the lower growth rate through 2024 warrants changes to the Master Plan or Facility Plan, but the City should monitor the average annual daily ﬂow (AADF), average day maximum month ﬂow (ADMMF), and peak wet weather ﬂow (PWWF) (and corresponding solids loading) going forward. If the measured ﬂows lag the Master Plan projections, then the City should consider adjusting the implementation schedule and defer project implementation as appropriate to meet future ﬂow and load requirements, and to comply with its waste discharge permit. If growth is less than the General Plan and Master Plan’s forecast, then the overall CIP schedule and projected cash ﬂow requirements for implementing the CIP could be extended beyond 2043.

For example, the long-term ﬂow and load projections summarized in Table 1.1 Flow and Load Projection Summary on page 1-1 of the Master Plan, include the anticipated year 2044 AADF, ADMMF , and PWWF . Similarly, Table 1.2 Unit Process Capacities summarizes different process unit capacities, deﬁciencies and anticipated year of capacity exceedance. The forecast year of capacity exceedance is tied directly to the City’s actual residential, commercial and industrial growth. The MBR system is projected to reach treatment capacity at an AADF of 16.3 mgd, which could be reached by 2033. If growth is less than 2.7 percent per year (which was the case over the last 20 years), then the MBR might not reach its capacity until 2038.

Similarly, if the PWWF attenuates as the collection system grows, then a lower peaking factor might be observed at the WRF compared to the 2.0 assumed in the Master Plan. The UV Disinfection System’s ﬁrm capacity will be reached at a PWWF of 37 mgd (after the near-term expansion), currently forecast to occur by 2038. If a lower peaking factor is experienced during the planning horizon (say 1.7), then the UV Disinfection System ﬁrm capacity might be sufficient through 2044.

In Section 5.5 on page 5-5 of the Master Plan, Carollo recognizes that “These projects would be implemented as needed to meet ﬂow and load requirements rather than at set dates” (emphasis added), which I interpreted as a recommendation to monitor the AADF , ADMMF , and PWWF (and corresponding solids loading) and to initiate planning and design at appropriate times versus set milestones, so that process unit capacities could be expanded when needed, and on-line prior to exceeding their capacities. 126
3 I appreciate the opportunity to assist the City with this effort and look forward to providing you with service on other water related projects.
127
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0288 Agenda Date: 8/19/2024 Agenda #: 4.

Agenda Item Wording:

Picnic Table Removal and Replacement - Authorize the City Manager to Award RFB No. 23-24-38 Park Picnic Table Removal and Replacement Project at Various Parks to Mountain Vista Construction of Visalia, CA, for an amount not to exceed of $336,273.00.

Deadline for Action: 8/19/2024
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]> John Lollis, Assistant City Manager 713-4323; [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends that the City Council authorize the award of a construction contract for the removal of existing concrete picnic tables and installation of new steel picnic tables at Whitendale, Blain and Ruiz Parks to Mountain Vista Construction of Visalia, CA, in the amount of and not to exceed $336,273.00, per specifications of RFB No. 23-24-38.

Background Discussion:

At its meeting on December 20, 2021, the City Council approved the appropriation of $29,364,455 from the federal American Rescue Plan Act (ARPA), of which $3,900,000 were appropriated for citywide park improvements. There are several park projects that are slated to be completed with these funds, such as shade structures, arbor replacement, updating park amenities, and park playground replacement. Staff identified three parks that contained old damaged concrete tables that needed replacement, including Whitendale Park, Blain Park and Ruiz Park.

The Picnic Table Removal and Replacement Project will include the removal of twenty (20) eight-foot (8’) concrete picnic tables, installation of fifteen (15) six-foot (6’) steel picnic tables, and three (3) six-foot (6’) ADA- compliant steel picnic tables at Whitendale Park; removal of nineteen (19) eight-foot (8’) concrete picnic tables, one (1) eight-foot (8’) steel picnic table, installation of fifteen (15) six-foot (6’) steel picnic tables, three (3) six-foot (6’) ADA-compliant steel picnic tables, and a five-foot (5’) ADA-compliant sidewalk approximately forty-five (45) feet in length to Arbor 3 at Blain Park; removal of eight (8) eight-foot (8’) concrete picnic tables, installation of six (6) eight-foot (8’) steel picnic tables, and two (2) ADA-compliant steel picnic tables at Ruiz Park. To achieve the required ADA path of travel to and around the arbors, the table size and quantity had to be reduced (please see attached table placement map). The current picnic arbors do not meet accessibility standards between tables and around the arbors. The steel tables were selected for durability while maintaining ADA-compliant seating and path of travel requirements. The contractor will also be required to fill any voids and/or make repairs to any damage to the concrete pad while removing the existing tables.

RFB No. 23-24-38 was advertised on May 17, 2024, and May 22, 2024, for the removal of existing concrete picnic tables and installation of new steel picnic tables. Two mandatory proposer conferences were conducted Visalia City Council Printed on 8/16/2024Page 1 of 2
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File #: 24-0288 Agenda Date: 8/19/2024 Agenda #: 4.
on May 29, 2024, and May 30, 2024, during which staff answered questions and toured the picnic arbors with several contractors.

On Thursday, June 20, 2024, the City received bids from six (6) contractors in the Bid Summary below.

Mountain Vista Construction of Visalia, CA was the qualified low bidder for RFB No. 23-24-38 Park Picnic Tables Replacement Project at Whitendale Park, Blain Park, and Ruiz Park. · Mountain Vista Construction, Visalia, CA $336,273.00 · Complete Construction Company, Clovis, CA $408,802.00 · Anchor 41, Hanford, CA $435,399.00 · Puma Construction, Fresno, CA $451.829.00 · Primetime Construction, Hanford, CA $469,017.00 · Callison Elite Construction, Porterville, CA incomplete bid packet This is considered a Public Works 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’sLabor Compliance Manual which was a part of the specifications. The project will be required to meet all the Federal requirements to expend American Rescue Plan Act (ARPA) funding.

Fiscal Impact:

The fiscal impact for RFB No. 23-24-38, a construction contract for Services at Whitendale Park, Blain Park, and Ruiz Park, is funded by the American Rescue Plan Act (ARPA) Fund 642, of which $3,900,000.00 has been budgeted.

Prior Council Action: None
Other: None
Alternatives: Reject all bids and again solicit Request for Bids.

Recommended Motion (and Alternative Motions if expected):

I move to award and authorize the City Manager to sign a contract for the Park Picnic Tables Replacement Project at Whitendale Park, Blain Park, and Ruiz Park, and authorize the City Manager to Mountain Vista Construction (RFP 23-24-38) for a not to exceed amount of $336,273.00.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB No. 23-24-38, RFB No. 23-24-38 Addendum 1, RFB No. 23-24-38 Addendum 2, Mountain Vista Construction Bid, Picnic Table Placement and Product Specifications.

Visalia City Council Printed on 8/16/2024Page 2 of 2
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RFB 23-24-38
Park Picnic Tables Replacement Project
1 CITY OF VISALIA
REQUEST FOR BID (“RFB”)

RFB NO. 23-24-38

PROJECT:

PARK PICNIC TABLES REPLACEMENT PROJECT AT

WHITENDALE PARK,

BLAIN PARK, AND

RUIZ PARK

BID SUBMITTAL DEADLINE: 2:00PM ON THURSDAY, JUNE 20, 2024

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 bindi ng 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: 05/17/2024
05/22/2024
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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 .................................................................................................................... 4 V. Pre-Bid And Preconstruction Meetings ................................................................................................................... 6 VI. Bid Opening And Confidentiality ............................................................................................................................ 6 VII. Award ...................................................................................................................................................................... 7 VIII. Protests/Appeals ...................................................................................................................................................... 7 IX. Post Award Responsibilities .................................................................................................................................... 7 X. Special Conditions ................................................................................................................................................... 8 XI. General Conditions ................................................................................................................................................. 10

SECTION 2 (Bidding and Contract Documents – Entire Section Must Be Turned In With Bid Form Pg 13-37)

Bid Form .................................................................................................................................................................... 14 Bidding Contractors License Information .................................................................................................................. 16 Contractors Reference ................................................................................................................................................ 17 Bid Bond .................................................................................................................................................................... 17 Subcontractor Listing ................................................................................................................................................. 18 Business Ownership Disclosure / California Levine Act Statement .......................................................................... 19 Signature Page ........................................................................................................................................................... 20 Bid Proposal Contract ................................................................................................................................................ 22 Federal and State Requirements / Certifications ........................................................................................................ 24

SECTION 3

Sample Contract ......................................................................................................................................................... 39 Contract General Provisions – Attachment 1 ............................................................................................................. 41 Contract Insurance Requirements – Attachment 2 ..................................................................................................... 44

ADDITIONAL ATTACHMENTS (attached separately)
EXHBIT D-1: Wage Designations (State and/or Fed)
EXHIBIT D-2: City of Visalia Labor Compliance Manual
EXHIBIT D-3: Site Maps and Pictures
A. Whitendale Park
B. Blain Park
C. Ruiz Park

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3 SECTION 1

I. DEFINITIONS

For the purposes of this RFB NO. 23-34-38, 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 respo nse to this Request for Bid.

5. RFB” means Request for Bid No. 23-24-38

II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to replace and install new picnic tables at Whitendale and Blain Parks per the specifications of this RFB and an Alternate Item to replace and install new picnic tables at Ruiz Park, as funding allows. The successful bidder shall be responsible for providing all services and products necessary to fulfill the requirements for 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: All documents may be requested from the office of the Purchasing Division, 707 W. Acequia, Visalia, CA 93291 by calling (559) 713-4334, or by email [email protected]. These documents will be emailed when possible if they do not exceed our email capacity.

Contract Dates: Tentative date of award date: August 1, 2024. Contractor must be able to begin the work as described within this bid upon receipt of the City’s Notice to Proceed, issued in writing by the Purchasing Department.

Time of Completion Deadline: Contractor shall order picnic table equipment within ten (10) days of receiving the Notice to Proceed and complete the project within forty-five (45) calendar days after equipment has been delivered.

Budget Estimate for this project is approximately $400,000.

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. 132
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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 A-General Engineering, or Class B-General Building Contractor’s license, or a combination of Class C-8 Concrete and Class D-34 Prefabricated Equipment licenses (See Section 2, page 35, 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.

III. INSTRUCTIONS

1. Fill out attached Bid Form (Pages 14-15) 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: Park Picnic Tables Replacement Project
RFB NO. 23-24-38
BID SUBMITTAL DEADLINE: Thursday, June 20, 2024 at 2:00pm

4. Submit the entire Section 2 (Bidding and Contract Documents pages 13-37). 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: Monday, June 3, 2024 at 4:00pm.

IV. SCOPE OF WORK/PROJECT SPECIFICATIONS

The successful contractor shall provide all labor, equipment, tools, and materials necessary to install new 6-foot and 8-foot picnic tables at arbor locations within Whitendale Park, located at 500 W Beech Ave and Blain Park, located at 3101 S Court St. Alternate Item, if funding allows, will include Ruiz Park, located at 639 E Buena Vista Ave, Visalia. The work will consist of:

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5  Removing the twenty (20) existing concrete picnic tables at the Whitendale Park arbor structures Nos. 1, 2, & 3 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level.

 Furnish and install seventeen (17) new 6-foot Kings River Casting Iron Valley Picnic Tables, [email protected] (or approved equal), and three (3) new 6-foot ADA compliant tables Kings River Casting Iron Valley Picnic Tables, [email protected] (or approved equal) at Whitendale Park arbor structures Nos. 1, 2, & 3 (see Site Plan for picnic table locations).

 Removing the nineteen (19) existing concrete picnic tables, one (1) steel picnic table, and one (1) steel bench at the Blain Park arbor structures Nos. 1, 3, & 4 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level.

 Furnish and install fifteen (15) new 6-foot Kings River Casting Iron Valley Picnic Tables, [email protected] (or approved equal), and three (3) new 6-foot ADA compliant Kings River Casting Iron Valley Picnic Tables, [email protected] (or approved equal) at Blain Park arbor structures Nos. 1, 3, & 4 (see Site Plan for picnic table locations).

 Excavate, form, and pour a new five (5) foot wide by forty-five (45) foot long concrete sidewalk to Arbor 3 at Blain Park (see Site Plan for sidewalk location).

 Alternate Item: Ruiz Park

o Removing the eight (8) existing concrete picnic tables at Ruiz Park arbor structures Nos. 1 & 2 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level.

o Furnish and install six (6) new 8-foot Kings River Casting Iron Valley Picnic Tables, [email protected] (or approved equal), and two (2) new 8-foot ADA compliant Kings River Casting Iron Valley Picnic Tables, [email protected] (or approved equal) Ruiz Park arbor structures Nos. 1 & 2 (see Site Plan for picnic table locations).

 Picnic tables shall include but are not limited to the following items: powder coated steel construction (color to be selected by owner), powder coated steel benches, and concrete approved table base attachments.

 Contractor to install one ADA compliant picnic table at each picnic arbor.

 Any damage to existing concrete slabs, arbor structures, electrical, and turf shall be repaired at the expense of the contractor.

 Contractor shall be responsible for clean-up and disposal of all waste materials, including existing concrete picnic tables.

 Submittals required for picnic tables, picnic table colors, and mounting hardware.

 Work to be performed for Whitendale and Blain Parks Picnic Tables Replacement projects shall be compensated at the contract Base Bid Amount and if funding allows, include Ruiz Park at the Alternate Item Bid Amount. Cost shall include mobilization, and furnishing all labor, materials, tools, equipment and incidentals, and for doing all work of removing existing concrete picnic tables and installing new powder coated steel picnic tables, in accordance with this RFB and as directed by the City’s Project Manager, and 134
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6 per the City Standard Specifications to provide fully completed improvements. No additional payment will be made therefore.

 Awarded Contractor will be required to obtain from the City’s Building Services Division (315 E. Acequia Avenue) a Visalia Building permit for awarded project. The City of V isalia will pay for the cost of the building permit.

 Awarded Contractor 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 certificate is the Awarded Consultant’s responsibility. For more information, call 559-713-4326 or email [email protected].

 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. 46).

 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

Mandatory Pre-Bid Meetings have been scheduled for this project. Bidders are required to attend at least one of the mandatory meetings in order to be eligible to bid on project. Meetings will be begin at Blain Park, 3101 S Court St, and then we will visit Whitendale and Ruiz Parks. Meetings will take place as follows:

Wednesday, May 29, 2024 at 10:00 a.m. and
Thursday, May 30, 2024 at 10:00 a.m.

Information on the project will be available during the meetings 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.

VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, June 20, 2024 @ 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 b rought 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 135
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7 “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.

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 t he 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 meetin g. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor 136
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8 shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias Department: Community Services

3. 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.

4. Required Bonds: The Bidder(s) awarded contract(s) pursuant to this RFB will be required to provide to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, 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 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 r eviewed 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 prote st 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 bac k 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.

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9 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.

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:
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10 (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 environme nt in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

Contractor shall comply with all applicable labor laws and ensure against discrimination.

XI. GENERAL CONDITIONS

1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Indiv iduals 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 Sa nctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be 139
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11 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.

13. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing D ivision, 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 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 pr oposed 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 140
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12 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, p lans, 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 shal l 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 (Pages 14-15). Contractor may be required to submit Proposals on alternate items. The Cit y 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.

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13 SECTION 2

BIDDING AND CONTRACT DOCUMENTS

Note: This entire section must be submitted with bid (pages 13 – 37)

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14 Bidders Name: ____________________________
(Submit with Bid Proposal)

BID FORM RFB NO. 23-24-38
Project: Park Picnic Tables Replacement Project

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-38 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment , tools, labor appurtenances and incidentals required for the above stated project as set fo rth in the RFB, including all Exhibits and related contract documents therefor e, 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 and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the time and manner prescribed 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 th e actual quantities of work satisfactorily completed. It is agreed that the Sum Total price include all appurtenant expenses, taxes, royalties and fees.

LOWEST BIDDER will be determined by the Lowest Sum Total. The Sum Total is the Base Bid plus Alternate Item.

After the lowest bidder has been determined, the City reserves the right to award base bid only or base bid + Alternate Item, depending on available funding. Award, if made, will be to the lowest bidder whose bid is deemed both responsive and responsible and meets all criteria set forth in the bid specifications.

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 order the picnic table equipment within ten (10) calendar days of receiving the Notice to Proceed and to complete the project within forty-five (45) calendar days after equipment has been delivered, unless extended in writing by the Purchasing Division.

BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and 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. 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.

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15 Bidders Name: ____________________________
(Submit with Bid Proposal)
Base Bid:

Item 1: Whitendale Park Picnic Table Replacement (prices bid shall include all picnic tables, equipment, supplies, fuel, and labor costs)

Total Cost:

Removing the twenty (20) existing concrete picnic tables at the Whitendale Park arbor structures Nos. 1, 2, & 3 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level. Furnish and install seventeen (17) new 6-foot Kings River Casting Iron Valley Picnic Tables (or approved equal) and three (3) new 6-foot ADA compliant Kings River Casting Iron Valley Picnic Tables (or approved equal) at Whitendale Park arbor structures Nos. 1, 2, & 3 (see Site Plan for picnic table locations). $_____________________
Item 2: Blain Park Picnic Table Replacement (prices bid shall include all picnic tables, equipment, supplies, fuel, and labor costs)

Total Cost:

Removing the nineteen (19) existing concrete picnic tables, one (1) steel picnic table, and one (1) steel bench at the Blain Park arbor structures Nos. 1, 3, & 4 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level. Furnish and install fifteen (15) new 6-foot Kings River Casting Iron Valley Picnic Tables, (or approved equal), and three (3) new 6-foot ADA compliant Kings River Casting Iron Valley Picnic Tables, (or approved equal) at Blain Park arbor structures Nos. 1, 3, & 4 (see Site Plan for picnic table locations).
$_____________________
Item 3: Blain Park Arbor 3 Sidewalk Installation (prices bid shall include all equipment, material, fuel, and labor costs)

Total Cost:

Excavate, form, and pour a new five (5) foot wide x forty-five (45) foot long concrete sidewalk to Arbor 3 at Blain Park (see Site Plan for sidewalk location).

$_____________________
Base Bid Amount (Items 1-3): $_____________________

Alternate Item:

Item 4: Ruiz Park Picnic Table Replacement (prices bid shall include all picnic tables, equipment, supplies, fuel, and labor costs)

Total Cost for
Alternate Item
Amount:

Removing the eight (8) existing concrete picnic tables at Ruiz Park arbor structures Nos. 1 & 2 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level. Furnish and install six (6) new 8-foot Kings River Casting Iron Valley Picnic Tables, (or approved equal), and two (2) new 8 -foot ADA compliant Kings River Casting Iron Valley Picnic Tables, (or approved equal) at Ruiz Park arbor structures Nos. 1 & 2 (see Site Plan for picnic table locations).

$_____________________

The Lowest Bidder will be based on the Lowest Sum Total of the Base Bid plus Alternate Item Bid.

Signature of Authorized Person Title Date
Base Bid (Items 1-3) Alternate Item Bid (Item 4) Sum Total (Items 1-4) $ + $ = $
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16 Bidders Name: ____________________________
(Submit with Bid Proposal)

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 City License prior to commencement of work . Contact the Business Tax Division for information at (559) 713-4326 or [email protected].

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17 Bidders Name: ____________________________
(Submit with Bid Proposal)

CONTRACTOR’S REFERENCES: The following are the names, address es, 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 st ated 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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18 Bidders Name: ____________________________
(Submit with Bid Proposal)

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 t rade 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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19 Bidders Name: ____________________________
(Submit with Bid Proposal)

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 n 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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20 Bidders Name: ____________________________
(Submit with Bid Proposal)

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.

BID SUBMITTED BY:
(Please follow the instructions for each line, as explained below.)

(1) ____________________________________________________ ____________________ Bidding Firm Phone

(2) [ ] Corp: State of Incorporation:
[ ] Individual
[ ] Partner [ ] 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: _______________________ 149
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21 Bidders Name: ____________________________
(Submit with Bid Proposal)

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 the venture.

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 Ven ture Agreement or a recorded Statement of Joint Venture; and if the joint venturer is a corporation or a partnership signing on behalf of the 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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22 Submit with Bid Proposal

BID PROPOSAL CONTRACT

Accompanying this proposal is $________________________ cash, cashier's check, certified check, or bidder's bond in the amount equal to at least ten percent (10%) of the total bid.

The names of all persons interested in the foregoing proposal as principals are as follows:

IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, director and manager thereof and all stockholders owning more than 10% equity interest in corporation; if a co -partnership, state true name of firm, also names of all individual copartners composing firm; if bidder or other interested person is an individual, state first and last name in full.

______________________________________________________________________________ Print Name of Corporation or True Name of Firm
______________________________________________________________________________ Print Officer’s Name or Copartner’s Name and Title
______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title ______________________________________________________________________________ Print Officer’s/Stockholder Name or Copartner’s Name and Title

Licensed in accordance with an act providing for the registration of Contractors,

License No.______________________, Class of License(s) _____________________________,

License Expiration Date _____________________________________.

Department of Industrial Relations Registration No. _____________________________________.

The representations made herein are made under penalty of perjury. Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered non - responsive and shall be rejected by the City of Visalia.

Signature of Authorized Person(s)

______________________________________________________________________________ Signature Title

______________________________________________________________________________ Print Name
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23 NOTE: If bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; if bidder is a co-partnership, the true name of the partner or partners authorized to sign contracts on behalf of the co-partnership; and if bidder is an individual, his signature shall be placed above. If signat ure is by an agent, other than an officer of a corporation or a member of a partnership, a Power of Attorney must be on file with the City Clerk prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized.

Business Address ____________________________________________________________________ Street Address City State Zip Code

Business Telephone Number _____________________________________________________________

Place of Residence _______________________________________ Dated: __________________

E-mail

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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 prohi bit 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 compli ance 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 applicab le 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 che ck, 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 or in part of non - ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 154
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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 p erson 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 pro vide 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 agre es that a breach of this certification is a violation o f 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, semi - annually, 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 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 155
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(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 et seq.
(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.

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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 otherwis e 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 o f $2,000. The Contractor must comply with the Davis - Bacon 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 prevai ling 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. T he 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) The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt. 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, CONTRAC TOR 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 substan ce 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 individu al certificate for each contract, agreement, or purchase order. If the BIDDER elects to fill in the blank date, th en 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 n ational 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 sol icitations 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 compensati on 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 n otice 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 remedies invoked 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 o rders 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 159
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as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved 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 assis t 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 ref und 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. 160
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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 (con cerning 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 ste ps 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 b idding; 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 B IDDER 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. 161
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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 non- Federal 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 s ite, https://www.epa.gov/smm/comprehensive-procurement- guideline-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 telecom munications 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 expenditur e 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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(Submit with Bid Proposal)

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 agen cy 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 elect ronic 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 7 029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific 163
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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 reg istration for each contractor and subcontractor listed on the bid is required.

 As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations.

 As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html .

 The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.

 In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site.

 In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall;

o Maintain and furnish directly to the Labor Commissioner, bi -weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury.

o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for 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 direct ed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f).

 As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
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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 subco ntractor 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 pe nalty 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 projec t 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 ra tio 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:

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.

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37 Bidders Name: ____________________________
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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 execut e 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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38 SECTION 3

Sample Contract

Federal Wage Rates

City of Visalia Labor Compliance Manual

Additional Attachments

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39 SAMPLE CONTRACT
Park Picnic Tables Replacement Project
(City of Visalia Bid No. 23-24-38)

This Agreement, entered into and effective this ______ __ day of ________________, 2024 [“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:

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 fo r 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 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-38, Park Picnic Tables Replacement Project Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-38

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 23-34-38 for the stated compensation on or before the stated completion dates.

4. CITY COMMITMENTS:
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40 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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41 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.

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

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attention: _____________

D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

F. Integration/Modification: This Agreement and each of the documents and exhibits o r 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 mat ters 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 t his 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.

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42 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.

CONTRACTOR warrants that the materials and equipment furnished under the Agreement will be new and of recent manufacturer unless otherw ise 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 ha ving 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 un til 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.

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. 171
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43 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 sta te 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 Sanct ions 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.

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44 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.

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

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

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

b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the per formance 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 in surance 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 du ring 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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45 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 evide nce of the stipulated coverages.

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

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

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46 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:

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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Addendum #1 Park Picnic Tables Replacement Project Page 1 of 1

City of Visalia, CA Purchasing Division 707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801

REQUEST FOR BIDS RFB 23-24-38

PARK PICNIC TABLES REPLACEMENT PROJECT

ADDENDUM NO. 1

Issued: Monday, June 3, 2024
Bids Due: 2:00 P.M. on Wednesday, July 3, 2024
This Addendum is being issued to extend the deadline to submit bid and provide additional information. This addendum becomes part of the RFB 23-24-38 document and must be signed and submitted with the bid.

ITEM 1: EXTENSION OF BID SUBMITTAL DEADLINE
The deadline for submitting a bid in response to this solicitation has been extended as follows:

Bids are due no later than: 2:00 P.M. on Wednesday July 3, 2024.

ITEM 2: ADDITIONAL INFORMATION
Contractors who would like to propose a different picnic table from what is listed in the RFB Document, can submit the specifications of the picnic table they are proposing to [email protected] by Thursday, June 6, 2024 at 4pm.

The Project Manager will review the specifications of any proposed picnic tables and will determine if it is equal to the current specifications. Any “approved equal” picnic tables will be listed in a future addendum.

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

Firm: Date:

By:

Bidder’s Signature
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Addendum #2 Park Picnic Tables Replacement Project Page 1 of 8

City of Visalia, CA Purchasing Division 707 West Acequia Ave., Visalia, CA 93291 Tel: (559) 713-4334 Fax: (559) 713-4801

REQUEST FOR BIDS RFB 23-24-38

PARK PICNIC TABLES REPLACEMENT PROJECT

ADDENDUM NO. 2

Issued: Monday, June 24, 2024
Bids Due: 2:00 P.M. on Wednesday, July 3, 2024
This Addendum is being issued to provide a revised bid form, responses to questions, confirm picnic table specifications, provide additional information, and updated wages. This addendum becomes part of the RFB 23-24- 38 document and must be signed and submitted with the bid.

ITEM 1: REVISED BID FORM
Bid Form has been revised to specify that fifteen (15) new 6-foot picnic tables and three (3) 6-foot ADA compliant picnic tables are to be installed at Whitendale Park.

Please use the revised Bid Form included in this Addendum to submit your bid. As a reminder, please also complete and submit the required documents found on pages 16-37 of the RFB document and the Bidders Bond Form found as an attachment to this addendum.

ITEM 2: QUESTIONS/RESPONSES
Q1: Can you clarify what length bench for the 8’ ADA Tables? There is a 48”, 60”, and 72” bench available.

R1: 72” would be the bench length for an 8’ ADA table at Ruiz Park.

Q2: Have all the tables been purchased for this project already? R2: No, the tables have not been purchased. The awarded contractor will be responsible to supply them.

Q3: What is the liquidated damages amount?
R3: There are no liquidated damages for this project.

Q4: Can you please advise if the material for the replacement picnic tables for the "as equal" option need to be "cold roll steel" or is 11-gauge (pre-galvanized) steel square tubing an option? Are Powder coating or Thermo-coating allowed?
R4: No, 11-gauge square tubing is not an approved equal. Powder coating is the approved method of coating.

Q5: Can the concrete pads be removed and new concrete pads installed due to the existing cracks? R5: No. When removing the picnic tables, the contractor shall try to minimize the damage on the concrete pads. Epoxy can be used over cracks so that they are not trip hazards. If there are significant cracks on the pads after the picnic tables are removed, a change order may need to be completed.

Q6: What color should the epoxy be?
R6: It should match the color of the concrete pads.
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Q7: Can the 10% bidders bond be based on the labor amount only? R7: No, the 10% bidders bond must be for the total bid amount.

Q8: Can demolition equipment be brought onto the grass? R8: Yes, please coordinate with the project manager when the work can begin so that it does not interfere with any arbor reservations from the public.

Q9: How were the current picnic tables installed?
R9: Blain Park: Tables and benches are installed using rebar dowels and epoxy adhesive.

Whitendale Park: Tables and benches are installed using epoxy adhesive.

Ruiz Park: Tables and benches are installed using epoxy adhesive.

Q10: During construction, should a fence or tape be put up? R10: Contractor must ensure any hazards are removed or barricaded at the end of each workday.

Temporary fencing is not required.

Q11: Will the square concrete slab interfering where the sidewalk is to be installed by Arbor #3 at Blain Park be removed?
R11: Yes, the City will remove the square concrete slab that interferes with the sidewalk to be installed.

Q12: Are there restrooms at Ruiz Park or do we need to bring a portable toilet? R12: There are no restrooms at Ruiz Park. Contractor, at their own risk, may provide a portable toilet during the project.

Q13: Is there a specific layout how the new picnic tables should be installed? R13: Please refer to Exhibit D-4 for picnic table placement and product specifications.

Q14: Do bidders need to also provide a quote to fill in the existing cracks that are in the concrete? R14: Yes, bids should include the cost for the cracks and spalling concrete that were noted during the pre- bid meetings. Bids should also include repair for concrete areas directly under the table and bench footings that may be damaged during removal.

Q15: Can locations of the cracks be provided?
R15: Blain Park: One crack in arbor 1 and one in arbor 3.

Whitendale Park: Concrete spalling in arbor 1.

Ruiz Park: No cracks or spalling observed in either arbor.

Q16: We discussed having a path of travel where Arbor 3 is at Blain Park. Please let me know if we can also include the respective quote.

R16: The installation of a new 5-foot-wide sidewalk is listed as Item 3 of the cost sheet.

ITEM 3: CONFIRM PICNIC TABLE SPECIFICATIONS
The City received three requests from Park Planet, Tiercel Technology, and Zoom Recreation to review specifications of certain picnic tables and whether they could be considered approved equals of what was specified in the bid document. Unfortunately, all alternate requests being proposed are not approved.

The submittals from Park Planet and Tiercel have gap widths greater than our specified picnic table (1 inch compared to ¼ inch), while Zoom’s submittal is fabricated from a different material.

The larger gaps are not ideal, cups are easier to tip, utensils can fall through, and material wedged in between the tabletop slats. Also, the Tiercel submittal has a center support brace that can be vandalized, opposed to the table specified in the bid document with the support frame mounted to the tabletop.

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ITEM 4: ADDITIONAL INFORMATION
 Attached is the Bidders Bond Form that can be used to submit the 10% bidders bond with the Bid Packet.
 Attached are the sign in sheets for the pre-bid mandatory meetings.

ITEM 5: UPDATED PREVAILING WAGES
Prevailing wages were checked on June 24, 2024. Attached are the updated rates for the State wages.

These updated wages now apply to the wage specifications of this RFB.

There were no updates for the Federal wages. Federal wages originally posted with this RFB remain in effect.

END OF ADDENDUM NO. 2
/s/ Purchasing Division
(559) 713-4334
Bidders to sign and submit with Bid

Firm: Date:

By:

Bidder’s Signature

Attached to this Addendum:

1. Revised Bid Form

2. Bidders Bond Form

3. Pre-Bid Meeting Sign-In Sheets

4. Updated Prevailing Wages

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Attachment 1 to RFB 23-24-38, Addendum #2
REVISED BID FORM 06/24/2024

Bidders Name: ____________________________
(Submit with Bid Proposal)

BID FORM RFB NO. 23-24-38
Project: Park Picnic Tables Replacement Project

TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-38 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER 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 Sum Total price include all appurtenant expenses, taxes, royalties and fees.

LOWEST BIDDER will be determined by the Lowest Sum Total. The Sum Total is the Base Bid plus Alternate Item.

BIDDER proposes to furnish a Payment Bond in the amount of one hundred percent (100%) and 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. 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.

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Addendum #2 Park Picnic Tables Replacement Project Page 5 of 8 Bidders Name: ____________________________
(Submit with Bid Proposal)
Base Bid:

Item 1: Whitendale Park Picnic Table Replacement (prices bid shall include all picnic tables, equipment, supplies, fuel, and labor costs)

Total Cost:

Removing the twenty (20) existing concrete picnic tables at the Whitendale Park arbor structures Nos. 1, 2, & 3 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level. Furnish and install fifteen (15) new 6-foot Kings River Casting Iron Valley Picnic Tables (or approved equal) and three (3) new 6-foot ADA compliant Kings River Casting Iron Valley Picnic Tables (or approved equal) at Whitendale Park arbor structures Nos. 1, 2, & 3 (see Site Plan for picnic table locations). $_____________________
Item 2: Blain Park Picnic Table Replacement (prices bid shall include all picnic tables, equipment, supplies, fuel, and labor costs)

Total Cost:

Excavate, form, and pour a new five (5) foot wide x forty-five (45) foot long concrete sidewalk to Arbor 3 at Blain Park (see Site Plan for sidewalk location).

$_____________________
Base Bid Amount (Items 1-3): $_____________________

Alternate Item:

Item 4: Ruiz Park Picnic Table Replacement (prices bid shall include all picnic tables, equipment, supplies, fuel, and labor costs)

Total Cost for
Alternate Item
Amount:

Removing the eight (8) existing concrete picnic tables at Ruiz Park arbor structures Nos. 1 & 2 (see Site Plan & Arbor Locations Map, and Site Pictures). All concrete picnic table connections to existing concrete slabs must be removed or cut to ground level. Furnish and install six (6) new 8-foot Kings River Casting Iron Valley Picnic Tables, (or approved equal), and two (2) new 8-foot ADA compliant Kings River Casting Iron Valley Picnic Tables, (or approved equal) at Ruiz Park arbor structures Nos. 1 & 2 (see Site Plan for picnic table locations).

$_____________________

The Lowest Bidder will be based on the Lowest Sum Total of the Base Bid plus Alternate Item Bid.

Signature of Authorized Person Title Date

Base Bid (Items 1-3) Alternate Item Bid (Item 4) Sum Total (Items 1-4) $ + $ = $
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Addendum #2 Park Picnic Tables Replacement Project Page 6 of 8 Attachment 2 to RFB 23-24-38, Addendum #2

Submit With Bid

BIDDERS BOND

KNOW ALL MEN BY THESE PRESENTS: That we, ________________________________________ as principal, and ________________________________________ as surety, are held and firmly bound unto the City of Visalia in the sum of ten percent (10%) of the total amount of the bid price of the principal, to be paid to the said City for which payment well and truly to be made, we bind ourselves, our heirs, executors, and administrators, successors, or assigns, jointly and severally, firmly by these presented.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal has submitted the above- mentioned bid to the City of Visalia for certain construction specifically described in:

RFB 23-24-38
Project Name: Park Picnic Tables Replacement Project

NOW THEREFORE, if the aforesaid principal is awarded the contract, and within the time and manner required under the specifications, after the prescribed form in accordance with the bid, and files the two bonds with the City of Visalia, one to guarantee faithful performance and the other to guarantee payment of labor and materials, as required by law, then this obligation shall be null and void, otherwise it shall be and remain in full force and virtue.

In the event suit is brought upon this bond by the obligee and judgment is recovered, the surety shall pay all costs incurred by the obligee in such suit, including a reasonable attorney's fee to be fixed by the court.

IN WITNESS WHEREOF, we have set our hands and seals on this _______ day of ____________20_____.

_______________________________________
(Principal)

_______________________________________ ___________________________________ (Signature and Title) (Witness)

_______________________________________
(Surety)

_______________________________________ ___________________________________ (Signature and Title) (Witness)

SIGNATURES OF PRINCIPAL AND SURETY MUST BE WITNESSED BY NOTARY (Attach appropriate acknowledgment)

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Addendum #2 Park Picnic Tables Replacement Project Page 7 of 8 Attachment 3 to RFB 23-24-38, Addendum #2

Pre-Bid Meeting Sign-In Sheets

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Addendum #2 Park Picnic Tables Replacement Project Page 8 of 8

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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0301 Agenda Date: 8/19/2024 Agenda #: 5.

Agenda Item Wording:

Irrigation Well Emergency Repair - Authorize the City Manager to enter into an agreement with Kaweah Pump for $155,515 for emergency repair to the irrigation well at Stonebrook Park and appropriate an additional $71,100 from the General Fund.

Deadline for Action: 8/19/2024
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]> John Lollis, Assistant City Manager 713-4323; [email protected] <mailto:[email protected]> Department Recommendation:

Staff recommends the City Council approve an appropriation of $71,100 from the General Fund and authorize the City Manager to award an emergency irrigation well repair contract to Kaweah Pump, Inc. of Visalia, CA, in the amount of $155,515.

Background Discussion:

Summary:

The irrigation well at Stonebrook Park is the primary source of water for the Park’s irrigation system.

This well maintains the landscape for the 12-acre Park to include 10.8-acres of turf, as well as many established trees and shrubs. Staff found that the well was not producing water and the Park was drying. Kaweah Pump, Inc. was contacted to perform a diagnostic on the well and found that the water table has dropped below a safe operating level for the submersible pump. This caused the submersible pump to be without water during draw down, causing the pump to overheat and crack the housing. Kaweah Pump found that the well depth was 210’, the well pump was set at 189’, and that a new submersible pump could not be lowered to a safe operating level because of the current well depth.

Kaweah Pump was used to perform the initial well inspection given they were available to respond within twenty-four (24) hours to pull the well pump and perform the assessment. With Kaweah Pump performing the initial assessment, they have all the information that is needed to drill the well deeper and install the new submersible pump and equipment. They are also available to perform the well drilling and installation of equipment promptly by moving crews to complete the project and get irrigation restored at the Park.

Staff have also compared their estimated costs with the current well projects that are being performed at East Side Regional Park Basin G and they are comparable, with some materials costs lower than the Basin G project.

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File #: 24-0301 Agenda Date: 8/19/2024 Agenda #: 5.

Background:

The irrigation well at Stonebrook Park is currently not producing water. Staff noticed that the irrigation had not operated per schedule and the area was dry. Staff then tried testing the irrigation controller and could not get the well pump to operate correctly. The well equipment was vibrating excessively, and the system was setting off operational alarms and would not allow the variable frequency drive (VFD) to operate the well pump. Kaweah Pump was called on a service call to perform a diagnostic on the VFD. During the service call, the technician was able to operate the well by bypassing the VFD. and yet still could not produce water. The technician was concerned with the vibration of the well equipment and recommended the well pump be pulled and the well shaft videoed.

The well column pipe and submersible pump were removed to video the well to assess the ability of the well to produce water. With the submersible pump removed, Kaweah Pump was able to assess the water well. They determined that the standing water level was at 161’ and the pump was set at 189’. With the equipment set at the current depth the water level would drop during draw down below the pump set point, causing the submersible pump to be without water. This damaged the well pump beyond repair and because of the limitations of the current well depth.

Staff did explore other methods of irrigating the Park. During construction of Stonebrook Park a four- inch (4”) Cal Water service was installed as a secondary watering source to the irrigation well.

Unfortunately, this water service is unable to meet the irrigation demands of the park and is not adequately keeping the landscape alive. Staff also explored drilling a new well within the Park, but due to the topography of the landscape, limited space, and location of utilities, the only alternative is to drill within the existing casing to deepen the well.

Fiscal Impact:

During the 2023/24 Mid-Year Budget review process, funds were requested for a CIP project for the Emergency Well Repair at Stonebrook Park. At its meeting on April 15, 2024, the City Council approved the allocation of $100,000 in CIP CP0648 for the deepening and installation of new well equipment of the Stonebrook Park irrigation well. The total cost of the well project staff received is $151,551 and exceeds the budgeted amount. Staff is requesting an additional appropriation of $71,100 from the General Fund, which includes a ten percent (10%) construction contingency of $15,585 to cover any unforeseen issues that could arise while drilling.

Prior Council Action: April 15, 2024 - the City Council approved the appropriation of $100,000 in CIP CP0648 for the drilling of a new irrigation well at Stonebrook Park.

Other: None
Alternatives: Reject proposal for the emergency well repair and go out for a Request for Bids. This will delay the repairs and could lead to further loss of landscaping.

Recommended Motion (and Alternative Motions if expected):

I move to approve an appropriation of $71,100 from the General Fund and authorize the City Manager to award an emergency irrigation well repair contract to Kaweah Pump of Visalia, CA, in the amount of $155,515.

Environmental Assessment Status: N/A
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File #: 24-0301 Agenda Date: 8/19/2024 Agenda #: 5.

CEQA Review: N/A
Attachments: Kaweah Pump, Inc. Repair Quote, Stonebrook Park Wellbore Inspection Report Visalia City Council Printed on 8/16/2024Page 3 of 3
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Estimate
DATE7/9/2024
15499 Ave 280
Visalia, CA 93292 Customer IDStoneBrook Park
Phone (559) 747-0755 Fax (559) 747-3881
Estimate valid until:8/9/2024
Estimate For: City of Visalia Prepared by:Carlos Trevino Cel 559-750-2620
SALESPERSON P.O. NUMBER SHIP DATE SHIP VIA TERMS
Carlos T. Due on receipt

QUANTITY DESCRIPTION UNIT PRICE AMOUNT
400 Feet 8.625X.250X20’ Blank steel pipe $ - 1 8” Drive shoe on NS-MM9413 $ - 1 Air Lifting $ -
1 Seal Annular $ -
1 Plans & Permits $ -
200 Drilling new hole W/ casing Driver $ - 1 Bring in DG, roadbase, skidsteer, & excavator. $ - Build up foundation & packdown for drilling rig. $ - 1 Install casing in existing hole, 119,409.79 $ 119,409.79 and prep for deepening. $ -
105 Feet 4” T&C Steel pipe 12.29 $ 1,290.45 1 10,953.82 $ 10,953.82
1 MISC> PARTS sub Cable, electrical tape, ETC. 5,500.00 $ 5,500.00 EQUIPMENT ______ $ -
36 LABOR Install pump & development of well 360.00 $ 12,960.00 15 LABOR Install sub ,Verify rotation, & VFD Check 360.00 $ 5,400.00 SUBTOTAL $ 137,154.06
TAX RATE 0.00%

SALES TAX -
LABOR 18,360.00
TOTAL $ 155,514.06
Customer Signature __________________________ Date _________ KPI Rep Signature ___________________________ Date _________ If you have any questions concerning this estimate, please contact us @ 559-747-0755 New pump & motor 200@80PSI
This estimate is for completing the job described above, based on our evaluation. It does not include additional labor and materials which may be required.

THANK YOU FOR YOUR BUSINESS!
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License #826935 Class A, C-57THANK YOU FOR YOUR BUSINESS! 270
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0312 Agenda Date: 8/19/2024 Agenda #: 6.

Agenda Item Wording:

Water Management Plan - Consider approval of 2024 Water Management Plan submitted by the Visalia Water Management Committee.

Deadline for Action: 8/19/2024
Submitting Department: Administration
Contact Name and Phone Number: Jennifer Gomez, Management Analyst, (559) 713-4053 Department Recommendation:

It is the recommendation of staff that City Council approve the 2024 Visalia Water Management Plan.

Background Discussion:

In 2001, the City of Visalia (City) partnered with the Kaweah Delta Water Conservation District (KDWCD) for the purpose of water resources management, supplemental surface purchases, and necessary or opportunistic projects on behalf of the City’s benefit. The contract (Contract) is valid for a term of 40 years, at which time both parties have the option to re-negotiate terms.

According to the terms of this agreement, KDWCD will perform these tasks on behalf of the City in exchange for $100,000 annually at the time of the agreement, adjusted annually for inflation. The funds are designated for beneficial purchases and/or projects, when such purchases are considered economically feasible. As a result of unpredictable and alternating wet and dry years, opportunities to purchase additional water supplies are not constant and highly volatile. Years in which reasonable supplemental resources are unavailable, un-utilized funds are rolled over into the following year.

As per the Contract, KDWCD is obligated to provide a management plan for the incoming year for the City Council to approve. Below is a description of the 2024 Visalia Water Management Plan (Plan). A copy of the Plan has been included as an attachment.

A majority of the Plan is comprised of pre-existing goals outlined by the Management Committee and includes basic actions such as location and purchase of supplemental surface supplies, further assessment of potential water recharge facilities, and investigation and pursuit of available water rights for the purposes of groundwater recharge. The Plan also includes a contingency for the KDWCD to be authorized to purchase a maximum of $300,000 worth of water supplies not to exceed $150 per acre-foot for the benefit of the City with consent from by the District General Manager and the Visalia City Manager. This authorization is to prevent a delay of purchase when action is required sooner than the Management Committee has the ability to convene.

Fiscal Impact:

In Fiscal Year 2023/24, the City paid $14,251.55 a month, totaling $171,018.62. With an adjustment Visalia City Council Printed on 8/16/2024Page 1 of 2
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File #: 24-0312 Agenda Date: 8/19/2024 Agenda #: 6.
for inflation, the City is paying $14,750.72 a month in the current fiscal year. These costs are paid from multiple revenue sources including Ground Water Extraction fees collected through Cal Water, and City fees collected from Ground Water Mitigation impact fees and Water Recharge fees.

Prior Council Action: City Council approved the 2023 Visalia Water Management Plan in March of 2023. City Council approved the original Plan in December of 2001.

Other: N/A
Alternatives: The City Council may choose to not approve the Plan in which case the Management Committee would be required to re-convene and submit a modified plan.

Recommended Motion (and Alternative Motions if expected):

Recommend to approve the 2024 Visalia Water Management Plan as submitted by the Kaweah Delta Water Conservation District.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 2024 Visalia Water Management Plan
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VISALIA WATER MANAGEMENT COMMITTEE

2024 Annual Plan
Background
On December 31, 2001, the City of Visalia (“City”) and the Kaweah Delta Water Conservation District (“District”) entered into an Agreement (“Agreement”), a copy of which can be found attached to the Minutes of the October 2, 2001 meeting of the Board of Director’s for Kaweah Delta Water Conservation District. The Agreement provides that a Management Committee be formed. The Management Committee is to be comprised of representatives of the City and District. Specifically, the Management Committee is to be “comprised of one member from each of the governing boards and other staff and technical representatives of the City and the District.” The Management Committee is required to meet “as necessary.” Further, the Agreement directs that the Management Committee “shall each year develop an annual plan to achieve the purpose as specified in paragraph 1 which plan shall be mutually agreeable to the parties hereto.” This document is intended to fulfill the requirement for the Management Committee, which has become known as the Visalia Water Management Committee, to develop an annual plan.

Objectives
According to the Agreement, the primary purpose of the Agreement and the Management Committee “is to maintain existing water rights and acquire additional water supplies for the primary benefit of the residents of the City of Visalia.” Another purpose of the Agreement “is to provide funding mechanisms for the maintenance and acquisition of such water supplies and for the construction of facilities necessary to apply such water to the benefit of the residents of the City.” In the Agreement, the City and the District expressed their intent “that the activities undertaken pursuant to this program will result in maintenance and enhancement of groundwater levels in and around the City.” Finally, the document provides that “each year an annual plan will be developed to identify specific activities to meet these purposes.

Short Range Goals
In the near term, the Management Committee intends to continue to accumulate money in its funds as a result of the annual contributions by the City as required by the Agreement. Of the monies collected in the fund, it intends to spend approximately 70% toward water project design, construction and land rights, 20% toward water purchases and 10% toward the purchase of water rights.

Long Range Goals
The Water Management Committee’s long term objectives are to replenish and enhance the groundwater used by the City to provide water to the residents of the City.

By doing so it hopes to eventually achieve an ongoing and long-term balance between groundwater extractions and groundwater replenishment in the groundwater basin utilized to provide water to the residents of the City. 277
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Action Items
The City and the District, by their adoption of this 2024 Annual Plan, hereby authorize certain actions to be taken during 2024 as follows:
1) For both the District and the City to carry out the purposes as established by Section 1 of the Agreement to the benefit of groundwater utilized to provide water to the residents of the City.
2) For both the District and the City to participate in Management Committee meetings upon reasonable call and notice by either party. Regularly scheduled meetings shall occur semi-annually and be set for the third Tuesday of the months of May and November at 3:00 pm at the District’s office. 3) For the City to make the annual payment as required by Section 3 of the Agreement; and
4) For the District to administer program funds as directed by the Management Committee. The following funding objectives have been established so as to provide for a means to carry out the purposes of the Agreement. Funding objectives are presently set at 70 percent for groundwater improvement projects, 20 percent for surface water purchases for groundwater recharge and 10 percent for acquisition of available surface water rights; and
5) For the City and District to continue to investigate and pursue groundwater recharge improvement projects including studies for delivery system improvements and optimization. The program herein allocates $15,000 for preliminary investigation toward the research and development of possible future projects.
6) Upon mutual agreement by the District General Manager and the City Manager, without further approval from the Management Committee, to use the agreement’s program funds on deposit with the District to purchase up to $300,000 worth of water, at a rate of no more than $150 per acre foot, and import such water into the Kaweah Basin for recharge in basins, natural channels and artificial channels located either within the City or within close enough proximity to the City, on an annual basis; and
7) For the City and District to continue to survey, identify and acquire property rights for parcels of real property that might be available in or about the City for purchase and development as groundwater recharge basins; and 8) For the City and District to continue to survey, identify and acquire water rights that might be available for purchase in order to supply an ongoing source of water for groundwater recharge; and
9) For the District to complete and provide the City with an annual report detailing the accomplishment of the aforementioned action items.
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Approval
This 2024 Annual Plan shall be deemed approved and in effect once it has been reviewed and approved by a majority vote of the City Council of the City and by a majority vote of the Board of Directors of the District. 1) The Board of Directors of the District approved this 2024 Annual Plan during their regular meeting on __________________
2) The City Council of the City approved this 2024 Annual Plan as herein presented at a regular meeting on _________________
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0331 Agenda Date: 8/19/2024 Agenda #: 7.

Agenda Item Wording:

Citizens Advisory Committee Appointments - Approve the Citizens Advisory Committee’s recommendation to appoint Mario Fierro to fill a vacant voting position on the Citizens Advisory Committee. In addition, approve the re-appointment of current committee members Edward Jones, William Mann, and Bryan Prosser to a second term.

Deadline for Action: 8/19/2024
Submitting Department: Public Works
Contact Name and Phone Number: Captain Luma Fahoum, [email protected] <mailto:[email protected]>, 713-4103; Jason Serpa, Public Works Manager, [email protected], 713-4533
Department Recommendation:

Approve the Citizens Advisory Committee’s recommendation to appoint Mario Fierro as a voting member of the Citizens Advisory Committee. Mr. Fierro would take over a vacated position with a term to begin on 9/1/2024 and end on 6/30/2026. In addition, approve the re-appointment of current committee members Edward Jones, William Mann, and Bryan Prosser to a second term that will run until 6/30/2026.

Background Discussion:

The Citizens Advisory Committee (CAC) consists of eleven (11) members. There are currently two (2) vacancies on the committee. If this appointment is approved by Council, Mario Fierro will fill the vacancy for a vacated position with a term that ended in June of 2024. If appointed, Mr. Fierro will fill a first term of 9/1/2024 through 6/30/2026. The other vacant position was recently vacated by the outgoing Chairman, Frank Ruiz, who served his completed 3-term maximum.

Three current members are also up for re-appointment for a 2nd term of 7/1/2024 - 6/30/2026. These members are the current Chairman Edward Jones, and committee members William Mann and Bryan Prosser.

The CAC meets monthly for a variety of purposes including:
· Annually review the City’suse of the Measure T Public Safety Sales Tax commenting on the City Manager’s certified budget and the outside auditor’s review of monies spent. · Provide two (2) members to sit on the Measure N Oversight Committee. · Provide training, review, and recommendations to Council for the distribution of non-profit youth grants.
· Provide input on the City’suse of Community Development Block Grants (CDBG) and other Visalia City Council Printed on 8/16/2024Page 1 of 3
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File #: 24-0331 Agenda Date: 8/19/2024 Agenda #: 7.
programs from Housing and Urban Development (HUD).
· Provide Council feedback on an annual basis with regards to proposed new and/or increased fees and rates.

If the recommended re-appointments and new appointment of Mario Fierro is approved by Council, the eleven (11) member committee will be made up of the following members:

CITIZEN’
S

ADVISOR
Y

COMMITT
EE Acts as
a liaison
between the
general
public and
the City
Council
concerning
community
issues.

Meetings held
the 1st
Wednesday
of each
month at 5:30
p.m. at City
administration
Building, 220
N. Santa Fe
St. Staff Rep:

Jason Serpa
and Luma
Fahoum;
Members: 11
Members - 2-
year term
length/3 max.
terms.

1. Jones, Ed 1st term: 7/2022-6/2024; 2nd term 7/2024-6/2026

2. Johnson, Alana 1st term: 7/2023-6/2025

3. Stewart, Glen 1st term: 7/2021-6/2023; 2nd term: 7/2023-6/2025

4. Donabed, Rebecca 1st UET: 7/2021-6/2023; 2nd

5. Reeves, Jim 1st UET: 3/2024-6/2025

6. Vacant 1st term: 7/2024-6/2026

7. Appelbaum, Julie 1st term: 11/2023-6/2025

8. Mann, William UET: 11/2023-6/2024; 2nd term 7/2024-6/2026

9. Prosser, Brian 1st term: 7/2022-6/2024; 2nd term 7/2024-6/2026

10. Salgado, Miguel 1st UET: 7/2022-6/2023; 2nd term: 7/2023-6/2025

11. Vacant Term ended 6/2024Visalia City Council Printed on 8/16/2024Page 2 of 3 powered by Legistar™
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File #: 24-0331 Agenda Date: 8/19/2024 Agenda #: 7.

CITIZEN’
S

ADVISOR
Y

COMMITT
EE Acts as
a liaison
between the
general
public and
the City
Council
concerning
community
issues.

Meetings held
the 1st
Wednesday
of each
month at 5:30
p.m. at City
administration
Building, 220
N. Santa Fe
St. Staff Rep:

Jason Serpa
and Luma
Fahoum;
Members: 11
Members - 2-
year term
length/3 max.
terms.

1. Jones, Ed 1st term: 7/2022-6/2024; 2nd term 7/2024-6/2026

2. Johnson, Alana 1st term: 7/2023-6/2025

3. Stewart, Glen 1st term: 7/2021-6/2023; 2nd term: 7/2023-6/2025

4. Donabed, Rebecca 1st UET: 7/2021-6/2023; 2nd

5. Reeves, Jim 1st UET: 3/2024-6/2025

6. Vacant 1st term: 7/2024-6/2026

7. Appelbaum, Julie 1st term: 11/2023-6/2025

8. Mann, William UET: 11/2023-6/2024; 2nd term 7/2024-6/2026

9. Prosser, Brian 1st term: 7/2022-6/2024; 2nd term 7/2024-6/2026

10. Salgado, Miguel 1st UET: 7/2022-6/2023; 2nd term: 7/2023-6/2025

11. Vacant Term ended 6/2024
New Applicant:

Mario Fierro has been a Visalia resident for 45 years with experience in utilities and general construction fields. Mr. Fierro is interested in serving on the Citizens Advisory Committee so that he may help in bridging gaps in the overall community understanding of municipal and public affairs, as well as being able to bring his integrity to a committee. Hoping to learn a lot from his appointment, Mr. Fierro hopes that his commonsense approach will help him make a difference.

Fiscal Impact:

N/A
Prior Council Action: Council has historically affirmed the recommendations of the CAC related to the appointment of new members.

Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Approve the Citizens Advisory Committee’s recommendation to appoint Mario Fierro to a vacant position on the committee. If appointed, Mr. Fierro would fill a term that begins 9/1/2024 and ends on 6/30/2026. In addition, approve the re-appointment of current committee members Edward Jones, William Mann, and Bryan Prosser to a second term that will run until 6/30/2026.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Application - Mario Fierro
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0310 Agenda Date: 8/19/2024 Agenda #: 8.

Agenda Item Wording:

Authorization of Facility Use Agreement - Authorize the City Manager to execute a Facility Use Agreement with Visalia American Youth Soccer Organization Region 129 for specified use of Riverway Sports Park for up to a five (5) year term effective August 2024 through July 2029.

Deadline for Action: 8/19/2024
Submitting Department: Community Services
Contact Name and Phone Number: Laurissa Roggenkamp, Recreation Manager, 713-4336, [email protected] <mailto:[email protected]>; and John Lollis, Assistant City Manager, 713-4323, [email protected]
Department Recommendation:

Staff recommends that the City Council authorize the City Manager to execute a Facility Use Agreement with Visalia American Youth Soccer Organization (AYSO) Region 129 for specified use of Riverway Sports Park for up to a five (5) year term effective August 2024 through July 2029.

Background Discussion:

The City has had Facility Use Agreement with AYSO since 2007, with the most recent Agreement expiring November 2023. The first Agreement was effective August 2007 through December 2017. The last Agreement was effective August 2018 through November 2023. Staff has discussed proposed updated contract terms with league representatives toward a new Agreement. Attached is a draft of the proposed Agreement with a term of one (1) year with four (4) one-year extensions for a total of up to five (5) years, effective May 2024 through April 2028.

The proposed Agreement will provide AYSO with priority right of use of the soccer fields, Saputo field, Special Event Promenade and southside concession stand at Riverway Sports Park for regular season game play in the Fall season. The Fall season use begins on the third Saturday of August and ends on the fourth Saturday of November, between the hours of 7:00 a.m. and 10:00 p.m.

In exchange for the above referenced use, AYSO shall pay the City for field usage, field light usage, and additional refuse and restroom services. The City shall invoice AYSO monthly for all fees described below:
· Field Usage fee is discounted to twenty-five percent (25%) of the hourly Private rate listed in the City’s Fees and Charges Schedule. These rates are updated each fiscal year with approval of City Council. o Fiscal Year 2024-2025 Private rental rate is $16.50 per hour per field, with the discounted rate of $4.13 per hour per field.
· Field lights use shall be charged at the full hourly Non-Profit rate listed in the City’sFees and Charges Schedule. These rates are updated each fiscal year with approval of City Council. o Fiscal Year 2024-2025 Non-Profit rate is $20.60 per hour per field. · Concession stand use fees would not be charged given AYSO contributed $100,000 to the initial park build project to offset park development costs. Comparable Facility Use Agreements (e.g. Cal Ripken and Little League) charge $30 per day given the leagues own the equipment in the concession stand.

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All uses outside of the specified period shall be billed at the current City’s Fees and Charges Schedule.

The proposed rates are the same reduced percentage that has been provided to other youth sports organizations providing recreational type options for Visalia (i.e. Cal Ripken, Visalia Youth Softball Association, Little League, Kaweah Softball) through Facility Use Agreements with the City.

In addition to the above facility use fees, and in exchange for reduced facility use rates, AYSO shall annually provide in-kind improvements to the soccer fields, concession stand, or general park area in an amount equal to or greater than $2,750 per year.

In accordance with the City’sFacility Priority Use Policy, AYSO shall annually submit a request for field use application. AYSO may only request the amount of field space to accommodate regular season play games.

Any time and/or field not being utilized by AYSO shall be allocated to another facility user, provided that said use does not conflict with AYSO’suse of the premises. AYSO may not schedule more than ten (10) games per hour.

AYSO shall have exclusive use of the Riverway Sports Park soccer fields and southside concession stand for two (2) weekends (Saturday and Sunday) per year for tournament play at the above contractual rate. AYSO shall provide written request of tournament dates at least ninety (90) days in advance.

Maintenance of the facility will be shared between the City and AYSO. The City will be responsible for regular grounds maintenance, including maintenance of the irrigation system, mowing the outfields, fertilization and weed and rodent control. AYSO shall be responsible for the preparation of the playing fields on its game dates.

AYSO has been a committed supporter and partner with the since the inception of Riverway Sports Park.

AYSO contributed to the initial project by donating $100,000 to offset park development costs. AYSO also purchased and donated heavy-duty portable soccer goals for the facility, an additional $40,000 contribution.

Fiscal Impact:

Projected revenue based on agreement dates and times, actual revenue may vary based on actual field and light usage:

Fall: $ 8,673 Soccer Field Use (10)
$ 867 Special Event Promenade Field Use
$ 11,536 Soccer Field Light Use (10)
Projected Revenue Total: $21,076
Prior Council Action: Council authorized a prior Facility Use Agreement on November 5, 2018.

Other: N/A
Alternatives: 1. AYSO pay full rate for field and/or concession stand use based on City’s approved Rates and Fees Schedule.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to execute a Facility Use Agreement with Visalia American Youth Soccer Organization Region 129 for specified use of Riverway Sports Park for up to a five (5) year term effective August 2024 through July 2029.

Environmental Assessment Status: N/A
CEQA Review: N/A
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Attachments: Draft Facility Use Agreement
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1 FACILTY USE AGREEMENT BETWEEN

THE CITY OF VISALIA (CITY) AND
VISALIA AYSO REGION 129 (AYSO)
Riverway Sports Park Soccer Complex

THIS LEASE AGREEMENT made and entered into as of the of __________ 2024, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and VISALIA AYSO REGION 129, hereinafter referred to as “AYSO”;

WITNESSETH:

For and in consideration of the covenants and agreements hereinafter contained on the part of AYSO to be kept and performed, and in consideration of the usage costs to be paid to CITY as hereinafter set forth, CITY hereby agrees to enter into a FACILITY USE AGREEMENT with AYSO, for use of Riverway Sports Park, including the use of soccer fields, Saputo Field, Special Event Promenade, the use of the concession stand and storage room as identified in Attachment A, for specified dates and times listed within agreement for regular games.

1. TERM
The term of this LEASE AGREEMENT is one (1) year , with four (4) one -year extensions , commencing on August 1, 2024 and ending on July 31, 2029.

Annually, AYSO shall submit a request in writing by May 1 st expressing their intent to exercise
the contract for additional year. Upon mutual agreement of the CITY, the Facility Use Agreement may be extended for any additional one -year term remaining within the agreement term.

2. FEES AND CHARGES
AYSO rental fee equal to 25% of the hourly Private rate listed in the City’s Fees and Charges Schedule. Field light use shall be charged at the full fee listed in the City’s Fees and Charges Schedule. Charge to AYSO for use of the concession stand for sales/operations shall be waived, as AYSO had donated $100,000 in 2007 to assist the City with the funding to build Riverway Sports Park. The City’s Fees and Charges Schedule are set annually and are approved by City Council in June for the next fiscal year, July 1 – June 30. As rates are adjusted, so shall AYSO ’s field rental rate, field light use rate, and concession stand rate.

Depending on the size of the athletic event and impact that it may have on the public’s use of the facility, CITY may require AYSO to reserve additional park amenities, such as picnic arbors, at the hourly Non-Profit rate listed in the City’s Fees and Charges Schedule.

All uses outside of the contract period shall be billed at the current Non-Profit rate list o f the City’s Fees and Charges Schedule.

The City shall invoice AYSO at the end of each month of use for all fees as described above.

Payment is due within thirty (30) days of invoice. All payments not received by the due date listed on the invoice shall be subject to a two percent (2%) late fee penalty of the amount due per invoice.
290

2 In addition to the above facility use fees, and in exchange for the reduced facility use rates, AYSO shall provide improvements to the soccer fields, concession stand, or general park area on an annual basis in the amount no less than $2,750 per year. Said improvements shall be completed in accordance with Section 19 of FACILITY USE AGREEMENT.

3. USE
The CITY adopted a Facility Use Policy in December 18, 2012. The policy is used to determine use for recreational facilities, see Attachment B. Pursuant to this FACILITY USE AGREEMENT and in accordance with the City’s Parks and Recreation Facility Use Policy , section IV Eligibility AYSO shall have P riority 1 level 2 right of use after City activities and programs of the Riverway Sports Park Soccer fields; including soccer fields, Saputo field, Special Event Promenade, and concession stand for the dates listed below for the contract period.

Section IV Eligibility states “facility use shall be granted based on the following priority:

Priority 1:

1. City activities and programs.

2. Facility use agreements (organizations having special status assigned by City Council action as a result of having historical use of facilities).

Prior to each season AYSO shall submit a request for league start and end dates, time blocks per field use in accordance with the City’s Parks and Recreation Facility Use Policy Section III Facility Request Use Deadlines, requests must be in writing . No less than ten business days prior to season start date AYSO shall submit in writing a finalized comprehensive game schedule .

Concession stand use for sales/operations must also be in writing with start and end time blocks for hours of operation (when open for sales). AYSO may only request the amount of field space to accommodate regular season play games.

AYSO acknowledges that any time and/or field not being utilized by AYSO shall be allocated by the CITY to another facility user, provided that said use does not conflict with AYSO’s use of premises.

Fall season game use shall be from the third Saturday of August until the fourth Saturday of November. Fall priority right of use will be on Saturdays from 7:00 a.m. until 10:00 p.m. for league game play. AYSO may not schedule more than ten (10) games per hour.

CITY agrees that AYSO shall have exclusive use of the premises two times per year for tournament play. AYSO must submit in writing no less than ninety (90) days advance notice through the City’s application process, CITY maintains the authorization to deny request if requested dates impede on another event or use of the facility. Any tournament or event that exceeds more than one thousand (1,000) attendees may be required to complete additional permitting processes.

CITY shall have the right of access to the premises at all times. AYSO agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of AYSO’s recreational league for game play. 291

3 AYSO acknowledges that there will not be any “gate” or admission charge for regular season play or any charges for parking. CITY acknowledges and permits, without revocation, the right for AYSO to charge “gate” or admission to the facility for the purpose of post season tournament play only. AYSO acknowledges that if they do charge “gate” or admission charge they will be required to pay the full hourly Non -Profit rate listed in the City’s Fees and Charges Schedule.

Prior approval from CITY to charge admissions fees is required.

AYSO agrees to use the premises and property which are the subject of this FACILITY USE AGREEMENT, exclusively in connection with the operation of the Visalia Youth Soccer Organization and its related activities.

Outside of the regular season of use AYSO agrees to contact the CITY , no later than three - business days in advance, to request authorization to access the park yard for any off -season access to the storage units . The CITY reserves the right to deny access to the park yard if site is being utilized by staff or other groups/programs. If access is denied the CITY will assist in developing an appropriate schedule for AYSO’s access.

The CITY reserves the right to cancel or suspend any scheduled use by AYSO in the case of inclement weather or other conditions that threaten the health and safety of participants and/or may result in damage of City facilities. Representatives from t he CITY and AYSO may meet prior to scheduled use, if feasible, to assess the conditions of the park and determine what can be done to protect the turf and/or public interest. The final decision to cancel an event will be determined by the City’s Director of Parks & Recreation or their designee.

4. CONCESSION STAND
AYSO is exclusively responsible for the operation of the concession stand and for the direction and control of all volunteers and/or employees employed and/or contractors in concession operations during AYSO’s designated and agreed upon times to operate at the facility.

In the operation of said concession stand, AYSO shall comply with and provide copies of all applicable permits and requirements set forth by the Tulare County Health and Human Services Agency. The CITY shall not be responsible for damage and/or theft of personal property of AYSO.

CITY shall be responsible for ensuring concession stand facility is clean and ready for use prior to the start of season.

AYSO shall ensure that the concession stand is left clean and in good repair after each use. At the conclusion of each season, AYSO shall be responsible for returning the facility to the state it was in prior to their usage, ordinary wear and tear accepted.

AYSO shall remove all perishable food and counter-top appliances from the common areas, floors, walls, and assigned cabinets shall be free of debris and cleaned. Perishable food shall be removed from all storage areas. If personal property is not removed as required herein, the CITY will remove the items and invoice AYSO the direct cost including staff time associated with 292

4 removing their items.

5. ADDITIONAL SERVICES
Due to the size and nature of AYSO’s program, additional services, above and beyond normal operational services provided by the City, are required. a. Portable restrooms – When anticipated attendance is more than 600 per hour, AYSO shall provide additional portable restrooms. If additional services are needed or requested solely for AYSO’s use, AYSO shall pay the CITY for the cost incurred for additional services. Such costs shall be invoiced each month. Payment for additional services is due within thirty (30) days of receipt.
b. Refuse:
i. CITY shall be responsible to dump the trash cans and blow the common areas one (1) time every morning of scheduled use.
ii. AYSO shall be responsible to provide additional appropriate refuse and/or recycle containers to accommodate trash generated by its participants. iii. AYSO shall be responsible to collect any trash/litter and dump the trashcans throughout the s occer complex, including spectator areas, restrooms, playing fields, concessions, and storage throughout their scheduled use of the facilities and a final dumping of all trash at the end of each day of use. a. If AYSO fails to collect any trash/litter and dump the trashcans at the end of each day of use, the CITY will render these services and invoice AYSO the direct cost including staff time associated and a penalty fee of $100 per occurrence.
c. Restroom service:
i. CITY shall be responsible for routine and ordinary cleaning and stocking the restrooms for each day of scheduled use; one (1) time daily. ii. AYSO shall be responsible for providing additional appropriate stocking of the restroom throughout their scheduled use of the. This includes ensuring that floors are free of debris, trash cans are emptied, toilets are flushed, and sinks are free of debris.

6. FACILITY MAINTENANCE
AYSO shall assume responsibility for all maintenance, damage, repair , and upkeep of the aforementioned premises during AYSO use, excepting CITY’s maintenance and upkeep as set forth in Section 8. AYSO agrees to immediately notify CITY (within 24 hours) of any damage to the premises including such items as the concession stand or restroom, fixtures, equipment, soccer goals, grounds, landscaping, sprinklers and irrigation, so that CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed. Furthermore, CITY shall have sole discretion in determining whether the damage or destruction mentioned above resulted from or in connection with AYSO.

Throughout the AGREEMENT term, AYSO shall agree to maintain its personal property (portable equipment, storage units, etc.) in a manner agreeable to CITY. AYSO shall be responsible for picking up and disposing of trash and litter after each use as set forth in section 5.

AYSO shall also be responsible for any repair or maintenance resulting from vandalism and/or graffiti on equipment or structures that are owned by AYSO. Said graffiti removal shall be 293

5 completed in accordance with the current Ordinance governing graffiti removal in the City of Visalia.

7. GROUNDS MAINTENANCE
CITY shall be responsible for regular grounds maintenance , including maintenance of the irrigation system, regular mowing of the fields and fertilizing, spraying for weeds, and gopher/rodent control, throughout the calendar year. CITY shall also be responsible for major structural repairs and/or capital improvements to the premises which are the subject of this FACILITY USE AGREEMENT. CITY shall have the sole discretion of determining what constitutes major structural and/or capital improvements. CITY further agrees to be responsible for the damage and/or repairs caused by organizations, groups and/or special events held on the premises and scheduled by the City of Visalia.

AYSO shall assume responsibility for p reparation of playing fields (field lines, goals, nets, etc.) prior to games. At the end of each day of use AYSO shall be responsible to remove all personal equipment and to move and lock soccer goals to specified locations determined by CITY.

8. FACILTY INSPECTIONS AND EXPECTIONS
CITY and AYSO representatives shall inspect the facility and grounds prior to the commencement of each season , during each month of the season, and following the conclusion of each season. CITY will utilize the Inspection Sheet (Attachment C), as it may be amended from time to time, to document the status of the facility during each inspection.

CITY shall be responsible for ensuring facility is clean and ready for use prior to the start of season. At the conclusion of each season, AYSO shall be responsible for returning the facility to the state it was in prior to their usage.

9. STORAGE:

AYSO shall be allowed to maintain two (2) storage/maintenance containers (sea train) subject to CITY approval in an area designated by CITY for such use. Container may not to exceed 20’x 8’ and must comply with CITY standards as to size, location, maintenance/ condition, and color of such storage container(s).

AYSO shall keep containers clean and well maintained. Containers shall not display advertising for any business (other than the manufacturer of the container). AYSO shall monitor, inspect, and remove any graffiti and make repairs as needed within ten days. No chemicals or flammable materials of any kind are to be stored within the containers. Storage of approved field/turf marking paint will be allowed.

AYSO must obtain and retain proper insurance for storage containers and their contents for the duration of the F ACILITY USE AGREEMENT set forth in Section 1 6. AYSO shall submit an inventory list at the beginning of each season of the items stored in the containers. AYSO storage is solely for the purpose of AYSO equipment. Equipment not owned or leased by AYSO is not permitted to be stored in any AYSO storage areas. Access to the containers is permitted only to AYSO board members and volunteers.

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6 The CITY is not responsible for damage and/or theft to AYSO property while stored at the facility.

10. PARKING / USE OF MOTORIZED VEHICLES
Vehicles must be parked in designated parking areas. AYSO may not charge for parking without written consent from the CITY. AYSO may not reserve parking spots without written consent from CITY. RV parking shall be restricted to the north overflow lot on Riverway Drive.

Overnight camping is not allowed.

The use of motorized utility vehicles including but limited to golf carts, GEM cars, and Gator vehicles is restricted to licensed drivers and use of vehicles must be in conjunction with program functions and/or duties.

11. OUTSIDE VENDORS
Only AYSO is permitted to provide goods and/or services under the agreement. If AYSO desires to have an outside vendor provide food, entertainment, goods or other services, such vendor must be pre-approved in writing by the City of Visalia. AYSO shall submit in writing a request for the outside vendor no less than ten (10) business days prior to the desired date of vendor rendering service. Only vendors with a valid City of Visalia Business Tax Certificate and other permits as required by Tulare County and/or the State of California will be considered. Authorized vendors must provide the City of Visalia with a certificate of insurance naming the City of Visalia as additionally ensured for the date(s) and time(s) of service.

12. SECURITY
AYSO shall provide supervision at all scheduled activities, including crowd control, at a level satisfactory to CITY , sufficient to e nsure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT. This shall include the presence of AYSO Board Members while games are in progress.

The CITY shall assign AYSO keys to the facility prior to the start of each season. Refer to Section 3 regarding facility access during off-season.

AYSO acknowledges that additional security measures, such as but not limited to, video recording cameras cannot be installed or placed within the premises without CITY authorization.

The CITY reserves the right to deny any request.

13. ASSIGNMENT
AYSO shall not assign, mortgage, sublet or otherwise transfer any interest in this FACILITY USE AGREEMENT to any person, firm , organization or corporation during the term of this FACILITY USE AGREEMENT or any extension thereof without the written consent of CITY first had and obtained.

14. INDEMNIFICATION:

AYSO hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred 295

7 in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of AYSO, AYSO’S independent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions, but not gross negligence or willful misconduct, of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT . Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon AYSO whether or not there are any allegations of fault negligence or liability of the indemnities hereunder.

15. VOLUNTEERS/EMPLOYEES
AYSO shall be responsible to adhere to any local, county, state, or federal laws for conducting criminal background checks on all volunteers, including but not limited to, coaches, umpires, and others who will be in a position to supervise youth under 18 years of age or vulnerable adults.

AYSO agrees that failure of an individual to submit to a required criminal background check will result in prohibiting said individual from coaching and/or supervising children or vulnerable adults.

16. INSURANCE REQUIREMENTS:

It is further understood and agreed that AYSO shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of AYSO and its authorized representatives arising out of and in connection with AYSO’s use or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by AYSO of the indemnity provisions of item 14. CITY shall be named as additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered to CITY at the commencement of the term, and on renewal of the policy not less than 30 days before expiration of the term of the policy. AYSO, at its own cost, shall be responsible for maintaining a policy of insurance covering its personal property located on the premises.

In addition to the above general liability insurance, throughout the lease term, AYSO shall purchase tournament and clinic insurance with limits of not less than $2,000,000 general liability and $250,000 personal injury for each scheduled tournament and/or clinic. Also, throughout the AGREEMENT term, at any time AYSO employs any person(s), AYSO shall, at AYSO’s sole cost and expense, keep or cause to be kept in force workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00 per accident.

17. CODE OF CONDUCT
AYSO shall create and maintain a Code of Conduct and require participants, coaches, and parents to complete and comply with said Code of Conduct. AYSO’s Code of Conduct shall 296

8 reinforce compliance to all City ordinances, Park rules, and all General Rules and Regulations as set forth in the City of Visalia Parks and Recreation Facility Use Policy Section VII (Attachment B).

18. ANNUAL REPORTS
AYSO agrees to provide annual reports, to include league registration numbers, participant names and address of residency information, financial statements, proof of non-profit status, and other reports as requested by the CITY. Reports shall be used to determine adequate field allocation. Facility usage hours and participant numbers may be shared with City Council.

19. IMPROVEMENTS
As set forth in Section 2, AYSO shall have the opportunity to make improvements to the premises and property which is subject of this FACILITY USE AGREEMENT, provided that AYSO obtains prior written approval from the CITY before any such improvements. AYSO is required to provide receipts of either work performed, or supplies purchased that were used to complete the approved improvement. Upon the expiration of this FACILITY USE AGREEMENT, and any extension thereof, all such improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require AYSO to remove said improvements , AYSO shall do so and return the property to its original condition, allowing for reasonable and normal wear.

20. DISCRIMINATION
AYSO for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that no person on the grounds of race, color, sex, handicap, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said premises.

21. TERMINATION
In addition to any other provision in this FACILITY USE AGREEMENT , this AGREEMENT may be canceled or terminated upon the following:

A. This AGREEMENT and the tenancy hereby granted may be terminated or canceled at any time by either party hereto by giving to the other party not less than ninety (90) days written notice.

B. This AGREEMENT shall terminate automatically if either party hereto fails to remedy any breach or any term or condition of this AGREEMENT within thirty (30) days after receiving written demand from the other party to do so. If however, either party is diligently proceeding in good faith to eliminate such default, then the period for correction shall be extended for such length of time as is reasonably necessary to complete such correction.

C. AYSO agrees at the end of the AGREEMENT term or in the event of an early termination, as provided for herein, to quit and deliver up said premises in as good condition as they are now, ordinary wear and tear excepted.

22. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by AYSO as herein provided, AYSO shall peaceably and quietly hold and enjoy said premises during the term 297

9 of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.

23. AMENDMENT
This AGREEMENT may be amended at any time by mutual agreement of the parties in writing.

24. NOTICE
All notices to be given by AYSO pursuant to this AGREEMENT shall be mailed to City of Visalia, Community Services Department, 345 North Jacob Street, Visalia California 93291; and all notices to be given to AYSO pursuant to this LEASE AGREEMENT shall be mailed to AYSO c/o Visalia AYSO Region 129 Regional Commissioner (mailing address) Fo r the purpose of this AGREEMENT, AYSO shall designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications. This representative or a designee in his/her absence will be the only authorized agent of AYSO to coordinate use throughout each season.

25. ENTIRE AGREEMENT
This FACILITY USE AGREEMENT contains the entire AGREEMENT between the parties. No promise, representation, warranty, or covenant not included in this AGREEMENT has been or is relied on by either party. Each party has relied on his/her own examination of this AGREEMENT, counsel of its own advisors, and warranties, or representations, or covenants in the AGREEMENT itself. The failure or refusal of either party to inspect the premises or improvements, to read the AGREEMENT or other documents, or to obtain legal or other advise relevant to this transaction constitutes a waiver of any objection, contention, or claim that might have been based on such reading, inspection, or advise.

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

VISALIA AYSO REGION 129 CITY OF VISALIA

AYSO Regional Commissioner Date Leslie Caviglia, City Manager Date

AYSO NATIONAL LEAGUE

Risk Management Date
Legal Department Date
APPROVED AS TO FORM:

City Attorney Date
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Park Yard
Concession Stand
Storage
Bathrooms
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1 City of Visalia Parks and Recreation Facility Use Policy The City of Visalia Parks and Recreation Department is dedicated to fostering healthy lifestyles and helping the community thrive. The City recognizes t hat programs, activities and sports leagues are a fundamental component of this goal and that facilit y availability is necessary for local organizations and individuals. As such, the Visalia Parks and Recreation Department coordinates and issues permits for the use of City facilities for general public use for cultural, social and recreational activities and programs.

The purpose of this policy is to outline the City’s allocation procedure and rental policies for the permitted use of facilities in the City of Visalia. The City has experienced tremendous growth in population and need for facility use for a multitud e of purposes. This growth is anticipated to conti nue.

The Parks and Recreation Department has already exp erienced an increased demand for the use of City facilities and finds it necessary to emphasize shar ing in the use of all facilities among our present and future organizations.

This policy has been established to assure that Cit y facilities are utilized for recreational, cultura l, educational, social and community service functions that meet the needs of the community, as well as, set clear policies, procedures and regulations for such uses.

Due to the limited number of facilities available, the Visalia Parks and Recreation Department and the Parks & Recreation Commission have established crit eria for priority use. The Visalia Parks and Recreation Department will give priority to Visalia residents and will monitor proper use of allocatio ns and permits.

The City of Visalia is dedicated to creating partnerships with local organizations to ensure there is ample opportunity to participate in programs and services . The allocation/permitting process provides an organization the exclusive use of a facility to the exclusion of all others. The objective of this po licy is to create a clear, written allocation policy with procedures that:
• Fairly distributes facilities.
• Maximizes participation time.
• Incorporates maintenance periods to maintain safe, quality facilities. • Communicates financial issues and recovery policy.
• Outlines facility use regulations.

I. Definition of Terms:

Visalia Resident – a person residing within the city limits of the City of Visalia. The City may require identification or documentation of resi dency to be considered for priority brokering. In the event proof of residency cannot be established, non-residency status will be imposed. Note: Any person owning and paying taxes on real property in Visalia, but who is not living in the City, and any person having only a Visalia business address are NOT considered residents for facility use application purposes.

Youth programs – participants are ages 18 and under.

Adult programs – participants are ages 18 and over.

Open membership – Organizations, or portions of organizations, tha t have open registration regardless of skill level. Organizations must have an “everyone plays” philosophy requiring ADOPTED 12/18/12
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2 that each player suited up and able to play is ente red into games for a significant period of time (i.e., ½ or game or 2 of every 5 innings or 2 of 4 quarters, etc.). Open membership organizations are recreational in nature and provide scholarship opportunities for players who demonstrate a financial need.

Non-profit status – Must be established as a non-profit organization . Non-profit status is defined as an organization that is so defined by th e Internal Revenue Code, 501c and has a State of California Tax Identification Number. Org anizations must submit the following to be considered for Non-Profit Status:
• 501c IRS papers and bylaws
• Current financial statement
• Roster of officers
• List of persons authorized to make reservations for your organization Basic services – Basic services are defined as the maintenance of safe, clean, attractive parks and buildings and the provision of recreation servi ces for the general public. Basic services preserve and promote physical and mental wellbeing and will continue to be supported by taxpayer resources.

Seasonal Brokering Periods – For the purpose of scheduling facilities, the Cit y has established three (3) brokering periods in which re quest shall be reviewed and facilities shall be allocated.

Special services – Special services are those above and beyond basi c services. Revenues are necessary to support special services; therefore, u sers will be charged a fee for the privilege of using the facilities to the exclusion of others and without interference.

Game slot – amount of time or facility space needed to reaso nably accommodate play. In instances where modified fields are used, appropria te field space shall be allocated, this may be an increment of a field or facility rather than designating an entire field or facility.

Practice slot - amount of time or facility space needed to reaso nably accommodate play. In instances where modified fields are used, appropria te field space shall be allocated, this may be an increment of a field or facility rather than designating an entire field or facility.

Facility Use Permit – A facility use permit is required for all organi zed use associated with a team, league, organization or school. Users who do not submit a request during the established brokering period must submit a request for use to the Parks and Recreation Department a minimum of ten (10) working days prior to the requested use date. Once the request has been approved and the user has complied with insurance requirements and paid all applicable fees, a written Facility User Permit shall be issued.

II. Facility Use Permitting:

Facility use requests are considered at three diffe rent time periods per fiscal year. Facility space will be awarded on a priority basis prior to the fall, winter/spring, and summer periods.

After the original requests are processed, based on priority, the facilities are available for use 301
3 to other requests. To apply for a Facility Use Perm it, an applicant must submit a written request to the Parks and Recreation Department outlining the dates, times, facility, number of courts/fields and intended use. Requests shall onl y be considered for organizations who are in good standing with the Parks and Recreation Depa rtment and who do not have a past due balance.

Facility use reservations, not allocated during the established brokering periods, can be made no less than ten (10) calendar days prior to the de sired date(s) of use. These requests shall be granted on a first come, first served basis based on field availability.

Submission of an application does not constitute ap proval. Approvals shall be in the form of a written facility use permit issued by the Parks and Recreation Department.

Requests for additional use or programs not covered by the Priority Use Policy should be addressed in writing to the Recreation Manager. Th e Parks and Recreation Director will make interpretation of language in the Priority Use Policy. An appeal to the Parks and Recreation Commission of the Director’s decision mu st be submitted in writing with justification within ten (10) working days from the decision and will be heard at the next regularly scheduled Parks and Recreation Commission meeting, unless appeal is received fewer than ten (10) days prior to a meeting, in whi ch case it will be heard at the following meeting of the Parks and Recreation Commission.

III. Facility Request Form Deadlines:

The three seasonal brokering periods are as follows;
Season Dates Request deadline
Fall August 1 through December 31 May 1
Winter/Spring January 1 through May 31 November 1
Summer June 1 through July 31 March 1

All requests received by the established deadline shall be reviewed after the deadline date. A facility use permit shall be issued a maximum of thirty (30) days after the deadline.

Facility use requests for primary organization use will be accepted no more than three (3) months prior to the request deadline. Requests for use outside of the organization’s primary use (regular league play), such as tournaments on a regional, state or national level, may be made up to three (3) years in advance.

IV. Eligibility - facility use shall be granted based on the following priority:

Priority 1:

1. City activities and programs.

2. Facility use agreements (organizations having speci al status assigned by City Council action as a result of having had historical use of facilities).

3. Visalia resident (at least 90%), youth programs, op en membership, non-profit organizations or leagues.

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4 Priority 2:
• Visalia resident (at least 51%), youth programs, non-profit organizations or leagues.

Priority 3:
• Visalia resident (at least 51%), adult programs, open membership, non-profit organizations or leagues.

Priority 4:
• For-profit programs and events.

Priority 5:
• Organizations that have previously violated the terms of the priority use policy.

Resident status will be determined from the prior s eason’s actual rosters (fall season for fall season , spring season for spring season).

To resolve a discrepancy between two organizations in the same priority use class that request use of the same site/field and that cannot be worked out betwe en the two organizations, the following allocation formula will be used to determine the amount of field use that will be allocated to each organization.

Facilities will be allocated within each priority u se class to organizations based on the percentage o f verifiable Visalia residents registered with that o rganization in relation to the total number of all registered Visalia residents in all organizations in the priority use class combined.

The total number of all Visalia residents registere d in all organizations within that priority use cla ss will then be determined. Each organization’s resident n umber will be divided by the total of all residents registered to determine the percentage of use to be allocated to each group.

An example of this would be:

Baseball Group A has 750 Visalia residents
Baseball Group B has 900 Visalia residents
Total Visalia residents registered in both organizations is 1,650

750 divided by 1,650 equals 45%. Group A would receive 45% of the available time. 900 divided by 1,650 equals 55%. Group B would receive 55% of the available time.

Additional factors to determine priority use:
• Priority 1 & 2 athletic organizations shall be allo cated a maximum of one (1) game slot per team per week and one (1) practice slot (1/2 field) per team per week (as space allows). Number of teams shall be determined based on the number of re gistered participants in each program taking into consideration the number of players per team for each age division. • League game play takes priority over practice with the exception of non-resident vs. non-resident game play.
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5 • Adult program access – per this policy, adult play would receive low priority. To provide for equal access for adult leagues, 25% of facility spa ce shall be dedicated to adult play in the above mentioned priority order.
• Sport season priority – Traditional sports seasons have priority as follows:

Fall Football, volleyball and soccer
Winter Basketball
Spring Baseball and softball
Summer Aquatics
• Facility use shall be permitted for activities that the facilities are intended for, designed for, classified as, or for activities conducted in a man ner that does not compromise public safety or facility quality or integrity.

V. Cost Recovery Philosophy
As the City continues to grow and facilities age, t he Visalia Parks and Recreation Department must develop a financial system to suppo rt our community investment while maintaining the high level of service residents dem and. The City will continue to provide basic services funded entirely by general taxpayers and user fees; however, those benefiting from special services (which create additional City expenses) must contribute financially.

The recovery policy is intended for the participant s to supplement, rather than supplant the investment of the general taxpayers. The recovery policy strives to:
o Amortize the capital investment and cover maintenance/operational cost of a facility. o Pay for and augment operation/maintenance costs for a facility where tax appropriations support the basic service.
o Control use of the facility.
o Assess a portion of the cost of the facility to users who may not be tax supporters. o Enable the Visalia Parks and Recreation Department to provide facilities for which funds might not otherwise be available.

The primary purpose of this policy statement is to develop an understanding that the pricing of services is a conscious procedure that requires continual investigation and review by Visalia Parks and Recreation Department, the Parks and Recreation Commission and the Visalia City Council.

VI. Permit Rules and Regulations:

1. Permits cannot be transferred or assigned to any ot her person, group, or organization for any reason.

2. The misuse of City facilities or the failure to con form to facility regulations, established policies, and procedures or any other Federal, Stat e, or local law, rule, regulation or ordinance shall be sufficient grounds for the immed iate revocation of the permit and/or denial of any future applications. No refund will be granted.

3. Permit holders shall restrict their use to only those facilities specifically reserved and paid for as designated on the permit. Other facilities may b e scheduled by other groups and may not be available. Permit holders must be in possession of their Facility Use Permit in case there is a need to address the question of who has a reserva tion for the facility in question. If the 304
6 permit holder cannot use a facility due to unauthor ized use by another party, the permit holder should contact the City of Visalia Police Department.

4. Fees - all fees are due and payable prior to the is suance of an approved Facility Use Permit.

Payment plans may be arranged for multiple-use rese rvations with payment in advance for monthly use. The fees and charges for permits are established by the Visalia Parks and Recreation Commission and approved by the Visalia C ity Council annually and are not negotiable. Only the Parks and Recreation Commissio n and/or City Council have the authority to waive or modify fees and charges by am endment to the City Rates and Fees Schedule.

5. Deposits – A refundable deposit may be required for facility use. The City reserves the right to deduct from the security deposit all additional charges relating to, but not limited to, janitorial services, maintenance/repair services, s taff time, failure to comply with the cancellation policy or emergency services that are required as a result of the facility use.

6. Insurance - A valid insurance certificate is requir ed for use of any City of Visalia facility.

The insurance certificate must afford one million d ollars ($1,000,000) of general liability coverage per occurrence listing the dates and locat ion of coverage and must contain the following language:
“The City of Visalia, its officers, agents, employe es, representatives and volunteers are added as additional insured as respects operations and ac tivities of, or on behalf of the named insured, performed under contract with the City of Visalia.” Certificate must guarantee thirty (30) days prior notice to change or cancel the policy.

7. Residency Verification - The City of Visalia Parks and Recreation Department may request a master roster complete with participant first and l ast name (or identification number), division, team and place of residency or school att ending. Leagues may be required to make rosters available for verification and additional p roof of residency such as utility billing or photo identification may be required.

Any group or organization found to be misrepresenti ng its residency status will have its permit revoked for the season and will be assigned the last (or lowest) priority for the immediate and following season. In addition, any group or organization found to be reserving facilities for another organization will be penaliz ed by the revocation of its permit for the season for which the permit is issued and that grou p or organization will be assigned the last (or lowest) priority for facility use scheduling for the immediate and following season.

8. Teams and organizations may be required to provide schedules to show that all of the allocated facilities are being utilized. If an all ocated facility is not utilized by the designated organization a total of two (2) times during the pe rmit period, the facility will be reassigned.

User shall be notified by the Parks and Recreation Department prior to reassignment.

9. The City reserves the right to cancel an approved r eservation due to maintenance needs, overuse of the facility, unsafe conditions or due t o a conflict with a City event or a one-time event that has a direct benefit to the community. I n these cases all attempts will be made to provide a minimum of 15 days advance notice and to provide an alternate location for the group’s scheduled activity. In the event of an emer gency when only short or no notice can be provided, groups must cooperate with the request to not use the facility or risk loss of current permit and denial of future use. If there are no al ternate facilities available, the City is not 305
7 obligated to provide an alternate facility. In the case of such an event, a full refund will be given.

10. It is the responsibility of the organization’s pres ident and the individual in charge of the permit to enforce the rules and regulations regardi ng the conduct of the group while on permitted facilities. They are also responsible fo r ensuring that coaches receive and understand that a permit must be on site during facility use.

11. Use begins and ends at the times stated on the perm it including set-up and clean-up. A two (2) hour minimum is required per reservation. Grou ps are not allowed on fields prior to the start time on the permit and are required to have t he fields cleaned and cleared by the ending time indicated on the permit. Unauthorized or exte nded field use beyond times listed on the permit may result in the retention of a portion or all of the deposit and/or result in the cancellation of current use and/or prohibition of future use.

VII. General Rules and Regulations

1. No person shall use an athletic facility which is p osted as being closed, whether the closure is for excess rainfall or for field maintenance or other reason.

2. All motor vehicles must park in marked stalls in th e parking lots or legally on side streets or be subject to citation. No unauthorized vehicles shall enter park premises.

3. All dogs must be on a leash and owners must clean up after their dogs.

4. No portable BBQ’s are permitted at any time in any facility.

5. No golf is permitted at any park or sports complex.

6. Alcohol is not allowed in any City facility without a permit. No alcohol is allowed at Riverway Sports Park. Alcohol may be consumed at t he Plaza Park softball fields provided such beverages are purchased from the permitted concessionaire.

7. Athletic facilities may be lined prior to a group u se with the permission of the Parks and Recreation Department. Water soluble spray paint is the only permitted means of lining a field. No fields are permitted to be lined by mean s of Round Up, Dolomite, or other herbicide which can permanently burn lines into the field.

8. Vending at a facility is permitted only if the vendor is associated with the activity and has received the prior approval of the City.

9. Gambling is prohibited at all City property without a permit.

10. Restrooms – some facilities have public restrooms w hich may be utilized. In instances where public restrooms are not available, or not ad equate for the size and scope of the facility use, the user shall be responsible, at user’s expense, to provide additional portable restrooms. User groups must coordinate placement o f portable restrooms with Parks and Recreation staff.

11. Storage – no group or individual is permitted to ma intain a storage unit (or similar object) on or around City facilities without written approval from the City.

12. Use of utility vehicles shall be allowed with the i ssuance of a permit from the City. Any person operating a utility vehicle on City property must possess a valid California Driver’s License and organization must provide the City of Visalia with a certificate of insurance covering operation of said vehicle.
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8 13. Lights are available for some outside facilities. Light requests must be made ten (10) working days in advance and are subject to light fees at the time of reservation.

14. The City of Visalia encourages partnerships and vol unteerism to improve facility quality and maintenance, however in the absence of a writte n agreement, donations and/or contributions of time does not give an organization priority at any facility. Groups wishing to make alterations to facilities must subm it these improvement requests in advance to the City of Visalia Parks and Recreation Department. No groups will be allowed to make any alterations to any facility without first obtaining the City’s approval.

15. Scheduling – a maximum number of games per time slo t shall be determined by Parks and Recreation Department and shall be adhered to w hen preparing league game and practice schedules.

16. Wet Field Policy - The purpose of the policy is to guide the use of City athletic facilities and to prevent injuries to participants and damage to the playing surface brought upon by inclement weather and/or unsafe playing conditions. An effective facility maintenance program is essential for safe, quality fields and sport complexes. User groups are asked to help us by accepting and adhering to these rules. G roups who use City athletic facilities are expected to assist in protecting their particip ants and the facilities during periods of rain or inclement weather.

The City of Visalia reserves the right to cancel or suspend facility use permits when facility conditions could result in injury to players or cause damage to the facility.

Permits may also be cancelled when the health and s afety of participants are threatened due to impending conditions, including but not limi ted to, heavy rains, smog alerts or pesticide application.

During inclement weather, the City’s maintenance st aff will assess the playability of all city owned fields to determine if use will o ccur. The Director or designated representative shall have the authority to close an y/all fields owned and operated by the City of Visalia.

17. Banners - Organizations must obtain approval and/or permits prior to placing any signage or banners in any City of Visalia facility.

18. Users must pick up and remove any trash generated by their activity.

19. Good Neighbor Policy - The purpose of this policy i s to ensure that decisions regarding the use of City facilities, parks, and athletic com plexes and District sites are used in the best interests of the neighborhoods, sports organiz ations, and citizens of the City of Visalia. The city has established the following rul es and regulations to govern the use of the City’s facilities for the safe and pleasant enj oyment of participants and neighbors.

Every person is expected to abide by these rules or be subject to forfeiture of the security deposit and/or loss of the privilege of future use of the facilities. a. All litter and debris that may occur as a result of your event must be picked up and deposited into trash receptacles, when provided , or removed from the premises.
b. All groups are responsible for the condition in whi ch they leave the facility. Any excessive clean-up required by City crews following your use will be cause for forfeiture of all or part of your damage deposit.
c. No amplified music, use of musical instruments, rad ios, public address systems or other such noise allowed before 9:00am or after 8:0 0pm unless authorized by 307
9 special permit. In all parks, care shall be taken s o that speakers are not directed at residences.
d. Complaints from surrounding neighborhood residents as to noise level, litter and debris, and disregard for use of parking regulation s could result in cancellation of your reservation, forfeiture of security deposit, and denial of future facility use. e. No person shall park a motor vehicle in such a plac e or manner as would block or obstruct any gate, entrance, exit or resident driveway.

VIII. Cancellations

Cancellations must be made in writing and submitted to the Visalia Recreation Department at least ten (10) business days in advance of the sche duled use in order to be entitled to receive a refund (minus the processing fee). If it rains on the date of reservation, a full refund shall be credited to the user’s account. No refunds or credi ts will be given to facilities released after that time. Failure to release unused facilities sha ll be considered a violation of this Priority Use Policy. If a user fails to release unused faci lities, the permit may be revoked for the season and user will be assigned the last (or lowes t) priority for the immediate and following season.

IX. Failure to Comply with Facility Use Policies and Procedures In most cases, the City utilizes a three-strike policy for violations as follows:

First Offense: Written warning to the user group/in dividual and restitution for damages/costs if applicable.

Second Offense: Written notice of three day suspens ion and restitution for damages/costs if applicable.

Third Offense: Written notice of termination of any existing permits, loss of future rental/allocation privileges and restitution for damages/costs if applicable.

The City reserves the right to cancel any permit fo r non-compliance with City Policy, Rules or Ordinances regardless of the three-strike policy listed above.

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Athletic Facility Rental Inspection Form
City of Visalia Parks and Recreation

Facility: ____________________________________________

Organization: ________________________ Start Date: ______________End Date: __________________

Employee Signature: ______________________________________Date: __________________ Organization Signature: ________________________________________ Date: __________________

Questions Yes No N/A Comments
Concession Area

1. Inside concession room was clean with no
stains

2. Storage closets were clean and empty with no
perishables

3. Electrical outlets are functional

4. Cabinets, doors, roll up doors are operable (not
broken)

5. Restrooms (toilets, hand dryer, sink) were
functional

6. Restrooms were clean

7. Outside concession building was clean with no
marks of tape or any other substance on the
wall

8. Overall, no excessive cleaning was required by
city staff after the season.

Outside Area

10. No garbage left in open grass area

11. No damage to premises, equipment, or tables

12. No stains or graffiti on the concrete or complex

13. Sponsorship banners taken down

14. Shade structures are intact and not ripped

16. Backstops are intact and not broken

17. Goals are intact and not broken

18. Equipment storage area is clean
Office Use Only:

Inspection Date ___________
Processed By: ______________________ Date: __________
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0337 Agenda Date: 8/19/2024 Agenda #: 1.

Agenda Item Wording:

Closed Session report out from July 15, 2024: Appointment of Jason Glick as the new Visalia Parks and Recreation Director.

Visalia City Council Printed on 8/16/2024Page 1 of 1
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310
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0338 Agenda Date: 8/19/2024 Agenda #: 1.

Agenda Item Wording:

Upcoming City Council Meetings:

Visalia City CouncilAugust 19, 2024

Visalia City Council
August 19, 2024