Visalia City Council
November 18, 2024

CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect fish and wildlife resources.

CDFW is also submitting comments as a Responsible Agency under CEQA (Pub.

Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW’s lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 et seq.). Likewise, to the extent implementation of the Project as proposed may result in “take” as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), related authorization as provided by the Fish and Game Code will be required.

Fully Protected Species: CDFW has jurisdiction over fully protected species of birds, mammals, amphibians and reptiles, and fish, pursuant to Fish and Game Code sections 3511, 4700, 5050, and 5515. Fully protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take except as follows:
 Take is for necessary scientific research,
 Efforts to recover a fully protected, endangered, or threatened species, live capture, and relocation of a bird species for the protection of livestock, or  They are a covered species whose conservation and management is provided for in a Natural Community Conservation Plan (Fish & G. Code, §§ 3511, 4700, 5050, & 5515).

Additionally, specified types of infrastructure projects may be eligible for an Incidental Take Permit (ITP) for unavoidable impacts to fully protected species if certain conditions are met (see Fish & G. Code §2081.15). Project proponents should consult with CDFW early in the Project planning process if an ITP may be pursued for the Project.

Nesting Birds: CDFW has jurisdiction over actions with potential to result in the disturbance or destruction of active nest sites or the unauthorized take of birds. Fish and Game Code sections that protect birds, their eggs and nests include, sections 3503 (regarding unlawful take, possession or needless destruction of the nest or eggs of any bird), 3503.5 (regarding the take, possession or destruction of any birds-of-prey or their nests or eggs), and 3513 (regarding unlawful take of any migratory nongame bird).

Unlisted Species: Species of plants and animals need not be officially listed as Endangered, Rare, or Threatened (E, R, or T) on any State or Federal list to be considered E, R, or T under CEQA. If a species can be shown to meet the criteria for E, R, or T under CEQA Guidelines section 15380, CDFW recommends it should be fully considered in the environmental analysis for the Project.

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Briza Sholars, Senior Planner
Provost & Pritchard
November 13, 2024

Water Rights: The capture of unallocated stream flows is subject to appropriation and approval by the State Water Resources Control Board (SWRCB) pursuant to Water Code section 1200 et seq. CDFW, as Trustee Agency, is consulted by the SWRCB during the water rights process to provide terms and conditions designed to protect fish and wildlife prior to appropriation of the State’s water resources. Certain fish and wildlife are reliant upon aquatic ecosystems, which in turn are reliant upon adequate flows of water. CDFW therefore has a material interest in assuring that adequate water flows within streams for the protection, maintenance, and proper stewardship of those resources. CDFW provides, as available, biological expertise to review and comment on environmental documents and impacts arising from project activities.

PROJECT DESCRIPTION SUMMARY
Proponent: City of Visalia
Objective: The Project proposes to construct up to three (3) reinforced concrete check structure facilities within the Cameron Creek channel. The check structures would be equipped with control gates and weir boards capable of passing high flows (250 cubic feet per second) while maintaining high water levels in the channel making Cameron Creek a linear recharge basin. Excavation for construction will be minimal and would only be the amount necessary for constructing the structures. Excavation through the creek channel and embankment would reach approximately 65 feet horizontally at a depth of about 10 feet from top of bank (excavation from channel bottom will likely be 3- 4 feet). Once completed, excavated soil would be backfilled around the structure and the channel prism re-graded to match existing conditions. No material export is anticipated, and earthwork would be balanced on site.

Location: The Project site is located within Cameron Creek where it diverts from Tulare Irrigation District’s Main Intake Canal, east of Road 156, with the end location northeast of the Lovers Lane and Caldwell Avenue intersection in Tulare County. The centroid of the Project is 36° 18’ 24.19” N, 119° 15’ 01.48” W. Lands surrounding Cameron Creek contain both Tulare County and the City of Visalia designations.

Timeframe: The Project would commence in September 2025 and is anticipated to be constructed within approximately four months.

COMMENTS AND RECOMMENDATIONS
CDFW offers the following comments and recommendations to assist the City of Visalia in adequately identifying and/or mitigating the Project’s significant, or potentially significant, direct, and indirect impacts on fish and wildlife (biological) resources.

Editorial comments or other suggestions may also be included to improve the CEQA document prepared for this Project.

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Briza Sholars, Senior Planner
Provost & Pritchard
November 13, 2024

According to the MND and a review of aerial imagery, the Project site and surrounding Cameron Creek are largely comprised of ruderal herbaceous habitat surrounded by agricultural lands including orchards.

Currently, the MND acknowledges that the Project site is within the geographic range of several special-status animal species and proposes specific mitigation measures to reduce impacts to less than significant; however, CDFW has concerns about the ability of some proposed mitigation measures to reduce impacts to less than significant and to avoid unauthorized take for several special-status species including, but not limited to, the State threatened Swainson’s Hawk (Buteo Swainsoni); the State candidate western burrowing owl (Athene cunicularia hypugaea) and Crotch’s bumble bee (Bombus crotchii); and the State species of special concern American badger (Taxidea taxus), pallid bat (Antrozous pallidus), western matif bat (Eumops perotis californicus), and loggerhead shrike (Lanius ludovicianus).

Comment 1: Swainson’s Hawk
Table 4-10 of the MND, List of Special-Status Animals with Potential to Occur on the Area of Potential Effect (APE), notes that a Swainson’s Hawk (SWHA) was observed flying over the APE and into a nearby tree during the reconnaissance survey for the Project. Mitigation measures BIO-3 through BIO-5 detail general migratory bird, raptor, and special-status bird measures, and include survey measures for SWHA that will be implemented as part of this Project. CDFW concurs with implementing mitigation measure BIO-3 to BIO-5 to minimize potential impacts to nesting birds, but recommends surveys be conducted following the entirety of the survey methods developed by the Swainson’s Hawk Technical Advisory Committee (SWHA TAC 2000). Please note the survey protocol includes early season surveys to assist the Project proponent in implementing necessary avoidance and minimization measures, and in identifying active nest sites prior to initiating ground-disturbing activities. CDFW also recommends the following mitigation measures be incorporated:

Recommended Mitigation Measure 1: SWHA Buffers
If an active SWHA nest is found during focused surveys, CDFW recommends implementing a minimum ½-mile no-disturbance buffer until the breeding season has ended or until a qualified biologist has determined that the birds have fledged and are no longer reliant upon the nest site for survival.

Recommended Mitigation Measure 2: SWHA Take Authorization If a ½-mile no-disturbance nest buffer is not feasible, consultation with CDFW is warranted, and an ITP for SWHA may be necessary prior to project implementation to avoid unauthorized take, pursuant to Fish and Game Code section 2081, subdivision (b).

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Briza Sholars, Senior Planner
Provost & Pritchard
November 13, 2024

Comment 2: Burrowing Owl
The California Fish and Game Commission (FGC) approved western burrowing owl (BUOW) as a candidate for potential listing as a protected species under CESA on October 10, 2024, and published these findings in the California Regulatory Notice Register (Notice Register) on October 25, 2024. As such, BUOW is now considered a candidate under CESA and receives the same legal protection afforded to an endangered or threatened species (Fish & G. Code, §§ 2074.2 & 2085).

The MND includes Mitigation Measures BIO-6 through BIO-8 to mitigate for potential impacts to BUOW, as the Project site is within the known geographic range of burrowing owl (BUOW) and the Project area contains suitable habitat for BUOW nesting and foraging. As BUOW is now a candidate under CESA, CDFW recommends that the Project’s mitigation measures be updated to reflect the species updated status and recommends the following measures be incorporated into the Project to avoid unauthorized take.

Recommended Mitigation Measure 3: BUOW Surveys Prior to Construction CDFW recommends that surveys, following the “Burrowing Owl Survey Protocol and Mitigation Guidelines” (CBOC 1993) and CDFW’s “Staff Report on Burrowing Owl Mitigation” (CDFG 2012) be conducted within areas of suitable habitat the survey season immediately prior to construction.

Recommended Mitigation Measure 4: BUOW Consultation
If BUOW or burrows known to be currently or previously occupied by BUOW are found, either during surveys or Project activities, consultation with CDFW is warranted to discuss how to implement the Project and avoid take; or if avoidance is not feasible, to potentially acquire an ITP prior to any ground disturbing activities, pursuant Fish and Game Code section 2081 subdivision (b).

Comment 3: Crotch’s Bumble Bee
The MND notes that Crotch’s bumble bee is unlikely to occur within the Project site but no focused surveys were conducted for the species and there is limited information on whether an adequate habitat assessment for CBB was conducted. CBB are known to inhabit areas of grassland and ruderal habitats that contain requisite habitat elements for nesting, such as small mammal burrows and bunch/thatched grasses, and these habitat elements appear to be present within the Project site. As such, CDFW recommends the following:

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Briza Sholars, Senior Planner
Provost & Pritchard
November 13, 2024

Recommended Mitigation Measure 5: CBB Habitat Assessment CDFW recommends a qualified biologist conduct a habitat assessment to determine if the Project site and the immediate surrounding vicinity contain habitat suitable to support CBB. Potential nesting sites, which include all small mammal burrows, perennial bunch grasses, thatched annual grasses, brush piles, old bird nests, dead trees, and hollow logs would need to be documented as part of the assessment.

Recommended Mitigation Measure 6: CBB Surveys
If potentially suitable habitat is identified, CDFW recommends that a qualified biologist conduct focused surveys for CBB, and their requisite habitat features following the methodology outlined in the Survey Considerations for California Endangered Species Act Candidate Bumble Bee Species (CDFW 2023).

Recommended Mitigation Measure 7: CBB Avoidance
If CBB is detected, then CDFW recommends that all small mammal burrows and thatched/bunch grasses be avoided by a minimum of 50 feet to avoid take and potentially significant impacts. If ground-disturbing activities will occur during the overwintering period (October through February), consultation with CDFW is warranted to discuss how to implement Project activities and avoid take. Any detection of CBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take.

Recommended Mitigation Measure 8: CBB Take Authorization If take cannot be avoided, CDFW recommends acquiring an ITP pursuant to Fish and Game Code Section 2081(b), prior to initiating ground-disturbing activities.

Comment 4: Other State Special-Status Animals
The MND notes that the banks along Cameron Creek can provide suitable denning habitat for American badger (AMBA) and possible nesting habitat for loggerhead shrike (LOSH). CDFW concurs with Mitigation Measures BIO-3 through BIO-5, and BIO-15 through BIO-18, as methods to minimize potential impacts to these species, but also recommends the following:

Recommended Mitigation Measure 9: Surveys
CDFW recommends that a qualified biologist conduct focused surveys for the special-status species referenced above, as well as their requisite habitat features, to evaluate potential impacts resulting from Project activities.

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November 13, 2024

Recommended Mitigation Measure 10: Avoidance
Avoidance whenever possible is encouraged via delineation and observance of a 50-foot no-disturbance buffer around dens of AMBA. CDFW also recommends a minimum no-disturbance buffer of 250 feet around active LOSH nests.

Comment 5: Special-Status Bat Species
The MND acknowledges that the Project site contains habitat features, such as oak trees and bridges adjacent to the APE, that have the potential to support roosting western mastiff and pallid bats. Both species are known to occur in the vicinity of the Project site and historical and recent CNDDB observations for these species have been documented (CNDDB 2024). Project activities have the potential to affect habitat upon which special-status bat species depend on for successful breeding and have the potential to impact individuals and local populations. Mitigation measures BIO-9 through BIO-11 detail measures such as focused surveys, avoidance buffers, and eviction that may be undertaken to reduce the Project’s impact on these species. CDFW concurs with conducting surveys and recommends the addition of the following mitigation measure:

Recommended Mitigation Measure 11: Bat Roost Disturbance Minimization and Avoidance
If bats are present, CDFW recommends that a 100-foot no-disturbance buffer be placed around the roost and that a qualified biologist who is experienced with bats monitor them for signs of disturbance to bats from Project activity. If a bat roost is identified and work is planned to occur during the breeding season, CDFW recommends that no disturbance to maternity roosts occurs and that CDFW be consulted to determine measures to prevent breeding disruption or failure.

Editorial Comments and/or Suggestions
California Natural Diversity Database (CNDDB)
Please note that the CNDDB is populated by records through voluntary submissions of species detections. As a result, species may be present in locations not depicted in the CNDDB but where there is suitable habitat and features capable of supporting species.

A lack of an occurrence record in the CNDDB does not mean a species is not present.

In order to adequately assess any potential Project related impacts to biological resources, surveys conducted by a qualified biologist during the appropriate survey period(s) and using the appropriate protocol survey methodology are warranted in order to determine whether or not any special-status species are present at or near the Project site.

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November 13, 2024

Lake and Streambed Alteration: The Project activities, as described, have the potential to temporarily and permanently impact water flows of Cameron Creek and are subject to CDFW’s regulatory authority pursuant to Fish and Game Code 1600 et seq.

Project activities that substantially change the bed, bank, and channel of any river, stream, or lake are subject to CDFW’s regulatory authority pursuant Fish and Game Code section 1600 et seq. Fish and Game Code section 1602 requires an entity to notify CDFW prior to commencing any activity that may (a) substantially divert or obstruct the natural flow of any river, stream, or lake; (b) substantially change or use any material from the bed, bank, or channel of any river, stream, or lake (including the removal of riparian vegetation): (c) deposit debris, waste or other materials that could pass into any river, stream, or lake. “Any river, stream, or lake” includes those that are ephemeral or intermittent as well as those that are perennial and may include those that are highly modified such as canals and retention basins.

CDFW is required to comply with CEQA in the issuance of a Lake or Streambed Alteration Agreement (LSAA); therefore, if the CEQA document approved for the Project does not adequately describe the Project and its impacts to lakes or streams, a subsequent CEQA analysis may be necessary for LSAA issuance. For information on notification requirements, please refer to CDFW’s website (https://wildlife.ca.gov/Conservation/LSA) or contact CDFW staff in the Central Region Lake and Streambed Alteration Program at (559) 243-4593.

Nesting birds: CDFW encourages that Project ground-disturbing activities occur during the bird non-nesting season; however, if ground-disturbing or vegetation-disturbing activities must occur during the nesting season (February 1st through September 15th), the Project applicant is responsible for ensuring that implementation of the Project does not result in violation of the Migratory Bird Treaty Act or relevant Fish and Game Code sections as referenced above.

CDFW further recommends that a qualified biologist conduct a pre-construction survey for active nests no more than 10 days prior to the start of ground or vegetation disturbance to maximize the probability that nests that could potentially be impacted are detected. CDFW also recommends that surveys cover a sufficient area around the Project site to identify nests and determine their status. A sufficient area means any area potentially affected, either directly or indirectly, by the Project. In addition to direct impacts (i.e., nest destruction), noise, vibration, and movement of workers or equipment could also affect nests. CDFW recommends that a qualified biologist establish a behavioral baseline of all identified nests. Once Project activities begin, CDFW recommends having a qualified biologist continuously monitor nests to detect behavioral changes resulting from the Project. If behavioral changes occur, CDFW recommends halting the work causing that change and consulting with CDFW for additional avoidance and minimization measures.

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Briza Sholars, Senior Planner
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November 13, 2024

If continuous monitoring of identified nests by a qualified biologist is not feasible, CDFW recommends a minimum no-disturbance buffer of 250 feet around active nests of nonlisted bird species and a 500-foot no-disturbance buffer around active nests of nonlisted raptors. These buffers are advised to remain in place until the breeding season has ended or until a qualified biologist has determined the birds have fledged and are no longer reliant upon the nest or on-site parental care for survival. Variance from these no-disturbance buffers is possible when there is a compelling biological or ecological reason to do so, such as when the Project site would be concealed from a nest site by topography. CDFW recommends that a qualified biologist advise and support any variance from these buffers and notify CDFW in advance of implementing a variance.

Water Rights: The MND notes that approvals may be required from several agencies for Project activities within Cameron Creek including the TID, Central Valley Water Quality Control Board (CVWQCB), U.S. Army Corps of Engineers (USACE) and CDFW.

The Project will divert surface flow from Cameron Creek for groundwater storage within the vicinity of the City of Visalia. As stated previously, the capture of unallocated stream flows to artificially recharge groundwater aquifers is subject to appropriation and approval by the SWRCB pursuant to Water Code section 1200 et seq. CDFW recommends that the MND include a detailed description of the water rights and water entitlements that would pertain specifically to the Project and address any applications or change petitions that may be filed. CDFW, as Trustee Agency, is consulted by the SWRCB during the water rights process to provide terms and conditions designed to protect fish and wildlife prior to appropriation of the State’s water resources. Projectrelated diversion for groundwater recharge will impact riparian, wetland, fisheries and terrestrial (upland) wildlife species and their habitats. Given the potential for impacts to special-status species and their habitats it is advised that any required consultation with CDFW occur well in advance of the SWRCB water right application process.

Sustainable Groundwater Management Act (SGMA) and Groundwater Dependent Ecosystems: Groundwater Sustainability Plans were prepared for the Kaweah Subbasin. The Kaweah Subbasin (Subbasin No. 5-22.11 of the San Joaquin Valley Groundwater Basin) is designated a high priority Subbasin by the Department of Water Resources. SGMA defines sustainable groundwater management as, “management and use of groundwater in a manner that can be maintained during the planning and implementation horizon without causing undesirable results (Water Code, § 10721 (v)).” CDFW recommends that the MND include an analysis of Project-related activities in relation to the Greater Kaweah Subbasin Groundwater Sustainability Plan, including analysis of potential undesirable results and adverse impacts to groundwater dependent ecosystems including the biological resources listed above.

ENVIRONMENTAL DATA
CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database, which may be used to make Docusign Envelope ID: C00118A8-CA0E-4C07-987C-7BB5B1B6D735 480
Briza Sholars, Senior Planner
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November 13, 2024

subsequent or supplemental environmental determinations (Pub. Resources Code, § 21003, subd. (e)). Accordingly, please report any special-status species and natural communities detected during Project surveys to the CNDDB. The CNDDB field survey form can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Submitting-Data. The completed form can be mailed electronically to the CNDDB at the following email address:

[email protected]. The types of information reported to the CNDDB can be found at the following link: https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.

FILING FEES
The Project, as proposed, could have an impact on biological resources, an assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying Project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089).

CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist the City of Visalia in identifying and mitigating Project impacts on biological resources. A Mitigation Monitoring and Reporting Program (Attachment 1) is included below to assist the City of Visalia with incorporating the recommended mitigation measures provided above.

More information on survey and monitoring protocols for sensitive species can be found at CDFW’s website (https://www.wildlife.ca.gov/Conservation/Survey-Protocols). If you have any questions regarding this letter or further coordination, please contact Marile Colindres, Environmental Scientist, at the address provided on this letterhead, by telephone at (559) 974-3452, or by electronic mail at [email protected].

Sincerely,
Julie A. Vance
Regional Manager
ec: State Clearinghouse
Governor’s Office of Planning and Research
[email protected]
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Briza Sholars, Senior Planner
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Briza Sholars
Provost & Pritchard
[email protected]
Linda Connolly
California Department of Fish and Wildlife
[email protected]
Margarita Gordus
California Department of Fish and Wildlife
[email protected]
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Briza Sholars, Senior Planner
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REFERENCES
California Burrowing Owl Consortium. 1993. Burrowing owl survey protocol and mitigation guidelines. Pages 171-177 in Lincer, J. and K. Steenhof (editors). 1993. The burrowing owl, its biology and management. Raptor Research Report Number 9.

California Department of Fish and Game. 2012. Staff report on burrowing owl mitigation.

California Department of Fish and Game, Sacramento, California, USA.

California Department of Fish and Wildlife. 2024. Biogeographic information and observation system (BIOS). https://www.wildlife.ca.gov/Data/BIOS. Accessed October 30, 2024.

Swainson’s Hawk Technical Advisory Committee. 2000. Recommended timing and methodology for Swainson’s hawk nesting surveys in the central valley of California. Swainson’s hawk technical advisory committee U. S. Fish and Wildlife Service. 2011. Standard recommendations for the protection of the San Joaquin Kit Fox prior to or during ground disturbance. U.S. Fish and Wildlife Service, Sacramento Fish and Wildlife Office, Sacramento, California.

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Attachment 1

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

RECOMMENDED MITIGATION MONITORING AND REPORTING

PROGRAM (MMRP)
PROJECT: Cameron Creek Linear Recharge Project (Project) Mitigated Negative Declaration (MND)
State Clearinghouse No.: 2024100477

RECOMMENDED MITIGATION MEASURE STATUS/DATE/INITIALS
Before Disturbing Soil or Vegetation
SWHA
Recommended Mitigation Measure 2:

SWHA Take Authorization
BUOW
Recommended Mitigation Measure 3:

BUOW Surveys Prior to Construction
Recommended Mitigation Measure 4:

BUOW Consultation
CBB
Recommended Mitigation Measure 5: CBB
habitat assessment
Recommended Mitigation Measure 6: CBB
surveys
Recommended Mitigation Measure 8: CBB
take authorization
Other State Species of Special Concern
Recommended Mitigation Measure 9:

Surveys
During Construction
SWHA
Recommended Mitigation Measure 1:

SWHA Buffers
CBB
Recommended Mitigation Measure 7:

CBB Avoidance
Other State Species of Special Concern
Recommended Mitigation Measure 10:

Avoidance
Special-Status Bat Species
Recommended Mitigation Measure 11:

Bat Roost Disturbance Minimization
and Avoidance
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0473 Agenda Date: 11/18/2024 Agenda #: 8.

Agenda Item Wording:

Approval of Agricultural Conservation Easement Form - A request by Great Valley Land Trust to have their agricultural conservation easement form and content approved as required per the City's adopted Agricultural Preservation Ordinance.

Deadline for Action: 11/18/2024
Submitting Department: Community Development
Contact Name and Phone Number:

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

Staff recommends that the City Council approve the form and content of the Great Valley Land Trust (GVLT) agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Summary:

Great Valley Land Trust has submitted three agricultural conservation easement documents. A copy of the three “Deed of Agricultural Conservation Easement” are attached to this report as Attachments 1, 2, and 3. The conservation easement documents are being prepared to encumber approximately 178.32-acres of Farmland of Statewide Importance to mitigate the conversion of prime farmland or farmland of statewide importance for the following residential developments approved and/or in the process of going through the discretionary process as follows:

1. Approximately 25 acres of prime farmland in association with DH Hortons Shepherd Ranch II (formerly Iron Ridge) Tentative Subdivision Map No. 5589 (Attachment 1).

2. Approximately 40 acres of prime farmland in association with Wathen Castanos Homes Belissa Tentative Subdivision Map No. 5587 (Attachment 2).

3. Approximately 43.11 acres of prime farmland in association with San Joaquins Valley Homes approved “Elliot Tentative Subdivision Map No. 5597”, and ±56.89 acres of the recently submitted Blankship Tentative Subdivision (applications are currently being reviewed for completeness, still pending) (Attachment 3).

In addition, approximately 13.32 acres which GVLT recognizes as conservation easement will serve as the basis for additional mitigation credits, which may be used to satisfy project mitigation obligations of local land use authorities for future projects.

As required pursuant to Article 3, Section 18.040.080.D “Approval of the Easement(s)” of the Agricultural Preservation Ordinance (APO), the City Council shall approve the form and content of all agricultural conservation easements to ensure consistency with this chapter. Subsequent easement form reviews, which were initially approved by the City Council, may permit the Council to authorize a Visalia City Council Page 1 of 6 Printed on 11/14/2024
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form reviews, which were initially approved by the City Council, may permit the Council to authorize a designee to review and confirm future easements as addressed in Section 18.04.080.D of the APO.

Please note staff will prepare a future item for City Council’s consideration to designate an “authorized party”, if desired, to review and confirm consistency of subsequent easements if future easement documents are consistent with the form previously approved by the City Council.

Great Valley Land Trust is seeking approval by the City Council that their easement form and content complies with the requirements set forth in Article 3 Section 18.04.080 of the APO. Staff has reviewed the three easement documents submitted by GVLT and concludes that the easement documents address the provisions as follows:

1. Section 18.04.080.A Easement Acquisition. The applicant shall convey, or arrange for the conveyance of, an area of land meeting its preserved land obligation to a qualified entity for execution of an agricultural conservation easement thereon.

Response: The easement document clearly demonstrates that the applicant is conveying farmland of statewide importance to a certified entity (Great Valley Trust) based on their land obligation requirement to mitigate farmland being developed for the residential projects noted above.

2. Section 18.04.080.B.1 through 6 Eligibility of Land for Easement. The preserved land shall meet all of the following requirements to be eligible for placement in an agricultural conservation easement.

1. The preserved land shall be located in the southern San Joaquin Valley, with preference afforded to preserved land located within 10 miles of the City limits. The preserved land must be located outside any city’s limits and sphere of influence.

Response: The 178.32-acre site is located approximately 37 miles southeast of Visalia and located directly east of the community of Richgrove, CA , within County of Tulare. The site is bordered by County Line road to the south and private ranch roads (APNs: 342-120-016, 022, 024, 025, 026).

2. The preserved land shall be designated as prime farmland or farmland of statewide importance on the most recent published Farmland Mapping and Monitoring Program (FMMP) map.

Response: The property is designated as “prime farmland” on the most recently published FMMP map.

3. The preserved land shall be a minimum of 20 contiguous acres in size.

Response: The preserved land is 178.32-acres.

4. The preserved land shall be zoned and planned for agricultural uses consistent with the purposes of an agricultural conservation easement.

Response: The preserved land is zoned AE-40 per the Tulare County Public Parcel Zoning Lookup Map (<https://tularecounty.ca.gov/rma/planning-building/zoning-entitlements/>).

5. The preserved land shall have at least one verified source of water.

Response: The preserved land has water irrigation water supply from an onsite irrigation well and reservoir as depicted on Attachment 4 “Water source map”. The property owner has also Visalia City Council Page 2 of 6 Printed on 11/14/2024
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and reservoir as depicted on Attachment 4 “Water source map”. The property owner has also provided grant deeds identifying they own the parcel(s) including the parcel with the water irrigation well and on-site reservoir (see Attachment 5).

6. The preserved land shall not be encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. Such uses shall be deducted from the total acreage being preserved.

Response: The preserved land is not encumbered by any use or structure that would be incompatible with the purpose of the agricultural conservation easement. A review of aerial map imagery (see attached map) does identify wind turbines/wind machines on the subject parcels which are consistent with the farming operation. No other additional structure(s) or use (s) are located on the land to be conserved that would be incompatible with the purpose of an agricultural easement.

3. Section 18.04.080.C.1 through 11 Terms of Easement. The agricultural conservation easement shall be consistent with the purpose and intent of this chapter and shall include, at a minimum, the following terms.

1. The agricultural conservation easement prohibits all residential, commercial, or industrial development and any other land uses or activities that substantially impair or diminish the agricultural productive capacity of the preserved land or that are otherwise inconsistent with the conservation purposes of this chapter.

Response: GVLTs easement document addresses these items under Section 3 “Prohibited Uses, Section 5 Construction or Placement of Buildings and Other Improvements, Section 6 No Subdivision and Section 7 Extinguishment of Development Rights (see Attachments 1, 2, and 3).

2. The agricultural conservation easement prohibits the landowner from entering into any additional easement, servitude, or other encumbrance that could prevent or impair the potential agricultural use of the preserved land.

Response: GVLTs easement document addresses this item under Section 27 Granting Subsequent Easements, Interests in Land, or Use Restrictions (see Attachments 1, 2, and 3).

3. The agricultural conservation easement limits the construction of structures to those designed to facilitate agricultural use of the property, except that this division shall not prohibit replacement of an existing home that was present at the time the easement was established so long as the replacement of the home does not prevent the agricultural use of the property.

Secondary dwelling units or farmworker housing may also be permitted, so long as the primary use of the property is agricultural.

Response: GVLTs easement document addresses this item under Section 5 Construction or Placement of Buildings and Other Improvements.

4. The preserved land to be subject to the agricultural conservation easement will be either obtained from a willing seller or voluntarily conveyed by the applicant.

Response: Yes, the property owner is encumbering 178.32-acres with agricultural easements to mitigate prime farmland or farmland of statewide importance being developed for several residential subdivision projects as follows:
a. Approximately 24.66 acres of prime farmland in association with DH Hortons Shepherd Visalia City Council Page 3 of 6 Printed on 11/14/2024
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File #: 24-0473 Agenda Date: 11/18/2024 Agenda #: 8.

Ranch II (formerly Iron Ridge) Tentative Subdivision Map No. 5589. b. Approximately 38.42 acres of prime farmland in association with Wathen Castanos Homes Belissa Tentative Subdivision Map No. 5587.
c. Approximately 43.11 acres of prime farmland in association with San Joaquins Valley Homes approved “Elliot Tentative Subdivision Map No. 5597”, and ±56.89 acres for the recently submitted Blankship Tentative Subdivision (applications are currently being reviewed for completeness, still pending).
d. Approximately 14.86 acres which GVLT recognizes as conservation easement that will serve as the basis for additional mitigation credits, which may be used to satisfy project mitigation obligations of local land use authorities for future projects.

5. Any existing financial liens or financial encumbrances on the preserved land shall be subordinated to the agricultural conservation easement.

Response: Great Valley Land Trust’s easement document addresses this item under Section 26 The Landowner’s Title Warranty; No Prior Conservation Easements.

6. The agricultural conservation easement shall be approved by the qualified entity that will hold the easement and executed by all parties with an interest in the preserved land.

Response: GVLT prepared the Deed of Agricultural Conservation Easement that will be executed by all parties with an interest in the preserved land. The City Council on March 4, 2024, certified GVLT as an entity for the purpose of holding agricultural conservation easements in accordance with the City of Visalia Agricultural Preservation Ordinance.

7. The agricultural conservation easement is in recordable form and contains an accurate legal description of the preserved land.

Response: The Deed of Agricultural Conservation Easement(s) has been prepared in a recordable form and contains an accurate legal description and map of the preserved land (see Attachments 1, 2, and 3).

8. The agricultural conservation easement names the qualified entity as an intended beneficiary and authorizes it to enforce all terms of the easement.

Response: GVLT, a California nonprofit public benefit corporation, having an address at 525 West Main Street, Suite 208, Visalia, CA 93291, is named as the “Grantee”, for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

9. The agricultural conservation easement recites that it is intended to satisfy the preserved land obligation imposed by this chapter and that it is subject to the requirements set forth in this chapter.

Response: GVLTs easement document addresses this requirement under Recitals Section C (see Attachments 1, 2, and 3).

10. The agricultural conservation easement provides that if the qualified entity holding the easement ceases to exist, ownership of the easement shall pass to another qualified entity.

Response: Great Valley Land Trust’s easement document addresses this requirement under Section 18 Transfer of Easement (see Attachments 1, 2, and 3).

11. The agricultural conservation easement has been approved as to form by the City of Visalia, in Visalia City Council Page 4 of 6 Printed on 11/14/2024
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File #: 24-0473 Agenda Date: 11/18/2024 Agenda #: 8.

11. The agricultural conservation easement has been approved as to form by the City of Visalia, in accordance with section 18.04.080(D).

Response: Staff recommends the City Council approve GVLTs Deed of Agricultural Conservation Easement documents. The easement documents form and content demonstrate compliance with the City’s adopted APO. In addition, GVLT has been confirmed by the City Council as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance.

Fiscal Impact:

None.

Prior Council Action:
· On September 16, 2024, the City Council approved the form and content of Great Valley Land Trust agricultural conservation easement in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

The conservation easement document is being prepared to mitigate the conversion of approximately 34 acres of prime farmland in association with DH Hortons “Pearl Woods Subdivision Map No. 5591”.
· On March 4, 2024, the City Council confirmed Great Valley Land Trust as a qualified entity for the purposes of holding agricultural conservation easements in accordance with the provisions as defined in Article 4 of the City of Visalia Agricultural Preservation Ordinance. · On May 15, 2023, the City Council held a second reading and adopted Ordinance No. 2023- 02 (Agricultural Preservation Ordinance).
· On May 1, 2023, the City Council held a public hearing to introduce Ordinance No. 2023-02.

The City Council voted 4-0, Vice Mayor Taylor recused, to introduce and adopted Ordinance No. 2023-02 (Agricultural Preservation Ordinance).
· On March 6, 2023, the City Council received a presentation and update on the release of the draft APO. During the Work Session presentation, the consultant and staff provided an overview of the ordinance and received input from the City Council and community on the content of the draft ordinance.
· On December 5, 2022, the City Council received a presentation and provided direction regarding a series of options for the City Council’s consideration ahead of a future adoption of an APO to implement General Plan Land Use Policy LU-P-34. · On August 18, 2022, the City Council adopted Resolution No. 2022-50 which rescinded the adoption of Resolution No. 2021-44, which approved General Plan Amendment No. 2021-01, a request by the City of Visalia to amend language to General Plan Land Use Policy LU-P-34 by removing the requirement to establish an Agricultural Mitigation Program (AMP) for properties converting prime farmland and farmland of statewide importance within Growth Tiers II and III. The adoption of the resolution to rescind the adoption of Resolution No. 2021- 44 was based on the ruling of the Superior Court of the State of California, County of Tulare, which invalidated the City of Visalia’s approval to General Plan Amendment (GPA) No. 2021- 01 and the related certification of an addendum to a previously certified environmental impact report (EIR).

Visalia City Council Page 5 of 6 Printed on 11/14/2024
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File #: 24-0473 Agenda Date: 11/18/2024 Agenda #: 8.

Other: N/A
Alternatives:

The City Council can elect to not approve the form and content of Great Valley Land Trust agricultural conservation easements.

Recommended Motion (and Alternative Motions if expected):

I move to approve the form and content of Great Valley Land Trust agricultural conservation easements in accordance with the provisions as defined in Article 3 “Methods of Preservation” of the City of Visalia Agricultural Preservation Ordinance.

Environmental Assessment Status:

The requested action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15060(c)(3) since the activity in question is not a “project” as defined in CEQA Guidelines Section 15378, it does not have a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment.

CEQA Review:

The requested action is not a “project” under CEQA.

Attachments:

1. Attachment 1 - Deed of Agricultural Conservation Easement for DH Hortons Shepherd Ranch II (formerly Iron Ridge) Tentative Subdivision Map No. 5589

2. Attachment 2 - Deed of Agricultural Conservation Easement for Wathen Castanos Homes Belissa Tentative Subdivision Map No. 5587

3. Attachment 3 - Deed of Agricultural Conservation Easement

4. Attachment 4 - Water source map

5. Attachment 5 - Grant Deed showing SE Land is the owner of the subject APN’s

6. Aerial Maps of Easement Area
Visalia City Council Page 6 of 6 Printed on 11/14/2024
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Recording requested by and when
recorded please return to:

Great Valley Land Trust
525 W. Main St. Ste. 8
Visalia, CA 93291
(Space above this line reserved for Recorder’s use)

DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement is granted on this _____ of __________ 2024, by SE Land, LLC, a California limited liability company, having an address at P.O. Box 964 Visalia, CA 93279 (“Landowner”), to GREAT VALLEY LAND TRUST, a California nonprofit public benefit corporation, having an address at 525 W. Main St. Ste. 208, Visalia, CA 93291 (“Grantee”), for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

RECITALS
A. The Landowner is the sole owner in fee simple of the conserved farmland property (“Property”) legally described in Exhibit A (“Legal Description”) and generally depicted in Exhibit B (“Map”), attached to and made a part of this Agricultural Conservation Easement (“Easement”). The Property consists of approximately 25 acres of land and is located in Tulare County, California, being a portion of assessor’s parcel number(s) 342- 120-022, 025. The Property is open farmland, whose soils have been classified as prime farmland or farmland of statewide importance by the U.S. Department of Agriculture’s Natural Resources Conservation Service, and by the California Department of Conservation’s Farmland Mapping and Monitoring Program, because this land has the soil quality, growing season, and water supply needed for sustained agricultural production.

B. The agricultural and other characteristics of the Property, its current use and state of improvement, are documented and described in a Baseline Documentation Report (“Baseline Report”), prepared by the Grantee with the cooperation of the Landowner and incorporated herein by this reference. The Landowner and the Grantee warrant that the Baseline Report is complete and accurate as of the date of this Easement. Both the Landowner and the Grantee shall retain duplicate original copies of the Baseline Report.

The Baseline Report may be used to establish whether a change in the use or condition of 491
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the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of this Easement.

C. DR Horton CA3 Inc., a Delaware corporation (“Developer”), a Delaware limited liability company, pursuant to Visalia Municipal Code Title 18, Chapter 18.04, Agricultural Land Preservation Program (“APO”) seeks to protect farmland in the Southern San Joaquin Valley through causing the grant of a perpetual conservation easement to mitigate for the conversion of approximately 25 acres of “prime farmland” or “farmland of statewide importance” in connection with the annexation of land for the “Shepherds Ranch” in Visalia, and upon City’s acceptance attached hereto to satisfy the preserved land obligation imposed by the APO and subject to the requirements set forth therein.

D. The Landowner grants this Easement for valuable consideration to the Grantee for the purpose of assuring that, under the Grantee’s perpetual stewardship, the agricultural productive capacity and open space character of the Property will be conserved and maintained forever, and that uses of the land that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current agricultural use of, and improvements to, the Property, as represented in the Baseline Report completed at the time of this Easement’s recordation, are consistent with the conservation purposes of this Easement.

E. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation and environmental policies:

1. The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. section 4201 et seq., whose purpose is “to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland;”

2. The California Environmental Quality Act (PRC §§21000 et seq.) which requires that significant impacts to the environment resulting from a project be mitigated to the extent feasible;

3. California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements;

4. California Government Code Section 65966 (a), which states that “any conservation easement created as a component of satisfying a local or state mitigation requirement shall be perpetual in duration”;

5. California Constitution Article XIII, section 8, California Revenue and Taxation Code sections 421.5 and 422.5, and California Civil Code section 815.1, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the 492
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Property’s tax valuation be consistent with restriction of its use for purposes of food and fiber production and conservation of natural resources;

6. Section 10200 et seq. of the California Public Resources Code, which creates the California Farmland Conservancy Program within the Department;

7. Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands, by providing that “agricultural lands have a definitive public value as open space" and "that the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest”;

8. California Food and Agriculture Code Section 821 states that one of the major principles of the State's agricultural policy is "to sustain the long-term productivity of the State's farms by conserving and protecting the soil, water, and air, which are agriculture's basic resources”.

F. The Grantee is a California nonprofit organization within the meaning of California Public Resources Code section 10221 and California Civil Code section 815.3 and is a tax exempt and “qualified conservation organization” within the meaning of Sections 501(c)(3) and 170(b)(1)(A)(iv) as defined by the United States Internal Revenue Code. Grantee, as certified by a resolution of Grantee's Board of Trustees, accepts the responsibility of enforcing the terms of this Easement and upholding its conservation purposes forever. 493
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GRANT OF AGRICULTURAL CONSERVATION EASEMENT
Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Landowner voluntarily grants and conveys to the Grantee, and the Grantee voluntarily accepts, a perpetual conservation easement, as defined by Sections 815.1 and 815.2 of the California Civil Code and Section 10211 of the California Public Resources Code, and of the nature and character described in this Easement for the purpose described below, and agree as follows:

1. Conservation Purpose.

The conservation purpose (“Purpose”) of this Easement is to enable the Property to remain in productive agricultural use in perpetuity by preventing and correcting uses of the Property prohibited by the provisions of this Easement. To the extent that the preservation of the open space character of the Property is consistent with such use, it is within the Purpose of this Easement to protect those values.

2. Right to Use Property for Agricultural Purposes.

The Landowner retains the right to use the Property for agricultural purposes, or to permit others to use the Property for agricultural purposes, in accordance with applicable law and this Easement.

3. Prohibited Uses.

The Landowner shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with this Easement. Any use or activity that would diminish or impair the agricultural productive capacity of the Property and open space character protected by this Easement, or that would cause significant soil degradation or erosion, restrict agricultural husbandry practices, or that is otherwise inconsistent with the Conservation Purpose is prohibited (“Prohibited Use”). The transfer of credits to pump groundwater onto or off of the Property shall not be a Prohibited Use, provided that such transfer does not diminish or impair the agricultural productive capacity of the Property. “Husbandry practices” means agricultural activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

This Easement authorizes the Grantee to enforce these covenants in the manner described herein. However, unless otherwise specified, nothing in this Easement shall require the Landowner to take any action to restore the condition of the Property after any Act of God or other similar event over which the Landowner had no control, or to acquire additional groundwater supply for the Property. The Landowner understands that nothing in this Easement relieves it of any obligation or restriction on the use of the Property imposed by 494
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law.

4. Permission of the Grantee.

Where the Landowner is expressly required to obtain the Grantee’s permission for a proposed use hereunder, said permission (a) shall not be unreasonably delayed or withheld by the Grantee, (b) shall be sought and given in writing, with copies of all documents to be provided to the City, and (c) shall in all cases be obtained by the Landowner prior to the Landowner's undertaking of the proposed use. The Grantee shall grant permission to the Landowner only where the Grantee, acting in the Grantee's sole reasonable discretion and in good faith, determines that the proposed use is not a “Prohibited Use” as defined in Section 3.

5. Construction or Placement of Buildings and Other Improvements.

The Landowner may undertake construction, erection, installation, or placement of buildings, structures, or other improvements on the Property only as provided in subsections (a) through (e) below. All other construction, erection, installation, or placement of buildings, structures, or other improvements on the Property is prohibited.

Before undertaking any construction, erection, installation or placement that requires permission, the Landowner shall notify the Grantee and obtain prior written permission from the Grantee.

For purposes of this section, the term “improvements” shall not refer to, and specifically excludes, crops, plants, trees, vines, or other living improvements planted for agricultural purposes, nor shall it refer to irrigation improvements necessary or desirable to irrigate the Property for agricultural purposes, all of which may be made without permission of the Grantee.
(a) Fences – Existing fences may be repaired and replaced without permission of the Grantee. New fences may be built anywhere on the Property for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Property, without permission of the Grantee. (b) Agricultural Structures and Improvements – There are currently no structures on the Property. Minor agricultural structures, such as workshops, storage sheds, pump houses, and other structures used for the direct growing or support of growing agricultural crops on the Property, are allowed to be constructed or placed on the Property with permission of the Grantee pursuant to Section 4. Prior to any new construction, Grantor shall give at least sixty (60) days’ advance notice to Grantee in writing in accordance with the provisions of Sections 4 and 24. The written notice must provide Grantee with adequate information, documents and plans to enable Grantee to confirm compliance with this Easement and enable Grantee to keep its records current. (c) Utilities and Septic Systems – Wires, lines, pipes, cables or other facilities providing 495
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electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted herein or to transmit power generated on the Property may be installed, maintained, repaired, removed, relocated and replaced.
(d) Groundwater Extraction and Conveyance Facilities – Groundwater wells and associated pumps, pipes for water conveyance, and associated equipment and facilities used for irrigation consistent with the terms of this Easement may be installed without permission of the Grantee. For clarity, the ability to drill and develop groundwater wells on the Property is not a “development right” granted to Grantee.

(e) Power generation and transmission facilities primarily for agricultural and other permitted uses on the Property may be constructed only with permission of the Grantee pursuant to Paragraph 4, and must be located in an area not to exceed 5 acres. Power generated in excess of requirements on the Property may be sold to appropriate public utilities. Notwithstanding the foregoing, commercial power generation, collection or transmission facilities, including wind or solar farms and the conveyance of any rightsof-way over, under or on the Property for any such purpose, are prohibited.

6. No Subdivision.

The division, subdivision, defacto subdivision, or partition of the Property, including transfer of development rights, whether by physical, legal, or any other process, is prohibited.

The Landowner and Grantee acknowledge and understand that the Property consists of the legal parcel(s) or portions thereof, and that no additional, separate legal parcels currently exist within the Property that may be recognized by a certificate of compliance or conditional certificate of compliance pursuant to California Government Code section 66499.35 based on previous patent or deed conveyances, subdivisions, or surveys. The Landowner will not apply for or otherwise seek recognition of additional legal parcels within the Property based on certificates of compliance or any other authority.

Lot line adjustment may be permitted only with the written approval of the Grantee pursuant to Section 4, in conjunction with the approval of the local jurisdiction, and for purposes of maintaining, enhancing or expanding agricultural practices or productivity on the Property, provided that the boundaries of this Easement may not be altered by such Lot Line Adjustment.

7. Extinguishment of Development Rights.

The Landowner hereby grants to the Grantee all development rights except as specifically reserved in this Easement, that were previously, are now or hereafter allocated to, implied, reserved, appurtenant to, or inherent in the Property, and the parties agree that such rights are released, terminated, and extinguished, and may not be used on or transferred by either party to any portion of the Property as it now or later may be bounded or described, or to 496
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any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. This Easement shall not create any development rights.

8. General Prohibition on Surface Mining.

Except as specifically authorized herein, the mining, removal or extraction on or from the area subject to this Easement of soil, sand, gravel, aggregate, rock, oil, natural gas, fuel, or any other mineral substance, through a surface mining, removal or extraction method or from above a depth of 150 feet below the surface of the Property is prohibited. This prohibition includes the installation of roads or pipelines for transportation of the previously stated resources.

If a third party owns or leases the oil, natural gas, or any other mineral rights associated with the Property at the time this Easement is executed, and their interests have not been subordinated to this Easement, the Landowner must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Paragraph 8. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement are subordinate to the terms of this Easement and must incorporate by reference the term of this Easement.

This section is not intended to interfere with Landowners’ right to remove cobble and hardpan from farm areas in order to prepare the land for agricultural purposes.

9. Paving and Road Construction.

Other than existing roads as identified in the Baseline Report, no portion of the Property presently unpaved shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, unless such measures are required by air quality laws or regulations applicable to the Property. Except as otherwise permitted herein, no road for access or other purposes shall be constructed without the permission of the Grantee pursuant to Section 4. Notwithstanding the foregoing, construction of unpaved farm roads, as necessary or desirable by agricultural operations, is permitted without permission from the Grantee. The Landowner shall notify the Grantee of any significant relocation or net addition of unpaved farm roads.

10. Trash and Storage.

The dumping or accumulation on the Property of any kind of trash, refuse, vehicle bodies or parts, or “Hazardous Materials,” as defined in Section 25 is prohibited. Farm-related trash and refuse produced on the Property may be temporarily stored on the Property subject to all applicable laws. The storage of agricultural products and byproducts produced on the Property and materials reasonably required for agricultural production on the Property, including Hazardous Materials, is permitted as long as it is done in accordance with all applicable government laws and regulations. 497
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11. Commercial Signs.

Commercial signs (including billboards) unrelated to permitted activities conducted on the Property are prohibited.

12. Recreational Uses; Motorized Vehicle Use Off Roadways Resort structures, athletic fields, golf courses, non-residential swimming pools, public or commercial airstrips, commercial equestrian facilities, public or commercial helicopter pads, and any other non-agricultural recreational structures or facilities are prohibited on the Property. The use of motorized vehicles off roadways is prohibited except where used for agricultural production, property maintenance and security, or for the purpose of monitoring this Easement.

13. Water Rights.

The Landowner shall retain and reserve all ground water, and all appropriative, prescriptive, contractual or other water rights appurtenant to the Property at the time this Easement becomes effective and thereafter. The Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate such quantity of water or water rights from title to the Property itself. Permanent separation of water or water rights is prohibited.

All water shall be retained in Tulare County for agricultural production and used in conjunction with the improvements permitted by Section 5 of this Easement only.

Water may be temporarily distributed to a contiguous property or other property on an annual basis for agricultural production only. Any temporary distribution of water shall not impair the long-term agricultural productive capacity or open space character of the Property.

14. Rights Retained by the Landowner.

Subject to Section 7 and to interpretation under Section 23, as owner of the Property, the Landowner reserves all interests in the Property not transferred, conveyed, restricted, prohibited or extinguished by this Easement. These ownership rights include, but are not limited to, the right to sell, lease, or otherwise transfer the Property to anyone the Landowner chooses, as well as the right to privacy, the right to exclude any member of the public from trespassing on the Property, and any other rights consistent with the Purpose of this Easement. Nothing contained herein shall be construed as a grant to the general public of any right to enter upon any part of the Property.

Nothing in this Easement relieves the Landowner of any obligation or restriction on the use of the Property imposed by law.
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15. Responsibilities of the Landowner and the Grantee Not Affected.

Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Landowner as owner of the Property. Among other things, this shall apply to:
(a) Taxes – The Landowner shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on the Landowner’s interest in order to protect Grantee’s interests in the Property, the Landowner will reimburse the Grantee for the same. It is intended that this Easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code Sections 402.1(a)(8) and 423. (b) Upkeep and Maintenance – The Landowner shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. If the Grantee acts to maintain the Property in order to protect the Grantee’s interest in the Property, the Landowner will reimburse the Grantee for any such costs. (c) Liability and Indemnification – In view of the Grantee’s and the City negative rights, limited access to the land, and lack of active involvement in the day-to-day management activities on the Property, the Landowner shall indemnify, protect, defend and holds harmless the Grantee and the City, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with or relating to the Property or the Easement. As between City, Grantee and Landowner, Landowner shall be solely liable for injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the negligence or willful misconduct of the Grantee, the City, and/or their respective Agents and Assigns. The Grantee shall be named as an additional insured on Landowner’s general liability insurance policy.

Neither the Grantee, the City, nor their Agents and Assigns shall have responsibility for the operation of the Property, monitoring of hazardous conditions on it, or the protection of the Landowner, the public or any third parties from risks relating to conditions on the Property. Without limiting the foregoing, neither the Grantee, nor the City, nor their respective Agents and Assigns shall be liable to the Landowner or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage or expense suffered or incurred by or threatened against the Landowner or any other person or entity, except as the claim, liability, damage, or 499
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expense is the result of the gross negligence or intentional misconduct of the Grantee, or the City, or their respective Agents and Assigns.

The Landowner’s indemnification of the City shall extend to ensure that the City shall not incur any liability for the actions or inactions addressed herein.

Grantee shall indemnify, protect, defend and holds harmless the Landowner, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of Grantee’s breach of the terms of this Easement.

16. Monitoring.
(a) The Grantee shall manage its responsibilities as holder of this Easement in order to uphold the Purpose of this Easement. The Grantee’s responsibilities include, but are not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement of this Easement, for the purpose of preserving the Property’s agricultural productive capacity and open space character in perpetuity. The Grantee shall report to the City on or before February 1 of each year after the annual monitoring visit, describing method of monitoring, condition of the Property, stating whether any violations were found during the period, describing any corrective actions taken, the resolution of any violation, any requested or approved actions made in accordance with Section 4, and any transfer of interest in the Property.

Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way. With reasonable advance notice (except in the event of an emergency circumstance or prevention of a threatened breach), Grantee shall have the right to enter upon, inspect, observe, monitor and evaluate the Property to identify the current condition of, and uses and practices on the Property and to determine whether the condition, uses and practices are consistent with this Easement.
(b) Grantee shall indemnify, defend with counsel of Landowner’s choice, and hold Landowner harmless from, all expense, loss, liability, damages and claims, including Landowner’s attorneys’ fees, if necessary, arising out of Grantee’s entry on the Property, unless caused by a violation of this Easement by Landowner or by Landowner’s negligence or willful misconduct.

17. Enforcement.
(a) The Grantee may take all actions, including legal actions, that it deems necessary to ensure compliance with the terms, conditions, covenants, and purposes of this Easement. The Grantee shall have the right to prevent and correct violations of the terms, conditions, covenants, and purposes of this Easement. If the Grantee finds what it believes is a violation or potential violation, it may at its discretion take appropriate 500
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legal action to ensure compliance with the terms, conditions, covenants, and purposes of this Easement and shall have the right to correct violations and prevent the threat of violations. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productive capacity and open space character of the Property, the Grantee shall give the Landowner written notice of the violation or potential violation, and thirty (30) days to correct it, before filing any legal action. (b) If a court with jurisdiction determines that a violation may exist, has occurred, or is about to occur, the Grantee may obtain an injunction, specific performance, or any other appropriate equitable or legal remedy, including (i) money damages, including damages for the loss of the agricultural conservation values protected by this Easement, (ii) restoration of the Property to its condition existing prior to such violation, and (iii) an award for all of the Grantee’s expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney’s fees. The failure of the Grantee to discover a violation or potential violation, or to take immediate legal action to prevent or correct a violation or potential violation known to the Grantee, shall not bar the Grantee from taking subsequent legal action. The Grantee’s remedies under this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(c) Without limiting the Landowner’s liability, the Grantee shall apply damages recovered to the cost of undertaking any corrective action on the Property. Should the restoration of lost values be impossible or impractical for whatever reason, the Grantee shall apply any and all damages recovered to furthering the Purpose of this Easement. (d) In the event the Grantee fails to enforce any term, condition, covenant or purpose of this Easement, as determined by the City, then the City, or their successors and assigns, shall have the right to enforce the Easement after giving notice to the Grantee and the Landowner and providing a reasonable opportunity under the circumstances for the Grantee to enforce any term, condition, covenant, or purpose of the Easement. In the event that the City have reasonable cause to suspect that the Grantee has failed to enforce any of the terms, conditions, covenants, or purposes of the Easement, the City and their successors and assigns shall be entitled to exercise the same right to enter the Property granted to the Grantee, including right of immediate entry in the event of an emergency or suspected emergency where the City or their successor or assign has reasonable cause to determine that immediate entry is required to prevent, terminate or mitigate a violation of this Easement.
(e) Failure or refusal to exercise any rights under the terms of this Easement by the Grantee or the City in the event of a violation by the Landowner of any term herein shall not constitute a waiver or forfeiture of the Grantee’s or the City right to enforce any term, condition, covenant, or purpose of this Easement.

18. Transfer of Easement.
(a) This Easement may only be assigned or transferred to an entity authorized to hold such 501
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Easement as specified under Section 10211 of the Public Resources Code and has similar purposes to preserve, is capable of managing the Easement, and protecting the mitigation of the impacts to agricultural lands and open space. Such an assignment or transfer may proceed only if the organization or agency expressly agrees to assume the responsibility imposed on the Grantee by the terms of this Easement and is expressly willing and able to hold this Easement for the Purpose for which it was created. All assignment and assumption agreements transferring the Easement shall be recorded in Tulare County within thirty (30) days.
(b) If the Grantee should desire to assign or transfer this Easement, the Grantee must obtain written permission from the Landowner and the City, which permission shall not be unreasonably withheld.
(c) If the Grantee or its successors ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, the City, in consultation with the Landowner, shall identify and select an appropriate private or public entity to whom this Easement shall be transferred.

19. Perpetual Duration and No Merger of Title.
(a) Pursuant to California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements, and California Government Code Section 65966 (a) that requires conservation easements to be perpetual when created to satisfy a local or state mitigation requirement; this Easement shall run with the land in perpetuity. Every provision of this Easement that applies to the Landowner or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear.
(b) No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to the Grantee, or its successors or assigns. It is the express intent of the parties that this Easement not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Grantee or its successors or assigns.

20. Transfer of Property Interest.
(a) Any time the Property itself, or any interest in it, is transferred by the Landowner to any third party, the Landowner shall notify the Grantee and the City in writing at least thirty (30) days prior to the transfer of the Property or interest, and the document of conveyance shall expressly incorporate by reference this Easement. Any document conveying a lease of the Property shall expressly incorporate by reference this Easement. Failure of the Landowner to do so shall not impair the validity of this Easement or limit its enforceability in any way.
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(b) Prior to any sale, lease, license or other transfer of any interest in the Property, the Landowner shall inform the prospective transferee of this Easement and its terms and provide them with a copy of this Easement. Any such subsequent owners, lessees, licensees, or transferees shall succeed to and be bound by the terms of the Easement.

21. Amendment of Easement.
(a) This Easement may be amended only with the written consent of the Landowner, the Grantee, and the City. Any such amendment shall be consistent with the Purpose of this Easement and with the Grantee’s easement amendment policies, and shall comply with all applicable laws, including Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the California Civil Code, and the California Farmland Conservancy Program Act as codified in Section 10200 et seq. of the California Public Resources Code, and any regulations promulgated thereunder. No amendment shall diminish or affect the perpetual duration or the Purpose of this Easement, nor the status or rights of the Grantee under the terms of this Easement.
(b) This Easement and any amendment to it shall be recorded in Tulare County. A copy of the recorded amendment shall be provided to the City within thirty (30) days of recordation.

22. Termination of Easement and Eminent Domain.
(a) Termination.
(i) It is the intention of the parties that the Conservation Purpose of this Easement shall be carried out forever as provided in the Section 10211 of the California Public Resources Code, Section 815 et seq. of the California Civil Code and California Government Code Section 65966 (a). Pursuant to California Government Code Section 65966 (a), this Easement is established to satisfy a local or state mitigation requirement, and cannot be terminated pursuant to the administrative termination provision defined in Public Resources Code sections 10270 et seq.

Accordingly, Landowner expressly waives on behalf of Landowner and Landowner’s successors and assigns all rights to terminate or extinguish this Easement, or request that this Easement be terminated or extinguished pursuant to the administrative termination provisions set forth in sections 10270 et. seq. of the Public Resources Code.
(ii) If circumstances arise in the future that render all of the Purposes of this Easement impossible to accomplish, this Easement may be terminated or extinguished, whether in whole or in part, on the initiative of the Grantee or the Landowner, but only by judicial proceedings in a court of competent jurisdiction. The Grantee shall give notice to the City of any prospective termination or extinguishment of this Easement not less than 60 business days before initiating such proceedings. The City may intervene in any such judicial proceedings to protect or retain this 503
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Easement.
(iii)No inaction or silence by the Grantee shall be construed as abandonment of the Easement. The fact that the Property is not in agricultural use, or that agricultural use is no longer possible, is not reason for termination or extinguishment of this Easement so long as any of the Purposes of this Easement remains possible to accomplish. Other than pursuant to eminent domain or an involuntary acquisition for a necessary public use by public agency, corporation, or other entity or individual with the power of eminent domain (Acquiring Entity), no other voluntary or involuntary sale, exchange, conversion, transfer, assignment, lease, mortgage or other encumbrance, alienation or conveyance of any kind of all or part of the Property, or of any interest in it, shall limit or terminate or extinguish the provisions of this Easement.
(iv)Should all or part of the Property or any interest in it be proposed for acquisition for a necessary public use by an Acquiring Entity, the Landowner and the Grantee shall join in appropriate actions to recover the full value of the proposed acquisition and all incidental or direct damages resulting from the proposed acquisition as well as all other payments to which they may be entitled by law (Compensation). The Acquiring Entity shall pay Compensation directly to the Landowner and the Grantee. The Compensation of such proceeding of the Landowner and the Grantee shall be divided in accordance with the proportionate values of the Landowner's and the Grantee's interests as specified in this Section 22(b), unless otherwise provided by applicable law.
(v) If the Landowner receives notice, formal or informal, that any Acquiring Entity intends to exercise its power of eminent domain as to the Property or any portion thereof or any interest therein, Landowner shall promptly, and in any event in not less than fifteen (15) business days after receipt of such notice, give written notice to the Grantee and the City of such receipt together with a copy of any and all communications related to such prospective eminent domain proceedings. The Landowner shall thereafter promptly provide to the Grantee and the City copies of all further communications related to such proceedings and cooperate with the Grantee and the City in responding to such proceedings. (vi)Acquisition of the Easement through the power of eminent domain is subject to the requirements of Section 10261 of the California Public Resources Code, the eminent domain laws of the State of California, including Section 1240.510 or Section 1240.610 of the Code of Civil Procedure, federal law, and this Easement.

The Property may not be taken by eminent domain or in lieu of eminent domain if the planned use is more than seven (7) years in the future (California Code of Civil Procedure section 1240.220). Purchase in lieu of condemnation, or settlement of an eminent domain proceeding, shall occur pursuant to applicable laws and procedures, including but not limited to California Government Code sections 7267.1 and 7267.2, and shall require approval of the Grantee, the City. The Grantee and the City shall have an opportunity to accompany the appraiser for the Acquiring 504
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Entity when the appraiser goes on the Property with Landowner. (vii) Should this Easement be condemned or otherwise terminated on any portion of the Property, the balance of the Property shall remain subject to this Easement and reimbursement shall be pro-rated. In this event, all relevant related documents shall be updated and re-recorded by the Grantee to reflect the modified easement area.

Encumbrances junior to this Easement shall remain subordinate to the Easement as amended.
(b) Compensation.
(i) The grant of this Easement gives rise to a property right immediately vested in Grantee.
(ii) Compensation of the Grantee shall proceed as follows: The value of the Easement terminated or extinguished shall be determined in accordance with this Section 22(b), and the Grantee shall receive from the Landowner the entire value of the Easement to the extent terminated or extinguished. Until such compensation is paid to the Grantee in full, the amount of that compensation shall be a first priority lien on the Property with the same seniority as this Easement. This Easement shall not be deemed terminated or extinguished until such payment is received by the Grantee.
(iii) The parties stipulate and agree that except as otherwise required by state law, the fair market value of the Easement (the “Easement Value”) shall be equal to: (1) the fair market value of the Property, unencumbered by the Easement (the “Property Value”), less (2) the fair market value of the Property as encumbered by the Easement each as determined on or about the date of the termination. (iv) The Grantee is entitled to its full share of proceeds as calculated herein regardless of any amount owing to a lienholder, lender or other creditor of Landowner. (v) The fair market valuation shall be determined by an appraisal performed by a qualified appraiser jointly selected by the Landowner, the Grantee and the City.

Appraisals shall conform to the Uniform Standards of Professional Appraisal Practices.
(vi) If the Landowner has initiated termination of the Easement through a judicial proceeding, the Landowner shall pay the cost of the appraisal, and the appraisal is subject to approval by the City. Nothing herein shall prevent the Landowner, the Grantee, or the City from having an appraisal prepared at its own expense. (vii) If the Grantee obtains payment on a claim under a title insurance policy insuring this Easement, payment shall be distributed as set forth this Section 22(b).

23. Interpretation.
(a) This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give 505
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maximum effect to its conservation purposes.
(b) References to specific authorities in this Easement shall be to the statute, rule, regulation, ordinance, or other legal provision that is in effect at the time this Easement becomes effective.
(c) No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities that may be permitted under this Easement.

24. Notices.

Any notices to the Landowner and the Grantee required by this Easementshall be in writing and shall be personally delivered or sent by First-Class Mail to the following addresses, unless a party has been notified by the other of a change of address:

To the Landowner:

SE Land, LLC
P.O. Box 964
Visalia, CA 93279
To the Grantee:

Great Valley Land Trust
525 W. Main St. Ste 8
Visalia, CA 93291
Any notices required by this Easement to be sent to the City shall be in writing and shall be personally delivered or sent by First-Class Mail, at the following address, unless a party has been notified by the City, or either one of them, of a change of address:

To the City :

City of Visalia
707 W. Acequia Ave.

Visalia, CA 93291

25. The Landowner’s Environmental Warranty.
(a) Nothing in this Easement shall be construed as giving rise to any right or ability in the Grantee or the City to exercise physical or management control over the day-to-day operations of the Property, or any of the Landowner's activities on the Property, or otherwise to become an "owner" or "operator" with respect to the Property as those words are defined and used in environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended or any corresponding state and local statute or ordinance. 506
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(b) The Landowner warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property other than the use of Hazardous Materials in Landowner’s farming operations in compliance with Environmental Laws. Moreover the Landowner hereby promises to defend and indemnify the Grantee and the City against all litigation, claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws.

The Landowner’s indemnification obligation shall not be affected by any authorizations provided by the Grantee to the Landowner with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, however, that the Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by the Grantee.
(c) “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment or any other material defined and regulated by Environmental Laws.
(d) The Landowner warrants that it shall remain in compliance with, all applicable Environmental Laws. The Landowner warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property.
(e) “Environmental Law” or “Environmental Laws” means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, Hazardous Materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. (f) If at any time after the effective date of this Easement there occurs a release, discharge or other incident in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, the Landowner agrees to take any steps that are required of the Landowner with respect thereto under federal, state, or local law necessary to ensure its containment and remediation, including any cleanup.
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26. Title Warranty; No Prior Conservation Easements.

SE Land LLC represents and warrants that at the time of conveyance of this Easement: (1) it owns the entire fee simple interest in the Property, including the entire mineral estate except as otherwise expressly identified in this Easement, and hereby promises to defend this Easement against all claims to the contrary; (2) Any and all financial liens or financial encumbrances with priority over this Easement existing as of the date of the recording of this Easement have been subordinated; and (3) the Property is not subject to any other conservation easement whatsoever.

27. Granting Subsequent Easements, Interests in Land, or Use Restrictions. (a) With permission of the Grantee pursuant to Section 4, the Landowner may grant subsequent easements, including conservation easements, interests in land, or use restrictions on the Property. Under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restrictions that might diminish or impair the agricultural productive capacity or open space character of the Property.
(b) The Grantee’s written approval shall be obtained at least thirty (30) days in advance of the Landowner’s execution of any proposed subsequent easement, interests in land, or use restriction on the Property, and such subsequent easements, interests in land, and use restrictions shall make reference to and be subordinate to this Easement. (c) The Grantee shall notify the City immediately upon receipt of request by the Landowner to grant a subsequent easement, interest in land, or use restriction on the Property, and provide copies of documents associated with such a request to the City. (d) The Grantee shall notify the City in the event that it approves the grant of any subsequent easement, interest in land, or use restriction on the Property.

28. Administrative Costs.

The administration of this Easement by Grantee requires considerable time and expense.

Grantee shall bear all routine administrative expenses related to the Easement including, but not limited to the following activities: routine easement monitoring and reporting, and notices of permitted activities, and routine staff work. Landowner agrees to pay the reasonable expenses of Grantee for non-routine administration of the Easement including, but not limited to actions requiring Grantee's prior approval, enforcement of Easement violations and any requests of Landowner that entail or require an amendment to this Easement.

29. Severability.

If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be 508
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affected, impaired, or invalidated.

30. Entire Agreement.

This Easement, including the attached exhibits and the Baseline Report, is the final and complete expression of the agreement between the parties with respect to the subject matter contained herein. Any and all prior or contemporaneous agreements with respect to this subject matter, written or oral, are merged into and superseded by this written instrument.

The exhibits attached to and included in this Easement are:

Exhibit A - Legal Descriptions
Exhibit B - Maps

31. Acceptance.

As attested by the signature of its Executive Director affixed hereto, as authorized by Grantee’s Board of Directors/Trustees, in exchange for consideration, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Agricultural Conservation Easement.

To Have and To Hold, this Deed of Agricultural Conservation Easement unto the Grantee, its successors and assigns, forever.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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In Witness Whereof, the Landowner and the Grantee, intending to legally bind themselves, have set their hands on the date first written above.

LANDOWNER
SE Land, LLC, a California limited liability company
By: ________________________________
Name: Steve Etchegaray
Title: Authorized Representative

GRANTEE
Great Valley Land Trust,
a California nonprofit public benefit corporation
By: ________________________________
Name: Barry Lindner
Title: Board President
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On ________________ before me,_____________________________, a Notary Public, personally appeared ____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On _________________ before me,____________________________, a Notary Public, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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Exhibit A
25-ACRE AGRICULTURE PRESERVATION EASEMENT LEGAL DESCRIPTION 513
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Exhibit B
(Map)
514
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-00002
515
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Recording requested by and when
recorded please return to:

Great Valley Land Trust
525 W. Main St. Ste. 8
Visalia, CA 93291
(Space above this line reserved for Recorder’s use)

DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement is granted on this _____ of __________ 2024, by SE Land, LLC, a California limited liability company, having an address at P.O. Box 964 Visalia, CA 93279 (“Landowner”), to GREAT VALLEY LAND TRUST, a California nonprofit public benefit corporation, having an address at 525 W. Main St. Ste. 208, Visalia, CA 93291 (“Grantee”), for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

RECITALS
A. The Landowner is the sole owner in fee simple of the conserved farmland property (“Property”) legally described in Exhibit A (“Legal Description”) and generally depicted in Exhibit B (“Map”), attached to and made a part of this Agricultural Conservation Easement (“Easement”). The Property consists of approximately 53.32 acres of land and is located in Tulare County, California, being a portion of assessor’s parcel number(s) 342- 120-022, 024. The Property is open farmland, whose soils have been classified as prime farmland or farmland of statewide importance by the U.S. Department of Agriculture’s Natural Resources Conservation Service, and by the California Department of Conservation’s Farmland Mapping and Monitoring Program, because this land has the soil quality, growing season, and water supply needed for sustained agricultural production.

B. The agricultural and other characteristics of the Property, its current use and state of improvement, are documented and described in a Baseline Documentation Report (“Baseline Report”), prepared by the Grantee with the cooperation of the Landowner and incorporated herein by this reference. The Landowner and the Grantee warrant that the Baseline Report is complete and accurate as of the date of this Easement. Both the Landowner and the Grantee shall retain duplicate original copies of the Baseline Report.

The Baseline Report may be used to establish whether a change in the use or condition of 516
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the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of this Easement.

C. Trumark Properties, LLC, (“Developer”), a California limited liability company, pursuant to Visalia Municipal Code Title 18, Chapter 18.04, Agricultural Land Preservation Program (“APO”) seeks to protect farmland in the Southern San Joaquin Valley through causing the grant of a perpetual conservation easement to mitigate for the conversion of approximately 40 acres of “prime farmland” or “farmland of statewide importance” in connection with the annexation of land for the “Oak Place or Belissa” in Visalia, and upon City’s acceptance attached hereto to satisfy the preserved land obligation imposed by the APO and subject to the requirements set forth therein.

D. GVLT recognizes 13.32 acres of a conservation easement that will serve as the basis for additional mitigation credits, which may be used to satisfy project mitigation obligations of local land use authorities in the future, which credits may not be transferred or used except upon the express written consent of Landowner.

E. The Landowner grants this Easement for valuable consideration to the Grantee for the purpose of assuring that, under the Grantee’s perpetual stewardship, the agricultural productive capacity and open space character of the Property will be conserved and maintained forever, and that uses of the land that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current agricultural use of, and improvements to, the Property, as represented in the Baseline Report completed at the time of this Easement’s recordation, are consistent with the conservation purposes of this Easement.

F. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation and environmental policies:

1. The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. section 4201 et seq., whose purpose is “to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland;”

2. The California Environmental Quality Act (PRC §§21000 et seq.) which requires that significant impacts to the environment resulting from a project be mitigated to the extent feasible;

3. California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements;

4. California Government Code Section 65966 (a), which states that “any conservation easement created as a component of satisfying a local or state mitigation requirement 517
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shall be perpetual in duration”;

5. California Constitution Article XIII, section 8, California Revenue and Taxation Code sections 421.5 and 422.5, and California Civil Code section 815.1, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the Property’s tax valuation be consistent with restriction of its use for purposes of food and fiber production and conservation of natural resources;

6. Section 10200 et seq. of the California Public Resources Code, which creates the California Farmland Conservancy Program within the Department;

7. Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands, by providing that “agricultural lands have a definitive public value as open space" and "that the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest”;

8. California Food and Agriculture Code Section 821 states that one of the major principles of the State's agricultural policy is "to sustain the long-term productivity of the State's farms by conserving and protecting the soil, water, and air, which are agriculture's basic resources”.

G. The Grantee is a California nonprofit organization within the meaning of California Public Resources Code section 10221 and California Civil Code section 815.3 and is a tax exempt and “qualified conservation organization” within the meaning of Sections 501(c)(3) and 170(b)(1)(A)(iv) as defined by the United States Internal Revenue Code. Grantee, as certified by a resolution of Grantee's Board of Trustees, accepts the responsibility of enforcing the terms of this Easement and upholding its conservation purposes forever. 518
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GRANT OF AGRICULTURAL CONSERVATION EASEMENT
Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Landowner voluntarily grants and conveys to the Grantee, and the Grantee voluntarily accepts, a perpetual conservation easement, as defined by Sections 815.1 and 815.2 of the California Civil Code and Section 10211 of the California Public Resources Code, and of the nature and character described in this Easement for the purpose described below, and agree as follows:

1. Conservation Purpose.

The conservation purpose (“Purpose”) of this Easement is to enable the Property to remain in productive agricultural use in perpetuity by preventing and correcting uses of the Property prohibited by the provisions of this Easement. To the extent that the preservation of the open space character of the Property is consistent with such use, it is within the Purpose of this Easement to protect those values.

2. Right to Use Property for Agricultural Purposes.

The Landowner retains the right to use the Property for agricultural purposes, or to permit others to use the Property for agricultural purposes, in accordance with applicable law and this Easement.

3. Prohibited Uses.

The Landowner shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with this Easement. Any use or activity that would diminish or impair the agricultural productive capacity of the Property and open space character protected by this Easement, or that would cause significant soil degradation or erosion, restrict agricultural husbandry practices, or that is otherwise inconsistent with the Conservation Purpose is prohibited (“Prohibited Use”). The transfer of credits to pump groundwater onto or off of the Property shall not be a Prohibited Use, provided that such transfer does not diminish or impair the agricultural productive capacity of the Property. “Husbandry practices” means agricultural activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

This Easement authorizes the Grantee to enforce these covenants in the manner described herein. However, unless otherwise specified, nothing in this Easement shall require the Landowner to take any action to restore the condition of the Property after any Act of God or other similar event over which the Landowner had no control, or to acquire additional groundwater supply for the Property. The Landowner understands that nothing in this Easement relieves it of any obligation or restriction on the use of the Property imposed by 519
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law.

4. Permission of the Grantee.

Where the Landowner is expressly required to obtain the Grantee’s permission for a proposed use hereunder, said permission (a) shall not be unreasonably delayed or withheld by the Grantee, (b) shall be sought and given in writing, with copies of all documents to be provided to the City, and (c) shall in all cases be obtained by the Landowner prior to the Landowner's undertaking of the proposed use. The Grantee shall grant permission to the Landowner only where the Grantee, acting in the Grantee's sole reasonable discretion and in good faith, determines that the proposed use is not a “Prohibited Use” as defined in Section 3.

5. Construction or Placement of Buildings and Other Improvements.

The Landowner may undertake construction, erection, installation, or placement of buildings, structures, or other improvements on the Property only as provided in subsections (a) through (e) below. All other construction, erection, installation, or placement of buildings, structures, or other improvements on the Property is prohibited.

Before undertaking any construction, erection, installation or placement that requires permission, the Landowner shall notify the Grantee and obtain prior written permission from the Grantee.

For purposes of this section, the term “improvements” shall not refer to, and specifically excludes, crops, plants, trees, vines, or other living improvements planted for agricultural purposes, nor shall it refer to irrigation improvements necessary or desirable to irrigate the Property for agricultural purposes, all of which may be made without permission of the Grantee.
(a) Fences – Existing fences may be repaired and replaced without permission of the Grantee. New fences may be built anywhere on the Property for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Property, without permission of the Grantee. (b) Agricultural Structures and Improvements – There are currently no structures on the Property. Minor agricultural structures, such as workshops, storage sheds, pump houses, and other structures used for the direct growing or support of growing agricultural crops on the Property, are allowed to be constructed or placed on the Property with permission of the Grantee pursuant to Section 4. Prior to any new construction, Grantor shall give at least sixty (60) days’ advance notice to Grantee in writing in accordance with the provisions of Sections 4 and 24. The written notice must provide Grantee with adequate information, documents and plans to enable Grantee to confirm compliance with this Easement and enable Grantee to keep its records current. (c) Utilities and Septic Systems – Wires, lines, pipes, cables or other facilities providing 520
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electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted herein or to transmit power generated on the Property may be installed, maintained, repaired, removed, relocated and replaced.
(d) Groundwater Extraction and Conveyance Facilities – Groundwater wells and associated pumps, pipes for water conveyance, and associated equipment and facilities used for irrigation consistent with the terms of this Easement may be installed without permission of the Grantee. For clarity, the ability to drill and develop groundwater wells on the Property is not a “development right” granted to Grantee.

(e) Power generation and transmission facilities primarily for agricultural and other permitted uses on the Property may be constructed only with permission of the Grantee pursuant to Paragraph 4, and must be located in an area not to exceed 5 acres. Power generated in excess of requirements on the Property may be sold to appropriate public utilities. Notwithstanding the foregoing, commercial power generation, collection or transmission facilities, including wind or solar farms and the conveyance of any rightsof-way over, under or on the Property for any such purpose, are prohibited.

6. No Subdivision.

The division, subdivision, defacto subdivision, or partition of the Property, including transfer of development rights, whether by physical, legal, or any other process, is prohibited.

The Landowner and Grantee acknowledge and understand that the Property consists of the legal parcel(s) or portions thereof, and that no additional, separate legal parcels currently exist within the Property that may be recognized by a certificate of compliance or conditional certificate of compliance pursuant to California Government Code section 66499.35 based on previous patent or deed conveyances, subdivisions, or surveys. The Landowner will not apply for or otherwise seek recognition of additional legal parcels within the Property based on certificates of compliance or any other authority.

Lot line adjustment may be permitted only with the written approval of the Grantee pursuant to Section 4, in conjunction with the approval of the local jurisdiction, and for purposes of maintaining, enhancing or expanding agricultural practices or productivity on the Property, provided that the boundaries of this Easement may not be altered by such Lot Line Adjustment.

7. Extinguishment of Development Rights.

The Landowner hereby grants to the Grantee all development rights except as specifically reserved in this Easement, that were previously, are now or hereafter allocated to, implied, reserved, appurtenant to, or inherent in the Property, and the parties agree that such rights are released, terminated, and extinguished, and may not be used on or transferred by either party to any portion of the Property as it now or later may be bounded or described, or to 521
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any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. This Easement shall not create any development rights.

8. General Prohibition on Surface Mining.

Except as specifically authorized herein, the mining, removal or extraction on or from the area subject to this Easement of soil, sand, gravel, aggregate, rock, oil, natural gas, fuel, or any other mineral substance, through a surface mining, removal or extraction method or from above a depth of 150 feet below the surface of the Property is prohibited. This prohibition includes the installation of roads or pipelines for transportation of the previously stated resources.

If a third party owns or leases the oil, natural gas, or any other mineral rights associated with the Property at the time this Easement is executed, and their interests have not been subordinated to this Easement, the Landowner must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Paragraph 8. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement are subordinate to the terms of this Easement and must incorporate by reference the term of this Easement.

This section is not intended to interfere with Landowners’ right to remove cobble and hardpan from farm areas in order to prepare the land for agricultural purposes.

9. Paving and Road Construction.

Other than existing roads as identified in the Baseline Report, no portion of the Property presently unpaved shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, unless such measures are required by air quality laws or regulations applicable to the Property. Except as otherwise permitted herein, no road for access or other purposes shall be constructed without the permission of the Grantee pursuant to Section 4. Notwithstanding the foregoing, construction of unpaved farm roads, as necessary or desirable by agricultural operations, is permitted without permission from the Grantee. The Landowner shall notify the Grantee of any significant relocation or net addition of unpaved farm roads.

10. Trash and Storage.

The dumping or accumulation on the Property of any kind of trash, refuse, vehicle bodies or parts, or “Hazardous Materials,” as defined in Section 25 is prohibited. Farm-related trash and refuse produced on the Property may be temporarily stored on the Property subject to all applicable laws. The storage of agricultural products and byproducts produced on the Property and materials reasonably required for agricultural production on the Property, including Hazardous Materials, is permitted as long as it is done in accordance with all applicable government laws and regulations. 522
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11. Commercial Signs.

Commercial signs (including billboards) unrelated to permitted activities conducted on the Property are prohibited.

12. Recreational Uses; Motorized Vehicle Use Off Roadways Resort structures, athletic fields, golf courses, non-residential swimming pools, public or commercial airstrips, commercial equestrian facilities, public or commercial helicopter pads, and any other non-agricultural recreational structures or facilities are prohibited on the Property. The use of motorized vehicles off roadways is prohibited except where used for agricultural production, property maintenance and security, or for the purpose of monitoring this Easement.

13. Water Rights.

The Landowner shall retain and reserve all ground water, and all appropriative, prescriptive, contractual or other water rights appurtenant to the Property at the time this Easement becomes effective and thereafter. The Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate such quantity of water or water rights from title to the Property itself. Permanent separation of water or water rights is prohibited.

All water shall be retained in Tulare County for agricultural production and used in conjunction with the improvements permitted by Section 5 of this Easement only.

Water may be temporarily distributed to a contiguous property or other property on an annual basis for agricultural production only. Any temporary distribution of water shall not impair the long-term agricultural productive capacity or open space character of the Property.

14. Rights Retained by the Landowner.

Subject to Section 7 and to interpretation under Section 23, as owner of the Property, the Landowner reserves all interests in the Property not transferred, conveyed, restricted, prohibited or extinguished by this Easement. These ownership rights include, but are not limited to, the right to sell, lease, or otherwise transfer the Property to anyone the Landowner chooses, as well as the right to privacy, the right to exclude any member of the public from trespassing on the Property, and any other rights consistent with the Purpose of this Easement. Nothing contained herein shall be construed as a grant to the general public of any right to enter upon any part of the Property.

Nothing in this Easement relieves the Landowner of any obligation or restriction on the use of the Property imposed by law.
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15. Responsibilities of the Landowner and the Grantee Not Affected.

Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Landowner as owner of the Property. Among other things, this shall apply to:
(a) Taxes – The Landowner shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on the Landowner’s interest in order to protect Grantee’s interests in the Property, the Landowner will reimburse the Grantee for the same. It is intended that this Easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code Sections 402.1(a)(8) and 423. (b) Upkeep and Maintenance – The Landowner shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. If the Grantee acts to maintain the Property in order to protect the Grantee’s interest in the Property, the Landowner will reimburse the Grantee for any such costs. (c) Liability and Indemnification – In view of the Grantee’s and the City negative rights, limited access to the land, and lack of active involvement in the day-to-day management activities on the Property, the Landowner shall indemnify, protect, defend and holds harmless the Grantee and the City, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with or relating to the Property or the Easement. As between City, Grantee and Landowner, Landowner shall be solely liable for injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the negligence or willful misconduct of the Grantee, the City, and/or their respective Agents and Assigns. The Grantee shall be named as an additional insured on Landowner’s general liability insurance policy.

Neither the Grantee, the City, nor their Agents and Assigns shall have responsibility for the operation of the Property, monitoring of hazardous conditions on it, or the protection of the Landowner, the public or any third parties from risks relating to conditions on the Property. Without limiting the foregoing, neither the Grantee, nor the City, nor their respective Agents and Assigns shall be liable to the Landowner or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage or expense suffered or incurred by or threatened against the Landowner or any other person or entity, except as the claim, liability, damage, or 524
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expense is the result of the gross negligence or intentional misconduct of the Grantee, or the City, or their respective Agents and Assigns.

The Landowner’s indemnification of the City shall extend to ensure that the City shall not incur any liability for the actions or inactions addressed herein.

Grantee shall indemnify, protect, defend and holds harmless the Landowner, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of Grantee’s breach of the terms of this Easement.

16. Monitoring.
(a) The Grantee shall manage its responsibilities as holder of this Easement in order to uphold the Purpose of this Easement. The Grantee’s responsibilities include, but are not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement of this Easement, for the purpose of preserving the Property’s agricultural productive capacity and open space character in perpetuity. The Grantee shall report to the City on or before February 1 of each year after the annual monitoring visit, describing method of monitoring, condition of the Property, stating whether any violations were found during the period, describing any corrective actions taken, the resolution of any violation, any requested or approved actions made in accordance with Section 4, and any transfer of interest in the Property.

Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way. With reasonable advance notice (except in the event of an emergency circumstance or prevention of a threatened breach), Grantee shall have the right to enter upon, inspect, observe, monitor and evaluate the Property to identify the current condition of, and uses and practices on the Property and to determine whether the condition, uses and practices are consistent with this Easement.
(b) Grantee shall indemnify, defend with counsel of Landowner’s choice, and hold Landowner harmless from, all expense, loss, liability, damages and claims, including Landowner’s attorneys’ fees, if necessary, arising out of Grantee’s entry on the Property, unless caused by a violation of this Easement by Landowner or by Landowner’s negligence or willful misconduct.

17. Enforcement.
(a) The Grantee may take all actions, including legal actions, that it deems necessary to ensure compliance with the terms, conditions, covenants, and purposes of this Easement. The Grantee shall have the right to prevent and correct violations of the terms, conditions, covenants, and purposes of this Easement. If the Grantee finds what it believes is a violation or potential violation, it may at its discretion take appropriate 525
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legal action to ensure compliance with the terms, conditions, covenants, and purposes of this Easement and shall have the right to correct violations and prevent the threat of violations. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productive capacity and open space character of the Property, the Grantee shall give the Landowner written notice of the violation or potential violation, and thirty (30) days to correct it, before filing any legal action. (b) If a court with jurisdiction determines that a violation may exist, has occurred, or is about to occur, the Grantee may obtain an injunction, specific performance, or any other appropriate equitable or legal remedy, including (i) money damages, including damages for the loss of the agricultural conservation values protected by this Easement, (ii) restoration of the Property to its condition existing prior to such violation, and (iii) an award for all of the Grantee’s expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney’s fees. The failure of the Grantee to discover a violation or potential violation, or to take immediate legal action to prevent or correct a violation or potential violation known to the Grantee, shall not bar the Grantee from taking subsequent legal action. The Grantee’s remedies under this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(c) Without limiting the Landowner’s liability, the Grantee shall apply damages recovered to the cost of undertaking any corrective action on the Property. Should the restoration of lost values be impossible or impractical for whatever reason, the Grantee shall apply any and all damages recovered to furthering the Purpose of this Easement. (d) In the event the Grantee fails to enforce any term, condition, covenant or purpose of this Easement, as determined by the City, then the City, or their successors and assigns, shall have the right to enforce the Easement after giving notice to the Grantee and the Landowner and providing a reasonable opportunity under the circumstances for the Grantee to enforce any term, condition, covenant, or purpose of the Easement. In the event that the City have reasonable cause to suspect that the Grantee has failed to enforce any of the terms, conditions, covenants, or purposes of the Easement, the City and their successors and assigns shall be entitled to exercise the same right to enter the Property granted to the Grantee, including right of immediate entry in the event of an emergency or suspected emergency where the City or their successor or assign has reasonable cause to determine that immediate entry is required to prevent, terminate or mitigate a violation of this Easement.
(e) Failure or refusal to exercise any rights under the terms of this Easement by the Grantee or the City in the event of a violation by the Landowner of any term herein shall not constitute a waiver or forfeiture of the Grantee’s or the City right to enforce any term, condition, covenant, or purpose of this Easement.

18. Transfer of Easement.
(a) This Easement may only be assigned or transferred to an entity authorized to hold such 526
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Easement as specified under Section 10211 of the Public Resources Code and has similar purposes to preserve, is capable of managing the Easement, and protecting the mitigation of the impacts to agricultural lands and open space. Such an assignment or transfer may proceed only if the organization or agency expressly agrees to assume the responsibility imposed on the Grantee by the terms of this Easement and is expressly willing and able to hold this Easement for the Purpose for which it was created. All assignment and assumption agreements transferring the Easement shall be recorded in Tulare County within thirty (30) days.
(b) If the Grantee should desire to assign or transfer this Easement, the Grantee must obtain written permission from the Landowner and the City, which permission shall not be unreasonably withheld.
(c) If the Grantee or its successors ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, the City, in consultation with the Landowner, shall identify and select an appropriate private or public entity to whom this Easement shall be transferred.

19. Perpetual Duration and No Merger of Title.
(a) Pursuant to California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements, and California Government Code Section 65966 (a) that requires conservation easements to be perpetual when created to satisfy a local or state mitigation requirement; this Easement shall run with the land in perpetuity. Every provision of this Easement that applies to the Landowner or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear.
(b) No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to the Grantee, or its successors or assigns. It is the express intent of the parties that this Easement not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Grantee or its successors or assigns.

20. Transfer of Property Interest.
(a) Any time the Property itself, or any interest in it, is transferred by the Landowner to any third party, the Landowner shall notify the Grantee and the City in writing at least thirty (30) days prior to the transfer of the Property or interest, and the document of conveyance shall expressly incorporate by reference this Easement. Any document conveying a lease of the Property shall expressly incorporate by reference this Easement. Failure of the Landowner to do so shall not impair the validity of this Easement or limit its enforceability in any way.
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(b) Prior to any sale, lease, license or other transfer of any interest in the Property, the Landowner shall inform the prospective transferee of this Easement and its terms and provide them with a copy of this Easement. Any such subsequent owners, lessees, licensees, or transferees shall succeed to and be bound by the terms of the Easement.

21. Amendment of Easement.
(a) This Easement may be amended only with the written consent of the Landowner, the Grantee, and the City. Any such amendment shall be consistent with the Purpose of this Easement and with the Grantee’s easement amendment policies, and shall comply with all applicable laws, including Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the California Civil Code, and the California Farmland Conservancy Program Act as codified in Section 10200 et seq. of the California Public Resources Code, and any regulations promulgated thereunder. No amendment shall diminish or affect the perpetual duration or the Purpose of this Easement, nor the status or rights of the Grantee under the terms of this Easement.
(b) This Easement and any amendment to it shall be recorded in Tulare County. A copy of the recorded amendment shall be provided to the City within thirty (30) days of recordation.

22. Termination of Easement and Eminent Domain.
(a) Termination.
(i) It is the intention of the parties that the Conservation Purpose of this Easement shall be carried out forever as provided in the Section 10211 of the California Public Resources Code, Section 815 et seq. of the California Civil Code and California Government Code Section 65966 (a). Pursuant to California Government Code Section 65966 (a), this Easement is established to satisfy a local or state mitigation requirement, and cannot be terminated pursuant to the administrative termination provision defined in Public Resources Code sections 10270 et seq.

Accordingly, Landowner expressly waives on behalf of Landowner and Landowner’s successors and assigns all rights to terminate or extinguish this Easement, or request that this Easement be terminated or extinguished pursuant to the administrative termination provisions set forth in sections 10270 et. seq. of the Public Resources Code.
(ii) If circumstances arise in the future that render all of the Purposes of this Easement impossible to accomplish, this Easement may be terminated or extinguished, whether in whole or in part, on the initiative of the Grantee or the Landowner, but only by judicial proceedings in a court of competent jurisdiction. The Grantee shall give notice to the City of any prospective termination or extinguishment of this Easement not less than 60 business days before initiating such proceedings. The City may intervene in any such judicial proceedings to protect or retain this 528
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Easement.
(iii)No inaction or silence by the Grantee shall be construed as abandonment of the Easement. The fact that the Property is not in agricultural use, or that agricultural use is no longer possible, is not reason for termination or extinguishment of this Easement so long as any of the Purposes of this Easement remains possible to accomplish. Other than pursuant to eminent domain or an involuntary acquisition for a necessary public use by public agency, corporation, or other entity or individual with the power of eminent domain (Acquiring Entity), no other voluntary or involuntary sale, exchange, conversion, transfer, assignment, lease, mortgage or other encumbrance, alienation or conveyance of any kind of all or part of the Property, or of any interest in it, shall limit or terminate or extinguish the provisions of this Easement.
(iv)Should all or part of the Property or any interest in it be proposed for acquisition for a necessary public use by an Acquiring Entity, the Landowner and the Grantee shall join in appropriate actions to recover the full value of the proposed acquisition and all incidental or direct damages resulting from the proposed acquisition as well as all other payments to which they may be entitled by law (Compensation). The Acquiring Entity shall pay Compensation directly to the Landowner and the Grantee. The Compensation of such proceeding of the Landowner and the Grantee shall be divided in accordance with the proportionate values of the Landowner's and the Grantee's interests as specified in this Section 22(b), unless otherwise provided by applicable law.
(v) If the Landowner receives notice, formal or informal, that any Acquiring Entity intends to exercise its power of eminent domain as to the Property or any portion thereof or any interest therein, Landowner shall promptly, and in any event in not less than fifteen (15) business days after receipt of such notice, give written notice to the Grantee and the City of such receipt together with a copy of any and all communications related to such prospective eminent domain proceedings. The Landowner shall thereafter promptly provide to the Grantee and the City copies of all further communications related to such proceedings and cooperate with the Grantee and the City in responding to such proceedings. (vi)Acquisition of the Easement through the power of eminent domain is subject to the requirements of Section 10261 of the California Public Resources Code, the eminent domain laws of the State of California, including Section 1240.510 or Section 1240.610 of the Code of Civil Procedure, federal law, and this Easement.

The Property may not be taken by eminent domain or in lieu of eminent domain if the planned use is more than seven (7) years in the future (California Code of Civil Procedure section 1240.220). Purchase in lieu of condemnation, or settlement of an eminent domain proceeding, shall occur pursuant to applicable laws and procedures, including but not limited to California Government Code sections 7267.1 and 7267.2, and shall require approval of the Grantee, the City. The Grantee and the City shall have an opportunity to accompany the appraiser for the Acquiring 529
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Entity when the appraiser goes on the Property with Landowner. (vii) Should this Easement be condemned or otherwise terminated on any portion of the Property, the balance of the Property shall remain subject to this Easement and reimbursement shall be pro-rated. In this event, all relevant related documents shall be updated and re-recorded by the Grantee to reflect the modified easement area.

Encumbrances junior to this Easement shall remain subordinate to the Easement as amended.
(b) Compensation.
(i) The grant of this Easement gives rise to a property right immediately vested in Grantee.
(ii) Compensation of the Grantee shall proceed as follows: The value of the Easement terminated or extinguished shall be determined in accordance with this Section 22(b), and the Grantee shall receive from the Landowner the entire value of the Easement to the extent terminated or extinguished. Until such compensation is paid to the Grantee in full, the amount of that compensation shall be a first priority lien on the Property with the same seniority as this Easement. This Easement shall not be deemed terminated or extinguished until such payment is received by the Grantee.
(iii) The parties stipulate and agree that except as otherwise required by state law, the fair market value of the Easement (the “Easement Value”) shall be equal to: (1) the fair market value of the Property, unencumbered by the Easement (the “Property Value”), less (2) the fair market value of the Property as encumbered by the Easement each as determined on or about the date of the termination. (iv) The Grantee is entitled to its full share of proceeds as calculated herein regardless of any amount owing to a lienholder, lender or other creditor of Landowner. (v) The fair market valuation shall be determined by an appraisal performed by a qualified appraiser jointly selected by the Landowner, the Grantee and the City.

Appraisals shall conform to the Uniform Standards of Professional Appraisal Practices.
(vi) If the Landowner has initiated termination of the Easement through a judicial proceeding, the Landowner shall pay the cost of the appraisal, and the appraisal is subject to approval by the City. Nothing herein shall prevent the Landowner, the Grantee, or the City from having an appraisal prepared at its own expense. (vii) If the Grantee obtains payment on a claim under a title insurance policy insuring this Easement, payment shall be distributed as set forth this Section 22(b).

23. Interpretation.
(a) This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give 530
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maximum effect to its conservation purposes.
(b) References to specific authorities in this Easement shall be to the statute, rule, regulation, ordinance, or other legal provision that is in effect at the time this Easement becomes effective.
(c) No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities that may be permitted under this Easement.

24. Notices.

Any notices to the Landowner and the Grantee required by this Easementshall be in writing and shall be personally delivered or sent by First-Class Mail to the following addresses, unless a party has been notified by the other of a change of address:

To the Landowner:

SE Land, LLC
P.O. Box 964
Visalia, CA 93279
To the Grantee:

Great Valley Land Trust
525 W. Main St. Ste 8
Visalia, CA 93291
Any notices required by this Easement to be sent to the City shall be in writing and shall be personally delivered or sent by First-Class Mail, at the following address, unless a party has been notified by the City, or either one of them, of a change of address:

To the City :

City of Visalia
707 W. Acequia Ave.

Visalia, CA 93291

25. The Landowner’s Environmental Warranty.
(a) Nothing in this Easement shall be construed as giving rise to any right or ability in the Grantee or the City to exercise physical or management control over the day-to-day operations of the Property, or any of the Landowner's activities on the Property, or otherwise to become an "owner" or "operator" with respect to the Property as those words are defined and used in environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended or any corresponding state and local statute or ordinance. 531
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(b) The Landowner warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property other than the use of Hazardous Materials in Landowner’s farming operations in compliance with Environmental Laws. Moreover the Landowner hereby promises to defend and indemnify the Grantee and the City against all litigation, claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws.

The Landowner’s indemnification obligation shall not be affected by any authorizations provided by the Grantee to the Landowner with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, however, that the Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by the Grantee.
(c) “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment or any other material defined and regulated by Environmental Laws.
(d) The Landowner warrants that it shall remain in compliance with, all applicable Environmental Laws. The Landowner warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property.
(e) “Environmental Law” or “Environmental Laws” means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, Hazardous Materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. (f) If at any time after the effective date of this Easement there occurs a release, discharge or other incident in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, the Landowner agrees to take any steps that are required of the Landowner with respect thereto under federal, state, or local law necessary to ensure its containment and remediation, including any cleanup.
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26. Title Warranty; No Prior Conservation Easements.

SE Land LLC represents and warrants that at the time of conveyance of this Easement: (1) it owns the entire fee simple interest in the Property, including the entire mineral estate except as otherwise expressly identified in this Easement, and hereby promises to defend this Easement against all claims to the contrary; (2) Any and all financial liens or financial encumbrances with priority over this Easement existing as of the date of the recording of this Easement have been subordinated; and (3) the Property is not subject to any other conservation easement whatsoever.

27. Granting Subsequent Easements, Interests in Land, or Use Restrictions. (a) With permission of the Grantee pursuant to Section 4, the Landowner may grant subsequent easements, including conservation easements, interests in land, or use restrictions on the Property. Under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restrictions that might diminish or impair the agricultural productive capacity or open space character of the Property.
(b) The Grantee’s written approval shall be obtained at least thirty (30) days in advance of the Landowner’s execution of any proposed subsequent easement, interests in land, or use restriction on the Property, and such subsequent easements, interests in land, and use restrictions shall make reference to and be subordinate to this Easement. (c) The Grantee shall notify the City immediately upon receipt of request by the Landowner to grant a subsequent easement, interest in land, or use restriction on the Property, and provide copies of documents associated with such a request to the City. (d) The Grantee shall notify the City in the event that it approves the grant of any subsequent easement, interest in land, or use restriction on the Property.

28. Administrative Costs.

The administration of this Easement by Grantee requires considerable time and expense.

Grantee shall bear all routine administrative expenses related to the Easement including, but not limited to the following activities: routine easement monitoring and reporting, and notices of permitted activities, and routine staff work. Landowner agrees to pay the reasonable expenses of Grantee for non-routine administration of the Easement including, but not limited to actions requiring Grantee's prior approval, enforcement of Easement violations and any requests of Landowner that entail or require an amendment to this Easement.

29. Severability.

If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be 533
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affected, impaired, or invalidated.

30. Entire Agreement.

This Easement, including the attached exhibits and the Baseline Report, is the final and complete expression of the agreement between the parties with respect to the subject matter contained herein. Any and all prior or contemporaneous agreements with respect to this subject matter, written or oral, are merged into and superseded by this written instrument.

The exhibits attached to and included in this Easement are:

Exhibit A - Legal Descriptions
Exhibit B - Maps

31. Acceptance.

As attested by the signature of its Executive Director affixed hereto, as authorized by Grantee’s Board of Directors/Trustees, in exchange for consideration, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Agricultural Conservation Easement.

To Have and To Hold, this Deed of Agricultural Conservation Easement unto the Grantee, its successors and assigns, forever.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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In Witness Whereof, the Landowner and the Grantee, intending to legally bind themselves, have set their hands on the date first written above.

LANDOWNER
SE Land, LLC, a California limited liability company
By: ________________________________
Name: Steve Etchegaray
Title: Authorized Representative

GRANTEE
Great Valley Land Trust,
a California nonprofit public benefit corporation
By: ________________________________
Name: Barry Lindner
Title: Board President
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On ________________ before me,_____________________________, a Notary Public, personally appeared ____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On _________________ before me,____________________________, a Notary Public, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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Exhibit A
Exhibit A.1

AGRICULTURE PRESERVATION EASEMENT OVERALL LEGAL DESCRIPTION 538
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Exhibit A.2
40-ACRE AGRICULTURE PRESERVATION EASEMENT LEGAL DESCRIPTION 539
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Exhibit B
(Maps)
Exhibit B.1 Map 53.32 acres
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Exhibit B.2 Map 40 acres
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Recording requested by and when
recorded please return to:

Great Valley Land Trust
525 W. Main St. Ste. 8
Visalia, CA 93291
(Space above this line reserved for Recorder’s use)

DEED OF AGRICULTURAL CONSERVATION EASEMENT
This Deed of Agricultural Conservation Easement is granted on this _____ of __________ 2024, by SE Land, LLC, a California limited liability company, having an address at P.O. Box 964 Visalia, CA 93279 (“Landowner”), to GREAT VALLEY LAND TRUST, a California nonprofit public benefit corporation, having an address at 525 W. Main St. Ste. 208, Visalia, CA 93291 (“Grantee”), for the purpose of forever conserving the agricultural productive capacity and open space character of the subject property.

RECITALS
A. The Landowner is the sole owner in fee simple of the conserved farmland property (“Property”) legally described in Exhibit A (“Legal Description”) and generally depicted in Exhibit B (“Map”), attached to and made a part of this Agricultural Conservation Easement (“Easement”). The Property consists of approximately 100 acres of land and is located in Tulare County, California, being a portion of assessor’s parcel number(s) 342- 120-016, 026, 025. The Property is open farmland, whose soils have been classified as prime farmland or farmland of statewide importance by the U.S. Department of Agriculture’s Natural Resources Conservation Service, and by the California Department of Conservation’s Farmland Mapping and Monitoring Program, because this land has the soil quality, growing season, and water supply needed for sustained agricultural production.

B. The agricultural and other characteristics of the Property, its current use and state of improvement, are documented and described in a Baseline Documentation Report (“Baseline Report”), prepared by the Grantee with the cooperation of the Landowner and incorporated herein by this reference. The Landowner and the Grantee warrant that the Baseline Report is complete and accurate as of the date of this Easement. Both the Landowner and the Grantee shall retain duplicate original copies of the Baseline Report. 544
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The Baseline Report may be used to establish whether a change in the use or condition of the Property has occurred, but its existence shall not preclude the use of other evidence to establish the condition of the Property as of the date of this Easement.

C. SJV Horizontal, LLC (“Developer”), a Delaware limited liability company, pursuant to Visalia Municipal Code Title 18, Chapter 18.04, Agricultural Land Preservation Program (“APO”) seeks to protect farmland in the Southern San Joaquin Valley through causing the grant of a perpetual conservation easement to mitigate for the conversion of approximately 100 acres of “prime farmland” or “farmland of statewide importance” in connection with the annexation of 43.11 acres of land for the “Elliott Tentative, Tract 5597” in Visalia and a combined total of (+/-) 56.89 acres of land for the “Blankenship Subdivision” – Tract number to be determined, located at the southeast corner of Caldwell and Santa Fe, or future annexation(s) in Visalia, and upon City’s acceptance attached hereto to satisfy the preserved land obligation imposed by the APO and subject to the requirements set forth therein.

D. The Landowner grants this Easement for valuable consideration to the Grantee for the purpose of assuring that, under the Grantee’s perpetual stewardship, the agricultural productive capacity and open space character of the Property will be conserved and maintained forever, and that uses of the land that are inconsistent with these conservation purposes will be prevented or corrected. The parties agree, however, that the current agricultural use of, and improvements to, the Property, as represented in the Baseline Report completed at the time of this Easement’s recordation, are consistent with the conservation purposes of this Easement.

E. The conservation purposes of this Easement are recognized by, and the grant of this Easement will serve, the following clearly delineated governmental conservation and environmental policies:

1. The Farmland Protection Policy Act, P.L. 97-98, 7 U.S.C. section 4201 et seq., whose purpose is “to minimize the extent to which Federal programs and policies contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses, and to assure that Federal programs are administered in a manner that, to the extent practicable, will be compatible with State, unit of local government, and private programs and policies to protect farmland;”

2. The California Environmental Quality Act (PRC §§21000 et seq.) which requires that significant impacts to the environment resulting from a project be mitigated to the extent feasible;

3. California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements;

4. California Government Code Section 65966 (a), which states that “any conservation easement created as a component of satisfying a local or state mitigation requirement shall be perpetual in duration”;
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5. California Constitution Article XIII, section 8, California Revenue and Taxation Code sections 421.5 and 422.5, and California Civil Code section 815.1, under which this Agricultural Conservation Easement is an enforceable restriction, requiring that the Property’s tax valuation be consistent with restriction of its use for purposes of food and fiber production and conservation of natural resources;

6. Section 10200 et seq. of the California Public Resources Code, which creates the California Farmland Conservancy Program within the Department;

7. Section 51220 of the California Government Code, which declares a public interest in the preservation of agricultural lands, by providing that “agricultural lands have a definitive public value as open space" and "that the discouragement of premature and unnecessary conversion of agricultural land to urban uses is a matter of public interest”;

8. California Food and Agriculture Code Section 821 states that one of the major principles of the State's agricultural policy is "to sustain the long-term productivity of the State's farms by conserving and protecting the soil, water, and air, which are agriculture's basic resources”.

F. The Grantee is a California nonprofit organization within the meaning of California Public Resources Code section 10221 and California Civil Code section 815.3 and is a tax exempt and “qualified conservation organization” within the meaning of Sections 501(c)(3) and 170(b)(1)(A)(iv) as defined by the United States Internal Revenue Code. Grantee, as certified by a resolution of Grantee's Board of Trustees, accepts the responsibility of enforcing the terms of this Easement and upholding its conservation purposes forever. 546
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GRANT OF AGRICULTURAL CONSERVATION EASEMENT
Now, therefore, for the reasons given, and in consideration of their mutual promises and covenants, terms, conditions and restrictions contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Landowner voluntarily grants and conveys to the Grantee, and the Grantee voluntarily accepts, a perpetual conservation easement, as defined by Sections 815.1 and 815.2 of the California Civil Code and Section 10211 of the California Public Resources Code, and of the nature and character described in this Easement for the purpose described below, and agree as follows:

1. Conservation Purpose.

The conservation purpose (“Purpose”) of this Easement is to enable the Property to remain in productive agricultural use in perpetuity by preventing and correcting uses of the Property prohibited by the provisions of this Easement. To the extent that the preservation of the open space character of the Property is consistent with such use, it is within the Purpose of this Easement to protect those values.

2. Right to Use Property for Agricultural Purposes.

The Landowner retains the right to use the Property for agricultural purposes, or to permit others to use the Property for agricultural purposes, in accordance with applicable law and this Easement.

3. Prohibited Uses.

The Landowner shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with this Easement. Any use or activity that would diminish or impair the agricultural productive capacity of the Property and open space character protected by this Easement, or that would cause significant soil degradation or erosion, restrict agricultural husbandry practices, or that is otherwise inconsistent with the Conservation Purpose is prohibited (“Prohibited Use”). The transfer of credits to pump groundwater onto or off of the Property shall not be a Prohibited Use, provided that such transfer does not diminish or impair the agricultural productive capacity of the Property. “Husbandry practices” means agricultural activities, such as those specified in Section 3482.5(e) of the California Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

This Easement authorizes the Grantee to enforce these covenants in the manner described herein. However, unless otherwise specified, nothing in this Easement shall require the Landowner to take any action to restore the condition of the Property after any Act of God or other similar event over which the Landowner had no control, or to acquire additional groundwater supply for the Property. The Landowner understands that nothing in this Easement relieves it of any obligation or restriction on the use of the Property imposed by 547
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law.

4. Permission of the Grantee.

Where the Landowner is expressly required to obtain the Grantee’s permission for a proposed use hereunder, said permission (a) shall not be unreasonably delayed or withheld by the Grantee, (b) shall be sought and given in writing, with copies of all documents to be provided to the City, and (c) shall in all cases be obtained by the Landowner prior to the Landowner's undertaking of the proposed use. The Grantee shall grant permission to the Landowner only where the Grantee, acting in the Grantee's sole reasonable discretion and in good faith, determines that the proposed use is not a “Prohibited Use” as defined in Section 3.

5. Construction or Placement of Buildings and Other Improvements.

The Landowner may undertake construction, erection, installation, or placement of buildings, structures, or other improvements on the Property only as provided in subsections (a) through (e) below. All other construction, erection, installation, or placement of buildings, structures, or other improvements on the Property is prohibited.

Before undertaking any construction, erection, installation or placement that requires permission, the Landowner shall notify the Grantee and obtain prior written permission from the Grantee.

For purposes of this section, the term “improvements” shall not refer to, and specifically excludes, crops, plants, trees, vines, or other living improvements planted for agricultural purposes, nor shall it refer to irrigation improvements necessary or desirable to irrigate the Property for agricultural purposes, all of which may be made without permission of the Grantee.
(a) Fences – Existing fences may be repaired and replaced without permission of the Grantee. New fences may be built anywhere on the Property for purposes of reasonable and customary agricultural management, and for security of farm produce, livestock, equipment, and improvements on the Property, without permission of the Grantee. (b) Agricultural Structures and Improvements – There are currently no structures on the Property. Minor agricultural structures, such as workshops, storage sheds, pump houses, and other structures used for the direct growing or support of growing agricultural crops on the Property, are allowed to be constructed or placed on the Property with permission of the Grantee pursuant to Section 4. Prior to any new construction, Grantor shall give at least sixty (60) days’ advance notice to Grantee in writing in accordance with the provisions of Sections 4 and 24. The written notice must provide Grantee with adequate information, documents and plans to enable Grantee to confirm compliance with this Easement and enable Grantee to keep its records current. (c) Utilities and Septic Systems – Wires, lines, pipes, cables or other facilities providing 548
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electrical, gas, water, sewer, communications, energy generation, or other utility services solely to serve the improvements permitted herein or to transmit power generated on the Property may be installed, maintained, repaired, removed, relocated and replaced.
(d) Groundwater Extraction and Conveyance Facilities – Groundwater wells and associated pumps, pipes for water conveyance, and associated equipment and facilities used for irrigation consistent with the terms of this Easement may be installed without permission of the Grantee. For clarity, the ability to drill and develop groundwater wells on the Property is not a “development right” granted to Grantee.

(e) Power generation and transmission facilities primarily for agricultural and other permitted uses on the Property may be constructed only with permission of the Grantee pursuant to Paragraph 4, and must be located in an area not to exceed 5 acres. Power generated in excess of requirements on the Property may be sold to appropriate public utilities. Notwithstanding the foregoing, commercial power generation, collection or transmission facilities, including wind or solar farms and the conveyance of any rightsof-way over, under or on the Property for any such purpose, are prohibited.

6. No Subdivision.

The division, subdivision, defacto subdivision, or partition of the Property, including transfer of development rights, whether by physical, legal, or any other process, is prohibited.

The Landowner and Grantee acknowledge and understand that the Property consists of the legal parcel(s) or portions thereof, and that no additional, separate legal parcels currently exist within the Property that may be recognized by a certificate of compliance or conditional certificate of compliance pursuant to California Government Code section 66499.35 based on previous patent or deed conveyances, subdivisions, or surveys. The Landowner will not apply for or otherwise seek recognition of additional legal parcels within the Property based on certificates of compliance or any other authority.

Lot line adjustment may be permitted only with the written approval of the Grantee pursuant to Section 4, in conjunction with the approval of the local jurisdiction, and for purposes of maintaining, enhancing or expanding agricultural practices or productivity on the Property, provided that the boundaries of this Easement may not be altered by such Lot Line Adjustment.

7. Extinguishment of Development Rights.

The Landowner hereby grants to the Grantee all development rights except as specifically reserved in this Easement, that were previously, are now or hereafter allocated to, implied, reserved, appurtenant to, or inherent in the Property, and the parties agree that such rights are released, terminated, and extinguished, and may not be used on or transferred by either party to any portion of the Property as it now or later may be bounded or described, or to 549
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any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. This Easement shall not create any development rights.

8. General Prohibition on Surface Mining.

Except as specifically authorized herein, the mining, removal or extraction on or from the area subject to this Easement of soil, sand, gravel, aggregate, rock, oil, natural gas, fuel, or any other mineral substance, through a surface mining, removal or extraction method or from above a depth of 150 feet below the surface of the Property is prohibited. This prohibition includes the installation of roads or pipelines for transportation of the previously stated resources.

If a third party owns or leases the oil, natural gas, or any other mineral rights associated with the Property at the time this Easement is executed, and their interests have not been subordinated to this Easement, the Landowner must require, to the greatest extent possible, that any oil, natural gas, and mineral exploration and extraction conducted by such third party is conducted in accordance with this Paragraph 8. Any mineral leases or other conveyances of minerals entered into or renewed after the date of this Easement are subordinate to the terms of this Easement and must incorporate by reference the term of this Easement.

This section is not intended to interfere with Landowners’ right to remove cobble and hardpan from farm areas in order to prepare the land for agricultural purposes.

9. Paving and Road Construction.

Other than existing roads as identified in the Baseline Report, no portion of the Property presently unpaved shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material, unless such measures are required by air quality laws or regulations applicable to the Property. Except as otherwise permitted herein, no road for access or other purposes shall be constructed without the permission of the Grantee pursuant to Section 4. Notwithstanding the foregoing, construction of unpaved farm roads, as necessary or desirable by agricultural operations, is permitted without permission from the Grantee. The Landowner shall notify the Grantee of any significant relocation or net addition of unpaved farm roads.

10. Trash and Storage.

The dumping or accumulation on the Property of any kind of trash, refuse, vehicle bodies or parts, or “Hazardous Materials,” as defined in Section 25 is prohibited. Farm-related trash and refuse produced on the Property may be temporarily stored on the Property subject to all applicable laws. The storage of agricultural products and byproducts produced on the Property and materials reasonably required for agricultural production on the Property, including Hazardous Materials, is permitted as long as it is done in accordance with all applicable government laws and regulations. 550
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11. Commercial Signs.

Commercial signs (including billboards) unrelated to permitted activities conducted on the Property are prohibited.

12. Recreational Uses; Motorized Vehicle Use Off Roadways Resort structures, athletic fields, golf courses, non-residential swimming pools, public or commercial airstrips, commercial equestrian facilities, public or commercial helicopter pads, and any other non-agricultural recreational structures or facilities are prohibited on the Property. The use of motorized vehicles off roadways is prohibited except where used for agricultural production, property maintenance and security, or for the purpose of monitoring this Easement.

13. Water Rights.

The Landowner shall retain and reserve all ground water, and all appropriative, prescriptive, contractual or other water rights appurtenant to the Property at the time this Easement becomes effective and thereafter. The Landowner shall not permanently transfer, encumber, lease, sell, or otherwise separate such quantity of water or water rights from title to the Property itself. Permanent separation of water or water rights is prohibited.

All water shall be retained in Tulare County for agricultural production and used in conjunction with the improvements permitted by Section 5 of this Easement only.

Water may be temporarily distributed to a contiguous property or other property on an annual basis for agricultural production only. Any temporary distribution of water shall not impair the long-term agricultural productive capacity or open space character of the Property.

14. Rights Retained by the Landowner.

Subject to Section 7 and to interpretation under Section 23, as owner of the Property, the Landowner reserves all interests in the Property not transferred, conveyed, restricted, prohibited or extinguished by this Easement. These ownership rights include, but are not limited to, the right to sell, lease, or otherwise transfer the Property to anyone the Landowner chooses, as well as the right to privacy, the right to exclude any member of the public from trespassing on the Property, and any other rights consistent with the Purpose of this Easement. Nothing contained herein shall be construed as a grant to the general public of any right to enter upon any part of the Property.

Nothing in this Easement relieves the Landowner of any obligation or restriction on the use of the Property imposed by law.
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15. Responsibilities of the Landowner and the Grantee Not Affected.

Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing obligation of the Landowner as owner of the Property. Among other things, this shall apply to:
(a) Taxes – The Landowner shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantee ever pays any taxes or assessments on the Property, or if the Grantee pays levies on the Landowner’s interest in order to protect Grantee’s interests in the Property, the Landowner will reimburse the Grantee for the same. It is intended that this Easement constitute an enforceable restriction within the meaning of Article XIII, Section 8 of the California Constitution and that this Easement qualify as an enforceable restriction under the provisions of California Revenue and Taxation Code Sections 402.1(a)(8) and 423. (b) Upkeep and Maintenance – The Landowner shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Grantee shall have no obligation for the upkeep or maintenance of the Property. If the Grantee acts to maintain the Property in order to protect the Grantee’s interest in the Property, the Landowner will reimburse the Grantee for any such costs. (c) Liability and Indemnification – In view of the Grantee’s and the City negative rights, limited access to the land, and lack of active involvement in the day-to-day management activities on the Property, the Landowner shall indemnify, protect, defend and holds harmless the Grantee and the City, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with or relating to the Property or the Easement. As between City, Grantee and Landowner, Landowner shall be solely liable for injury or the death of any person, or physical damage to any property, or any other costs or liabilities resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the negligence or willful misconduct of the Grantee, the City, and/or their respective Agents and Assigns. The Grantee shall be named as an additional insured on Landowner’s general liability insurance policy.

Neither the Grantee, the City, nor their Agents and Assigns shall have responsibility for the operation of the Property, monitoring of hazardous conditions on it, or the protection of the Landowner, the public or any third parties from risks relating to conditions on the Property. Without limiting the foregoing, neither the Grantee, nor the City, nor their respective Agents and Assigns shall be liable to the Landowner or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property occurring pursuant to this Easement, or on account of any claim, liability, damage or expense suffered or incurred by or threatened against the Landowner or any other person or entity, except as the claim, liability, damage, or 552
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expense is the result of the gross negligence or intentional misconduct of the Grantee, or the City, or their respective Agents and Assigns.

The Landowner’s indemnification of the City shall extend to ensure that the City shall not incur any liability for the actions or inactions addressed herein.

Grantee shall indemnify, protect, defend and holds harmless the Landowner, their respective officers, directors, members, employees, contractors, legal representatives, agents, successors and assigns (collectively, “Agents and Assigns”) from and against all liabilities, costs, losses, orders, liens, penalties, claims, demands, damages, expenses, or causes of action or cases, including without limitation reasonable attorneys’ fees, arising out of Grantee’s breach of the terms of this Easement.

16. Monitoring.
(a) The Grantee shall manage its responsibilities as holder of this Easement in order to uphold the Purpose of this Easement. The Grantee’s responsibilities include, but are not limited to, annual monitoring, such additional monitoring as circumstances may require, record keeping, and enforcement of this Easement, for the purpose of preserving the Property’s agricultural productive capacity and open space character in perpetuity. The Grantee shall report to the City on or before February 1 of each year after the annual monitoring visit, describing method of monitoring, condition of the Property, stating whether any violations were found during the period, describing any corrective actions taken, the resolution of any violation, any requested or approved actions made in accordance with Section 4, and any transfer of interest in the Property.

Failure of the Grantee to carry out these responsibilities shall not impair the validity of this Easement or limit its enforceability in any way. With reasonable advance notice (except in the event of an emergency circumstance or prevention of a threatened breach), Grantee shall have the right to enter upon, inspect, observe, monitor and evaluate the Property to identify the current condition of, and uses and practices on the Property and to determine whether the condition, uses and practices are consistent with this Easement.
(b) Grantee shall indemnify, defend with counsel of Landowner’s choice, and hold Landowner harmless from, all expense, loss, liability, damages and claims, including Landowner’s attorneys’ fees, if necessary, arising out of Grantee’s entry on the Property, unless caused by a violation of this Easement by Landowner or by Landowner’s negligence or willful misconduct.

17. Enforcement.
(a) The Grantee may take all actions, including legal actions, that it deems necessary to ensure compliance with the terms, conditions, covenants, and purposes of this Easement. The Grantee shall have the right to prevent and correct violations of the terms, conditions, covenants, and purposes of this Easement. If the Grantee finds what it believes is a violation or potential violation, it may at its discretion take appropriate 553
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legal action to ensure compliance with the terms, conditions, covenants, and purposes of this Easement and shall have the right to correct violations and prevent the threat of violations. Except when an ongoing or imminent violation could irreversibly diminish or impair the agricultural productive capacity and open space character of the Property, the Grantee shall give the Landowner written notice of the violation or potential violation, and thirty (30) days to correct it, before filing any legal action. (b) If a court with jurisdiction determines that a violation may exist, has occurred, or is about to occur, the Grantee may obtain an injunction, specific performance, or any other appropriate equitable or legal remedy, including (i) money damages, including damages for the loss of the agricultural conservation values protected by this Easement, (ii) restoration of the Property to its condition existing prior to such violation, and (iii) an award for all of the Grantee’s expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorney’s fees. The failure of the Grantee to discover a violation or potential violation, or to take immediate legal action to prevent or correct a violation or potential violation known to the Grantee, shall not bar the Grantee from taking subsequent legal action. The Grantee’s remedies under this section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.
(c) Without limiting the Landowner’s liability, the Grantee shall apply damages recovered to the cost of undertaking any corrective action on the Property. Should the restoration of lost values be impossible or impractical for whatever reason, the Grantee shall apply any and all damages recovered to furthering the Purpose of this Easement. (d) In the event the Grantee fails to enforce any term, condition, covenant or purpose of this Easement, as determined by the City, then the City, or their successors and assigns, shall have the right to enforce the Easement after giving notice to the Grantee and the Landowner and providing a reasonable opportunity under the circumstances for the Grantee to enforce any term, condition, covenant, or purpose of the Easement. In the event that the City have reasonable cause to suspect that the Grantee has failed to enforce any of the terms, conditions, covenants, or purposes of the Easement, the City and their successors and assigns shall be entitled to exercise the same right to enter the Property granted to the Grantee, including right of immediate entry in the event of an emergency or suspected emergency where the City or their successor or assign has reasonable cause to determine that immediate entry is required to prevent, terminate or mitigate a violation of this Easement.
(e) Failure or refusal to exercise any rights under the terms of this Easement by the Grantee or the City in the event of a violation by the Landowner of any term herein shall not constitute a waiver or forfeiture of the Grantee’s or the City right to enforce any term, condition, covenant, or purpose of this Easement.

18. Transfer of Easement.
(a) This Easement may only be assigned or transferred to an entity authorized to hold such 554
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Easement as specified under Section 10211 of the Public Resources Code and has similar purposes to preserve, is capable of managing the Easement, and protecting the mitigation of the impacts to agricultural lands and open space. Such an assignment or transfer may proceed only if the organization or agency expressly agrees to assume the responsibility imposed on the Grantee by the terms of this Easement and is expressly willing and able to hold this Easement for the Purpose for which it was created. All assignment and assumption agreements transferring the Easement shall be recorded in Tulare County within thirty (30) days.
(b) If the Grantee should desire to assign or transfer this Easement, the Grantee must obtain written permission from the Landowner and the City, which permission shall not be unreasonably withheld.
(c) If the Grantee or its successors ever ceases to exist or no longer qualifies under Section 170(h) of the U.S. Internal Revenue Code, or applicable state law, the City, in consultation with the Landowner, shall identify and select an appropriate private or public entity to whom this Easement shall be transferred.

19. Perpetual Duration and No Merger of Title.
(a) Pursuant to California Civil Code at Part 2, Chapter 4, (commencing with section 815), which defines and authorizes perpetual conservation easements, and California Government Code Section 65966 (a) that requires conservation easements to be perpetual when created to satisfy a local or state mitigation requirement; this Easement shall run with the land in perpetuity. Every provision of this Easement that applies to the Landowner or the Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear.
(b) No merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to the Grantee, or its successors or assigns. It is the express intent of the parties that this Easement not be extinguished by, merged into, modified, or otherwise deemed affected by any other interest or estate in the Property now or hereafter held by the Grantee or its successors or assigns.

20. Transfer of Property Interest.
(a) Any time the Property itself, or any interest in it, is transferred by the Landowner to any third party, the Landowner shall notify the Grantee and the City in writing at least thirty (30) days prior to the transfer of the Property or interest, and the document of conveyance shall expressly incorporate by reference this Easement. Any document conveying a lease of the Property shall expressly incorporate by reference this Easement. Failure of the Landowner to do so shall not impair the validity of this Easement or limit its enforceability in any way.
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(b) Prior to any sale, lease, license or other transfer of any interest in the Property, the Landowner shall inform the prospective transferee of this Easement and its terms and provide them with a copy of this Easement. Any such subsequent owners, lessees, licensees, or transferees shall succeed to and be bound by the terms of the Easement.

21. Amendment of Easement.
(a) This Easement may be amended only with the written consent of the Landowner, the Grantee, and the City. Any such amendment shall be consistent with the Purpose of this Easement and with the Grantee’s easement amendment policies, and shall comply with all applicable laws, including Section 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, and with Section 815 et seq. of the California Civil Code, and the California Farmland Conservancy Program Act as codified in Section 10200 et seq. of the California Public Resources Code, and any regulations promulgated thereunder. No amendment shall diminish or affect the perpetual duration or the Purpose of this Easement, nor the status or rights of the Grantee under the terms of this Easement.
(b) This Easement and any amendment to it shall be recorded in Tulare County. A copy of the recorded amendment shall be provided to the City within thirty (30) days of recordation.

22. Termination of Easement and Eminent Domain.
(a) Termination.
(i) It is the intention of the parties that the Conservation Purpose of this Easement shall be carried out forever as provided in the Section 10211 of the California Public Resources Code, Section 815 et seq. of the California Civil Code and California Government Code Section 65966 (a). Pursuant to California Government Code Section 65966 (a), this Easement is established to satisfy a local or state mitigation requirement, and cannot be terminated pursuant to the administrative termination provision defined in Public Resources Code sections 10270 et seq.

Accordingly, Landowner expressly waives on behalf of Landowner and Landowner’s successors and assigns all rights to terminate or extinguish this Easement, or request that this Easement be terminated or extinguished pursuant to the administrative termination provisions set forth in sections 10270 et. seq. of the Public Resources Code.
(ii) If circumstances arise in the future that render all of the Purposes of this Easement impossible to accomplish, this Easement may be terminated or extinguished, whether in whole or in part, on the initiative of the Grantee or the Landowner, but only by judicial proceedings in a court of competent jurisdiction. The Grantee shall give notice to the City of any prospective termination or extinguishment of this Easement not less than 60 business days before initiating such proceedings. The City may intervene in any such judicial proceedings to protect or retain this 556
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Easement.
(iii)No inaction or silence by the Grantee shall be construed as abandonment of the Easement. The fact that the Property is not in agricultural use, or that agricultural use is no longer possible, is not reason for termination or extinguishment of this Easement so long as any of the Purposes of this Easement remains possible to accomplish. Other than pursuant to eminent domain or an involuntary acquisition for a necessary public use by public agency, corporation, or other entity or individual with the power of eminent domain (Acquiring Entity), no other voluntary or involuntary sale, exchange, conversion, transfer, assignment, lease, mortgage or other encumbrance, alienation or conveyance of any kind of all or part of the Property, or of any interest in it, shall limit or terminate or extinguish the provisions of this Easement.
(iv)Should all or part of the Property or any interest in it be proposed for acquisition for a necessary public use by an Acquiring Entity, the Landowner and the Grantee shall join in appropriate actions to recover the full value of the proposed acquisition and all incidental or direct damages resulting from the proposed acquisition as well as all other payments to which they may be entitled by law (Compensation). The Acquiring Entity shall pay Compensation directly to the Landowner and the Grantee. The Compensation of such proceeding of the Landowner and the Grantee shall be divided in accordance with the proportionate values of the Landowner's and the Grantee's interests as specified in this Section 22(b), unless otherwise provided by applicable law.
(v) If the Landowner receives notice, formal or informal, that any Acquiring Entity intends to exercise its power of eminent domain as to the Property or any portion thereof or any interest therein, Landowner shall promptly, and in any event in not less than fifteen (15) business days after receipt of such notice, give written notice to the Grantee and the City of such receipt together with a copy of any and all communications related to such prospective eminent domain proceedings. The Landowner shall thereafter promptly provide to the Grantee and the City copies of all further communications related to such proceedings and cooperate with the Grantee and the City in responding to such proceedings. (vi)Acquisition of the Easement through the power of eminent domain is subject to the requirements of Section 10261 of the California Public Resources Code, the eminent domain laws of the State of California, including Section 1240.510 or Section 1240.610 of the Code of Civil Procedure, federal law, and this Easement.

The Property may not be taken by eminent domain or in lieu of eminent domain if the planned use is more than seven (7) years in the future (California Code of Civil Procedure section 1240.220). Purchase in lieu of condemnation, or settlement of an eminent domain proceeding, shall occur pursuant to applicable laws and procedures, including but not limited to California Government Code sections 7267.1 and 7267.2, and shall require approval of the Grantee, the City. The Grantee and the City shall have an opportunity to accompany the appraiser for the Acquiring 557
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Entity when the appraiser goes on the Property with Landowner. (vii) Should this Easement be condemned or otherwise terminated on any portion of the Property, the balance of the Property shall remain subject to this Easement and reimbursement shall be pro-rated. In this event, all relevant related documents shall be updated and re-recorded by the Grantee to reflect the modified easement area.

Encumbrances junior to this Easement shall remain subordinate to the Easement as amended.
(b) Compensation.
(i) The grant of this Easement gives rise to a property right immediately vested in Grantee.
(ii) Compensation of the Grantee shall proceed as follows: The value of the Easement terminated or extinguished shall be determined in accordance with this Section 22(b), and the Grantee shall receive from the Landowner the entire value of the Easement to the extent terminated or extinguished. Until such compensation is paid to the Grantee in full, the amount of that compensation shall be a first priority lien on the Property with the same seniority as this Easement. This Easement shall not be deemed terminated or extinguished until such payment is received by the Grantee.
(iii) The parties stipulate and agree that except as otherwise required by state law, the fair market value of the Easement (the “Easement Value”) shall be equal to: (1) the fair market value of the Property, unencumbered by the Easement (the “Property Value”), less (2) the fair market value of the Property as encumbered by the Easement each as determined on or about the date of the termination. (iv) The Grantee is entitled to its full share of proceeds as calculated herein regardless of any amount owing to a lienholder, lender or other creditor of Landowner. (v) The fair market valuation shall be determined by an appraisal performed by a qualified appraiser jointly selected by the Landowner, the Grantee and the City.

Appraisals shall conform to the Uniform Standards of Professional Appraisal Practices.
(vi) If the Landowner has initiated termination of the Easement through a judicial proceeding, the Landowner shall pay the cost of the appraisal, and the appraisal is subject to approval by the City. Nothing herein shall prevent the Landowner, the Grantee, or the City from having an appraisal prepared at its own expense. (vii) If the Grantee obtains payment on a claim under a title insurance policy insuring this Easement, payment shall be distributed as set forth this Section 22(b).

23. Interpretation.
(a) This Easement shall be interpreted under the laws of the State of California, resolving any ambiguities and questions of the validity of specific provisions so as to give 558
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maximum effect to its conservation purposes.
(b) References to specific authorities in this Easement shall be to the statute, rule, regulation, ordinance, or other legal provision that is in effect at the time this Easement becomes effective.
(c) No provision of this Easement shall constitute governmental approval of any improvements, construction or other activities that may be permitted under this Easement.

24. Notices.

Any notices to the Landowner and the Grantee required by this Easementshall be in writing and shall be personally delivered or sent by First-Class Mail to the following addresses, unless a party has been notified by the other of a change of address:

To the Landowner:

SE Land, LLC
P.O. Box 964
Visalia, CA 93279
To the Grantee:

Great Valley Land Trust
525 W. Main St. Ste 8
Visalia, CA 93291
Any notices required by this Easement to be sent to the City shall be in writing and shall be personally delivered or sent by First-Class Mail, at the following address, unless a party has been notified by the City, or either one of them, of a change of address:

To the City :

City of Visalia
707 W. Acequia Ave.

Visalia, CA 93291

25. The Landowner’s Environmental Warranty.
(a) Nothing in this Easement shall be construed as giving rise to any right or ability in the Grantee or the City to exercise physical or management control over the day-to-day operations of the Property, or any of the Landowner's activities on the Property, or otherwise to become an "owner" or "operator" with respect to the Property as those words are defined and used in environmental laws, including the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended or any corresponding state and local statute or ordinance. 559
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(b) The Landowner warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property other than the use of Hazardous Materials in Landowner’s farming operations in compliance with Environmental Laws. Moreover the Landowner hereby promises to defend and indemnify the Grantee and the City against all litigation, claims, demands, penalties and damages, including reasonable attorneys’ fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws.

The Landowner’s indemnification obligation shall not be affected by any authorizations provided by the Grantee to the Landowner with respect to the Property or any restoration activities carried out by the Grantee at the Property; provided, however, that the Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by the Grantee.
(c) “Hazardous Materials” means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment or any other material defined and regulated by Environmental Laws.
(d) The Landowner warrants that it shall remain in compliance with, all applicable Environmental Laws. The Landowner warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property.
(e) “Environmental Law” or “Environmental Laws” means any and all federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, Hazardous Materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. (f) If at any time after the effective date of this Easement there occurs a release, discharge or other incident in, on, or about the Property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, the Landowner agrees to take any steps that are required of the Landowner with respect thereto under federal, state, or local law necessary to ensure its containment and remediation, including any cleanup.
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26. Title Warranty; No Prior Conservation Easements.

SE Land LLC represents and warrants that at the time of conveyance of this Easement: (1) it owns the entire fee simple interest in the Property, including the entire mineral estate except as otherwise expressly identified in this Easement, and hereby promises to defend this Easement against all claims to the contrary; (2) Any and all financial liens or financial encumbrances with priority over this Easement existing as of the date of the recording of this Easement have been subordinated; and (3) the Property is not subject to any other conservation easement whatsoever.

27. Granting Subsequent Easements, Interests in Land, or Use Restrictions. (a) With permission of the Grantee pursuant to Section 4, the Landowner may grant subsequent easements, including conservation easements, interests in land, or use restrictions on the Property. Under no circumstances shall the Grantee approve the granting of subsequent easements, interests in land, or use restrictions that might diminish or impair the agricultural productive capacity or open space character of the Property.
(b) The Grantee’s written approval shall be obtained at least thirty (30) days in advance of the Landowner’s execution of any proposed subsequent easement, interests in land, or use restriction on the Property, and such subsequent easements, interests in land, and use restrictions shall make reference to and be subordinate to this Easement. (c) The Grantee shall notify the City immediately upon receipt of request by the Landowner to grant a subsequent easement, interest in land, or use restriction on the Property, and provide copies of documents associated with such a request to the City. (d) The Grantee shall notify the City in the event that it approves the grant of any subsequent easement, interest in land, or use restriction on the Property.

28. Administrative Costs.

The administration of this Easement by Grantee requires considerable time and expense.

Grantee shall bear all routine administrative expenses related to the Easement including, but not limited to the following activities: routine easement monitoring and reporting, and notices of permitted activities, and routine staff work. Landowner agrees to pay the reasonable expenses of Grantee for non-routine administration of the Easement including, but not limited to actions requiring Grantee's prior approval, enforcement of Easement violations and any requests of Landowner that entail or require an amendment to this Easement.

29. Severability.

If any term, provision, covenant, condition, or restriction of this Easement is held by a court of competent jurisdiction to be unlawful, invalid, void, unenforceable, or not effective the remainder of this Easement shall remain in full force and effect and shall in no way be 561
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affected, impaired, or invalidated.

30. Entire Agreement.

This Easement, including the attached exhibits and the Baseline Report, is the final and complete expression of the agreement between the parties with respect to the subject matter contained herein. Any and all prior or contemporaneous agreements with respect to this subject matter, written or oral, are merged into and superseded by this written instrument.

The exhibits attached to and included in this Easement are:

Exhibit A - Legal Descriptions
Exhibit B - Maps

31. Acceptance.

As attested by the signature of its Executive Director affixed hereto, as authorized by Grantee’s Board of Directors/Trustees, in exchange for consideration, the Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed of Agricultural Conservation Easement.

To Have and To Hold, this Deed of Agricultural Conservation Easement unto the Grantee, its successors and assigns, forever.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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In Witness Whereof, the Landowner and the Grantee, intending to legally bind themselves, have set their hands on the date first written above.

LANDOWNER
SE Land, LLC, a California limited liability company
By: ________________________________
Name: Steve Etchegaray
Title: Authorized Representative

GRANTEE
Great Valley Land Trust,
a California nonprofit public benefit corporation
By: ________________________________
Name: Barry Lindner
Title: Board President
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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On ________________ before me,_____________________________, a Notary Public, personally appeared ____________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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ACKNOWLEDGEMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________ ) ss.

On _________________ before me,____________________________, a Notary Public, personally appeared ______________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________________________
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Exhibit A
100-ACRE AGRICULTURE PRESERVATION EASEMENT LEGAL DESCRIPTION BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 31 AND A PORTION OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 24 SOUTH, RANGE 28 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN AN UNINCORPORATED AREA OF THE COUNTY OF TULARE, STATE OF CALIFORNIA.

COMMENCING AT THE SOUTHWEST CORNER OF PARCEL 13 AS DESCRIBED IN GRANT DEED DOCUMENT NUMBER 2007-011373 OF OFFICIAL RECORDS, COUNTY OF TULARE; POINT BEING ON THE QUARTER SECTION LINE NORTH 89° 55’ 16 EAST A DISTANCE OF 658.54 FROM THE CENTER QUARTER CORNER AS SHOWN IN BOOK 10 OF LICENSED SURVEYS AT PAGE 53, TULARE COUNTY RECORDS; THENCE NORTH 89° 55' 16" EAST A DISTANCE OF 658.54 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 13, ALSO BEING THE SOUTHWEST CORNER OF PARCEL 8 IN SAID DOCUMENT; THENCE CONTINUING EASTERLY ALONG THE SOUTH LINE OF SAID PARCEL 8 NORTH 89° 55' 16" EAST A DISTANCE OF 26.78 FEET TO THE POINT OF BEGINNING OF HEREIN DESCRIBED AGRICULTURAL PRESERVATION EASEMENT; THENCE LEAVING THE SOUTH LINE OF SAID PARCEL NORTHERLY AND PARALLEL TO THE WEST LINE OF SAID PARCEL 8 NORTH 00° 21’ 41” WEST A DISTANCE OF 2,549.82 FEET TO THE CALIFORNIA DEPARTMENT OF CONSERVATION’S LINE DESIGNATED “FARMLAND OF STATEWIDE IMPORTANCE” AS SHOWN ON THE MOST RECENT FARMLAND MAPPING AND MONITORING PROGRAM; THENCE CONTINUING ALONG SAID LINE, IN A GENERAL EASTERLY DIRECTION, THE FOLLOWING 11 COURSES:

1. SOUTH 89° 08' 55" EAST A DISTANCE OF 27.02 FEET

2. SOUTH 73° 56' 40" EAST A DISTANCE OF 118.09 FEET

3. SOUTH 61° 58' 35" EAST A DISTANCE OF 206.75 FEET

4. SOUTH 66° 59' 16" EAST A DISTANCE OF 128.06 FEET

5. SOUTH 70° 04' 43" EAST A DISTANCE OF 78.74 FEET

6. SOUTH 86° 21' 28" EAST A DISTANCE OF 59.12 FEET

7. NORTH 87° 01' 12" EAST A DISTANCE OF 57.69 FEET

8. SOUTH 00° 23' 59" EAST A DISTANCE OF 99.47 FEET

9. NORTH 88° 43' 25" EAST A DISTANCE OF 656.15 FEET

10. SOUTH 00° 26' 29" EAST A DISTANCE OF 224.45 FEET

11. NORTH 89° 19' 46" EAST A DISTANCE OF 661.12 FEET
TO A POINT ON THE EAST LINE OF PARCEL 16 OF HEREIN ABOVE REFERENCED GRANT DEED 2007-011373; THENCE SOUTHERLY ALONG SAID EAST LINE SOUTH 00° 26' 21" EAST A DISTANCE OF 2,035.38 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 16, ALSO BEING A POINT ON THE CENTER QUARTER SECTION LINE FOR HEREIN ABOVE SAID SECTION 32; THENCE WESTERLY ALONG SAID LINE SOUTH 89° 42' 58" WEST A DISTANCE OF 660.23 FEET TO THE EAST QUARTER CORNER OF HEREIN ABOVE SAID SECTION 31; THENCE CONTINUING WESTERLY ALONG SAID QUARTER SECTION LINE SOUTH 89° 55' 16" WEST A DISTANCE OF 1,290.29 FEET TO THE POINT OF BEGINNING.

CONTAINING 100.00 ACRES, MORE OR LESS.

SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF RECORD.

THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
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Exhibit B
Map 100 Acres
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-00002

568
Reservoir
Well
569
570
571
572
573
574
575
576
577
578
579
580
581
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0474 Agenda Date: 11/18/2024 Agenda #: 9.

Agenda Item Wording:

Award Construction and Construction Management Contract- Authorize the City Manager to award the construction contract for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane to Avison Construction, Inc. in the amount of $14,741,768 and execute an agreement with Vanir Construction Management, Inc. to provide the construction management services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane in the amount of $480,090.

Deadline for Action: 11/18/2024
Submitting Department: Community Development
Contact Name and Phone Number:

Eric Bons, Senior Civil Engineer, [email protected], (559) 713-4350 Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:

Staff recommends City Council:

1. Authorize the City Manager to award the construction contract for RFB 24-25-16, Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane to Avison Construction, Inc. in the amount of $14,741,768.00, and

2. Authorize the City Manager to execute an agreement with Vanir Construction Management, Inc. to provide the construction management services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane in the amount of $480,090.00.

Background Discussion:

This is a roadway widening project for Caldwell Avenue from Santa Fe Street to Lovers Lane (Rd. 140) which will widen Caldwell Avenue from 2-lanes to 4-lanes with a raised center median, median landscaping, curb, gutter, storm drain system, sanitary sewer main extension, sidewalk, and a joint use pathway. The County of Tulare also has a project for Caldwell Avenue (Ave. 280) from Lovers Lane to S. Virginia Avenue widening from 2-lanes to 4-lanes. The widening of Caldwell Avenue (Ave. 280) within the City of Visalia and the County of Tulare is part of a regional corridor enhancement project from Highway 99 to the City of Exeter to ease congestion along this corridor.

Award of Construction Contract:

RFB 24-25-16 was advertised beginning October 2, 2024. Bids were opened on October 31, 2024, with the submitted bid amounts listed from lowest to highest.

Contractor Location Bid Amount

1. Avison Construction, Inc. Madera, CA $14,741,768.00

2. Yarbs Grading & Paving, Inc. Fowler, CA $15,125,638.73 3Archer civil Construction LLC TulareCA $1669777615
Visalia City Council Page 1 of 5 Printed on 11/13/2024
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File #: 24-0474 Agenda Date: 11/18/2024 Agenda #: 9.

Contractor Location Bid Amount

1. Avison Construction, Inc. Madera, CA $14,741,768.00

2. Yarbs Grading & Paving, Inc. Fowler, CA $15,125,638.73

3. Archer civil Construction LLC Tulare, CA $16,697,776.15

4. Teichert Construction Fresno, CA $17,964,822.00

5. Granite Construction Company Fresno, CA $19,468,538.76 Avison Construction, Inc. submitted the apparent low bid of $14,741,768.00. City staff has reviewed the bid documents and found them to be complete and acceptable. As part of the review process, the references provided by Avison Construction, Inc. have been verified. The responses from each reference were favorable and demonstrated that Avison Construction, Inc. can perform the work for this project.

Construction Management (CM) Services.

In order to obtain construction support services to continue to successfully and timely deliver the construction of various Capital Improvement Project (CIPs), the Purchasing Division issued a request for Proposals (RFP 20-21-18) to retain up to three (3) qualified consulting firms to provide Construction Management (CM)/Resident Engineering (RE) services on an on-call basis. The City reviewed seven (7) proposals in response to the solicitation. A selection committee reviewed and ranked each proposal to develop a short-list of 3 firms. Those three (3) firms then presented to an interview panel early in December 2020. The interview panel ranked each team and selected NV5, Inc., 4Creeks, Inc., and Vanir Construction Management, Inc., as the highest ranked consultants.

This on-call list is valid for five (5) years and is renewed annually. This list will need to be reestablished by the end of 2025.

Vanir Construction Management, Inc. was selected for the construction management services because the other two construction management firms were recently awarded the construction management services for other City of Visalia projects or the construction management firm was also the design engineering firm for this particular project.

The construction management services include an overall constructability review, public outreach, general construction management and coordination services, and project closeout services. The duration for the construction services is estimated to be 14 months.

The project construction documents require the contractor to maintain a single lane of travel in both the eastbound and westbound directions along Caldwell Avenue throughout construction. Vanir Construction Management Inc. will be managing public outreach and working with the contractor to minimize traffic impacts during construction to ensure the safety of the motoring public.

Although not anticipated, if during construction it is determined that a closure is necessary, appropriate public notification will be coordinated with the contractor and the construction management firm to efficiently notify the public and establish traffic detours accordingly.

Fiscal Impact:

The funding for this construction contract and the construction management services are accounted for within the overall project budget. The details of the project budget and the estimated project expenses are shown in the table below. The estimated project expenses take into account the Visalia City Council Page 2 of 5 Printed on 11/13/2024
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File #: 24-0474 Agenda Date: 11/18/2024 Agenda #: 9.
expenses are shown in the table below. The estimated project expenses take into account the environmental processes, various permitting fees, design costs, right of way, construction management, construction testing and inspection, construction surveying and staff time.

This project is funded by multiple accounts.

Project Budget:

Measure R Regional (Fund 133) $19,431,780
Measure R Local (Fund 131) $783,300
Senate Bill1 - Local Partnership Program (Fund
281) - ROW phase
$400,000
Senate Bill1 - Local Partnership Program
(Construction Phase)
$3,844,000
Total Project Budget Estimate $24,459,080
Estimated Project Expenditures:

Environmental Process $50,000
Design and Right-of-Way $3,979,231
4 Creeks Contract (Design, RW, & Const. Eng.) $1,539,231 Estimate City Design & RW Support $325,000
RW Estimate $1,600,000
Estimate Pole Relocation at Burke Street $140,000
Estimate Culvert Permits $325,000
Estimate Electrical Service $50,000
Construction Cost Estimates $18,846,858
Construction Bid (Avison Construction) $14,741,768
Construction Management (Vanir) $480,090
Est. Construction Testing $250,000
Estimate City Construction Staff & Misc. Const. $250,000 Estimate Construction Surveying/Staking $125,000
Construction Contingency (20%) $3,000,000
Total Project Estimate $22,876,089
Estimated Budget Surplus/(Deficit) $1,528,991
There are sufficient project funds available, therefore no appropriation of funds is required at this stage of the project. The surplus of funding is due to the actual construction bid being lower than the engineer’s construction estimate by approximately $1,300,000 and anticipated savings in other related construction costs. This money will remain with the project due to the size and complexity of the project.

Visalia City Council Page 3 of 5 Printed on 11/13/2024
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File #: 24-0474 Agenda Date: 11/18/2024 Agenda #: 9.

Prior Council Action:

October 7, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

June 3, 2024: City Council authorized the City Manager to execute a cooperative agreement for reimbursement with the County of Tulare for the installation of a sewer main in Avenue 280 (Caldwell Avenue) from Lovers Lane (Rd. 140) to Rd. 144 and the appropriation of $535,000 from the Wastewater Trunkline Fund (231).

April 1, 2024: City Council accepted an update on the real property negotiations for the properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

December 18, 2023: City Council accepted an update on the real property negotiations for the properties need for the Caldwell Avenue Widening form Santa Fe Street to Lovers Lane Project (CP8268).

September 18, 2023: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lover Lane Project (CP8268)
August 7, 2023: City Council adopted a Resolution of Necessity to acquire property and temporary construction easements for portions of eight separate properties along Caldwell Avenue between Santa Fe Street and Lovers Lane for the purpose of widening Caldwell Avenue (CP8268).

June 5, 2023: City Council accepted a update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

November 21, 2022: City Council accepted an update on the real property negotiations for properties needed for the Caldwell Avenue Widening from Santa Fe Street to Lovers Lane Project (CP8268).

October 4, 2021: Council accepted and authorized an appropriation of $1,387,000 from the Senate Bill 1 - Local Partnership Program (SB1-LPP) for the Caldwell Avenue Widening from Santa Fe to Lovers Lane Project (CP8268)
September 21, 2020: Council authorized approval of Amendment Number 2 with 4 Creeks Inc. in the amount of $489,755.00 bringing the contract from $768,000.00 to $1,257,755.00 for additional services related to the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) April 20, 2020: Council authorized amending the Measure R Supplemental Agreement for the Caldwell Avenue Widening from Santa Fe to Lovers Lane (CP8268) due to increase in the scope of work.

May 2, 2016: Council authorized a contract with 4 Creeks Engineering Co. for RFP 15-16-49 to prepare Plans, Specifications, and Estimate for the Caldwell Avenue Widening from Santa Fe to Lovers Lane.

November 21, 2022: Council, in closed session, approved property appraisals and authorized City Visalia City Council Page 4 of 5 Printed on 11/13/2024
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File #: 24-0474 Agenda Date: 11/18/2024 Agenda #: 9.
staff and consultant to purchase properties with authority to pay up to twenty percent above appraised value.

Other: None.

Alternatives:

Reject all bids and potentially forfeit $3,844,000 of Senate Bill1 - Local Partnership Program funding for the construction of this project.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a contract with Avison Construction, Inc. for RFB 23-24-16 for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane in the amount of $14,741,768.00; and authorize the City Manager to execute an agreement with Vanir Construction Management, Inc. to provide the construction management services for the Caldwell Avenue Widening Project from Santa Fe Street to Lovers Lane in the amount of $480,090.00.

Environmental Assessment Status:

The environmental assessment has been completed.

CEQA Review:

Completed - Conducted by the County of Tulare for the Avenue 280 (Caldwell Avenue) Corridor Enhancement Project.

Attachments:

A. Map of Project Area
B. RFB 24-25-16 Bid Summary Tabulation
C. Avison Construction, Inc. Ownership Disclosure Form
D. Vanir Construction Management, Inc. Ownership Disclosure Form E. Vanir Construction Management On Call Contract
Visalia City Council Page 5 of 5 Printed on 11/13/2024
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W.Caldwell Ave.

Rd 140
S
Santa Fe St
S Pinkham
St
S Lovers Lane
E Monte Verde Ave
E La Vida Ave
E Victor Ave
S
Ben Maddox
Way
S
Villa St
S Bridge St
E Dorothea Ave
S
Cain St
S Burke St
S
Kennedy St
S
Thomas St
Private
E La Salle Ave
E Arlen Ave
E Copper Ave
S
Byrd St
S Bradley St
S
Stover St
S Ed si on St
S
T pi ot n St
E Russell Ave
S
Garden St
E Mesa Ct
S
Arkle St
S Brad el y Ct
E Sunnyside Ave
S
Sheridan
Ct
S
Tracy St
E Country Ave
SE Sunnyside Ct
E Chestnut Ct
S
Oakhurst Ct
E Monte Vista Ave
E South View Ave
E Chestnut Ave
E La Salle Ct
S
Terra
Linda
St
E Copper Ct
S
Bridge Ct
S
Spruce C
E Mon t
te Vista Ave
S
Garden St
E Victor Ave
S Br di ge St
E Arlen Ave
S Burke St
E Mesa Ct
E Chestnut Ct
E Dorothea Ave

CAMERON
TULARE IRRI. DIST.

PACKWOOD
TULARE IRRI. DIST.

T
TULARE IRRI. DIST. ULARE IRRI. DIST.
¨

CALDWELL AVENUE

FROM SANTA FE TO LOVERS LANE

PROJECT LIMITS
1 inch = 1,200 feet
587

CALDWELL AVENUE WIDENING FROM SANTA FE TO LOVERS LANE
RFB 24-25-16
Bid Result Summary
ITEM
No.

DESCRIPTION OF WORK QUANTITY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization & Demobilization 1 LS $450,000.00 $450,000.00 $645,000.00 $645,000.00 $756,281.93 $756,281.93 $651,840.00 $651,840.00 $850,000.00 $850,000.00 $900,000.00 $900,000.00 2 Clearing & Grubbing 1 LS $300,000.00 $300,000.00 $75,000.00 $75,000.00 $200,000.00 $200,000.00 $107,122.40 $107,122.40 $700,000.00 $700,000.00 $2,000,000.00 $2,000,000.00 3 Worker Protection 1 LS $20,000.00 $20,000.00 $10,000.25 $10,000.25 $20,000.00 $20,000.00 $100,000.00 $100,000.00 $200,000.00 $200,000.00 $350,000.00 $350,000.00 4 Water Pollution Prevention 1 LS $20,000.00 $20,000.00 $10,000.00 $10,000.00 $40,000.00 $40,000.00 $74,558.00 $74,558.00 $50,000.00 $50,000.00 $100,000.00 $100,000.00 5 Dust Control 1 LS $10,000.00 $10,000.00 $1,000.00 $1,000.00 $85,000.00 $85,000.00 $213,235.00 $213,235.00 $5,000.00 $5,000.00 $81,000.00 $81,000.00 6 Traffic Control 1 LS $200,000.00 $200,000.00 $160,000.00 $160,000.00 $435,000.00 $435,000.00 $154,000.00 $154,000.00 $900,000.00 $900,000.00 $546,000.00 $546,000.00 7 Portable Changeable Message Signs (PCMS) 1 LS $10,000.00 $10,000.00 $50,000.00 $50,000.00 $35,000.00 $35,000.00 $25,300.00 $25,300.00 $160,000.00 $160,000.00 $13,500.00 $13,500.00 8 Construction Notification Signs 2 EA $1,500.00 $3,000.00 $20,000.00 $40,000.00 $2,100.00 $4,200.00 $2,200.00 $4,400.00 $3,000.00 $6,000.00 $1,475.00 $2,950.00 9 Unknown Utility Conflict 1 LS $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 $100,000.00 10 Miscellaneous Facilities and Operations 1 LS $50,000.00 $50,000.00 $25,000.00 $25,000.00 $350,000.00 $350,000.00 $21,175.00 $21,175.00 $700,000.00 $700,000.00 $63,000.00 $63,000.00 11 Sawcut, Grind, and Remove Existing Asphalt Concrete (F) 61,623 SY $5.00 $308,115.00 $3.00 $184,869.00 $5.00 $308,115.00 $3.34 $205,820.82 $10.00 $616,230.00 $2.60 $160,219.80 12 Earthwork and Subgrade Preparation for Roadway and Concrete Flatwork (F) 1 LS $1,280,000.00 $1,280,000.00 $600,000.00 $600,000.00 $575,000.00 $575,000.00 $444,785.00 $444,785.00 $771,410.60 $771,410.60 $2,278,000.00 $2,278,000.00 13 Remove Existing Concrete (Sidewalks and Drive Approaches) 5,606 SF $ 10.00 $56,060.00 $6.00 $33,636.00 $11.00 $61,666.00 $1.45 $8,128.70 $10.00 $56,060.00 $6.00 $33,636.00 14 Remove Existing Asphalt Dike 477 LF $ 8.00 $3,816.00 $4.00 $1,908.00 $4.00 $1,908.00 $1.10 $524.70 $30.00 $14,310.00 $2.00 $954.00 15 Remove Existing Median Curb 1,107 LF $ 9.00 $9,963.00 $11.00 $12,177.00 $11.00 $12,177.00 $1.10 $1,217.70 $20.00 $22,140.00 $10.00 $11,070.00 16 Remove Existing Curb and Gutter 959 LF $ 9.00 $8,631.00 $6.00 $5,754.00 $5.00 $4,795.00 $1.65 $1,582.35 $10.00 $9,590.00 $5.00 $4,795.00 17 Relocate Existing Chain Link Fence 781 LF $ 20.00 $15,620.00 $135.00 $105,435.00 $50.00 $39,050.00 $22.00 $17,182.00 $140.00 $109,340.00 $45.00 $35,145.00 18 Remove Existing CMU Wall (1829 Avenue 280) 95 LF $ 50.00 $4,750.00 $35.00 $3,325.00 $33.00 $3,135.00 $11.00 $1,045.00 $35.00 $3,325.00 $32.00 $3,040.00 19 Remove Existing Timber Barricade (Ben Maddox Way) 2 EA $ 1,000.00 $2,000.00 $700.00 $1,400.00 $700.00 $1,400.00 $440.00 $880.00 $1,000.00 $2,000.00 $650.00 $1,300.00 20 Remove Existing 24-Inch Irrigation Pipe 10 LF $ 50.00 $500.00 $165.00 $1,650.00 $290.00 $2,900.00 $1.10 $11.00 $700.00 $7,000.00 $146.00 $1,460.00 21 Remove Existing Storm Drain Inlet 1 EA $ 1,250.00 $1,250.00 $1,500.00 $1,500.00 $2,800.00 $2,800.00 $1,100.00 $1,100.00 $4,000.00 $4,000.00 $1,459.00 $1,459.00 22 Remove Existing Irrigation Riser (Sta. 48+48) 1 EA $ 2,500.00 $2,500.00 $1,500.00 $1,500.00 $6,500.00 $6,500.00 $110.00 $110.00 $5,000.00 $5,000.00 $1,459.00 $1,459.00 23 Adjust Manhole to Finished Grade 18 EA $ 2,000.00 $36,000.00 $2,200.00 $39,600.00 $2,200.00 $39,600.00 $1,540.00 $27,720.00 $2,500.00 $45,000.00 $2,187.00 $39,366.00 24 Adjust Gate Valve and Covers to Grade 15 EA $ 1,000.00 $15,000.00 $1,600.00 $24,000.00 $1,200.00 $18,000.00 $1,210.00 $18,150.00 $1,800.00 $27,000.00 $1,420.00 $21,300.00 25 Reset Survey Monument to Finished Grade 10 EA $ 1,250.00 $12,500.00 $1,000.00 $10,000.00 $1,000.00 $10,000.00 $302.50 $3,025.00 $1,800.00 $18,000.00 $1,750.00 $17,500.00 26 Temporary Ponding Basin (Sta. 35+30) (F) 1,662 CY $ 10.00 $16,620.00 $19.00 $31,578.00 $25.00 $41,550.00 $18.07 $30,032.34 $15.00 $24,930.00 $35.00 $58,170.00 27 48-Inch Storm Drain Manhole 12 EA $ 7,000.00 $84,000.00 $13,000.00 $156,000.00 $9,300.00 $111,600.00 $12,100.00 $145,200.00 $7,500.00 $90,000.00 $11,917.00 $143,004.00 28 City Standard Drainage Inlet 11 EA $ 8,000.00 $88,000.00 $15,000.00 $165,000.00 $6,500.00 $71,500.00 $8,800.00 $96,800.00 $6,500.00 $71,500.00 $14,782.00 $162,602.00 29 18-Inch PVC Storm Drain Pipe 3,250 LF $ 150.00 $487,500.00 $185.00 $601,250.00 $190.00 $617,500.00 $187.00 $607,750.00 $150.00 $487,500.00 $177.00 $575,250.00 30 24-Inch RGRCP Storm Drain Pipe 330 LF $ 220.00 $72,600.00 $90.00 $29,700.00 $240.00 $79,200.00 $297.00 $98,010.00 $220.00 $72,600.00 $184.00 $60,720.00 31 Storm Drain Outfall 1 EA $7,500.00 $7,500.00 $2,600.00 $2,600.00 $7,800.00 $7,800.00 $4,400.00 $4,400.00 $15,000.00 $15,000.00 $2,454.00 $2,454.00 32 Tie into Existing SDMH 3 EA $1,500.00 $4,500.00 $1,600.00 $4,800.00 $6,000.00 $18,000.00 $3,740.00 $11,220.00 $10,000.00 $30,000.00 $1,463.00 $4,389.00 33 48-Inch Sanitary Sewer Manhole 3 EA $7,500.00 $22,500.00 $14,000.00 $42,000.00 $9,500.00 $28,500.00 $16,500.00 $49,500.00 $10,000.00 $30,000.00 $13,085.00 $39,255.00 34 10-Inch (SDR-26) PVC Sanitary Sewer Pipe 130 LF $100.00 $13,000.00 $150.00 $19,500.00 $230.00 $29,900.00 $135.30 $17,589.00 $370.00 $48,100.00 $140.00 $18,200.00 35 15-Inch (SDR-26) PVC Sanitary Sewer Pipe 990 LF $150.00 $148,500.00 $175.00 $173,250.00 $210.00 $207,900.00 $223.36 $221,126.40 $450.00 $445,500.00 $158.00 $156,420.00 36 4-Inch (SDR-26) PVC Sanitary Sewer Service 2 EA $3,000.00 $6,000.00 $13,000.00 $26,000.00 $6,300.00 $12,600.00 $11,550.00 $23,100.00 $20,000.00 $40,000.00 $12,102.00 $24,204.00 37 Hot Mix Asphalt Concrete (Type A, 3/4") 26,711 TN $120.00 $3,205,320.00 $115.00 $3,071,765.00 $100.00 $2,671,100.00 $114.72 $3,064,285.92 $103.25 $2,757,910.75 $100.00 $2,671,100.00 38 14.5" Full Depth Reclamation with Cement (FDR-C) (F) 61,623 SY $8.00 $492,984.00 $10.00 $616,230.00 $10.00 $616,230.00 $5.84 $359,878.32 $10.00 $616,230.00 $13.00 $801,099.00 39 Cement for FDR-C Method 1,676 TN $250.00 $419,000.00 $240.00 $402,240.00 $230.00 $385,480.00 $243.10 $407,435.60 $230.00 $385,480.00 $225.00 $377,100.00 40 Class II Aggregate Base 36 TN $65.00 $2,340.00 $190.00 $6,840.00 $250.00 $9,000.00 $330.00 $11,880.00 $300.00 $10,800.00 $300.00 $10,800.00 41 6" Decomposed Granite 6,373 SF $14.00 $89,222.00 $10.00 $63,730.00 $5.00 $31,865.00 $8.94 $56,974.62 $20.00 $127,460.00 $6.00 $38,238.00 42 6' Chain Link Fence and Gates 734 LF $50.00 $36,700.00 $6.00 $4,404.00 $58.00 $42,572.00 $38.50 $28,259.00 $60.00 $44,040.00 $55.00 $40,370.00 43 3-1/2" Concrete Sidewalk 91,583 SF $8.00 $732,664.00 $9.00 $824,247.00 $7.00 $641,081.00 $5.84 $534,844.72 $7.00 $641,081.00 $4.92 $450,588.36 44 6" Concrete Drive Approach 6,735 SF $12.00 $80,820.00 $12.00 $80,820.00 $13.00 $87,555.00 $3.93 $26,468.55 $12.00 $80,820.00 $7.95 $53,543.25 45 Stamped Concrete Median 13,069 SF $13.00 $169,897.00 $13.00 $169,897.00 $11.50 $150,293.50 $11.95 $156,174.55 $10.00 $130,690.00 $7.90 $103,245.10 46 Concrete Curb and Gutter 10,450 LF $35.00 $365,750.00 $34.00 $355,300.00 $39.00 $407,550.00 $98.35 $1,027,757.50 $30.00 $313,500.00 $20.50 $214,225.00 47 Concrete Median Curb 14,700 LF $30.00 $441,000.00 $25.00 $367,500.00 $25.00 $367,500.00 $55.26 $812,322.00 $25.00 $367,500.00 $18.00 $264,600.00 48 Concrete Curb Ramp 22 EA $6,000.00 $132,000.00 $10,000.00 $220,000.00 $11,000.00 $242,000.00 $16,401.66 $360,836.52 $7,000.00 $154,000.00 $6,350.00 $139,700.00 49 Pedestrian Barricade 6 EA $1,000.00 $6,000.00 $1,700.00 $10,200.00 $1,600.00 $9,600.00 $220.00 $1,320.00 $2,000.00 $12,000.00 $1,750.00 $10,500.00 50 Timber Barricade (Ben Maddox Way) 2 EA $1,500.00 $3,000.00 $5,500.00 $11,000.00 $4,800.00 $9,600.00 $1,320.00 $2,640.00 $5,800.00 $11,600.00 $5,300.00 $10,600.00 51 Street Light Single Mast Arm 11 EA $12,500.00 $137,500.00 $10,000.00 $110,000.00 $9,600.00 $105,600.00 $9,944.00 $109,384.00 $10,325.00 $113,575.00 $9,975.00 $109,725.00 52 Street Light Double Mast Arm 12 EA $17,000.00 $204,000.00 $12,500.00 $150,000.00 $12,000.00 $144,000.00 $12,260.60 $147,127.20 $12,940.00 $155,280.00 $12,500.00 $150,000.00 53 Street Light Pull Box 25 EA $1,700.00 $42,500.00 $1,200.00 $30,000.00 $2,100.00 $52,500.00 $1,183.60 $29,590.00 $2,000.00 $50,000.00 $1,075.00 $26,875.00 54 Street Light Conduit (F) 6,244 LF $55.00 $343,420.00 $50.00 $312,200.00 $42.00 $262,248.00 $53.90 $336,551.60 $46.00 $287,224.00 $44.50 $277,858.00 55 Signing, Striping, and Pavement Markings 1 LS $100,000.00 $100,000.00 $275,000.00 $275,000.00 $230,000.00 $230,000.00 $205,869.40 $205,869.40 $300,000.00 $300,000.00 $179,500.00 $179,500.00 56 Traffic Signal Modification at Caldwell Ave. and Santa Fe St. 1 EA $198,875.00 $198,875.00 $190,000.00 $190,000.00 $265,000.00 $265,000.00 $187,275.00 $187,275.00 $182,000.00 $182,000.00 $175,100.00 $175,100.00 57 Traffic Signal Modification at Caldwell Ave. and Ben Maddox Way 1 EA $582,365.00 $582,365.00 $600,000.00 $600,000.00 $645,000.00 $645,000.00 $584,925.00 $584,925.00 $555,000.00 $555,000.00 $535,600.00 $535,600.00 58 Traffic Signal Modifications at Caldwell Ave. and Lovers Lane 1 EA $832,708.00 $832,708.00 $735,000.00 $735,000.00 $685,000.00 $685,000.00 $714,560.00 $714,560.00 $690,000.00 $690,000.00 $665,700.00 $665,700.00 59 Traffic Signal Interconnect 1 LS $1,043,042.00 $1,043,042.00 $630,000.00 $630,000.00 $500,000.00 $500,000.00 $617,925.00 $617,925.00 $565,000.00 $565,000.00 $546,000.00 $546,000.00 60 Prepare Stream Diversion Plan 1 LS $10,000.00 $10,000.00 $30,000.00 $30,000.00 $5,000.00 $5,000.00 $2,200.00 $2,200.00 $10,000.00 $10,000.00 $5,000.00 $5,000.00 61 Implement Stream Diversion Plan (Tulare Irrigation Company Canal) 1 LS $30,000.00 $30,000.00 $75,000.00 $75,000.00 $140,000.00 $140,000.00 $148,889.40 $148,889.40 $120,000.00 $120,000.00 $1,000,000.00 $1,000,000.00 62 Implement Stream Diversion Plan (Cameron Creek) 1 LS $60,000.00 $60,000.00 $150,000.00 $150,000.00 $60,000.00 $60,000.00 $320,445.40 $320,445.40 $120,000.00 $120,000.00 $630,000.00 $630,000.00 63 Structure Excavation (Culvert) (F) 938 CY $180.00 $168,840.00 $110.00 $103,180.00 $100.00 $93,800.00 $279.91 $262,555.58 $105.00 $98,490.00 $160.00 $150,080.00 64 Structure Excavation (Rock Slope Protection) 459 CY $250.00 $114,750.00 $55.00 $25,245.00 $110.00 $50,490.00 $87.33 $40,084.47 $90.00 $41,310.00 $50.00 $22,950.00 65 Structure Backfill (Culvert) (F) 768 CY $280.00 $215,040.00 $56.00 $43,008.00 $120.00 $92,160.00 $265.17 $203,650.56 $190.00 $145,920.00 $400.00 $307,200.00 66 Structural Concrete, Box Culvert (F) 427 CY $2,200.00 $939,400.00 $1,800.00 $768,600.00 $1,500.00 $640,500.00 $2,626.63 $1,121,571.01 $1,550.00 $661,850.00 $1,400.00 $597,800.00 67 Drill and Bond Dowel (Chemical Adhesive) (F) 24 LF $150.00 $3,600.00 $180.00 $4,320.00 $220.00 $5,280.00 $154.68 $3,712.32 $225.00 $5,400.00 $200.00 $4,800.00 68 Bar Reinforcing Steel (Box Culvert) 113,327 LB $2.50 $283,317.50 $1.25 $141,658.75 $1.90 $215,321.30 $1.34 $151,858.18 $1.95 $220,987.65 $1.75 $198,322.25 69 Culvert Removal 1 LS $60,000.00 $60,000.00 $30,000.00 $30,000.00 $28,000.00 $28,000.00 $54,643.78 $54,643.78 $150,000.00 $150,000.00 $26,300.00 $26,300.00 70 Concrete (Channel Lining) 44 CY $1,600.00 $70,400.00 $1,100.00 $48,400.00 $1,800.00 $79,200.00 $1,060.00 $46,640.00 $1,660.00 $73,040.00 $1,500.00 $66,000.00 71 Rock Slope Protection (60 lb., Class II, Method B) (F) 459 CY $180.00 $82,620.00 $175.00 $80,325.00 $200.00 $91,800.00 $188.78 $86,650.02 $150.00 $68,850.00 $160.00 $73,440.00 72 Rock Slope Protection Fabric (Class 8) 778 SY $10.00 $7,780.00 $5.00 $3,890.00 $7.00 $5,446.00 $13.36 $10,394.08 $20.00 $15,560.00 $15.00 $11,670.00 73 Miscellaneous Metal (Bridge) 35 LB $115.00 $4,025.00 $25.00 $875.00 $110.00 $3,850.00 $119.82 $4,193.70 $115.00 $4,025.00 $100.00 $3,500.00 74 Steel Trash Racks (F) 1,209 LB $20.00 $24,180.00 $25.00 $30,225.00 $11.00 $13,299.00 $24.70 $29,862.30 $12.00 $14,508.00 $10.00 $12,090.00 75 Tubular Handrailing (F) 263 LF $120.00 $31,560.00 $130.00 $34,190.00 $160.00 $42,080.00 $132.00 $34,716.00 $170.00 $44,710.00 $150.00 $39,450.00 76 Concrete Barrier (Type 732SW Modified) (F) 55 LF $440.00 $24,200.00 $850.00 $46,750.00 $1,300.00 $71,500.00 $581.67 $31,991.85 $1,115.00 $61,325.00 $1,000.00 $55,000.00 77 Concrete Barrier (Type 836) (F) 208 LF $265.00 $55,120.00 $370.00 $76,960.00 $370.00 $76,960.00 $348.45 $72,477.60 $390.00 $81,120.00 $350.00 $72,800.00 78 Landscape and Irrigation 1 LS $320,000.00 $320,000.00 $375,000.00 $375,000.00 $475,000.00 $475,000.00 $757,385.20 $757,385.20 $650,000.00 $650,000.00 $284,048.00 $284,048.00 79 Demolition of Existing Residence 1 LS $40,000.00 $40,000.00 $25,000.00 $25,000.00 $23,000.00 $23,000.00 $23,857.90 $23,857.90 $25,000.00 $25,000.00 $21,700.00 $21,700.00 80 Removal of Existing Septic System 1 LS $20,000.00 $20,000.00 $2,700.00 $2,700.00 $2,600.00 $2,600.00 $6,631.90 $6,631.90 $5,000.00 $5,000.00 $2,500.00 $2,500.00 81 Abandonment of Existing Well 2 EA $3,000.00 $6,000.00 $6,000.00 $12,000.00 $5,500.00 $11,000.00 $5,720.00 $11,440.00 $30,000.00 $60,000.00 $10,000.00 $20,000.00 Total (calcuated) = $16,102,364.50 Total (calcuated) = $14,738,132.00 Total (calcuated) = $15,125,638.73 Total (calcuated) = $16,697,776.16 Total (calcuated) = $17,964,822.00 Total (calcuated) = $19,468,538.76 Granite Construction Company
Fresno, CA
Bid Order 1 2 3 4 5
Avison Construction, Inc.

Madera, CA
Yarbs Grading & Paving, Inc.

Fowler, CA
Archer Civil Construction LLC
Tulare, CA
Teichert Construction
Fresno, CA
Engineer's Estimate
588
589
590
591
592
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0475 Agenda Date: 11/18/2024 Agenda #: 10.

Agenda Item Wording:

Record Final Parcel Map - A request to record the final parcel map for Tentative Parcel Map No. 2024-02, subdividing a 3.869-acre parcel near the southeast corner of S Chinowth Street and W Caldwell Avenue into two parcels for commercial use.

Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number: Katlin Rowley, Engineering, [email protected], (559) 713-4474; Adrian Rubalcaba, Associate Engineer, [email protected], (559) 713-4507; Jason Huckleberry, Engineering and Building Director, [email protected], (559) 713- 4495
Department Recommendation:

Staff recommends that the City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2024-02, subdividing a 3.869 gross acre parcel, zoned Commercial Mixed-Use, into two parcels located near the southeast corner of S Chinowth Street and W Caldwell Avenue.

Background Discussion:

Tentative Parcel Map 2024-02 is being recorded to establish two separate parcels, one to contain an existing commercial building and the other a vacant lot / future building site. A sidewalk easement is being granted to the City of Visalia for installation and maintenance of said existing sidewalks within the easement area.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the Subdivision Ordinance and require that the City Engineer so indicate on the final map; however, staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:

Impact fees will be assessed at time of development of each commercial parcel.

Prior Council Action: N/A
Visalia City Council Page 1 of 2 Printed on 11/15/2024
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File #: 24-0475 Agenda Date: 11/18/2024 Agenda #: 10.

Other: Committee/Commission Review and Action - Tentative Parcel Map No. 2024-02 was approved by the Planning Commission on April 8th, 2024.

Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2024-02.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. Parcel Map 2. Aerial Map
Visalia City Council Page 2 of 2 Printed on 11/15/2024
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WEST CALDWELL AVENUE TPM 2024-02 WEST PACKWOOD AVENUE

CHINOWTH STREET

DEMAREE ROAD
COUNTY CENTER DRIVE VICINITY MAP PARCEL MAP NO. BEING A RE-SUBDIVISION OF PARCEL 6 PER PARCEL MAP NO. 4839 FILED IN BOOK 49 OF PARCEL MAPS, AT PAGE 44 T.C.R. LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, T 19 S, R 24 E, M.D.B.& M. IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA PREPARED BY: MORTON & PITALO, INC. 600 COOLIDGE DRIVE, SUITE 140, FOLSOM CA, 95630 AUGUST 2024 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF VISALIA PAVILION, LLC ON OCTOBER 15, 2023 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED ON OR BEFORE AUGUST 31, 2025 AND ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. _________________________________ _______________________ JEROME R. JONES, PLS 4922 DATE: CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. _________________________________ _______________________ MICHAEL E. LONG, PLS 6815 DATE: CITY SURVEYOR OWNER'S STATEMENT THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY. WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON FOR THE SPECIFIED PURPOSES: 1. SIDEWALK EASEMENT TO THE CITY OF VISALIA FOR THE INSTALLATION AND MAINTENANCE OF SIDEWALKS AS SHOWN HEREON. FOR: VISALIA PAVILION, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: VISALIA PAVILION MANAGING MEMBER, LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: JOSEPH K. KORNWASSER - MANAGING MEMBER DATE: LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF VISALIA, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 6 OF PARCEL MAP NO. 4839, ACCORDING TO THE MAP THEREOF RECORDED JUNE 29, 2007 IN BOOK 49 PAGE 44 OF PARCEL MAPS, TULARE COUNTY RECORDS. FLOOD HAZARD ZONE AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NO. 06107C0937E) FOR COMMUNITY NO. 060409 CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN A FLOOD ZONE AREA DESIGNATED ZONE X (SHADED), WHICH ARE AREAS OF 0.2-PERCENT ANNUAL CHANCE FLOODING, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1-PERCENT ANNUAL CHANCE FLOOD BY LEVEES. NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA / COUNTY OF TULARE ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND SIGNATURE _____________________________________ ______________________________ PRINT NAME MY COMMISSION EXPIRES:_________________________ _______________________________ COMMISSION NO. PRINCIPAL PLACE OF BUSINESS______________________ COUNTY CITY PLANNER'S STATEMENT I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP TPM NO. 2024-02 APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON APRIL 8, 2024. _________________________________ _______________________ PAUL BERNAL DATE: PLANNING AND COMMUNITY PRESERVATION DIRECTOR / CITY PLANNER BOARD OF SUPERVISOR'S STATEMENT I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DATED THIS __________ DAY OF _______________________,JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS _____________________________ BY: DEPUTY NOT TO SCALE WHITENDALE AVENUE PIQ CITY CLERK'S STATEMENT THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THIS ___________DAY OF _____________, 2024, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC, ACCEPTING, SUBJECT TO IMPROVEMENT THE SIDEWALK EASEMENT AS SHOWN HEREON, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS __________ DAY OF _______________________, 2024. LESLIE B. CAVIGLIA CITY MANAGER / CITY CLERK _____________________________ BY: CHIEF DEPUTY CITY CLERK RECORDER'S STATEMENT DOCUMENT NO._____________________________________________ FEE PAID______________FILED THIS ____________DAY OF ______________________________, 2024, AT_______M., IN BOOK ____________ OF PARCEL MAPS, AT PAGE(S) _______________TULARE COUNTY RECORDS, AT THE REQUEST OF MORTON & PITALO, INC.

TARA K. FREITAS, CPA TULARE COUNTY ASSESSOR / CLERK RECORDER _____________________________ BY: DEPUTY SHEET 1 OF 2 595
PARCEL 1 29,641 SF 0.680 ACRES PARCEL 2 138,933 SF 3.189 ACRES PARCEL 5 P.M. NO. 4839 49 P.M. 44 6' SIDEWALK EASEMENT TO CITY OF VISALIA DEDICATED HEREON S. C H I N O W T H S T R E E T W. C A L D W E L L A V E N U E N 0°21'54" E 336.57' N 0°28'12" E 281.33' N 0°28'12" E 307.55' N89°38'15"W

39.00' N00°21'54"E 39.00'

90.50'
S89°38'15"E
S43°05'33'E

40.86' N55°34'36"E 71.56' N 0°21'45" E 173.60'
S89°59'38"E

63.09'
S89°31'48"E 69.74'
N51°43'19"E 106.86'
N89°31'48"W

40.15' S 0°28'12" W 170.45'
N89°45'24"W 305.36' (N89°45'24"W 305.36')R1 N89°31'48"W 8.00' (N89°31'48"W 8.00')R1 S 0°28'12" W 110.68' S89°31'48"E 8.87' S89°31'48"E 66.78' 307.64' S 0°28'12" W 345.65' 20' WIDE CALIFORNIA WATER SERVICE EASEMENT DOC# 2008-0072358 30' FEET
0 50 100 GRAPHIC SCALE: 1"=50' PARCEL MAP NO. BEING A RE-SUBDIVISION OF PARCEL 6 PER PARCEL MAP NO. 4839 FILED IN BOOK 49 OF PARCEL MAPS, AT PAGE 44 T.C.R. LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, T 19 S, R 24 E, M.D.B.& M. IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA PREPARED BY: MORTON & PITALO, INC. 600 COOLIDGE DRIVE, SUITE 140, FOLSOM CA, 95630 AUGUST 2024 PORTION PARCEL PARCEL 4 P.M. NO. 4685 47 P.M. 90 873.10'

27.50' 277.86'
N89°45'24"W

69.00' (69.00')R1 20' WIDE CALIFORNIA WATER SERVICE EASEMENT DOC# 2008-0072358 CALIFORNIA WATER SERVICE EASEMENT (WIDTH VARIES) DOC# 2008-0072358 39'
30' FD BRASS DISC FLUSH IN CONCRETE ACCEPTED AS NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER SEC 11-19/24 LEGENDSET 3/4" IRON PIPE 24" LONG, IN ASPHALT OR 6" BELOW GROUND, IN LANDSCAPE AREAS TAGGED LS 4922 OR RAILROAD SPIKE IN ASPHALT, STAMPED LS 4922 DIMENSION POINT (NOTHING SET OR FOUND) FOUND SECTION CORNER AS NOTED FOUND QUARTER/QUARTER CORNER AS NOTED FOUND MONUMENT AS NOTED FOUND CUT CROSS IN TOP OF CURB (CITY SWING TIE) PARCEL MAP SEARCHED FOR NOT FOUND DOCUMENT NO. RECORD DATA PER PM 4839 BK 49 PG 44 BOUNDARY LINE EXISTING PARCEL LINE EXISTING EASEMENT LINE PROPOSED LOT LINE SECTION LINE PROPOSED EASEMENT LINE P.M. S.F.N.F. DOC# R1 DEMAREE STREET FD BRASS DISC FLUSH IN CONCRETE STAMPED LS 8006 ACCEPTED AS NORTHEAST CORNER OF SEC 11-19/24

87.71' (87.76') 94.26' (94.25') 105.07' (105.13') 97.07' (97.09')

77.46' (77.49') 87.62' (87.62')

59.58' (59.59') 49.35' (49.33') FD BRASS DISC FLUSH IN CONCRETE STAMPED LS 8006 S89°50'46' E 1320.10' (S89°50'46"E 1320.16') 49 PM 44, (S89°50'46"E 1320.20') 41 MAPS 30 12.67' W. ELKHORN AVENUE FD BRASS DISC FLUSH IN CONCRETE STAMPED LS 5676 PER 42 MAPS 38 451.91'PORTION PARCEL 1 PM 4685 47 P.M. 90 FOUND CUT CROSS IN TOP OF CURB DATA FOR SWING TIES IN PARENTHESIS WAS PROVIDED IN CADD FILE BY CITY OF VISALIA CORNER RECORD NOT YET FILED WITH COUNTY OF TULARE

30.00'

PACKWOOD AVENUE
(N89°43'44"W 812.13') 44 MAPS 68
N89°43'39"W 812.11' FD BRASS DISC FLUSH IN CONCRETE STAMPED LS 8163 PER 44 MAPS 68 FD BRASS DISC FLUSH IN CONCRETE STAMPED LS 8163 PER 44 MAPS 68 (14') 44 MAPS 68 3/4" IRON PIPE PER 41 MAPS 30 S.F.N.F. N00°21'54"E 1325.01' (N00°21'37"E 1325.01') 44 MAPS 68 (N00°21'47"E 1325.16') 41 MAPS 30 N00°21'54"E 752.54' (N00°21'47"E 752.30') 42 MAPS 38 (N00°21'51"E 752.51') 44 MAPS 68 1/2" REBAR PIPE PER 47 P.M. 90 S.F.N.F. TPM 2024-02 SHEET 2 OF 2 PARCEL 4 P.M. NO. 4839 49 P.M. 44 PORTION PARCEL 1 PM 4685 47 P.M. 90 BASIS OF BEARINGS BASIS OF BEARINGS THE BEARING N 89°50'46" W OF THE NORTH LINE OF SECTION 11, TOWNSHIP 19 S, RANGE 24 E, M.D.B. & M. AS SHOWN ON PARCEL MAP NO. 4839 FILED IN BOOK 49 OF PARCEL MAPS AT PAGE 44, TULARE COUNTY RECORDS WAS TAKEN AS BASIS OF BEARINGS FOR THIS MAP 16.70'

29.55' 38.01' 15.21'(TIE)

4.03'(TIE)

1.72'(TIE)

5.01'(TIE)
(N 0°21'45" E 336.57')R1
(N89°38'15"W

39.00')R1
(N00°21'45"E 39.00')R1
(S89°38'15"E 90.52')R1
(N55°34'36"E 71.56')R1 (N 0°21'45" E 173.60')R1
(N89°45'24"W) R1
(S 0°28'12" W 110.67')R1
(S 0°28'12" W 170.45') R1
(N89°31'48"W

40.15')R1
(S 0°28'12" W 345.65')R1
(S89°31'48"E 69.74')R1
(N51°43'19"E 106.86')R1
(S89°59'38"E 63.09')R1
(S43°05'33'E 40.86')R1 NOTES 1. ALL DISTANCES AND DIMENSIONS SHOWN ARE IN FEET AND DECIMALS THEREOF. 2. THE GROSS AREA SUBDIVIDED BY THIS MAP IS 3.870 ACRES. EASEMENTS AFFECTING THIS PROPERTY 1. DECLARATION OF EASEMENTS AND CONDITIONS, RECORDED APRIL 8, 2005, AS DOCUMENT NO. 2005-0035972. 596
0 112.5 225
Feet
±
Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere 2024
City of Visalia, Fresno County Dept. PWP, California State Parks, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, USFWS, Nearmap US, Esri,

NASA, NGA, USGS, FEMA
Aerial Map
Final Parcel Map:TPM 2024-02
W Caldwell Ave
S Chinowth St
Russell
Redding
MissionPride
Chinowth
Subject
Property
597
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0476 Agenda Date: 11/18/2024 Agenda #: 11.

Agenda Item Wording:

Record Final Parcel Map - Request authorization to record the final parcel map for Tentative Parcel Map No. 2021-06, located at 4234 South Demaree Street.

Deadline for Action: None
Submitting Department: Community Development
Contact Name and Phone Number:

Luqman Ragabi, Associate Engineer, [email protected] <mailto:[email protected]> , (599) 713-4362 Jason Huckleberry, Building and Engineering Director, [email protected] <mailto:[email protected]>, (559) 713-4495 Department Recommendation:

Staff recommends that City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2021-06.

Background Discussion:

The final parcel map will subdivide two parcels totaling 3.66 acres within the R-1-5 zone resulting in the creation of four new parcels and a remainder lot. Frontage improvements along Demaree Street and Silvervale St will be completed with the development of the new parcels.

A 5-foot sewer easement along the Demaree Street frontage will be established with the map and 2- feet along Silvervale Street will be dedicated to the City for right of way purposes.

Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Section 16.24.080 of the Subdivision Ordinance limits the City Council’s action to the specific determination that the final map substantially conforms to the contents of the tentative map, and the California Subdivision Map Act states that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map.” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject all offers of dedication on the final map pursuant to Section 16.24.080 of the Subdivision Ordinance and require that the City Engineer so indicate on the final map; however, staff’s recommendation is that the City Council authorize recordation of the final map and accept all offers of dedication as previously described in this report.

Fiscal Impact:

The recording of this final parcel map will have no fiscal impact. A Landscape and Lighting assessment district is not required for this final parcel map.

Prior Council Action: N/A
Visalia City Council Page 1 of 2 Printed on 11/15/2024
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File #: 24-0476 Agenda Date: 11/18/2024 Agenda #: 11.

Other Committee/Commission Review and Action: Tentative Parcel Map 2021-06 was approved by the Planning Commission on February 28, 2022.

Alternatives: None Recommended
Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final parcel map for Tentative Parcel Map No. 2021-06.

CEQA Review: Categorically Exempt pursuant to CEQA Guidelines Section 15315, Categorical Exemption No 2021-57.

Attachments: 1. Parcel Map 2. Aerial Map
Visalia City Council Page 2 of 2 Printed on 11/15/2024
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SHEET 1 OF 3 SHEETS SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ACEVEDO HOMES, INC., IN DECEMBER, 2020 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED ON OR BEFORE JUNE, 2025 AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. BRIAN S. BORUM, LS 8006 DATE RECORDER'S STATEMENT DOCUMENT NO. FEE PAID: FILED THIS DAY OF , 20 , AT M. IN BOOK OF PARCEL MAPS, AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF BRIAN S. BORUM -LAND SURVEYOR TARA FREITAS, CPA TULARE COUNTY ASSESSOR / CLERK-RECORDER BY DEPUTY BOARD OF SUPERVISORS STATEMENT I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES PROVIDED IN DIVISION 2 OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. DATED: JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY: _______________________________________________ CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPILED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. MICHAEL E. LONG PLS 6815 DATE CITY SURVEYOR CITY PLANNER'S STATEMENT I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP APPROVED BY THE CITY OF VISALIA PLANNING COMMISION AT THE REGULAR MEETING HELD ON . PAUL BERNAL, DATE PLANNING AND COMMUNITY PRESERVATION DIRECTOR/CITY PLANNER FLOOD HAZARD ZONE AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0937E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN A FLOOD ZONE AREA DESIGNATED ZONE X (UNSHADED), WHICH ARE AREAS OF 0.2% ANNUAL CHANCE FLOODING. CITY CLERK'S STATEMENT THIS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE ______________ DAY OF ____________________________, 20____, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS MAP AND SUBDIVISION AND ON BEHALF OF THE PUBLIC, ACCEPTING, SUBJECT TO IMPROVEMENT, THE 2.00 FOOT RIGHT OF WAY IN FEE AND THE 5.00 FOOT SEWER EASEMENT ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THE MAP. WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS _____ DAY OF ______________, 20_____ . LESLIE B. CAVIGLIA CITY MANAGER/CITY CLERK _______________________________________________ BY: CHIEF DEPUTY CITY CLERK OWNER'S STATEMENT THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY. WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES; 1.) A 2.00 FOOT RIGHT OF WAY IN FEE TO THE CITY OF VISALIA 2.) A 5.00 FOOT SANITARY SEWER EASEMENT TO THE CITY OF VISALIA FOR THE INSTALLATION AND MAINTENANCE AS SANITARY SEWER PIPELINES AS SHOWN HEREON. JENNIFER S. ACEVEDO, A SINGLE WOMAN BY: ____________________________________ NAME: ____________________________________ TITLE: ____________________________________ ACEVEDO HOMES, INC., A CALIFORNIA CORPORATION BY: ____________________________________ NAME: ____________________________________ TITLE: ____________________________________ VICINITY MAP N.T.S. N BEING A DIVISION OF A PORTION OF THE S1/2 OF THE NW1/4 OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF VISALIA, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA. MAY 2024 SITE PARCEL MAP NO. ______ CITY OF VISALIA VISALIA PARKWAY REESE AVE.

DEMAREE ST. W. PACKWOOD AVE.

S. DANS STREET GREENHOUSE AVE. LEGAL DESCRIPTION PARCEL 1 PARCEL NO. 2 OF PARCEL MAP NO. 66 AS PER MAP THEREOF FILED IN BOOK 1 OF PARCEL MAPS AT PAGE 66 IN THE OFFICE OF THE COUNTY RECORDER OF TULARE COUNTY. ALONG WITH THE FOLLOWING DESCRIBED PARCEL: BEGINNING AT THE SOUTHWEST CORNER OF LOT 16 THE LITTLE RANCH, AS PER MAP THEREOF RECORDED IN VOLUME 40 OF MAPS AT PAGE 44 TULARE COUNTY RECORDS; THENCE SOUTH 89° 19' 33" WEST, ALONG THE SOUTHERLY LINE OF SILVERVALE STREET, AS SHOWN ON SAID MAP, A DISTANCE OF 56 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 19' 58" EAST, ALONG THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SILVERVALE STREET, A DISTANCE OF 110.55 FEET; THENCE SOUTH 89° 18' 29" WEST, 50.90 FEET TO THE SOUTHEAST CORNER OF PARCEL 2 OF PARCEL MAP NO. 66 AS PER MAP THEREOF FILLED IN BOOK 1 OF PARCEL MAPS, AT PAGE 66 TULARE COUNTY RECORDS; THENCE NORTH 0° 19' 58" WEST, ALONG THE EAST LINE OF SAID PARCEL 2 OF PARCEL MAP NO. 66 A DISTANCE OF 110.55 FEET MORE OR LESS TO A POINT ON THE WESTERLY EXTENSION OF THE SOUTHERLY LINE OF SILVERVALE STREET, AS SHOWN ON SAID MAP OF LITTLE RANCH; THENCE NORTH 89° 19' 33" EAST, ALONG SAID WESTERLY EXTENSION OF THE SOUTHERLY LINE OF SILVERVALE STREET, A DISTANCE OF 50.90 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LEGAL DESCRIPTION IS SHOWN AS ADJUSTED PARCEL NO. 1, PURSUANT TO LOT LINE ADJUSTMENT NO. 2018-10, RECORDED NOVEMBER 5, 2018 AS DOCUMENT NO. 2018-0063190 OF OFFICIAL RECORDS. PARCEL 2 THAT PORTION DESCRIBED AS THE REMAINDER OF THE LITTLE RANCH, RECORDED IN BOOK 40, OF MAPS, AT PAGE 44, SITUATED IN A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA: EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID REMAINDER, THENCE SOUTH 00° 20' 34" EAST, ALONG THE EAST LINE OF SAID REMAINDER, A DISTANCE OF 20.87 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 19.50 FEET TO WHICH A RADIAL BEARS NORTH 30° 29' 22" EAST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 49° 23' 40", AN ARC DISTANCE OF 16.81 FEET; THENCE SOUTH 71° 05' 41" WEST, A DISTANCE OF 5.62 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 253.50 FEET TO WHICH A RADIAL BEARS NORTH 18° 54' 19" WEST; THENCE SOUTHWESTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 06° 52' 47", AN ARC DISTANCE OF 30.44 FEET, TO A POINT ON THE WEST LINE OF SAID REMAINDER; THENCE NORTH 00° 20' 34" WEST, ALONG THE WEST LINE OF SAID REMAINDER, A DISTANCE OF 28.56 FEET TO THE NORTHWEST CORNER OF SAID REMAINDER; THENCE NORTH 89° 19' 20" EAST, ALONG THE NORTH LINE OF SAID REMAINDER, A DISTANCE OF 50.90 FEET TO THE NORTHEAST CORNER OF SAID REMAINDER, SAID POINT ALSO BEING THE POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF PARCEL NO. 1 OF PARCEL MAP NO. 192 RECORDED IN BOOK 2, PAGE 92 OF PARCEL MAPS T.C.R., SITUATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE & MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 1, THENCE SOUTH 89° 18' 37" WEST, ALONG THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 38.00 FEET; THENCE NORTH 00° 20' 34" WEST PARALLEL WITH THE EAST LINE OF SAID PARCEL 1, A DISTANCE OF 69.77 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 253.50 FEET TO WHICH A RADIAL BEARS NORTH 03° 21' 27" WEST; THENCE NORTHEASTERLY, ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 08° 40' 05", AN ARC DISTANCE OF 38.35 FEET TO A POINT ON THE EAST LINE OF SAID PARCEL 1; THENCE SOUTH 00° 20' 34" EAST, ALONG SAID EAST LINE, A DISTANCE OF 74.44 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED LEGAL DESCRIPTION IS SHOWN AS ADJUSTED PARCEL NO. 2, PURSUANT TO LOT LINE ADJUSTMENT NO. 2018-10, RECORDED NOVEMBER 5, 2018 AS DOCUMENT NO. 2018-0063190 OF OFFICIAL RECORDS. BENEFICIARY'S STATEMENT THE UNDERSIGNED, AS TRUSTEE/BENEFICIARY UNDER THE DEED OF TRUST RECORDED MAY 24, 2021 , AS DOCUMENT NUMBER 2021-0042934 OF OFFICIAL RECORDS, DOES HEREBY JOIN IN AND CONSENT TO THE EXECUTION OF THE FOREGOING OWNER'S STATEMENT AND TO PREPARATION AND RECORDATION OF THIS MAP AND ALL DEEDING AND DEDICATIONS THEREON. TRUSTEE: CHICAGO TITLE COMPANY __________ ____________________________________________________ BY: NAME DATE TITLE:___________________________________________________________ PROPERTY SUBJECT TO THE FOLLOWING EASEMENTS: 1. EASEMENT FOR PUBLIC ROAD PURPOSES TO COUNTY OF TULARE PER DOCUMENT RECORDED IN BOOK 3038, PAGE 854 OF OFFICIAL RECORDS. TPM 2021-06 DEFERRED IMPROVEMENT STATEMENT PUBLIC IMPROVEMENTS DEFERRED UNTIL THE TIME OF LOT DEVELOPMENT NOTE: A CONDITION OF THE DEVELOPMENT OF PARCEL 1 OR 2 THAT THE BASIN IS REQUIRED TO BE BACKFILLED. 600
NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF S.S. ON , BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. NOTARY PUBLIC PRINTED NAME: COUNTY OF: COMMISSION EXPIRES: COMMISSION NO: SHEET 2 OF 3 SHEETS NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF S.S. ON , BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. NOTARY PUBLIC PRINTED NAME: COUNTY OF: COMMISSION EXPIRES: COMMISSION NO: BEING A DIVISION OF A PORTION OF THE S1/2 OF THE NW1/4 OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA. MAY 2024 PARCEL MAP NO. ______ NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF S.S. ON , BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. NOTARY PUBLIC PRINTED NAME: COUNTY OF: COMMISSION EXPIRES: COMMISSION NO: NOTARY ACKNOWLEDGEMENT A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. STATE OF CALIFORNIA COUNTY OF S.S. ON , BEFORE ME, , A NOTARY PUBLIC, PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND. NOTARY PUBLIC PRINTED NAME: COUNTY OF: COMMISSION EXPIRES: COMMISSION NO: TPM 2021-06 601
23,755 SF PARCEL 1 14,390 SF PARCEL 2 14,406 SF PARCEL 3 C1 W1/4 COR. SEC. 12-19/24 FD. BD IN CONC STAMPED LS 7026 PER RM 44-15 VISALIA PARKWAY

DEMAREE STREET

SILVERVALE STREET
FD. 1/2" IP OPEN PER PM 1-66 ACCEPTED FD. BRASS DISC PLS 4076 0.21' S. & 0.25' E OF LINE PER RM 40-44 NOT USED CURVE DATA CURVE C1 C2 LENGTH 68.79' 16.81' RADIUS 253.50' 19.50' DELTA 15°32'54" 49°23'40" RADIAL LINE TABLE SEGMENT R1 R2R3R4 DIRECTION N3° 22' 21"W N18° 55' 15"W N18° 55' 36"W N30° 28' 04"E

20.87' C2 30' 30' 28' 28' FD. 1/2" IP OPEN PER PM 1-66 ACCEPTED SNF SNF

60.24'
((60.29'))
(331.97')
(228.97') (2094.82')
(N00°18'31"W 2655.76')
(N89°18'37"E 657.06')
(N89°17'19"E 657.20') 657.05'
(N00°20'34"W 442.16')
(228.72')
(221.085')
((N89°16'00"E 1643.70'))
((657.28'))
((N00°21'37"E 663.21'))
((442.16'))
((221.05'))
331.86'** ROAD EASEMENT TO COUNTY OF TULARE BOOK 3038 PAGE 854 OR ALSO PM 1-66 EASEMENT FOR STORM DRAIN PURPOSES ABANDONED PER RESOLUTION NO. 2022-17 RECORDED AS DOC. NO. 2022.0023442 6' PUE PER RM 40/44 FD. 1/2" IP OPEN PER PM 1-66 ACCEPTED 42' REMAINDER 61,928 SF 1.42 AC N89°18'37"E 656.83' 42.00' 465.87' 148.96' 331.82'
166.84'
N89°17'19"E 199.87'
N0°21'51"W 228.81'

72.04' 72.00' 84.77'
N89°18'40"E 735.96' 199.86' 466.09' 42.00' N89°18'09"E 466.00' 132.95' 95.86'
228.81'
N0°21'51"W 69.77' 50.90' 28.00'

72.00' 72.12' N89°17'19"E 199.87'
R1
R2
331.95' 657.28' N89°17'24"E 1643.72' 79.00' 986.44'
N0°21'51"W 663.07'
442.16' 28.00' R3 R4
2094.82'
N0°18'31"W 2655.57' BASIS OF BEARINGS
228.81'
N0°21'51"W 331.82' 38.00'
228.81' 5.00' SANITARY SEWER EASEMENT TO THE CITY OF VISALIA PER THIS MAP 576.83' EAST LINE OF W 1/2 SW 1/4, NW 1/4 SEC. 12-19/24
N89°18'37"W 38.00' Dd
N0°20'34"W 69.77' Dd C2 Dd 16.81' 19.50' 49°23'40" R4 Dd N30°20'22"E N71°04'24"E 5.62' N71°05'41"W 5.62' Dd SNF 2' 2' 310.96' 665.95' 614.83' [N89°32'11"E 614.99']
[576.99'] 110.96'
220.91'
[N0°07'56"W 69.77' ]
[C1] 253.50' 19.50' 15°32'52" R4 Dd N30°20'22"E
[R2] N18°41'41"W
[C2] 16.81' 19.50' 49°24'20" [N71°18'19"E 5.62'] 6' 6' MONUMENT NOT SEARCHED FOR 50.90' 44,690 SF

95.93' PARCEL 4 FD. 1/2" IP OPEN PER PM 54-82 ACCEPTED
132.88' 23.89' FD. CENTER NAIL AND PATCH WITH 2X2 OFFSET PER RM 44-15

DANS STREET
(986.40') FD. BRASS DISC PLS 4076 PER RM 40-44 HELD FOR LINE CHATHAM STREET GREENHOUSE AVENUE <N89°19'01"E 354.90'> N89°19'54"E 355.42' CALDWELL AVENUE NW COR. SEC. 12-19/24 FD. BD STAMPED CITY ENGINEER PER LS 27-69 JOB: 202140 FEBRUARY 2022 SHEET 3 OF 3 LEGENDINDICATES FOUND MONUMENT AS NOTED SET 5/8" X 24" LONG REBAR WITH CAP LS 8006 DOWN 0.5 FEET UNLESS NOTED OTHERWISE 2.00' ADDITIONAL RIGHT OF WAY DEDICATED TO THE CITY OF VISALIA PER THIS MAP FOUND 1/2" REBAR WITH CAP LS 9227 PER PARCEL MAP NO. 5374 RECORDED IN BOOK 54 OF PARCEL MAPS AT PAGE 82 TCR. ( ) RECORD DATA PARCEL MAP NO. 66 RECORDED IN BOOK 1 OF PARCEL MAPS AT PAGE 66 TCR OR CALULATED THEREFROM [ ] RECORD DATA PER PARCEL MAP 5374 RECORDED IN BOOK 54 OF PARCEL MAPS AT PAGE 82 TCR (( )) RECORD DATA PER LOS PINOS RECORDED IN BOOK 44 OF MAPS AT PAGE 15 TCR < > RECORD DATA PER THE LITTLE RANCH RECORDED IN BOOK 40 OF MAPS AT PAGE 44 TCR Dd RECORD DATA PER LOT LINE ADJUSTMENT NO. 2018-10 RECORDED AS DOCUMENT NO. 2018-0063190 TCOR. SUBJECT PARCEL BOUNDARY FD FOUND MON MONUMENT TCR TULARE COUNTY RECORDS TCOR TULARE COUNTY OFFICIAL RECORDS BD BRASS DISC SNF SEARCHED NOTHING FOUND ** CALCULATED FROM RECORD ALL DISTANCES IN FEET OR DECIMALS THEREOF BASIS OF BEARINGS THE BASIS OF BEARINGS IS BETWEEN TWO FOUND MONUMENTS ON THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST M.D.M AS SHOWN ONPARCEL MAP 66 RECORDED IN BOOK 1 OF PARCEL MAPS AT PAGE 66 OF TULARE COUNTY RECORDS AND BEARS NORTH 00°18'31" WEST. 60' SCALE: 1"= N 60' 0' 120' PARCEL MAP NO. ______ BEING A DIVISION OF A PORTION OF THE S1/2 OF THE NW1/4 OF SECTION 12, TOWNSHIP 19 SOUTH, RANGE 24 EAST, MOUNT DIABLO MERIDIAN IN THE CITY OF VISALIA. COUNTY OF TULARE, STATE OF CALIFORNIA. MAY 2024 THE LITTLE RANCH RM 40/44 14 15 16 LOS PINOS RM 44/15 15 16 LOT C 17 PARCEL 2 PARCEL MAP 5374 PM 54/82FD. BD IN C CONC. PLS 4076 PER RM 44-15 REESE AVENUE PARCEL 2 PM 1/66 TPM 2021-06 POR. S 1/2 NW 1/4 SEC. 12-19/24 PARCEL 1 PM 54/82 GRANT DEED DOC. NO. 2013-0009600 TCOR GRANT DEED BOOK 3547 PAGE 123 TCOR 602
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0478 Agenda Date: 11/18/2024 Agenda #: 12.

Agenda Item Wording:

Accept Grant For Animal Reunification - Authorize the City Council to accept and appropriate a $5,000.00 grant from Best Friends Animal Society and authorize the City Manager to designate the Animal Services Manager to execute the Best Friends Grant Agreement for the use of funding additional efforts to reunite owners with their pets and support our foster program.

Deadline for Action: 11/18/2024
Submitting Department: Community Services
Contact Name and Phone Number: Candace Harrington Animal Services Manager, 559-713-4682, [email protected] <mailto:[email protected]> Jason Glick Parks and Recreation Director, 559-713-4042, [email protected].

Department Recommendation:

That City Council authorizes acceptance of a $5,000.00 grant from the Best Friends Animal Society and appropriate the funds for the use of funding additional efforts to reunite owners with their pets and support our foster program.

Background Discussion:

In September 2024, Animal Services staff were presented with an opportunity to participate in the Return to Home Challenge by Best Friends Animal Society. For the month of September, staff followed guidelines to assist more animals in getting home. During September, Visalia Animal Services had an increase of twenty-five animals reunited in 2024 in comparison to September of 2023. For this effort, Best Friends Animal Society awarded Visalia Animal Services with a $5,000.00 grant. The City of Visalia was notified of the award of the grant on October 25, 2024.

Proposed Use of Grant Funds:

This grant would be used to purchase three microchip scanners and create three microchip scanning stations in the community using $2,000.00. The remaining $3,000.00 would be used to purchase supplies to support Animal Services foster program, such as crates, food, blankets, bowls, collars, leashes and other needed supplies for the animals in foster care.

Fiscal Impact:

The Best Friends Animal Society Grant awarded to the City of Visalia will cover the costs for continued efforts to reunite owners with their pets and buy needed supplies for our foster program.

Prior Council Action: None.

Other: N/A
Visalia City Council Page 1 of 2 Printed on 11/12/2024
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File #: 24-0478 Agenda Date: 11/18/2024 Agenda #: 12.

Alternatives: To refuse the $5,000.00 Best Friends Animal Society Grant and forego the opportunity to increase the number of animals reunited in our community and additional support to our foster program that helps find our shelter pets homes.

Recommended Motion (and Alternative Motions if expected):

Move that City Council authorize acceptance of a $5,000.00 grant from Best Friends Animal Society and appropriate the funds for the use of funding additional efforts to reunite owners with their pets and support our foster program; and authorize the City Manager to designate the Animal Services Manager to execute the Best Friends Grant Agreement.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Attachment A: (Best Friends Grant Agreement 2024) Visalia City Council Page 2 of 2 Printed on 11/12/2024
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0479 Agenda Date: 11/18/2024 Agenda #: 13.

Agenda Item Wording:

Award Park Project - Authorize the City Manager to Award Resurface Basketball Courts at Village Park to Juarez Brothers General Engineering for an amount not to exceed of $168,042.00.

Deadline for Action: 11/18/2024
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]> Jason Glick, Parks and Recreation Director 713- 4042; jason.glick@visalia <mailto:jason.glick@visalia>
Department Recommendation:

It is recommended that the City Council authorize the award of a construction contract for the demo of two existing concrete basketball courts and installation of two new concrete basketball courts at Village Park to Juarez Brothers General Engineering INC. of Madera, CA, in the amount of and not to exceed $168,042.00, per specifications of RFB 24-25-10.

Background Discussion:

At the December 20, 2021, City of Visalia Council Work Session, City Council approved the appropriation of $29,364,455 from the 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, park playground replacement, and basketball court restoration. Staff identified the Village Park Basketball Courts were cracked and damaged from tree roots and needed to be replaced.

RFB 24-25-10 was advertised on September 12, 2024, and September 17, 2024, for the demolition of existing concrete basketball courts and installation of new concrete basketball courts. One pre-bid meeting was conducted on September 24, 2024, where staff answered questions and toured the basketball courts with several contractors.

On Monday, October 14, 2024, the City received bids from eight (8) contractors in the Bid Summary below.

Juarez Brothers General Engineering INC. of Madera, CA was the qualified low bidder for RFB 24-25-10 Resurface Basketball Courts at Village Park.
· Juarez Brothers General Engineering INC., Madera, CA $152,765.00 · Dave Christian Construction Company, Fresno, CA $159,371.00 · Sierra Range Construction Company, Visalia, CA $161,354.04 Visalia City Council Page 1 of 2 Printed on 11/15/2024
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File #: 24-0479 Agenda Date: 11/18/2024 Agenda #: 13.
· JT2 Inc. DBA Todd Companies, Visalia, CA $183,296.00
· Ares Engineering, Tollhouse, CA $206,640.00
· SW Construction, Bakersfield, CA $213,665.40
· HS Construction Inc., Clovis, CA $248,985.00
· McDaniels Construction, Bakersfield, CA $272,533.80
Staff is recommending awarding the contract for the total bid of $152,765.00 plus $15,277.00 for project contingency. The project contingency will only be utilized as change orders occur. Any remaining funds will be released back to the ARPA Fund balance.

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’s Labor 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 24-25-10 a construction contract for Services at Village 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 bids and go out for another Request for Bids.

Recommended Motion (and Alternative Motions if expected):

I move to award a contract for the demo of two existing concrete basketball courts and installation of two new concrete basketball courts at Village Park to Juarez Brothers General Engineering INC. of Madera, CA, in the amount of and not to exceed $168,042.00, per specifications of RFB 24-25-10...end Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: RFB 24-25-10, RFB 24-25-10 Addendum 1, RFB 24-25-10 Addendum 2, RFB 24-25-10 Addendum 3, Juarez Brothers General Engineering INC. Bid, Site Map - Basketball Courts.

Visalia City Council Page 2 of 2 Printed on 11/15/2024
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RFB 24-25-10
Resurface Basketball Courts at Village Park
1 CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-10
PROJECT:

RESURFACE BASKETBALL COURTS

AT VILLAGE PARK
BID SUBMITTAL DEADLINE: 2:00 P.M. ON THURSDAY, OCTOBER 10, 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 binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

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

Advertisement Dates: 9/12/24 & 9/17/24
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2 TABLE OF CONTENTS
SECTION 1

I. Definitions...............................................................................................................................................................3 II. Project Introduction.................................................................................................................................................3 III. Instructions..............................................................................................................................................................4 IV. Scope Of Work/Project Specifications....................................................................................................................5 V. Pre-Bid And Preconstruction Meetings...................................................................................................................6 VI. Bid Opening And Confidentiality............................................................................................................................6 VII. Award ......................................................................................................................................................................6 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 ....................................................................................................................................................................13 Bidding Contractors License Information..................................................................................................................16 Contractors Reference................................................................................................................................................16 Bid Bond ....................................................................................................................................................................17 Subcontractor Listing.................................................................................................................................................18 Business Ownership Disclosure / California Levine Act Statement ..........................................................................19 Signature Page ...........................................................................................................................................................20 Federal and State Requirements / Certifications........................................................................................................24 SECTION 3
Sample Contract.........................................................................................................................................................38 Contract General Provisions – Attachment 1.............................................................................................................42 Contract Insurance Requirements – Attachment 2.....................................................................................................45 ADDITIONAL ATTACHMENTS (attached separately)
01 Federal Prevailing Wage Designations
02 State Prevailing Wage Designations
03 City of Visalia Labor Compliance Manual
04 Site Map – Basketball Courts at Village Park
05 Striping Diagram – Basketball Courts at Village Park 06 Basketball Hoop Specs
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3 SECTION 1
I. DEFINITIONS
For the purposes of this RFB NO. 24-25-10 the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

2. “City Council” means the Council of the City of Visalia

3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.

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

5. RFB” means Request for Bid No. 24-25-10
II. PROJECT INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids from qualified contractors to resurface basketball courts at Village Park (located at 315 Pearl Street in Visalia, CA). Awarded Contractor shall provide all labor, equipment, tools, and materials to demolish existing concrete basketball courts and install new concrete basketball courts, court striping and commercial basketball goals. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

This project is supported, in whole or in part, by federal award number SLFRP2005, awarded to City of Visalia by the U.S. Department of the Treasury. Federal Funds being utilized for this project are American Rescue Plan Act Funds (ARPA). All federal procurement requirements provided in 2CFR shall be in effect. 2 CFR 200 link: https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 Plans & Specifications: Plans and Specifications are contained in this RFB document and may be obtained free of charge at the Purchasing Division, 707 W. Acequia Street, Visalia, California, or by calling (559) 713-4334, or emailing your request to [email protected]. The documents will be emailed to the requestor. Additionally, the documents can be downloaded from BidNet Direct by registered users and are available at various Builders’ Exchanges. If documents are requested to be shipped overnight, the Contractor will be responsible for all shipping charges incurred and will be billed by the shipping company directly.

Contract Dates: Tentative date of award date: November 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: The entire project must be completed within thirty (45) calendar days from the effective date of the Notice to Proceed. The Notice to Proceed will be issued in writing by the Purchasing Department.

Budget Estimate for this project is approximately $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. 619
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4 This project is subject to the payment of State or Federal wage rates, whichever rate is higher.

License Requirements: No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class B, General Engineering or combination of Class C licenses to complete all aspects of the work. See Section III for additional Department of Industrial Relations Requirements which apply to this project.

Use of Subcontractors: Your proposal may include subcontractors and you should clearly delineate the responsibilities of each of those participants within your proposal. However, the City will recognize the party legally signing the Bid Proposal as prime contractor and contacting party, who, as such, will assume ultimate responsibility for ensuring compliance with the specifications, terms and conditions of the Invitation to Bid. The Prime Contractor must complete a minimum of %51 of the total amount of work under this contract.

III. INSTRUCTIONS

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

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

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

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

PROJECT: Resurface Basketball Courts (Village Park)
RFB NO. 24-25-10
BID SUBMITTAL DEADLINE: October 10, 2024, at 2:00pm

4. Submit the entire Section 2 (Bidding and Contract Documents (pg 14-37). 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: September 30, 2024. 620
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5 IV. SCOPE OF WORK/PROJECT SPECIFICATIONS
The successful contractor shall provide all labor, equipment, tools, and materials to demo existing concrete basketball courts and install a new concreate basketball courts, court striping, and commercial basketball goals located at Village Park, 315 Pearl Street, Visalia CA 93291. The work will consist of:
❑ Removal of approximately 5,520 sq ft of 5-inch concrete. ❑ The basketball court area will be leveled to allow for a 5-inch-thick concrete pad that will match the existing grade of surrounding hardscape. Sub-base shall be compacted to 95% compaction or the city’s standard compaction for concrete, and re-poured with concrete, leveled and worked so that the concrete basketball courts are returned to a level flat surface that is safe for play. ❑ Installation of approximately 5,520 sq ft of 5-inch 6 sack concrete for new basketball courts. ❑ Basketball court surface will have a #2 broom finish with a 1% slope from the center of the two courts to the outside edge to prevent puddling on the basketball court surface. ❑ Basketball courts shall be striped to two regulation size National Basketball Association courts. ❑ Court striping paint shall be acrylic paint designed for outdoor concrete surfaces. ❑ Alternative Bid Items:

Alternate Item 1:
o Remove four (4) existing basketball goals, including removal of concrete footings Alternate Item 2:
o Install (4) new commercial grade basketball goals Mega Slam FX 72 or approved equal to manufacturer’s recommendations. Mega Slam FX 72 specifications are included with this bid document. Requests for other manufacturers to be considered as an approved equal must be submitted to [email protected] with detailed specifications of the product(s) no later than September 26th. Project Manager will review specifications submitted and if the request is approved, it will be stated via addendum.
❑ Any damage to existing concrete slabs, equipment, or amenities shall be repaired at the expense of the contractor.
❑ Contractor shall be responsible for clean-up and disposal of all waste materials. ❑ Work to be performed for the Village Park Basketball Court Project shall be compensated at the contract Unit Cost and shall include mobilization, furnishing of all labor, materials, tools, equipment, and incidentals, to complete the installation of new basketball courts in accordance with this bid request and as directed by the City’s Project Manager, and per the City Standard Specifications to provide fully completed improvements. No additional payment will be made, therefore. ❑ 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).
❑ Awarded Contractor shall follow the requirements of the City of Visalia Labor Compliance Manual (which is made a part of this RFB and contract).
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6 V. PRE-BID MEETING

1. Informational Pre-Bid Meeting. An Informational Pre-Bid meeting will be held on Tuesday, September 24, 2024, at 9:00a.m. at the jobsite, 315 Pearl Street in Visalia, CA.

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 October 10, 2024 at 2:00 P.M. at the jobsite (315 Pearl Street, Visalia, CA). The name of each Bidder and the amount of each Bid shall be read aloud and summarized on a Bid Summary sheet. The bid summary sheet is open to public inspection at the Bid opening and after the City has made an Intent to Award decision. Other Bid information will not be available for public review during the evaluation phase.

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

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

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

VII. AWARD

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

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
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7 VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

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

2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.

3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.

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

IX. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

2. Post Award/Pre-Construction Meeting. Subsequent to the award of contract, the Contractor or Construction Superintendent; as well as all identified subcontractors shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting. Additionally, this conference will be the forum to notify Contractors and subcontractors about labor standards compliance. At that time, Contractor shall furnish a schedule showing the tentative starting and completion dates. Contractor is responsible to arrange this meeting.

City Project Manager: Alvin Dias Department: Parks & Urban Forestry

3. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City.

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

5. Required Bonds: Within ten (10) days of the Notice of Award, the Bidder awarded contract pursuant to this RFB will be required to provide to the City of Visalia with:
• A “Performance Bond” in the amount of 100% of the contract amount • A “Payment Bond” in the amount of 100% of the contract amount • A “Maintenance Bond” in the amount of 75% of the contract amount. The Maintenance bond shall remain in effect for one year after the Notice of Completion is filed. 623
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8 According to City standard 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.

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 reviewed and authorized by the City of Visalia Change Order Committee.

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

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

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

Excessive altered work shall be covered by supplemental agreement that is subject to funding agency approval as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.

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

4. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for 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 624
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9 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:
(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. 625
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10 (3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

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

14.Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.

15.Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes. Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project.

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

XI. GENERAL CONDITIONS

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

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

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

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

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

3. Post-Closing Date Corrections are prohibited.

4. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
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11 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 Division, and the Department requesting Bids.

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

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

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

17. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.

18. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.

19. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.

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

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

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the 627
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12 requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of bid items and alternate bid items.

24. No mention shall be made in the bid of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.

25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.

26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid. 628
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13 SECTION 2

BIDDING AND CONTRACT DOCUMENTS
Note: This entire section must be submitted with bid (pg 14 – 37) 629
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14 Bidders Name: ____________________________
(Submit with Bid Proposal)
BID FORM RFB NO. 24-25-10
Project: RESURFACE BASKETBALL COURTS AT VILLAGE PARK
TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-10 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, 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 the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

BIDDER hereby agrees to execute a contract and provide bonds within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, the accompanying Bid Guarantee shall be forfeited to the City of Visalia as liquidated damages, and said Purchasing Division may proceed to award the contract to others.

BIDDER agrees to commence the work within ten (10) calendar days after the effective date of the Notice to Proceed and to complete the work by forty-five (45) calendar days after Notice to Proceed, unless extended in writing by the Purchasing Division.

BIDDER proposes to furnish as specified in RFB-24-25-10, a “Performance Bond” in the amount of 100% of the contract amount, a “Payment Bond” in the amount of the 100% of the contract amount, and a “Maintenance Bond” in the amount of 75% of the contract amount. The Maintenance Bond shall remain in effect for one year after the Notice of Completion is filed
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. 630
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15 Bidders Name: ____________________________
(Submit with Bid Proposal)

BASE BID
Village Park Basketball Court Resurfacing Per
Specifications of RFB-24-25-10 (prices bid shall
include all equipment, materials, concrete, fuel, and
labor costs)
Unit Price x Quantity = Total Cost
1 Concrete Demolition $______ /sq ft x 5,520 sq ft = $_____________________ 2 Level subgrade, compaction $______ /sq ft x 5,520 sq ft = $_____________________ 3 Installation of 5-inch-thick concrete $_______/sq ft x 5,520 sq ft = $_____________________ 4 Court striping with acrylic paint $______/ln ft x 1,700 ln ft = $_____________________ TOTAL BASE BID $_____________________
This bid includes a base bid and two (2) alternate bid items. Bidders are to bid on Base Bid and both alternate bid items.

ALTERNATE ITEM 1: Unit Price x Quantity = Total Cost
Demolition of existing basketball goals and footing
removal (prices bid shall include all equipment,
materials, concrete, fuel, and labor costs) $_______/ea x 4 = $_____________________ ALTERNATE ITEM 2: Unit Price x Quantity = Total Cost
Installation of new commercial basketball goals
Mega Slam FX 72 (or approved equal) with
concrete footing per manufacturer
recommendation (prices bid shall include all
equipment, materials, concrete, fuel, and labor costs)
$________/ea x 4 = $_____________________

TOTAL BID AMOUNT
(Base Bid + Alt. Item No. 1 + Alt. Item No. 2)
$_____________________
Lowest Bidder will be determined by the TOTAL BID AMOUNT, which is the sum total of the Base Bid + Alternate Item 1 + Alternate Item 2. After Lowest Bidder has been determined, the City reserves the right to award Base Bid Only or Base Bid and one or more alternate bid items, depending on available funding.

In the event of discrepancies between the bid total, summaries of totals and unit price extensions, the unit price correctly extended will control over the summaries of totals, and the summaries of totals correctly added will control over the total, whether the summaries of totals are extended unit prices or lump sums. 631
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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].

CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two (2) years.

REFERENCE 1
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 2
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ REFERENCE 3
Name of Agency:________________________________________ Contact Person:_______________________ Agency Address:____________________________________________ Phone #:_________________________ 632
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17 Bidders Name: ____________________________
(Submit with Bid Proposal)

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

Such Deposit is made with the understanding that failure to execute such Contract will result in damage to the City, that the amount of such damage would be difficult to determine and that in the event of such default said Deposit shall become the property of the City; or, if a Bidder's Bond is deposited, the amount of the obligation thereof, but not more than the above stated amount, shall thereupon be due and payable to the City of Visalia as liquidated damages for such default, payment of said amount to be the joint and several obligation of the Bidder and the corporate surety.
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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 trade classifications, please list remaining subcontractors on a separate sheet of paper and submit with Bid.

SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)

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

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

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

Business Address:

Email Address:

CSLB # Expires:

DIR Registration #

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

Business Address:

Email Address:

CSLB # Expires:

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

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
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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: _______________________ 636
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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 theventure.

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

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

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

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

NAME ADDRESS
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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 nonresponsive 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 copartnership; and if bidder is an individual, his signature shall be placed above. If signature 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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24 Bidders Name: ____________________________
(Submit with Bid Proposal)

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

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

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

2. AMERICANS WITH DISABILITES ACT COMPLIANCE (42 U.S.C. 12101 et seq) By submission of a bid, the BIDDER, certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract, Agreement, or Purchase Order.

By commencing performance of the work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
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25 Bidders Name: ____________________________
(Submit with Bid Proposal)

3. BIDDER’S STATEMENT ON PREVIOUS CONTRACTS SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:

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

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

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

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

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

5. BUILD AMERICA, BUY AMERICA ACT (2 CFR 200.1 – IIJA; 49 U.S.C. 5323(J); 49 CFR 661) Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award.

For purposes of this section:
(A) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (B) “Manufactured products” means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 641
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26 Bidders Name: ____________________________
(Submit with Bid Proposal)

6. BYRD ANTI-LOBBYING AMENDMENT (31 U.S.C. § 1352, as amended) Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

7. CERTIFICATE OF NONSEGREGATED FACILITIES (FAR 52.222-23) (A) “Segregated facilities”, as used in this provision, means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. (B) By the submission of a bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract, agreement, or purchase order.
(C) By submission of the bid, the Bidder further agrees that (except where it has obtained identical certification from proposed SUBCONTRACTORS for specific time periods) it will:
i. Obtain identical certification from proposed SUBCONTRACTORS before the award of subcontracts under which the SUBBIDDER will be subject to the Equal Opportunity clause; ii. Retain such certifications in its files; and
iii. Forward this certification and the following notice to the proposed SUBCONTRACTORS:

NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR

CERTIFICATION OF NON-SEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e. quarterly, semiannually, or annually). (D) By commencing performance of the contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.

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

9. CERIFICATION REGARDING LOBBYING (31 CFR Part 21)
The BIDDER certifies, to the best of their knowledge and belief, that:
(A) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 642
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27 Bidders Name: ____________________________
(Submit with Bid Proposal)
(B) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. (C) The undersigned shall require that the language of this certification be include in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all contractors shall certify and disclose accordingly.

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

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

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

11. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 643
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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 otherwise entitled. The CITY must report all suspected or reported violations to the Federal awarding agency.

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

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

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

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

17. EQUAL OPPORTUNITY (EXECUTIVE ORDER 11246)
Contractor shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Except as otherwise provided under 41 CFR Part 60, if this Agreement meets the definition of ‘‘federally assisted construction contract’’ in 41 CFR Part 60–1.3, then during the performance of this Agreement, the CONTRACTOR agrees as follows:
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(A) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on be‐ half of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (C) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information.
(D) The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (E) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (F) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (G) In the event of the CONTRACTOR’S noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be im‐ posed and remediesinvoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(H) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the CITY may direct 646
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as a means of enforcing such pro‐ visions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomesinvolved in, or is threatened with, litigation with a sub‐contractor or vendor as a result of such direction by the CITY, then the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work.
(I) The CITY agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

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

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

19. IRAN CONTRACTING ACT CERTIFICATION (PUBLIC CONTRACT CODE SECTION 2200 et seq.) As required by California Public Contract Code Section 2204, the BIDDER/CONTRACTOR certifies, subject to penalty for perjury, that the option checked below relating to the BIDDER/CONTRACTOR’S status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq) is true and correct:
(A) The BIDDER/CONTRACTOR is not:
i. Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
ii. A financial institution that extends for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. (B) The City has exempted the BIDDER/CONTRACTOR from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the contract, agreement, or purchase order. 647
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(C) The amount of the contract, agreement, or purchase order payable to the BIDDER/CONTRACTOR for the project does not exceed $1,000,000 over the life of the contract, agreement, or purchase order (up to 5 years).

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the contract, agreement, or purchase order amount, termination of the contract, agreement, or purchase order amount, and/or eligibility to bid on contracts for three years.

20. MINORITY AND WOMEN BUSINESS ENTERPRISES (EXEC ORDERS 11625, 12138, and 12432) Contractor hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise).

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

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

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

That the BID is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the BID is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER of any other BIDDER, or to fix any overhead profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, agreement, or purchase order; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham BID. 648
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22. NO OBLIGATION BY FEDERAL GOVERNMENT
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the nonFederal entity, Contractor, or any other party pertaining to any matter resulting from the contract.

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

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

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

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

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

28. WORKERS’ COMPENSATION INSURANCE CERTIFICATE (CALIF LABOR CODE SECT 3700) The BIDDER acknowledges that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code and will comply with such provisions before commencing the performance of the work under this contract, agreement, or purchase order.

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

No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids submitted by unregistered contractors or that list unregistered subcontractors will be rejected.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 650
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If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.

The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract.
❑ As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
❑ As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. ❑ As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html . ❑ The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention. ❑ In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. ❑ In accordance with labor code section 1776 and 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 directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). 651
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❑ As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
❑ In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
❑ Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works. ❑ Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. ❑ The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000). ❑ As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
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37 Bidders Name: ____________________________
(Submit with Bid Proposal)
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract. o The contractor shall continually monitor a subcontractor’s use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. ❑ The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.

Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:

As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself.

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

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

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

RESURFACING OF BASKETBALL COURTS

AT VILLAGE PARK
(Parks and Urban Forestry)
(City of Visalia Bid No. 24-25-10)
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. 24-25-10, Resurfacing of Basketball Courts (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 for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 24-25-10, Resurfacing of Basketball Courts at Village Park Attachment 4 CONTRACTOR’s bid in response to Bid No. 24-25-10

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as requested in Bid No. 24-25-10 for the stated compensation on or before the stated completion dates.
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40 4. CITY COMMITMENTS:

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

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

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
*CONTRACTOR may elect to avoid the 5% retention by depositing securities of equivalent value pursuant to California Public Contract Code Section 22300.

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

CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: $
Payment Schedule: Within 45 days from receipt of approved invoice for completed work, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion*
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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 or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

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

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

H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.

I. Guarantees and Warranties:

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

2. ONE YEAR GUARANTEE: Besides guarantees required elsewhere, CONTRACTOR shall and hereby does guarantee the project work for a period of one year after the date of acceptance by CITY.
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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 otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Agreement. Work that does not conform may be considered defective. This warranty excludes remedy for damage or defect caused by abuse, modifications not executed by the CONTRACTOR, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.

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

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

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

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

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

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

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

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 658
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43 Department Head, or an exemption in the contract. If a contractor/vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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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 performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
d. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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45 a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.

Acequia, Visalia, CA, 93291

6. Proof of Coverage.

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

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

City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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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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Resurface Basketball Courts at Village Park RFB 25-25-10 Addendum #1 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-24-25-10

RESURFACE BASKETBALL COURTS AT VILLAGE PARK
ADDENDUM NO. 1
Issued: 10/1/24
Bids Due: 2:00 P.M. on THURSDAY, OCTOBER 10, 2024
This Addendum is being issued to provide responses to questions and additional information. This addendum becomes part of the RFB 24-25-10 document and must be signed and submitted with proposal.

ITEM 1: QUESTIONS/RESPONSES
Q1 Does the City have the Geotech or historical reports available? Response: We do not.

Q2 Does all work need to occur during the daytime? Response: Yes Q3 What about temporary fencing? Response: We would recommend temporary fencing during the project. It would be at the Contractor’s expense.

Q4 Who is responsible for pulling permits? Response: The Contractor will need to obtain the a permit, but the City will pay the cost of the permit.

ITEM 2: CHANGES
A. Page 3 of the Bid Document, Time of Completion Deadline shall be revised to read:

The Entire project must be completed within forty-five (45) calendar days from the effective date of the Notice to Proceed.

B. Approved Equal: Attached to this Addendum are specifications from TrueBounce which have been submitted and reviewed by Staff. This product is considered as an approved equal for the basketball equipment.

Attached to this addendum
Specifications for TrueBounce equipment which has been authorized by City staff as an approved equal.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334 BIDDER to sign and submit with PROPOSAL
Firm: ____________________________ Date: ___________
By:

Bidder’s Signature
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Resurface Basketball Courts at Village Park RFB 24-25-10 Addendum #2 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-24-25-10

RESURFACE BASKETBALL COURTS AT VILLAGE PARK
ADDENDUM NO. 2
Issued: 10/8/24
Bids Due: 2:00 P.M. on THURSDAY, OCTOBER 10, 2024
This Addendum is being issued to provide responses to additional questions and additional information. This addendum becomes part of the RFB 24-25-10 document and must be signed and submitted with proposal.

ITEM 1: QUESTIONS/RESPONSES
Q1 I have a question regarding the stripping proposal. The diagram indicates dimensions of 94 feet long by 50 feet wide. However, when we visited the site today, the measurements for both existing basketball courts were 69 feet long by 81 feet wide. Therefore, the stripping diagram will not fit both basketball courts.

I would like to understand the direction the city intends to take on this matter.

Response: Please bid as specified in the bid document.

Q2 Also, according to the specifications, it states "Class B, General Engineering." However, there is no "Class B, General Engineering." There is a "Class B General Building Contractor." Did you mean "Class A - General Engineering Contractor"? Response: It appears that is a typographical error and should read:
minimum of a Class B, General Contractor’s License or a combination of Class C licenses to complete all aspects of the work.

END OF ADDENDUM NO. 1
/s/ Purchasing Division
(559) 713-4334 BIDDER to sign and submit with PROPOSAL
Firm: ____________________________ Date: ___________
By:

Bidder’s Signature
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Resurface Basketball Courts at Village Park RFB 24-25-10 Addendum #3 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-24-25-10

RESURFACE BASKETBALL COURTS AT VILLAGE PARK
ADDENDUM NO. 3
Issued: 10/9/24
Bids Due: 2:00 P.M. on MONDAY, OCTOBER 14, 2024
This Addendum is being issued to extend the bid submittal deadline and provide additional information. This addendum becomes part of the RFB 24-25-10 document and must be signed and submitted with proposal.

ITEM 1: BID DEADLINE EXTENSION
The deadline for submitting a bid in response to this RFB has been extended. Bids are due no later than:
2:00 P.M. on Monday, October 14, 2024
ITEM 2: QUESTIONS/RESPONSES
Q1 Is it possible to bid this project as prime with a Class A General Engineering Lic? Response: Yes, this project can also be bid with a Class A General Engineering License.

To clarify, Bids will be accepted from Bidders with a Class A, General Engineering License, a Class B, General Contractor’s License, or a bidder who holds a combination of Class C licenses to perform all aspects of the work.

END OF ADDENDUM NO. 3
/s/ Purchasing Division
(559) 713-4334 BIDDER to sign and submit with PROPOSAL
Firm: ____________________________ Date: ___________
By:

Bidder’s Signature
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Village Park Basketball Site Map
Basketball
Courts
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0480 Agenda Date: 11/18/2024 Agenda #: 14.

Agenda Item Wording:

Award a contract to supply, deliver, and replace siloxane removal media - Authorize the City Manager to award an annual sole source contract to Unison Solutions to supply, deliver, and replace granular media used for the removal of siloxane compounds created from bio-gas produced at the City’s Water Reclamation Facility (WRF), not to exceed $245,000 per year, with an option to renew annually up to four 1-year terms, totaling no more than $1,225,000 over the life of the contract; and appropriate an additional $125,000 for FY24/25 and $125,000 for FY 25/26 from the WRF Fund.

Deadline for Action: 11/18/2024
Submitting Department: Public Works
Contact Name and Phone Number:

Ben Litwack, Public Works Manager, (559)713-4671, [email protected] < mailto:[email protected]>
Nick Bartsch, Public Works Director, (559)713-4052, [email protected] Department Recommendation:

Staff recommends that Council authorize the City Manager to award an annual sole source contract to Unison Solutions to supply, deliver, and replace granular media used for the removal of siloxane compounds created from bio-gas produced at the City’s Water Reclamation Facility (WRF), not to exceed $245,000 per year, with an option to renew annually up to four 1-year terms, totaling no more than $1,225,000 over the life of the contract; and appropriate an additional $125,000 for FY24/25 and $125,000 for FY 25/26 from the WRF Fund (431).

Background Discussion:

The Water Reclamation Facility (WRF) upgrades in 2017 originally included the installation of a Renewable Power Generation System (RPGS) to generate power. The plans were initially approved by the San Joaquin Valley Air Pollution Control District. Unfortunately, a combination of regulatory hurdles, delays with contractors, and delays in coordination efforts with the local electrical utility have deferred commissioning of the RPGS for several years. As a result, most of the 5-year contracts established during the construction of the RPGS have since expired and, now that the start-up of the system is nearing, need to be re-established.

Anaerobic digestion is utilized as a part of the treatment process at the WRF. A by-product of anaerobic digestion is renewable bio-gas. Bio-gas can be used as a fuel source as it has a fuel content of about 65% of that of natural gas. Bio-gas at the WRF will be used to fuel the RPGS, which produces electricity that will be used at the WRF to reduce the amount of power that must be purchased from the local electrical provider.

Bio-gas naturally contains various impurities, including siloxane compounds. Siloxanes are Visalia City Council Page 1 of 3 Printed on 11/14/2024
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File #: 24-0480 Agenda Date: 11/18/2024 Agenda #: 14.
ubiquitous and are generally considered harmless to human health and to the environment. However, at high temperatures, such as those found in internal combustion engines, siloxanes are converted to silicon dioxide, or sand. The sand will deposit within the engine and eventually cause reduced efficiency, increased operating costs, and failure.

In order to protect the RPGS, the siloxane concentration in the bio-gas must be reduced to less than 100 parts per billion (ppb). Unison Solutions is the manufacturer of the siloxane removal system utilized at the WRF and is the sole provider of the removal media. During project design, laboratory tests were conducted on the WRF’s bio-gas to determine the media that would be most effective for the City. As a result, the system was designed and sized based on the use of the specific siloxane removal media produced by Unison Solutions. The use of any other siloxane removal media would require extensive testing and redesigning of the current bio-gas treatment system.

Fiscal Impact:

Unison’s quoted price is $110,387.80 for two vessels. The media will need to be replaced in all four vessels annually, requiring two changeouts per year for a total of $220,775.60. Staff are requesting $245,000 to cover incidental variances in freight costs and anticipated inflation costs.

Annually, $265,000 is budgeted within Capital Improvement Project CP0440 (Anaerobic Digester Gas Cleaning) from the WRF Fund (431) to cover these types of expenses. Due to the significant increase in costs over these last several years, we will need to appropriate additional WRF Funds in the amount of $125,000 for fiscal year 24/25 and $125,000 for fiscal year 25/26. This will bring the total CIP Budget to $390,000 annually.

The funds under this project will be utilized for three contracts, all related to anaerobic digester gas treatment. In addition to this contract, Council has approved a contract with Schlumberger Purification Solutions for supplying hydrogen sulfide removal media and staff is currently in the process of securing a contract with Carbon Activated, Inc. to perform the changeout and replacement service for the hydrogen sulfide media.

Prior Council Action: 05/06/2019 - Council granted authorization to award an annual sole source contract to Unison Solutions with the option to renew up to four consecutive one-year terms.

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

I move to authorize the City Manager to award an annual sole source contract to Unison Solutions to supply, deliver, and replace granular media used for the removal of siloxane compounds created from bio-gas produced at the City’s Water Reclamation Facility (WRF), not to exceed $245,000 per year, with an option to renew annually up to four 1-year terms, totaling no more than $1,225,000 over the life of the contract; and appropriate an additional $125,000 for FY24/25 and $125,000 for FY 25/26 from the WRF Fund.

Environmental Assessment Status: N/A
Visalia City Council Page 2 of 3 Printed on 11/14/2024
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File #: 24-0480 Agenda Date: 11/18/2024 Agenda #: 14.

CEQA Review: N/A
Attachments:

Levine Act
PM-424.2007.1 Visalia_Siloxane Media-Change Out Services_2024 PM-424.2007.2_Visalia w sole source info
Visalia City Council Page 3 of 3 Printed on 11/14/2024
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5451 Chavenelle Road, Dubuque, Iowa 52002 ◼ [O] 563.585.0967 [F] 563.585.0970 ◼ www.unisonsolutions.com Leaders in Biogas Technology
October 30, 2024
Visalia WRF, Attn: Ben Litwack
PM-424.2007.1: Siloxane/VOC media change-out services
Dear Ben,
Unison Solutions, Inc. is pleased to provide you with this proposal for spent siloxane/VOC media removal for the City of Visalia biogas conditioning system. This proposal includes siloxane/VOC media change out services only, spent media transportation and disposal to be by others. Please refer to quote PM-424.2007 for information on new replacement media.

SILOXANE/VOC REMOVAL MEDIA CHANGE OUT SERVICES
Includes the following:
• New media must be at the site, ready for the change-out services on scheduled dates. • Assumes no changes to current site conditions and easy access to the vessels • Removal of spent media from 2 – Siloxane /VOC removal vessels, 17,600 lb total • Loading of new media into 2 – Siloxane/VOC removal vessels • Confirmation of tight seals with an air monitor.
• Nitrogen purge after filling new media
• Meeting prevailing wage criteria for the state of California, contractor DIR registration number 1000009862.

SITE RESPONSIBILITIES
• Isolating vessels
• Stopping and restarting the system

PRICING SUMMARY
Included in pricing is transportation of personnel to/from site, removal of spent media and loading of new material, ____________$25,900 /change
Note that the siloxane removal media may be eligible for recycling. To determine this, a spent media sample would need to be provided 4 weeks prior to the change out for testing. If the waste profile is determined acceptable for recycling, the spent media will be removed from site immediately after the change out has been completed. The recycled material then becomes the property of the recycler for use in other applications. Spent media testing__________$350.00/sample If the media is not tested for recycling, the owner is responsible for all testing, disposal, and transportation costs. 699
5451 Chavenelle Road, Dubuque, Iowa 52002 ◼ [O] 563.585.0967 [F] 563.585.0970 ◼ www.unisonsolutions.com Leaders in Biogas Technology
Terms – Net 30, Prices do not reflect any taxes that may be applicable and are valid for 30 days.

Thank you for the opportunity to offer our services. Please feel free to contact me if you have any questions or concerns.

Sincerely,
Kim Murdock-Timmerman, Unison Solutions Inc.
700
ĞƐĐƌŝƉƟŽŶ YƵĂŶƚŝƚLJ Unit Cost Total
MEDIA: PRICING SUMMARY
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Sincerely,
hŶŝƐŽŶ^ŽůƵƟŽŶƐ͕/ŶĐ͘
563-585-0967
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Grand Total͗
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ƩŶ͗ Proposal Name:
>ŽĐĂƟŽŶ͗
Dear
Unison SoluƟons, Inc. is pleased to provide you with the following quote Date: 11/04/2024
12/02/2024
Ben Litwack
Visalia WRF, Visalia, CA 93277
PM-424.2007.2
Siloxane/VOC removal media
per your request for siloxane/VOC removal
media for 2 vessels.

Unison Part Number UNI-CL2V 17,600.00 lbs. $ 4.30 /lb. $ 75,680.00 Packaged in 1100 lb bulk bags, 2/pallet

Estimated Shipping 1.00 $ 2,025.00 each $ 2,025.00

Sales tax, 8.5% (Product only, not applicable for shipping 1.00 $ 6,432.80 $ 6,432.80 or labor)

$ 84,137.80 All costs noted above for shipping are estimates only. Actual cost of shipping will be determined at time of shipment.
- 100% upon order acceptance. Net 30 days on all payments.

Kim Murdock-Timmerman
Ben,
30 days.
701
5451 Chavenelle Road, Dubuque, Iowa 52002 ◼ [O] 563.585.0967 [F] 563.585.0970 ◼ www.unisonsolutions.com Leaders in Biogas Technology
August 5, 2024
Re: Part numbers UNI-CC5V, UNI-CVOC, UNI-Z100, UNI-CL15E, UNI-CL2E, UNI-CL15V, UNI-CL2V, UNI-CL15X, UNI-CL2X, UNI-CL3X, UNI-CL3E and UNI-CL3V
To whom it may concern:

This letter is to confirm that siloxane removal media is a sole source product, sold and distributed exclusively by Unison Solutions, Inc. to meet the requirements of their biogas conditioning system. This product must be purchased directly by institutions from Unison Solutions, Inc. at the following address:

Unison Solutions, Inc.
5451 Chavenelle Rd.

Dubuque, IA 52002
If you desire additional information, please feel free to contact me at 563-585-0967 or visit our website at www.unisonsolutions.com. Thank you for your interest in our products.

Sincerely,
Kim Murdock-Timmerman, Service manager
Unison Solutions, Inc.
702
703
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 24-0481 Agenda Date: 11/18/2024 Agenda #: 15.

Agenda Item Wording:

Fire Department Grant Application Authorization - Authorize staff to apply for the 2025 State Homeland Security Grant Program (SHSGP) for the purchase of one set of battery powered extrication tools in the amount of $63,643.39, to accept the grant, and to appropriate $63,643.39 if the grant is awarded.

Deadline for Action: 11/18/2024
Submitting Department: Fire Department
Contact Name and Phone Number: Dan Griswold, x4220; Tom VanGrouw, x4265; Crissy Balderama, x4513
Department Recommendation:

Staff recommends City Council authorize personnel to apply for the 2025 State Homeland Security Grant Program (SHSGP) for the purchase of one set of battery powered extrication tools in the amount of $63,643.39. Staff also recommends Council authorize staff to accept the grant and appropriate funds if awarded.

Background Discussion:

As a result of the 2001 terrorist attacks on the United States, the State of California, and the Department of Homeland Security developed programs to assist government agencies with emergency preparedness activities and/or equipment. Since 2001, Tulare County Office of Emergency Services has been the intermediate recipient of these funds, disbursing them to cities and other agencies based upon agency and area needs. One of these programs is the State Homeland Security Grant Program. The grant is submitted and managed by the Tulare County Office of Emergency Services. If the grant is awarded to the County, the County disburses funding among local agencies based upon needs in the operational area.

The Fire Department carries extrication tools on both fire engines and aerial apparatus. Fire engines carry a smaller combination tool that combines the customary spreader and cutter in one tool. Over the past few years, the department has successfully replaced older hydraulic units with gasoline powerplants from the engines with battery operated versions. Old tools were replaced through grant funding and CIP. Battery-operated tools require less maintenance, are lighter in weight, are more maneuverable and therefore are becoming the standard for fire service extrication tools. Rather than requiring personnel to start a gas-powered power plant, hook up hydraulic hoses to both the plant and the tools, evaluate if your hoses will reach from the fire truck to the damaged vehicle, and then begin efforts to remove victims, fire personnel simply grab the tool from the truck and take it to the seen for immediate work and regardless of the distance from the truck to the incident.

Where fire engines carry combination extrication tools, the fire department’s aerial apparatus carry Visalia City Council Page 1 of 2 Printed on 11/12/2024
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File #: 24-0481 Agenda Date: 11/18/2024 Agenda #: 15.
heavy-duty extrication tools with greater spreading, cutting, and lifting capacity. These heavy-duty tools are carried on the aerial apparatus because the aerial apparatus carry rescue equipment and respond to vehicle accidents, vehicles into structure incidents, and other collapse/entrapment type calls where additional people and equipment are required. Rather than being a combination spreader/cutter in one tool, the heavy-duty tools are a separate cutter and spreader allowing both tools to be used at once. The current extrication tools are also powered by a gasoline powerplant using hydraulic fluid through hoses to the tools.

State Homeland Security Grant funding, if awarded, would get the Fire Department closer to the finish line for the replacement of antiquated tools on fire apparatus.

Fiscal Impact:

Staff is requesting to appropriate $63,643.39 from the General Fund to purchase one set of battery powered extrication tools if the grant is awarded. This amount will be reimbursed by State Office of Homeland Security and Tulare County Office of Emergency Services (OES).

Prior Council Action: N/A
Other: N/A
Alternatives: Deny the request to apply for the 2025 State Homeland Security Grant Program and consider this project during a future capital improvement program budget.

Recommended Motion (and Alternative Motions if expected):

I move to authorize personnel to apply for the 2025 State Homeland Security Grant Program for the purchase of one set of battery powered extrication tools in the amount of $63,643.39, authorize staff to accept the grant and appropriate $63,643.39 if awarded.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: 1. State Homeland Security Grant Program Notice of Funding Opportunity.

Visalia City Council Page 2 of 2 Printed on 11/12/2024
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The U. S. Department of Homeland
Security (DHS) Notice of Funding
Opportunity (NOFO) Fiscal Year 2024
Homeland Security Grant Program
Release Date: Apr 16, 2024
Download a PDF Copy of this web page.

All entities wishing to do business with the federal government must have a unique entity identifier (UEI). The UEI number is issued by the system.

Requesting a UEI using System for Award Management (SAM.gov) can be found at: https://sam.gov/content/entity-registration">.

Updates in Grant Application Forms:

The Data Universal Numbering System (DUNS) Number was replaced by a new, non-proprietary identifier requested in, and assigned by SAM.gov. This new identifier is the Unique Entity Identifier.

Additional Information can be found on Grants.gov:
https://www.grants.gov/forms/forms-development/planned-uei-updates Table of Contents
Updates in Grant Application Forms
A. Program Description.

1. Issued By

2. Assistance Listings Number