(1) Submit, for our approval, all proposed work plans prior to submittal to any regulatory agency or duly licensed scientist or engineer authorized by law to oversee the investigation and clean-up of a pollution incident;
(2) Submit, for our approval, any bid or contract regarding any investigation, removal, response or cleanup action or activity prior to the submission, execution, or issuance of such bid or contract; and (3) Forward progress reports in connection with any investigation, removal, response, or clean-up action or activity at reasonable intervals and always prior to submitting such reports to any regulatory agency or duly licensed scientist or engineer that is authorized by law to review and approve such reports.
This paragraph f. does not apply to any investigation, removal, response, or clean-up action or activity for which you are entitled to recover emergency response expense under this policy. g. If we are prohibited under applicable law from investigating, defending or settling any such claim, the insured shall, under our supervision, arrange for such investigation and defense thereof as is reasonably necessary, and subject to our prior authorization, shall effect such settlement thereof. h. We have the right, but not the duty, to assume direct control of any clean-up, investigation, abatement, containment, treatment, removal, remediation, monitoring, or disposal activities to which this insurance applies. In the event we exercise such right, all amounts we incur which are loss, clean-up costs or emergency response expense, or any other amounts for which coverage may be afforded under this policy will reduce the applicable Deductible and Limit of Insurance according to SECTION III - LIMITS OF INSURANCE.
7. Economic and Trade Sanctions
If affording insurance under this Policy would be in violation of any United States of America economic or trade sanctions, including but not limited to, sanctions administered and enforced by the United States Treasury Department's Office of Foreign Assets Control (“OFAC”), then such insurance will be null and void.
8. Extended Reporting Periods – Coverages E - NON-OWNED LOCATION POLLUTION LIABILITY only, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY If this policy is canceled by the first Named Insured shown in Item 1. of the Declarations or not renewed, and such first Named Insured has not purchased or obtained other insurance to replace the insurance afforded by this policy, the following provisions apply under Coverages E - NON-OWNED LOCATION POLLUTION LIABILITY only, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY:
a. Automatic Extended Reporting Period
The insured is entitled to a ninety (90) day Automatic Extended Reporting Period, commencing on the date and at the time that the policy period ends. When the insured is entitled to the ninety (90) day Automatic Extended Reporting Period, the insured has the right to report to us, in writing, during this ninety (90) day Automatic Extended Reporting Period:
(1) A claim first made against the insured during the policy period; or (2) A claim first made against the insured during the ninety (90) day Automatic Extended Reporting Period, if such claim results from: (i) under SECTION I – COVERAGES, COVERAGE E - NON-OWNED LOCATION POLLUTION LIABILITY only, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY: a pollution incident first discovered and reported to us, in writing, during the policy period; or (ii) under SECTION I – COVERAGES, COVERAGE G - PROFESSIONAL LIABILITY: an act, error, or omission in the rendering or failure to render professional services first discovered and reported to us, in writing during the policy period.
When the ninety (90) day Automatic Extended Reporting Period applies, a claim reported to us, in writing, during this ninety (90) day period will be deemed to have been made on the last day of the policy period. b. Optional Extended Reporting Period
(1) The first Named Insured shown in Item 1. of the Declarations shall be entitled to purchase an Optional Extended Reporting Period of up to thirty-six (36) months, commencing on the date and at the time the policy period ends, provided that:
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(a) Within thirty (30) days of such cancellation or non-renewal, we receive written notice from such first Named Insured of its election to purchase an Optional Extended Reporting Period for a specific period of not more than thirty-six (36) months; and
(b) Such first Named Insured pays, prior to the commencement of the Optional Extended Reporting Period and in accordance with our payment terms, the additional premium charged by us, and upon payment, we will issue an endorsement providing for such Optional Extended Reporting Period. (2) The additional premium charged for the Optional Extended Reporting Period will not be more than two hundred (200%) percent of the total policy premium.
(3) When such first Named Insured is entitled to and purchases the Optional Extended Reporting Period, the insured has the right to report to us, in writing, during the specified Optional Extended Reporting Period, a claim first made against the insured during such Optional Extended Reporting Period, provided the claim results from a pollution incident or act, error or omission in the rendering or failure to render professional services first discovered and reported to us, in writing, during the policy period. Any claim so reported will be deemed to have been made on the last day of the policy period. c. If the Optional Extended Reporting Period is purchased by such first Named Insured in accordance with the preceding paragraphs, the Automatic Extended Reporting Period becomes a part of and is not in addition to, the purchased Optional Extended Reporting Period. d. When applicable, the Automatic Extended Reporting Period and Optional Extended Reporting Period do not operate to increase any limit of insurance under this policy, extend the policy period or change the scope of coverage provided.
e. For the purpose of this section, the quotation of different terms and conditions by us shall not be construed as a non-renewal of this policy.
9. Headings
The descriptions in the headings and sub-headings of this Policy are inserted solely for convenience and do not constitute any part of the terms or conditions of this Policy
10. Independent Counsel
In the event the insured is entitled by law to select independent counsel, the attorneys’ fees and all other litigation expenses we must pay to that counsel are limited to the rates we actually pay to counsel we retain in the ordinary course of business in the defense of similar claims or suits in the community where the claim or suit arose or is being defended.
Additionally, we may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency including experience in defending claims or suits similar to the one pending against the insured, and to require such counsel have errors and omissions insurance coverage. As respect any such counsel, the insured agrees that counsel will timely respond to our requests for information regarding the claim or suit.
Furthermore, the insured may at any time, by the insured’s signed consent, freely and fully waive the right, if any, to select independent counsel.
11. Inspections and Surveys
a. At any time during normal business hours with reasonable advance written notice, we have the right to:
(1) Make inspections and surveys of and monitor and audit books, records, services, proper ties, and activities as far as they relate to the subject matter of this Policy; (2) Give you reports on the conditions we find; and
(3) Recommend changes.
b. We are not obligated to make any inspections, surveys, reports, or recommendations, and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public and we do not warrant that conditions:
(1) Are safe or healthful; or
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(2) Comply with laws, regulations, codes, or standards.
This applies not only to us but also to any rating, advisory, rate service, or similar organization which makes insurance inspections, surveys, reports, or recommendations. c. We may modify, amend or delete any of the terms and conditions of this Policy, including the right to charge additional premium and the right to cancel, rescind or void this Policy, if any inspection or survey reveals any material risk, hazard or condition that was not previously disclosed by you in the Application or supplemental materials, or which deviates from the information disclosed in the Application or supplemental materials.
12. Multiple Coverages
A claim or suit, or part thereof, for which we have accepted coverage or coverage has been alleged or held to apply under one insuring agreement in this policy shall not be covered under any other insuring agreement in this policy.
13. Legal Action Against Us
No person or organization has a right under this Policy:
a. To join us as a party or otherwise bring us into a suit asking for damages or loss from an insured; or b. To sue us on this Policy unless there has been full compliance with all of its terms.
A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages or loss that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured, and the claimant or the claimant's legal representative.
14. Notice of Possible Claim Under SECTION I – COVERAGES, COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, AND COVERAGE G – PROFESSIONAL LIABILITY a. If during the policy period, the responsible manager first becomes aware of a possible claim under SECTION I – COVERAGES, COVERAGE F– SCHEDULED LOCATION POLLUTION LIABILITY, and COVERAGE G – PROFESSIONAL LIABILITY, the responsible manager must provide written notice to us during the policy period containing all the information required under paragraph b. below. Any possible claim that subsequently becomes a claim made against you and reported to us within five (5) years after the end of the policy period of this Policy or any continuous, uninterrupted renewal thereof shall be deemed to have been first made and reported during the policy period of this policy. Such claim shall be subject to the terms, conditions, and limits of coverage of the policy under which the possible claim was reported. b. It is a condition precedent to the coverage afforded by this Policy that written notice under paragraph a. above, contains all of the following information:
(1) The cause of the pollution incident or act, error, or omission in the performance of professional services;
(2) The scheduled location where the pollution incident took place or the location where the act, error, or omission took place;
(3) The bodily injury, property damage, environmental damage, emergency response expense, professional damages, or mitigation expense which has resulted or may result from such pollution incident or act, error or omission in the rendering or failure to render professional services; (4) The insured(s) which may be subject to the claim and any potential claimant(s); (5) All engineering information available on the pollution incident or act, error, or omission in the rendering or failure to render professional services, and any other information that we deem reasonably necessary; and
(6) The date and circumstances by which the insured first became aware of the possible claim.
15. Other Insurance
If other valid and collectible insurance is available to the insured for any injury, damage, loss, cost, or expense we cover under this Policy, our obligations are limited as follows:
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a. Primary Insurance
This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph c. below. However, in the event that a written contract, agreement, or permit requires this insurance to be primary for any person or organization with whom you agreed to insure in an insured contract, we will not seek contribution from any other insurance issued to such person or organization.
b. Excess Insurance
(1) This insurance is excess over:
(a) Any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Coverage, Builders’ Risk, Installation Risk, or similar coverage for your work;
(ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(iii) That is insurance purchased by you to cover your liability as a tenant for property damage to premises rented to you or temporarily occupied by you with permission of the owner; or (iv) If the damages or loss arises out of the maintenance or use of aircraft, autos, train, railcar or watercraft to the extent not subject to Exclusion g. of SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY; or
(v) With respect to SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY; or
(vi) That is a project-specific insurance policy, contractor-controlled insurance program, ownercontrolled insurance program, consolidated (wrap-up) insurance program, or any other similar insurance or program.
(b) Any other primary insurance available to you covering liability for damages or loss arising out of the premises or operations, or the products-completed operations hazard, for which you have been added as an additional insured.
(2) When this insurance is excess, we will have no duty under SECTION I – COVERAGES, COVERAGES A, B, D, E, F, or G to defend the insured against any claim or suit if any other insurer has a duty to defend the insured against that claim or suit. If no other insurer defends, we will undertake to do so under COVERAGES A or B, but we will be entitled to the insured’s rights against all other insurers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the damages, loss, or professional damages or any other amounts provided insurance under the policy, if any, that exceeds the sum of:
(a) The total amount that all such other insurance would pay for the damages, loss, professional damages, or any other amounts provided insurance under the policy in the absence of this insurance; and
(b) The total of all deductible and self-insured amounts under all the other insurance. (4) We will share the remaining damages, loss, professional damages or any other amounts provided insurance under the policy, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limit of Insurance shown in the Declarations.
c. Method of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the damages or loss remains or the full amount of the damages has been paid, whichever comes first.
If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
16. Premiums and Deductible
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The first Named Insured shown in Item 1. of the Declarations:
a. Is responsible for the payment of all premiums;
b. Will be the payee for any return premiums we pay; and c. Is responsible for the payment of all Deductibles.
17. Representations
a. By accepting this policy, you agree:
(1) The statements and information in the Application and other supplemental materials submitted to us are accurate and complete and are material to our underwriting of this policy; (2) The statements and information provided are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Misrepresentation, concealment, breach of a term or condition, or violation of any duty under this Policy by one insured shall not prejudice the interest of coverage for another insured under this Policy. Provided, however, that this condition shall not apply to any insured who is a parent, subsidiary, or affiliate of the first Named Insured.
c. The unintentional failure by you or any insured to provide accurate and complete representations as of the inception of the policy will not prejudice the coverages afforded by this Policy.
18. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought.
19. Service of Suit
In the event of our failure to pay any amount claimed to be due hereunder, we, at the request of the insured, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel, Legal Department, Allied World National Assurance Company, 199 Water Street, 24th Floor, New York, New York 10038 or his or her representative, and that in any suit instituted against us upon this Policy, we will abide by the final decision of such court or of any appellate court in the event of an appeal.
Further, pursuant to any statute of any state, territory, or district of the United States which makes provision, therefore, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office as its true and lawful agent upon whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the insured or any beneficiary hereunder arising out of this Policy of insurance.
20. Transfer of Rights of Recovery Against Others to Us If the insured has the right to recover all or part of any payment we have made under this Policy, those rights are transferred to us. At our request, the insured will bring a suit or transfer those rights to us and help us enforce them. However, if the insured has waived rights of recovery against any person or organization in a written contract or agreement prior to the occurrence, pollution incident, or act, error or omission in the rendering of or failure to render professional services that are the subject of the claim or suit against the insured, we waive any right of recovery we may have under this Policy against such person or organization.
21. Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our prior written consent, which shall not be unreasonably withheld or delayed, except in the case of the death of an individual named insured.
If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having 336
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proper temporary custody of your property will have your rights and duties but only with respect to that property.
SECTION V – DEFINITIONS
1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods, products, or services for the purpose of attracting customers or supporters. For the purposes of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding websites, only that part of a website that is about your goods, products, or services for the purposes of attracting customers or supporters is considered an advertisement.
2. Auto means:
a. A land motor vehicle, trailer, or semitrailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.
However, auto does not include mobile equipment.
3. Bodily injury means physical injury, sickness, building-related illness, mental anguish, shock, or emotional distress, or disease sustained by a person, including death resulting from any of these.
4. Cargo means the insured’s goods, products, merchandise, supplies, or waste transported by the insured or by third-party carriers properly licensed to transport such goods, products, merchandise, supplies, or waste.
5. Claim means:
a. Under SECTION I – COVERAGES, COVERAGES A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY and B – PERSONAL AND ADVERTISING INJURY LIABILITY a demand received by the insured alleging liability or responsibility on the part of the insured; and b. Under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY, a demand seeking a remedy and alleging liability or responsibility on the part of the insured; and
c. Under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY, a demand seeking a remedy and alleging liability or responsibility on the part of the insured.
6. Claim expense under SECTION I – COVERAGES, COVERAGES E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F - SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY means reasonable and necessary fees and expenses authorized by us and incurred in the investigation and defense of a claim for any applicable bodily injury, property damage, environmental damage, or professional damages to which any of the coverage provided by this insurance applies. Claim expense does not include any fees for counsel retained by the insured without our written consent, any cost or charge incurred by the insured in assisting in the investigation or defense of a claim, including salaries and wages of the insured’s in-house counsel or other employee, or any mitigation expense.
7. Clean-up costs mean reasonable and necessary expenses (including restoration costs and legal expenses), incurred with our prior written consent, which consent shall not be unreasonably withheld or delayed, to investigate, abate, contain, treat, remove, remediate, monitor, or dispose of soil, surface water, groundwater or other contaminated media, but only:
a. To the extent required by environmental law; or
b. For those costs that have been incurred by the government or any political subdivision of the United States of America (including its territories and possessions), Puerto Rico, and Canada for which you are legally liable; or
c. With respect to Legionella pneumophilia and microbial matter, in the absence of a. or b. above, to the extent recommended by an environmental professional.
Clean-up costs do not include emergency response expense or costs, charges, or expenses for goods or services of an insured or its parent, subsidiary, or affiliate. 337
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8. Conveyance means any auto, railcar, train, watercraft, or aircraft. Conveyance does not include pipelines.
9. Coverage territory means:
a. Anywhere in the world, provided the insured’s responsibility to pay damages or loss for bodily injury, property damage or environmental damage, cleanup costs, emergency response expense, professional damages, or any other amount, injury, or damage for which coverage may be afforded under this policy is determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico, Canada or the Gulf of Mexico; or b. The United States of America (including its territories and possessions), Puerto Rico, Canada, or the Gulf of Mexico, if the insured’s responsibility to pay damages or loss for bodily injury, property damage or environmental damage, cleanup costs, emergency response expense, professional damages, or any other amount, injury or damage for which coverage may be afforded under this policy Is not determined in a suit on the merits in the United States of America (including its territories and possessions), Puerto Rico, Canada or the Gulf of Mexico
We assume no responsibility for furnishing certificates or evidence of insurance or bonds, and we will not be liable for any fine or penalty imposed on you for failing to comply with insurance laws.
10. Emergency response expense means reasonable and necessary costs, charges, or expenses which qualify as cleanup-costs incurred by you: (a) on an emergency basis, to remediate a pollution incident that is an imminent and substantial threat to human health or the environment; and (b) for the period of no more than seven (7) consecutive days beginning on the day that the pollution incident was first discovered. Such emergency response expense does not include any profit element of any insured.
11. Employee includes a leased worker and a temporary worker.
12. Environmental damage means contamination of the soil, soil vapor, the atmosphere, any watercourse or body of water (including groundwater) or plant or non-human animal life, buildings, or other structures that result in clean-up costs, and under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability and a. (4) Contractors Pollution Liability, and under COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, also that may result in emergency response expense.
13. Environmental law means any federal, state, provincial, municipal, or other local law, statute, ordinance, rule, guidance document, regulation, administrative order, and directive and all amendments thereto, including state voluntary clean-up or risk-based corrective action guidance, related to environmental damage.
14. Environmental professional means an individual approved and designated by us in writing who is duly certified or licensed in a recognized field of environmental science as required by a state board, a professional association, or both, who meet minimum qualifications, and who maintain specified levels of errors and omissions insurance coverage acceptable to us.
15. Executive officer means a person holding any of the officer positions created by your charter, constitution, by-laws, or any other similar governing document.
16. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be.
17. Impaired property means tangible property, other than your product or your work, that cannot be used or is less useful because:
a. It incorporates your product or your work that is known or thought to be defective, deficient, inadequate, or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment, or removal of your product or your work or your fulfilling the terms of the contract or agreement.
18. Insured contract means the following:
a. With regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and COVERAGE D – GENERAL POLLUTION LIABILITY, insured contract means:
(1) A contract for a lease of premises. However, that portion of the contract for a lease of premises excess of thirty (30) consecutive days that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract;
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(2) A sidetrack agreement;
(3) Any easement or license agreement;
(4) An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
(5) An elevator maintenance agreement;
(6) That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for bodily injury. property damage or environmental damage to a third person or organization, provided that such written agreement is signed by you prior to the discovery of the bodily injury, property damage or environmental damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
Paragraph (6) does not include that part of any contract or agreement:
(i) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(A) Preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (B) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
(ii) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (i) above and supervisory, inspection, architectural or engineering activities. b. With regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE E – TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, insured contract means that part of any written contract or agreement, that is scheduled as an Insured Contract by endorsement attached to the policy, under which you assume the tort liability of another party to pay for bodily injury, property damage, or environmental damage to a third person or organization, provided that such written contract or agreement is signed by you prior to the discovery of the bodily injury, property damage, or environmental damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.
19. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.
20. Loading or unloading means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto a conveyance; b. While it is in or on a conveyance; or
c. While it is being moved from a conveyance to the place where it is finally delivered; but loading or unloading does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the conveyance.
21. Loss means:
Solely with regard to the insurance afforded under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY and F – SCHEDULED LOCATION POLLUTION LIABILITY:
a. Monetary awards or settlements of compensatory damages for bodily injury, property damage, or environmental damage and where allowable by law, punitive, exemplary, or multiple damages, and civil fines, penalties, or assessments for bodily injury or property damage; b. Monetary judgments, award or settlement for medical monitoring costs and environmental monitoring costs, provided that such monitoring is the result of physical bodily injury for which you are determined to be legally liable;
c. Clean-up costs provided, however, that lossdoes not include clean-up costs with regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE F - SCHEDULED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements, a. Bodily Injury and Property Damage Liability; 339
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d. Claim Expense solely with regard to the insurance afforded under SECTION I – COVERAGES, COVERAGE E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY and FSCHEDULED LOCATION POLLUTION LIABILITY; and e. Emergency response expense solely with regard to the insurance afforded under SECTION I COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability and a. (4) Contractors Pollution Liability, and under COVERAGE F- SCHEDULED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements, b. OnSite Clean-up Costs Liability and c. Off-Site Clean-up Costs Liability.
22. Microbial matter means any organism of the kingdom Fungi including spores and mycotoxins released by such organism and Legionella pneumophilia, whether or not such microbial matter is living.
23. Misdelivery means the delivery of any cargo that is liquid product into a wrong receptacle or to a wrong address or the erroneous delivery of one liquid product for another.
24. Mitigation expense means the cost and expense incurred by the insured in connection with an act, error or omission in the rendering or failure to render professional services prior to claim made or suit brought against the insured:
a. That is deemed by us to be reasonable and necessary to prevent professional damages; and b. That reduce or avoid the insured’s potential liability to third parties for professional damages covered under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY of the Policy; and c. That includes, but is not limited to, third-party consultation regarding disputed design flaws, additional reviews and inspections, forensic analysis of designs, and any other costs to remedy the deficiency; and d. Which in our sole discretion will prevent a future claim or suit.
Mitigation expense does not include: overhead, markup, profit, consequential damages, or cost or expense incurred by the insured for materials supplied or services performed by the insured, unless such costs, charges, or expenses are incurred with our prior written consent.
25. Mobile equipment means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts, and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted:
(1) Power cranes, shovels, loaders, diggers, or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers, or rollers; e. Vehicles not described in Paragraphs a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraphs a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.
However, self-propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos:
(1) Equipment designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
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(3) Air compressors, pumps, and generators, including spraying, welding, building cleaning, geophysical exploration, lighting, and well servicing equipment.
However, mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos.
26. Natural resource damage means physical injury to or destruction of, including the resulting loss of value of, land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act [16 U.S.C. 1801 et seq.]), any state, local or provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of a Native American tribe.
27. Non-owned location means:
a. Any location that is scheduled in a Non-Owned Locations endorsement attached to this policy; or b. For any location other than a location scheduled in a Non-Owned Locations endorsement attached to this policy, non–owned location means any location:
(1) That is situated within the United States of America (its territories or possessions) or Canada; (2) That was not at any time owned, occupied, operated, managed, or leased by an insured or an affiliate of an insured;
And provided further, for each location described in paragraphs a. and b. above, such location must also be either:
(1) A location or warehouse utilized for the storage or distribution of your goods or your product for a period not exceeding ninety (90) consecutive days and is not a location of a purchaser or user of your product; or
(2) A treatment, storage, or disposal facility utilized by or on behalf of you for waste or recyclable material generated from work or operations on or at a time-element location or scheduled location, from your work, or from your product provided that:
(a) Such location is properly licensed to accept and dispose of such waste or recyclable materials and is in compliance with all applicable environmental law at the time such waste or recyclable materials were sent to such location; and
(b) Prior to the latter of the time waste or recyclable material was first sent to such location by the insured or on their behalf, and on the first day of the policy period, such location or any part thereof, was not subject to:
(i) A Federal information request under Section 104 (e) of the Comprehensive, Environmental Response Compensation and Liability Act or Section 3007 (a) of the Resource Conservation and Recovery Act, or a state or local equivalent request; (ii) A consent order, consent decree, or corrective action under environmental law, (iii) Being listed or proposed to be listed on the federal National Priorities List (NPL) or any state or local equivalent;
(iv) Current or pending remedial activities required by the laws of Canada or the Province of such location, if the location is situated in Canada; and
(iv) Bankruptcy or financial insolvency and is not owned or operated by a bankrupt or financially insolvent person or entity.
28. Occurrence means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.
29. Personal and advertising injury means injury, including consequential bodily injury, arising out of one or more of the following offenses:
a. False arrest, detention, or imprisonment;
b. Malicious prosecution;
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c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling, or premises that a person occupies, committed by or on behalf of its owner, landlord, or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products, or services; e. Oral or written publication, in any manner, of material that violates a person's right to privacy; f. The use of another's advertising idea in your advertisement; or g. Infringing upon another's copyright, trade dress, or slogan in your advertisement.
30. Policy Period means the period of time stated in Item 2. of the Declarations however, if the policy is canceled in accordance with SECTION IV – CONDITIONS, 3. Cancellation, the policy period ends on the effective date of such cancellation.
31. Pollutants mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, hazardous substances, petroleum hydrocarbons, low-level radioactive material and waste, medical or infectious or pathological waste, waste materials, electromagnetic fields, Legionella pneumophilia, and microbial matter.
32. Pollution incident means:
a. The discharge, emission, seepage, migration, dispersal, release, or escape of any pollutants into or upon the land, or any structure on land, the atmosphere including indoor air, or any watercourse or body of water including groundwater, provided such conditions are not naturally present in the environment in the concentration or amounts discovered;
b. The presence of microbial matter on, at, or within buildings or structures; and c. The presence of pollutants, whether contained or uncontained, that have been illegally disposed of or abandoned at a time-element location or scheduled location, by parties other than an insured, provided such disposal or abandonment is unknown to any insured.
33. Possible claim means:
a. under SECTION I – COVERAGES, COVERAGE F- SCHEDULED LOCATION POLLUTION LIABILITY: a pollution incident that you first discover during the policy period that you reasonably expect may result in a claim; or
b. under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY: an act, error, or omission in the rendering or the failure to render professional services that you first discover during the policy period that you reasonably expect may result in a claim.
34. Products-completed operations hazard:
a. Includes all bodily injury, property damage, or environmental damage occurring away from premises you own or rent and arising out of your product or your work except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, your work will be deemed completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed; (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site;
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.
Work that may need service, maintenance, correction, repair, or replacement, but which is otherwise complete, will be treated as completed.
b. Does not include bodily injury, property damage, or environmental damage arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the loading or unloading of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment, or abandoned or unused materials.
35. Professional damages means:
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a. Monetary judgment, awards, or settlement of compensatory damages; b. Punitive, exemplary, or multiplied damages for which the insured is legally liable but only where insurance coverage for such fines and penalties is allowable by law; c. Civil fines or penalties assessed against a third party other than the insured for which the insured is legally liable but only where insurance coverage for such fines and penalties is allowable by law; d. Civil fines or penalties assessed against the insured but only where insurance coverage for such fines and penalties is allowable by law; and
e. Claim expense associated with items a. through d. above.
Professional damages does not include: (1) Injunctive or equitable relief; (2) The return or offset of fees charges, or commissions for services rendered or contracted to be provided; (3) Costs and expenses incurred by the insured to redo, change, supplement or fix the insured’s work or services, including redesign; (4) Any of the insured’s overhead, mark-up or profit; (5) Consequential damages; or (6) Liquidated damages.
36. Professional services means those services and activities performed for a fee by you or those acting on your behalf, including but not limited to, architect, engineer, consultant, inspector, technician and surveyor services that you or those acting on your behalf are qualified to perform for others and consistent with your corporate statements of professional qualifications or specifically defined by endorsement attached to the policy.
Professional services include ordinary technology services provided for others in the course of rendering professional services described above. Such technology services include the design, development, programming, analysis, training, use, hosting, management, support, and maintenance of any building information management, software, database, internet service, or website including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
37. Property damage means:
a. Physical injury to or destruction of tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it. Under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY, this paragraph a., includes the diminished value of the tangible property that is physically injured;
b. Loss of use of tangible property that is not physically injured or destroyed arising out of physical injury to or destruction of other tangible property. All such loss of use shall be deemed to occur at the time of the applicable occurrence, pollution incident or act, error or omission in the rendering or failure to render professional services that caused it; and
c. Under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E– TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY, property damage includes natural resource damage.
Property damage does not include environmental damage.
For the purposes of this insurance, electronic data is not tangible property.
As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment.
38. Responsible manager means you, your manager or supervisor responsible for environmental affairs, control or compliance, or any other employee authorized by you to give or receive notice of a pollution incident or claim.
39. Restoration costs mean reasonable and necessary expenses incurred by you with our written consent to repair or replace damaged real or personal property when such damage occurs because of clean-up costs to which this insurance applies. Restoration costs shall not exceed the replacement cost of such real or personal property. If repair or replacement results in kind or quality exceeding that of the real or personal property before it was damaged, whether at your option or not, we will not pay for the amount of the betterment. 343
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40. Retroactive date means the date indicated in ITEM 5. of the Declarations or on an endorsement attached to this policy, if any, applicable to a specified coverage. If the term “NONE” appears with respect to a retroactive date then a retroactive date shall not be applicable. If no entry appears, then the retroactive date is the first day of the policy period.
41. Scheduled location means a location listed on the Scheduled Locations endorsement attached to this Policy.
42. Suit means a civil proceeding in which damages or loss because of bodily injury, property damage, personal and advertising injury, or environmental damage to which this insurance applies are alleged or in which professional damages because of an act, error, or omission in the rendering or failure to render professional services are alleged. Suit includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.
43. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short-term workload conditions.
44. Time-element location means a location that is:
a. Owned or occupied by or rented or leased to you;
b. Not also considered a non-owned location or scheduled location; and provided that coverage for environmental damage is only afforded for a time-element location situated within the United States of America (its territories or possessions) or Canada.
45. Transportation means the movement of cargo beyond the boundaries of a location owned or occupied by or rented, or leased to you, including loading or unloading of cargo in a conveyance by the insured or a thirdparty carrier properly licensed to transport such cargo from the time of movement from the point of origin until delivery to the final destination. Transportation includes the movement, including loading or unloading, of cargo into, onto, or from a conveyance but no longer applies when the cargo is off-loaded from the conveyance.
46. Underground storage tank means any tank that has at least ten (10) percent of its volume below ground at the inception of the policy period, or installed thereafter including associated underground piping connected to the tank. An underground storage tank does not include a storage tank situated in an underground structure (such as a basement, cellar, mine shaft, or tunnel) if such storage tank is situated upon or above the surface of the floor and the entire surface areas of the tank can be visually inspected.
47. Volunteer worker means a person who is not your employee, who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary, or other compensation by you or anyone else for their work performed for you.
48. Your product:
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed, or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts, or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance, or use of your product; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.
49. Your work:
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a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts, or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of your work; and
(2) The providing of or failure to provide warnings or instructions. 345
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Endorsement No: 15
This endorsement, effective: November 30, 2024
(at 12:01 A.M. standard time at the address of the Named Insured as shown in Item 1. of the Declarations)
forms a part of Policy No: 0311-5936
Issued to: Holloway Environmental, LLC
by: Allied World National Assurance Company
PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE CONDITION
SCHEDULE
Name of Additional Insured Person(s) or Organization(s) Any organization whom you have agreed to include as an additional insured under a fully executed written contract or written agreement, provided that such was executed prior to an "occurrence", loss, injury or damage.
Solely with respect to the insurance afforded under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, it is agreed that the following is added to SECTION IV – CONDITIONS, 15. Other Insurance:
Primary and Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured shown in the Schedule under your policy provided that:
(1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured.
All other terms and conditions of this policy remain unchanged.
By:
Joseph Cellura
Title: President, North American Casualty Division
Date: January 3, 3024
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CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:__X___. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Answering YES to the question above does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award.
If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. ________________________________________________ __07/22/2025__ Signature of Authorized Individual Date
_Jeremy Bowman__________________________________
Printed or Typed Name of Authorized Individual
__Holloway Environmental Solutions ___________________
Print or Type Name of Company
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CONTRACT FOR DISPOSAL OF BIOSOLIDS GENERATED AT THE
VISALIA WATER RECLAMATION FACILITY
This Agreement, entered into and effective this day of , 2025 ["Effective Date"], by and between the City of Visalia, hereinafter referred to as the "CITY", and Holloway Environmental Solutions, LLC hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT".
RECITALS
WHEREAS, CONTRACTOR is an LLC with a primary business address of 5060 California Ave. Suite 710, Bakersfield, CA 93309 and SSN or EIN: 82-0860017; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires to enter into a contract for the project work.
WHEREAS, City of Visalia reviewed and evaluated responses to an informal bid inquiry and determined to award the Project to CONTRACTOR; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the project work pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period." Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/ or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 Contractor’s Proposal No. 25-020.02
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates ("Scope of Services"):
All work described in Contractors Proposal No. 25-020.02. 348
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
Total Compensation: Not to Exceed $144,000.00 annually at Contractor's per ton rate bid.
Source of Funds: Local Revenues
Payment Schedule: Within 30 daysfrom date of invoice for completed work
6. CONTRACT PRICE ADJUSTMENTS:
All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement.
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: __________________ By: _________________________________ Authorized Officer: I certify under the penalty of
perjury under the laws of the State of California that I am fully authorized to execute this Agreement for
CONTRACTOR in the capacity I have stated, and that
such execution is sufficient to bind the
CONTRACTOR.
CITY OF VISALIA
Dated: __________________ By: ___________________________________ City Manager
Dated: __________________ By: ___________________________________ City Attorney
Dated: __________________ By: ___________________________________ City of Visalia Risk Manager
Dated: __________________ By: ___________________________________ City of Visalia Project Manager
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EXHIBIT "C, Attachment 1"
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA
707 W. Acequia Ave.
Visalia, CA 93291
Attention: City Clerk
CONTRACTOR Holloway Environmental Solutions, LLC
5060 California Ave, Suite 710
Bakersfield, CA 93309
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.
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I. Attorney's Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney's fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor /vendor/ consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 - Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
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EXHIBIT "C, Attachment 2"
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full tenn 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'l Insurance. If CONTRACTOR utilizes one or more subcontractors in the perfonnance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker's Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR's vehicles used in the perfonnance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR'S employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad fonn property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a "Claims Made" rather than "Occurrence" form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter "post agreement coverage") and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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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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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0351 Agenda Date: 8/18/2025 Agenda #: 14.
Agenda Item Wording:
Record Final Subdivision Map - Request authorization to record the final map for Shepherds Ranch II Phase 1, located on the east side of Clancy Street, approximately ¼ mile south of West Goshen Avenue (72 lots).
Prepared by:
Luqman Ragabi, Assistant Engineer, [email protected], (599) 713-4362 Adrian Rubalcaba, Senior Project Manager, [email protected] (559)713-4507 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495.
Department Recommendation: Staff recommends that City Council authorize the recordation of the final map for Shepherds Ranch II Phase 1, located on the east side of Clancy Street, approximately ¼ mile south of West Goshen Avenue.
Summary:
The Shepherds Ranch II Subdivision will subdivide 40.44 acres into 200 lots for single-family residential subdivision and additional lots for landscaping, park, and trail purposes. The 40.44 acre site consists of one currently undeveloped parcel and is planned to be developed in three phases.
The final map Shepherds Ranch II Phase 1 will subdivide approximately 17 acres into 72 lots and three lettered out lots designated for Landscape and Lighting District (LLD) purposes. The remaining 24-acres will be completed as part of Phase 2 and Phase 3 of the Subdivision.
The proposed subdivision will provide internal, 60-foot-wide public local streets containing full improvements (curb, gutter, parkway landscaping, sidewalks and street lights) and underground infrastructure (sewer lines, storm drainage, gas electricity and water). Primary access to the subdivision will be from Shirk Street, which is identified as an arterial. Secondary access will be provided from Clancy Street.
This final map for Shepherds Ranch II Phase 1 is ready for recording. All bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, DR HORTON., and are in the possession of the City as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $7,745,180.10 and Labor and Materials Bond in the amount of $3,872,590.05; 3) cash payment of $626,071.70 distributed to various accounts to cover City fees; and 4) final map
Landscape and Lighting Assessment District No. 23-01 was originally established for Shepherds Ranch I and approved by Council on June 10, 2024. On June 16, 2025, the district was amended to annex all phases of the Shepherds Ranch II subdivision, as documented in Resolution 2025-42 and the executed Engineer’s Report (attached). The annexation of Shepherds Ranch II into District 23-01 increases the total number of assessable lots to 241; however, 10 of these lots are currently designated for a temporary storm drainage basin. These 10 lots will be owned and maintained by a Visalia City Council Page 1 of 3 Printed on 8/14/2025
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File #: 25-0351 Agenda Date: 8/18/2025 Agenda #: 14.
Homeowners Association (HOA) and will not be included in the District assessment at this time.
If the HOA fails to maintain the temporary basin, the City may assume maintenance responsibilities, which would result in an increase to the annual per-lot assessment for properties within the District to cover the additional cost.
No action is necessary at this time for the landscape assessment district for Shepherd’s Ranch 2. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO). MWELO required that landscaping and irrigation plans be certified by a qualified entity (i.e., a Landscape Architect) as meeting the State and City’s water conservation requirements. In addition, MWELO increases water efficiency standards for new landscapes through use of more efficient irrigation systems, inclusion of drought tolerant plan and tree species, and by limiting the portion of landscape that can be covered in turf.
Background Discussion:
The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.
The Landscape and Lighting Assessment District No. 23-01 was established for Shepherds Ranch 1 and approved by Council on June 10, 2024. The assessment district was amended on June 16, 2025 to include the Shepherd’s Ranch 2 development, see attached Resolution 2025-42 adding the Shepherd’s Ranch 2 development into LLAD 23-01.
The City of Visalia has been allowing the developers of subdivisions to form assessment districts under the Landscape and Lighting Act of 1972, and now under Proposition 218, in lieu of using homeowners associations for the maintenance of common features such as landscaping, irrigation systems, street lights, street trees, and local streets. The maintenance of these improvements is a special benefit to the development and enhances the land values to the individual property owners in the district.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final map pursuant to Section 16.24.080, and require that the City Engineer so Visalia City Council Page 2 of 3 Printed on 8/14/2025
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File #: 25-0351 Agenda Date: 8/18/2025 Agenda #: 14.
indicate on the 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: 72 lots will start contributing to the landscape and lighting assessment district (L&LD 23-01) created for maintenance of common features related to this subdivision. The annual lot assessment will be $1,378.57 per lot reflecting that the temporary basin will be owned and maintained by the HOA. Should the HOA fail to maintain the basin, the City may assume maintenance responsibility through the District, resulting in an increased assessment of $1,479.53 per lot.
Prior Council Action: On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.
Other: On June 26, 2023 The Tentative subdivision map for Shepherds Ranch II (Tentative Subdivision Map No. 5589) was approved by the Planning Commission.
On June 10, 2024, City Council approved recording of Shepherds Ranch 1 and L&LD 23-01 On June, 2025 Landscape and Lighting Committee reviewed and approved the amendment of L&LD 23-01.
On June 16, 2025, City Council approved the amendment of L&LD 23-01 to include the Shepherd’s Ranch 2 development.
Alternatives: None
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final map for Shepherd Ranch II Phase 1.
Environmental Assessment Status: Complete
CEQA Review: Mitigated Negative Declaration No. 2023-32.
Deadline for Action: 8/18/2025
Attachments:
1. Final Map
2. Aerial Map
3. Resolution 2025-42
4. Executed Engineer’s Report
5. Development Disclosure
Visalia City Council Page 3 of 3 Printed on 8/14/2025
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N
SHEET 1 OF 6
WEST GOSHEN
AVEUNE
MILL CREEK DITCH
MILL CREEK
198 CLANCY STREET PLAZA DRIVE
WEST PERSHING AVNUE.
WEST GROVE AVENUE
WEST NICHOLAS COURT
’
SHEPHERDS RANCH II - PHASE 1 SHIRK ROAD
Final Final Submittal 5-29-2025
DRAFT
358
MICHELLE STREET
11 12
13 14
15 PARCEL 2 PM NO.1908 PM20-09, TCR
PM4664 PM47-69, T.C.R. PARCEL 5
PM NO.4597
PM47-02, T.C.R.
36 KELSEY TRACT SUBDIV. 1 RM16-04, T.C.R. PARCEL 4
PM NO.4597
PM47-02, T.C.R.
PARCEL 2
PM NO. 5448
PM55-56 T.C.R.
PARCEL 3
PM NO. 5448
PM55-56 T.C.R.
33 32
1 4
5 6 7 8
SHEPHERDS RANCH 1 RM45-26, T.C.R.
2 3 NORTH CLANCY STREET (ROAD 88)
ALLEN AVENUE
LOT B
WEST GOSHEN AVENUE
US TOWER INDUSTRIAL P
SHIRK ROAD (ROAD 92)
SHEET 2 OF 6
OVERALL BOUNDARY
SEE SHEET 3 FOR LEGEND, SUBDIVISION BOUNDARY, SHEET INDEX, AND REFERENCES N
SHEPHERDS RANCH II - PHASE 1
359
PM NO.4664 PM47-69, T.C.R. PARCEL 5
PM NO.4597
PM47-02, T.C.R.
36 KELSEY TRACT SUBDIV. 1 RM16-04, T.C.R.
NICHOLAS AVENUE
NICHOLAS AVENUE EVEREST STREET SHASTA STREETMARIE STREET PIERRE STREET ALLEN
AVENUE NORTH CLANCY STREET (ROAD 88)
11 12
13 14
15 PARCEL 4
PM NO.4597
PM47-02, T.C.R.
GROVE AVENUE
TOMMY AVENUE
OUTLOT A
OUTLOT B
1 31 32 33 34 35 36 37 38 39 40
27 26 25 28 21 29 24 23 22 30
71 68
70 69
55 56 57 58 59 60 61 62 63 64 65
48 47
49 53 52 51 50 46 45 44 54
18 17
16 15
10 2
9 8
7 14
6 13
5 12
4 11
3 20
41 42
43 19
66 72 67
1 4
5 6
WEST ALLEN AVENUE
2 3
PARCEL 2
PM NO. 5448
PM55-56 T.C.R.
PARCEL 3
PM NO. 5448
PM55-56 T.C.R. SHEPHERDS RANCH 1, RM45-26, T.C.R.
LS32-31, T.C.R.
OUTLOT C
ALLEN
AVENUE
SEE SHEET 2 FOR BASIS OF BEARINGS AND OVERALL BOUNDARY SHEET 3 OF 6
PHASE BOUNDARY AND SHEET INDEX
PARCEL 2
PM NO.4088
PM41-92
T.C.R. PARCEL 2 PM NO.1908 PM20-09, T.C.R.
N
PERRY
D.N. 2006-007366
SHEPHERDS RANCH II - PHASE 1
360
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
Δ
8 9
10 11
12 13
14 15
18 17
28 27 26 25 24 22 21 20 19
33 34 35 36 37 38 39 40 41 42
52 51 50 48 47 46 45 44 43
NICHOLAS AVENUE MARIE STREET
TOMMY AVENUE
49 29 23
32 53
57 58 60 61 62 63 64 65 66 7
59 PARCEL 3
PM NO. 5448
PM55-56 T.C.R.
16 SHEET 4 OF 6
SEE SHEET 2 FOR BASIS OF BEARINGS AND OVERALL BOUNDARY
SEE SHEET 3 FOR SUBDIVISION BOUNDARY, SHEET INDEX, AND REFERENCES SEE SHEET 6 OF 6 SEE SHEET 5 OF 6
N
SHEPHERDS RANCH II - PHASE 1
361
70 71
72 67
68 69
1 2
3 4
5 6
7 58 60 61 62 63 64 65 66
Δ
Δ
Δ
Δ
Δ
Δ PIERRE STREET
ALLEN
AVENUE MARIE STREET GROVE AVENUE
57 59
52 51 50 49 48 47 46 45 44 43 8
56 53
OUTLOT C
PARCEL 2
PM NO. 5448
PM55-56 T.C.R.
ALLEN
AVENUE
SHEET 5 OF 6
SEE SHEET 2 FOR BASIS OF BEARINGS AND OVERALL BOUNDARY
SEE SHEET 3 FOR SUBDIVISION BOUNDARY, SHEET INDEX, AND REFERENCES SEE SHEET 4 OF 6 SEE SHEET 6 OF 6
N
SHEPHERDS RANCH II - PHASE 1
362
30 29
31 32
54 53
55 56 SHASTA STREET
GROVE AVENUE
NICHOLAS AVENUE
TOMMY AVENUE
33 28
57 52
PARCEL 3
PM NO. 5448
PM55-56 T.C.R.
SHEET 6 OF 6
SEE SHEET 2 FOR BASIS OF BEARINGS AND OVERALL BOUNDARY
SEE SHEET 3 FOR SUBDIVISION BOUNDARY, SHEET INDEX, AND REFERENCES SEE SHEET 5 OF 6 SEE SHEET 4 OF 6 SEE SHEET 3 OF 6 N
SHEPHERDS RANCH II - PHASE 1
363
364
365
366
367
368
369
370
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0352 Agenda Date: 8/18/2025 Agenda #: 15.
Agenda Item Wording:
Approve a contract amendment with Mike Clark Trucking - Approve an amendment to the contract with Mike Clark Trucking to increase the annual not-to-exceed amount from $170,000 to $226,800 to haul biosolids from the Visalia Water Reclamation Facility.
Prepared by: Ben Litwack, Public Works Manager, 713-4671, [email protected] Nick Bartsch, Public Works Director, 713-4052, [email protected] Department Recommendation: Staff recommends that Council approve an amendment to contract C25072 with Mike Clark Trucking to increase the annual not-to-exceed amount from $170,000 to $226,800 to haul biosolids from the Visalia Water Reclamation Facility. The appropriation for this increase is being requested in another, related staff report on this agenda.
Summary:
The City of Visalia contracts with Mike Clark Trucking to haul biosolids from the Visalia Water Reclamation Facility to disposal sites. Due to reduced capacity at the Tulare County Landfill, the City now intends to utilize Holloway Environmental in Lost Hills, CA, which can accept the necessary volumes to meet regulatory deadlines. This alternative location increases haul distance and transportation costs, making the current contract limit of $170,000 inadequate. Staff is requesting an increase to the contract’s annual not-to-exceed amount to $226,800 to support the higher cost of hauling biosolids over a longer distance.
Background Discussion:
The City of Visalia contracts with Mike Clark Trucking for the transportation of biosolids generated at the Visalia Water Reclamation Facility (WRF) to designated disposal facilities. Historically, the City has relied on the Tulare County Landfill to accept biosolids for final disposal. However, due to specialized handling requirements and the landfill’s obligation to prioritize disposal services for other regional agencies, biosolids acceptance capacity has been significantly reduced. The landfill now limits the City to disposing only 100 tons every other week.
As a result, the City has identified Holloway Environmental in Lost Hills, CA as an alternate disposal site with the capacity to accept the volumes required to meet the Waste Discharge Requirements (WDRs) set forth by the State Water Resources Control Board.
Utilizing Holloway Environmental as the primary biosolids disposal site will increase the average haul distance and duration for each trip, resulting in higher overall transportation costs. The existing annual contract limit of $170,000 is insufficient to cover the increased hauling frequency and distance required to transport the full 2024 biosolids stockpile as well as ongoing biosolids production.
To accommodate this shift, staff is requesting an increase to the not-to-exceed amount for Contract C25072 with Mike Clark Trucking, raising it to $226,800 for the current fiscal year. This amount Visalia City Council Page 1 of 2 Printed on 8/14/2025
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File #: 25-0352 Agenda Date: 8/18/2025 Agenda #: 15.
reflects the estimated cost of hauling biosolids to Holloway Environmental at an average rate of approximately 200 tons per day, five days a week, using seven covered trucks.
Fiscal Impact: Staff believe it will take up to 30 working days to remove the 2024 biosolids stockpile.
Mike Clark Trucking currently charges $135/hr per truck and will use 7 covered trucks per day. Staff estimates that the not-to-exceed will need to be increased to $226,800 to cover the hauling.
Adequate funds are appropriated from the Wastewater Fund (431) into the biosolids operating budget in 4336-55700.
Prior Council Action: April 7, 2025 - Council approved a contract with Mike Clark Trucking not to exceed $170,000 per year.
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to approve an amendment to contract the with Mike Clark Trucking to increase the annual notto-exceed amount from $170,000 to $226,800 to haul biosolids from the Visalia Water Reclamation Facility.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/18/2025
Attachments: Contract with Mike Clark Trucking
Visalia City Council Page 2 of 2 Printed on 8/14/2025
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373
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0360 Agenda Date: 8/18/2025 Agenda #: 16.
Agenda Item Wording:
Notice of Completion - Request authorization to file a Partial Notice of Completion for Highland Park, Unit Nos. 3 & 4 subdivision, excepting the exterior landscape outlot improvements, located at the northwest corner of Riggin Avenue and Giddings Street.
Prepared by:
Sarah MacLennan, Assistant Engineer, [email protected], (559) 713-4271 Adrian Rubalcaba, Sr. Project Manager, [email protected], (559)713-4507 Jason Huckleberry, Engineering & Building Department Director, [email protected] , (559) 713-4495 Department Recommendation:
Staff recommends that City Council authorize the filing of a Partial Notice of Completion for Highland Park Phase 3 & 4 subdivision, excepting the exterior landscape outlot improvements.
Summary:
All the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer, excepting the exterior landscape outlot improvements along Riggin Avenue and Giddings Street. Landscape improvements will be installed after the completion of the City’s Riggin Avenue Widening Capital Improvement Project. Highland Park, Unit Nos. 3 & 4 subdivision, was developed by Woodside 06N, LP, and contains 98 single family residential lots.
The developer has submitted a maintenance bond in the amount of $289,523.16, as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Partial Notice of Completion.
Background Discussion:
The City Council authorized the recording of the final map for Highland Park, Unit Nos. 3 & 4, subdivision on August 21, 2023. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.
Staff directed the developer to defer installation of the landscape outlot improvements along Riggin Avenue and Giddings Street until the completion of the Riggin Avenue Widening Capital Improvement Project adjacent to development. The City’s CIP project is nearing completion and will allow the developer to begin the completion of the landscape improvements along their frontage. The developer has completed all other improvements and seeks to have them accepted by the City through this Partial Notice of Completion. Once the remaining landscape improvements have been completed a final Notice of Completion will be brought to Council for approval. While it is not the usual City process to issue a partial notice, given that the City’s improvements are delaying the completion of the developer’s portion of the subdivision, Staff believes it is appropriate to make an Visalia City Council Page 1 of 2 Printed on 8/14/2025
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File #: 25-0360 Agenda Date: 8/18/2025 Agenda #: 16.
completion of the developer’s portion of the subdivision, Staff believes it is appropriate to make an exception in this particular case.
Fiscal Impact: By authorizing this Partial Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance. Landscaping associated with the project’s frontages along Riggin and Giddings is not being accepted and will not be maintained until the final Notice of Completion is approved in the future.
Prior Council Action:
On August 21, 2023 Council authorized the recordation of Highland Park, Unit Nos. 3 & 4 final map, and the formation and assessment of Landscape and Lighting District 22-05 “Highland Park, Unit Nos. 3 & 4”.
On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.
Other: N/A
Alternatives: No alternatives are provided.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of a Partial Notice of Completion for Highland Park, Unit Nos. 3 & 4 subdivision, excepting the exterior landscape outlot improvements.
Environmental Assessment Status:
Negative Declaration No. 2006-08, adopted February 27, 2006 CEQA Review:
Negative Declaration No. 2006-08, adopted February 27, 2006 Deadline for Action: 8/18/2025
Attachments:
1. Aerial Map
2. Final Map
3. Development Disclosure
Visalia City Council Page 2 of 2 Printed on 8/14/2025
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376
PREPARED BY:
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
SUBJECT
PROPERTY
RIGGIN AVENUE
RIVERWAY DRIVE
MOONEY BLVD
N. GIDDINGS STREET
N. DINUBA BLVD. (RD. 124)
CITY OF VISALIA
NORTH
VICINITY MAP
NO SCALE
BOARD OF SUPERVISOR'S STATEMENT
CITY CLERK'S STATEMENT
RECORDER'S STATEMENT
SURVEYOR'S STATEMENT
CITY SURVEYOR'S STATEMENT
CITY PLANNER'S STATEMENT
OWNER'S STATEMENT
STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATURE
MY COMMISSION EXPIRES:
PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC
PRINT NAME
COMMISSION NO.
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.
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.
STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATURE
MY COMMISSION EXPIRES:
PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC
PRINT NAME
COMMISSION NO.
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.
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.
CITY LIMIT LINE
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 WOODSIDE HOMES, OCTOBER 2016. AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND
OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
RANDY D. WASNICK P.L.S. 8163 DATE
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 OF 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, CITY SURVEYOR PLS 6815 DATE
I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON FEBRUARY 27, 2006.
PAUL BERNAL,
CITY PLANNER
DATE BY
THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THIS _______ 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 PUBLIC STREETS, AND LOTS A AND B; AND ACCEPTING
THE PUBLIC UTILITY EASEMENTS, PEDESTRIAN ACCESS EASEMENTS, AND THE BLOCK WALL EASEMENTS, ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN UPON THIS MAP.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS DAY OF ,20 .
LESLIE B. CAVIGLIA
CITY MANAGER/CITY CLERK
CHIEF DEPUTY CITY CLERK
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY STATE THAT 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 , 20 .
JASON T. BRITT
COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY:
DEPUTY
DOCUMENT NO. FEE PAID
FILED THIS DAY OF ,20_____ , AT M.,
IN VOLUME OF MAPS, AT PAGE TULARE COUNTY RECORDS,AT
THE REQUEST OF 4 CREEKS, INC.
TARA FREITAS, CPA, TULARE COUNTY ASSESSOR/CLERK-RECORDER BY:
DEPUTY
TULARE COUNTY, CA
SW1/4 SECT.
18-18/25
LANDSCAPE & LIGHTING DISTRICT ASSESSMENT
ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN “ASSESSMENT DISTRICT NO. 22-05, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA,” ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.
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 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. RIGHTS OF WAY FOR PACIFIC AVENUE, HICKORY STREET, PRESCOTT AVENUE, DOLLNER
STREET, MONARCH STREET, RINALDI STREET, CHAPEL STREET, MARTIN STREET, AND
PAYSON AVENUE IN FEE TO THE CITY OF VISALIA
2. LOTS A AND B IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES
SIDEWALKS, BLOCK WALLS AND OTHER PUBLIC PURPOSES
3. PUBLIC UTILITY EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND
MAINTENANCE OF GAS LINES AND CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE
SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)
4. PEDESTRIAN ACCESS EASEMENTS TO THE CITY OF VISALIA FOR PEDESTRIAN ACCESS PURPOSES AS SHOWN HEREON AND DESIGNATED AS "PAE" (PEDESTRIAN ACCESS
EASEMENT)
5. BLOCK WALL EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND MAINTENANCE OF BLOCK WALLS AS SHOWN HEREON AND DESIGNATED AS "BWE" (BLOCK
WALL EASEMENT)
FOR: WOODSIDE 06N, LP, A CALIFORNIA LIMITED PARTNERSHIP BY: WDS GP, INC., A CALIFORNIA CORPORATION, ITS GENERAL PARTNER BY: MATT SMITH TITLE: AUTHORIZED SIGNER
LOT 2 OF SHANNON RANCH EAST, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 40 PAGE 46 OF RECORDED MAPS, TULARE COUNTY RECORDS; EXCEPTING THOSE PORTIONS OF SAID LAND AS SHOWN ON DEDICATIONS OF:
PARCEL MAP 4554, FILED IN BOOK 46, PAGE 59 OF PARCEL MAPS; OFFICIAL MAP OF SHANNON RANCH EAST SUBDIVISION MAP, FILED IN BOOK 40, PAGE 46 OF MAPS; IRREVOCABLE OFFER OF DEDICATION, RECORDED FEBRUARY 10, 2003 AS INSTRUMENT NO. 2003-0011275; SAID DEDICATIONS WERE ACCEPTED IN THE FOLLOWING RESOLUTIONS:
RESOLUTION 2005-52, RECORDED MAY 2, 2005 AS INSTRUMENT NO. 2005-0045469 RESOLUTION 2007-24, RECORDED MARCH 26, 2007 AS INSTRUMENT NO. 2007-0028982 RESOLUTION 2007-91, RECORDED NOVEMBER 28, 2007 AS INSTRUMENT NO. 2007-0103602 RESOLUTION 2007-90, RECORDED NOVEMBER 28, 2007 AS INSTRUMENT NO. 2007-0103603 UNIT NOS. 3 & 4
SHEET 1 OF 3
TSM 5509
HIGHLAND PARK
FLOOD HAZARD ZONE
AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE MAP (MAP NUMBER 06107C0935E) 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 FLOOD, AREAS OF 1-PERCENT ANNUAL CHANCE FLOOD WITH AVERAGE DEPTHS OF LESS THAN 1 FOOT OR WITH DRAINAGE AREAS LESS THAN 1 SQUARE MILE; AND AREAS PROTECTED BY LEVEES FROM THE 1-PERCENT ANNUAL CHANCE FLOOD
STATE OF CALIFORNIA
PROFESSIONALLANDSURVEYOR
RANDY D.WASNICK
EXP: 12/31/___
PLS 8163
377
N89° 39' 32"W 368.33'
N44° 39' 32"W 42.43'
[N44° 39' 32"W 42.43']
28.28'
14.14'
18.29'
29.00'
C18 C19
C20
C71 C72
C73
C77
C84
C21
C23
C24
R2
R3
R4
R5 R6
R7
26.51'
R12
R13
R55
R8
R9
12.04'
R14
R15
R16R17
R18
R19
R20
R22 R21
R23
N89°39'32"W
N45° 20' 28"E 15.00'
C25 C26
C27
C28
C29 C30
C31
C32
C33
C34
6.76'
C35 C36
C37
C38
C39
C40
C42 C41
C43
N44° 31' 37"W 15.00'
C44
C45
C46
C47
R24
R25
R26
R27
R28
R29 R30
R31
R33
R32
R34
N44° 39' 32"W
19.80'
19.80'
N45° 28' 23"E 19.79'
19.81' 19.79'
19.96'
R10
C22
R11
E3
PRESCOTT AVENUE
RINALDI STREET
CHAPEL STREET
PAYSON AVENUE
MARTIN STREET
DOLLNER
RIGGIN AVENUE
15'
10' E3
29'
29'
58'
26'
26'
29' 29'
26'
26' 26'
26'
26'
26'
26'
26'
26'
26' 26'
26'
26'
26' 26'
30' 30'
60'
30' 30'
60'
10'
10'
10'
2' BWE
2' BWE
2' BWE
2' BWE 2' BWE
GIDDINGS STREET
70'
20'
50' 70'
20'
50'
1 3604 sf.
2 3010 sf.
3 3010 sf.
4 3010 sf.
5 3010 sf.
6 3010 sf.
7 3010 sf.
8 3204 sf.
9 3204 sf.
10 3010 sf.
11 3010 sf.
12 3010 sf.
13 2997 sf.
14 2573 sf.
15 5032 sf.
16 4159 sf.
17 3344 sf.
18 3304 sf.
19 2800 sf.
20 2833 sf.
21 2833 sf.
22 2800 sf.
23 3326 sf.
24 3388 sf.
25 2766 sf.
26 2712 sf.
27 2712 sf.
28 2683 sf.
29 2513 sf.
30 4388 sf.
31 3480 sf. 32
3458 sf.
33 2979 sf.
34 2796 sf.
35 2796 sf.
36 2796 sf.
37 2796 sf.
38 2796 sf.
39 2796 sf.
40 2796 sf.
41 2796 sf.
42 2796 sf.
43 2796 sf.
44 3429 sf.
45 2856 sf.
46 2856 sf.
47 3210 sf.
48 3188 sf.
49 3188 sf.
50 3207 sf.
STREET
LOT A
25818 sf.
LOT B
11037 sf.
FD. 3/4 IP TAGGED PLS 4714
PER SHANNON RANCH EAST
(40 SM 46, TCR)
FD. BD IN CONC. STAMPED PLS 8163
PER SHANNON RANCH 3, UNITS 10&11
(44 SM 37, TCR)
58'
29'
29'
58'29'
29'
FD. BD IN CONC. STAMPED PLS 8163
PER SHANNON RANCH 3, UNITS 13&14
(43 SM 77, TCR)
E4 E4
E2
E2
E2
E1
E1
N45° 28' 23"E 42.33'
[N45° 28' 23"E 42.33']
FD. BD IN CONC. STAMPED PLS 8006
AS SHOWN ON PM 4928, TCR
ACCEPTED AS S1/4 COR. SECT. 18-18/25
1521.80'
N89° 23' 42"W 2,532.14' [N89° 23' 42"W 2,532.14']
33.31'
<33.31'>
N0° 36' 18"E 732.78' [N0° 36' 18"E 732.78'] <N0° 36' 18"E 732.78'>
SEDONA AVENUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
6' PUE
SEE DETAIL 'C'
SEE DETAIL 'D'
SEE DETAIL 'E'
SEE DETAIL 'F'
SEE DETAIL 'A' N0° 20' 28"E 228.56'
N0° 20' 28"E 229.23'
N0° 20' 28"E 195.00'
N0° 20' 28"E 230.12'
26.51'
N50° 34' 32"E(R) 88.07'
N89° 39' 32"W 359.34'
97.34'
47.00' 43.00' 43.00' 43.00' 43.00' 43.00' 43.00' 54.34'
94.35' 50.00'
443.85'
49.00' 49.00' 166.00'
75.51' 292.81'
175.51' 192.81'
183.22'
100.00'
50.00' 50.00'
27.00' 43.00' 43.00' 43.00' 27.22'
50.00' 50.00'
100.00'
70.00' 70.00'
70.00' 70.00'
70.00' 70.00'
70.00' 70.00'
70.00' 67.44'
57.39' 70.00'
70.00'
43.00' 43.00' 43.00' 43.00' 43.00' 43.00' 34.34' 27.00' N0° 22' 04"E(R) 140.00'
70.00' 70.00'
N89° 39' 32"W
47.02'
50.00' 40.80' 40.80' 50.23'
55.98'
149.39'
36.53' 40.80' 40.80' 31.26'
136.52'
108.00'
137.02'
108.00'
149.37'
112.81'
56.00' 56.81'
34.61' 40.00' 40.00' 34.77'
56.02' 56.79'
112.82' 48.61' 40.00' 40.00' 49.07'
70.00' 70.81'
70.00' 70.81'
70.00' 70.81'
149.97'
35.37' 40.00' 40.00' 34.61'
108.85'
39.00' 39.00'
N89° 39' 32"W 69.53'
N89° 39' 32"W 69.53'
N89° 39' 32"W 69.53'
N89° 39' 32"W 65.27'
N89° 39' 32"W
N40° 01' 37"W(R) 84.00'
N5° 33' 18"W(R)
N0° 36' 18"E 69.84'
N0° 20' 28"E 177.67'
56.50'
70.00'
70.00'
70.00'
270.72'
69.72' 43.00' 39.00' 39.00' 39.00' 41.00'
27.25'
442.51'
40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 42.61' 58.92' 71.00'
40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' 40.00' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' N0° 36' 18"E 69.91' 200.00' 192.82'
57.11'
57.87'
60.77'
162.64'
950.02' ((N89° 23' 42" W 950.02'))
70.00' <70.00'>
1010.34' [1010.34']
N89° 39' 32"W 503.85' (N89° 39' 32"W 503.85') [N89° 39' 32"W 503.85']
75.51' (75.51') 428.34' (428.34')
N0° 20' 28"E 601.65' (N0° 20' 28"E) [N0° 20' 28"E 601.65'] R53
R54
N0° 20' 28"E 137.44'
N0° 20' 28"E 127.39'
N0° 20' 28"E
N0° 20' 28"E 140.00'
N0° 20' 28"E 140.00'
N0° 20' 28"E 140.00'
N0° 20' 28"E 140.00'
N89° 39' 32"W 140.81'
N89° 39' 32"W 140.81'
N89° 39' 32"W 140.81'
N87° 20' 57"W 87.56'
43.78' 43.78'
2' PAE N43° 12' 23"W
N45° 28' 23"E
2' PAE
N44° 31' 37"W
2' PAE
N45° 20' 28"E
2' PAE
51 3205 sf.
C4
C1
[C5]
(C2) [C3]
R1
58'
29'
29'
58'29'
29'
E2
E2
33.31'
<33.31'>
N89° 23' 42"W 778.00'
N0° 20' 28"E 298.95'
N0° 20' 28"E 247.20'
N00° 20' 28"E 215.64'
N89° 23' 42"W 95.36'
N89° 39' 32"W 141.18' 40.00' 40.00' 40.00' 45.41' 65.41' 50.00' 50.00' 50.23'
71.18' 70.00'
39.23' 40.00' 40.00' 40.00' 35.93'
57.20' 55.98'
113.18'
36.53' 50.00' 50.00' 35.73'
172.26'
161.53'
44.00' 40.80' 40.80' 35.93'
56.02'
112.00' 40.80' 40.80' 50.23' 50.00'
N89° 39' 32"W 140.00'
N89° 39' 32"W 140.00'
N89° 39' 32"W 140.00'
N89° 39' 32"W 70.00'
N89° 39' 32"W 70.00'
N89° 39' 32"W 71.18'
N89° 39' 32"W 71.18'
N89° 39' 32"W 71.18'
195.16'
138.00' 160.95'
69.00'
61.84'
69.13'
70.87'
70.00'
70.00'
69.13'
70.87'
70.00'
70.00'
69.13'
70.87'
70.00'
70.00'
69.13' 70.87'
43.78' 43.78' 43.78' 43.78' 43.78' 43.78'
43.78'
43.75'
43.74'
43.74'
40.93'
42.92'
N25° 28' 52"E(R)
N23° 11' 53"E(R)
N11° 40' 00"W(R)
N20° 54' 54"E(R)
N18° 37' 55"E(R) 130.84'
N16° 20' 56"E(R) 140.00'
N14° 03' 57"E(R) 140.00'
N11° 46' 58"E(R) 140.00'
N9° 30' 00"E(R) 140.00'
N7° 13' 01"E(R) 140.00'
N4° 56' 02"E(R) 140.00'
N69° 04' 52"W 88.30'
79.28' 92.49' 77.01' 56.78' 54.00'
56.22'
40.98'
56.28'
56.51'
45.85' 26.00' 26.00'
38.61'
32.88'
45.85' 69.62' 46.58'
66.68' 57.65' 49.00'
40.00' 40.00' 40.00' 40.00' 40.00'
40.00' 40.00' 40.00' 40.00' 40.00'
N61° 14' 41"E(R)
N89° 23' 42"W
N89° 23' 42"W 69.69'
N21° 08' 15"E(R)
N0° 36' 18"E
N0° 36' 18"E 69.91'
N0° 36' 18"E 69.91'
N0° 36' 18"E 69.91'
N0° 36' 18"E 69.91'
N0° 36' 18"E 69.91'
N89° 23' 42"W 69.00'
N89° 23' 42"W
N57° 11' 34"W(R)
54.76'
57.53'
59.80'
63.77'
C6
C7
C8
C9
C10
C11
C12
C13 C14 C15 C16 C17
68.13'
68.99'
68.73'
N0° 36' 18"E 69.91'
193.18' 192.00'
N44° 31' 37"W
19.81'
N44° 31' 37"W
18.39'
N45° 28' 23"E
18.38'
N38° 42' 12"W 20.67'
N49° 30' 10"E 19.50'
C56
C57
C58
C59
C60 C61 C62
76.12'
72.10'
C63
C64
C65
C66
C67
C68 C69 C70
R45R46
C74
C75
C76
N34° 48' 52"W
15.00'
SEE DETAIL 'B'
R43
R42
R41
R47
R48
R49
R50
C78
C80 C79
C81
C82 C83 R51
R52
72.29'
5.73'
C55
C54
R40
R39
R38
C49
C53
C52
C51
C50
R36
R35
C48
R37
N2° 39' 03"E(R) 140.00'
26'
26'
N0° 20' 28"E 181.82'
N44° 31' 37"W 19.81'
N45° 28' 23"E 19.79'
10'
LOT B
11037 sf.
N89° 09' 08"W 238.26' ((S89° 09' 08"E 238.26')) N89° 19' 11"W 229.94' ((S89° 19' 11"E 229.94')) N89° 23' 21"W 230.05' ((S89° 23' 21"E 230.05')) N89° 25' 47"W 230.75' ((S89° 25' 47"E 230.75')) N89° 22' 16"W 25.22'
((N89° 22' 16"W 25.22'))
N45° 30' 33"E 5.95'
((N45° 30' 33"E 5.95'))
36.38'
N82° 46' 59"W 87.56' N78° 13' 02"W 87.56'
70.00'
70.00'
70.00'
26' 26'
26' 26'
26' 26'
26'
26'
64 3188 sf.
75 3107 sf.
76 2995 sf.
77 3105 sf.
78 5159 sf. 79
2700 sf.
80 3310 sf.
81 2796 sf.
82 2796 sf.
83 2796 sf.
84 2796 sf.
85 2796 sf.
86 3407 sf.
87 2856 sf.
88 2856 sf.
89 3680 sf.
90 3895 sf.
91 3500 sf.
92 3500 sf.
93 3429 sf.
94 3466 sf.
95 2847 sf.
96 2847 sf.
97 2847 sf.
98 3788 sf.
58 2942 sf. 57
2942 sf. 56
2942 sf. 55
2942 sf. 54
2942 sf. 53
2942 sf. 52
2942 sf.
65 3188 sf.
66 3188 sf.
67 72 3188 sf.
3301 sf.
73 3676 sf.
74 3648 sf.
2' PAE
2' PAE
1' PAE
1' PAE
6' PUE
6' PUE 6' PUE
6' PUE
6' PUE
N45° 28' 23"E 15.00'
656.80'
16.80'
15.30'
PRESCOTT AVENUE MONARCH STREET
HICKORY STREET
PACIFIC
AVENUE
<137.91'> <70.00'> <52.00'> <93.64'> <84.58'> <57.36'> <123.97'> 624.04' E5
4.58'
5.42' ((N0° 36' 18"E 5.42'))
SEE DETAIL 'G'
2' BWE
N65° 14' 10"W 83.85'
N73° 39' 04"W N72° 20' 32"W
61 2898 sf.
63 3999 sf.
70 4149 sf.
62 2913 sf.
59 2920 sf.
68 3188 sf.
69 3122 sf.
71 8039 sf.
60 2899 sf.
18.81'
EASEMENT/DOCUMENT LIST
E1
E2
E3
E4
RESOLUTION AUTHORIZING ACCEPTANCE OF AN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 5/2/05 AS DOC. NO. 2005-0045469, O.R.T.C.
RESOLUTION AUTHORIZING ACCEPTANCE OF AN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 3/26/07, AS DOC. NO. 2007-0028982, O.R.T.C.
RESOLUTION AUTHORIZING ACCEPTANCE OF AN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 11/28/2007, AS DOC. NO. 2007-0103603, O.R.T.C.
RESOLUTION AUTHORIZING ACCEPTANCE OF AN IRREVOCABLE OFFER TO THE CITY OF VISALIA PER DOC. REC. 11/28/2007 AS DOC. NO. 2007-0103602, O.R.T.C.
RESOLUTION AUTHORIZING ACCEPTANCE OF RIGHT OF WAY OFFERED TO THE CITY OF VISALIA PER DOC. REC. JULY 7, 2022, AS DOC. NO. 2022-0043398, O.R.T.C.
EXISTING 20' EASEMENT FOR ROAD PURPOSES RECORDED FEBRUARY 28, 1930 IN BOOK 363, PAGE 131, O.R.T.C.
PREPARED BY:
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN,
IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA
HIGHLAND PARK
UNIT NOS. 3 & 4
LEGEND
(R)
[ ]
( )
FOUND MONUMENT AS DESCRIBED
SET 3/4" IRON PIPE TAGGED "PLS 8163", AND AT ALL
LOT CORNERS AND POINTS OF CURVATURE
SET BRASS DISC FLUSH IN CONC. TAGGED "PLS 8163"
SET 3/4" IRON PIPE TAGGED "PLS 8163" 5.00 FEET
FROM TRUE CORNER ALONG PROPERTY LINE
FOUND 3/4IN IRON PIPE TAGGED "PLS 8163", PER MAP
OF HIGHLAND PARK ESTATES SUBDIVISION
RADIAL BEARING
HEAVY SOLID LINE INDICATES SUBDIVISION BOUNDARY
BLOCK WALL EASEMENT
PUBLIC UTILITY EASEMENT
PEDESTRIAN ACCESS EASEMENT
EASEMENT/DOCUMENT OF RECORD
BWE
PUE
E#
THE EAST LINE OF THE SOUTHWEST QUARTER OF SECTION
18-18/25 PER MAP OF SHANNON RANCH EAST SUBDIVISION, REC.
IN VOL 40 OF MAPS, PG. 46, T.C.R.
TAKEN AS N0° 20' 28"E
BASIS OF BEARINGS
[1521.80']
< >
FD. BRASS DISC FLUSH IN CONCRETE PER RM 40-99
ACCEPTED AS SW COR. SECT. 18-18/25
RECORD DATA PER SHANNON RANCH 3, UNITS 10 &
11, RECORDED IN VOL. 44 OF MAPS, AT PAGE 37
T.C.R. (OR CALCULATED THEREFROM)
RECORD DATA PER SHANNON RANCH EAST,
RECORDED IN VOL. 40 OF MAPS, AT PAGE 46, T.C.R.
(OR CALCULATED THEREFROM)
RECORD DATA PER HIGHLAND PARK ESTATES
SUBDIVISION RECORDED IN VOL. 44 OF MAPS, AT
PAGE 79 , T.C.R. (OR CALCULATED THEREFROM)
RECORD DATA PER RIGHT OF WAY ACCEPTANCE PER
DOC. REC. 7/7/2022 AS DOC. NO. 2022-0043398, O.R.T.C.
60' 60'
SHEET 2 OF 3
PAE
TSM 5509
(( ))
CURVE AND LINE TABLES ON SHEET 3
E5
BASIS OF BEARINGS
E6
SEE DETAIL 'H'
378
CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
C24
C25
C26
C27
C28
DELTA
30°12'19"
30°12'19"
30°12'19"
29°16'46"
29°15'10"
4°08'22"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
0°01'36"
90°00'00"
90°00'00"
90°00'00"
90°00'00"
90°00'00"
90°00'00"
29°59'43"
18°24'11"
11°35'33"
149°59'26"
LENGTH
527.18'
527.18'
527.18'
525.84'
525.36'
74.34'
41.00'
41.00'
41.00'
41.00'
41.00'
41.00'
41.00'
41.00'
41.00'
41.00'
41.00'
0.48'
31.42'
31.42'
31.42'
31.42'
31.42'
31.42'
26.18'
16.06'
10.12'
130.89'
RADIUS
1,000.00'
1,000.00'
1,000.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
1,029.00'
20.00'
20.00'
20.00'
20.00'
20.00'
20.00'
50.00'
50.00'
50.00'
50.00'
CURVE TABLE
CURVE #
C29
C30
C31
C32
C33
C34
C35
C36
C37
C38
C39
C40
C41
C42
C43
C44
C45
C46
C47
C48
C49
C50
C51
C52
C53
C54
C55
C56
DELTA
40°07'22"
40°06'25"
46°41'52"
17°56'47"
5°07'00"
29°59'43"
30°01'24"
23°49'01"
6°12'23"
150°18'39"
45°16'41"
34°22'39"
34°28'19"
36°11'00"
30°01'24"
27°02'00"
2°59'24"
90°15'50"
89°44'10"
29°58'03"
149°40'15"
9°10'19"
41°19'41"
40°06'25"
40°30'26"
18°33'24"
29°58'03"
32°10'52"
LENGTH
35.01'
35.00'
40.75'
15.66'
4.47'
26.18'
26.20'
20.78'
5.42'
131.17'
39.51'
30.00'
30.08'
31.58'
26.20'
23.59'
2.61'
31.51'
31.32'
26.15'
130.61'
8.00'
36.07'
35.00'
35.35'
16.19'
26.15'
28.08'
RADIUS
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
20.00'
20.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
CURVE TABLE
CURVE #
C57
C58
C59
C60
C61
C62
C63
C64
C65
C66
C67
C68
C69
C70
C71
C72
C73
C74
C75
C76
C77
C78
C79
C80
C81
C82
C83
C84
DELTA
172°32'53"
18°37'47"
46°01'03"
45°31'34"
59°46'27"
2°36'02"
33°32'08"
16°49'53"
0°49'25"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
2°16'59"
0°01'36"
20°02'55"
9°36'40"
9°15'47"
1°10'27"
107°02'25"
4°57'40"
2°12'42"
2°44'58"
5°15'33"
2°36'43"
2°38'50"
LENGTH
150.58'
16.26'
40.16'
39.73'
52.16'
2.27'
29.27'
343.41'
16.80'
46.58'
46.58'
46.58'
46.58'
46.58'
46.58'
46.58'
0.55'
418.15'
200.46'
193.20'
24.49'
37.36'
105.72'
47.13'
58.59'
112.08'
55.66'
56.41'
RADIUS
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
50.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,169.00'
1,195.00'
1,195.00'
1,195.00'
1,195.00'
20.00'
1,221.00'
1,221.00'
1,221.00'
1,221.00'
1,221.00'
1,221.00'
Radial Table
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12
R13
R14
R15
R16
R17
R18
R19
Bearing
N30° 32' 47"E
N29° 37' 14"E
S00° 20' 28"W
S00° 20' 28"W
S89° 39' 32"E
S89° 39' 32"E
N00° 20' 28"E
N00° 20' 28"E
S89° 39' 32"E
N89° 39' 32"W
N00° 20' 28"E
N89° 39' 32"W
S00° 20' 28"W
S00° 20' 28"W
S89° 39' 32"E
N00° 20' 28"E
S18° 03' 43"E
S29° 39' 16"E
N10° 28' 06"E
Radial Table
#
R20
R21
R22
R23
R24
R25
R26
R27
R28
R29
R30
R31
R32
R33
R34
R35
R36
R37
R38
Bearing
S82° 43' 36"E
N64° 46' 50"W
N59° 39' 49"W
S89° 39' 32"E
S89° 39' 32"E
S66° 31' 27"W
N60° 19' 03"E
N74° 24' 16"W
S30° 37' 42"W
S03° 35' 42"W
N00° 36' 18"E
N89° 39' 32"W
S00° 36' 18"W
N00° 36' 18"E
N89° 39' 32"W
N00° 36' 18"E
S29° 21' 45"E
S20° 11' 25"E
S78° 14' 53"E
Radial Table
#
R39
R40
R41
R42
R43
R44
R45
R46
R47
R48
R49
R50
R51
R52
R53
R54
R55
Bearing
S59° 41' 30"E
N89° 39' 32"W
N89° 39' 32"W
N58° 09' 36"E
N76° 47' 23"E
N48° 06' 27"E
S50° 42' 29"W
N17° 10' 21"E
N89° 39' 32"W
S17° 22' 52"W
S15° 10' 10"W
N12° 25' 12"E
N08° 36' 58"E
S06° 00' 15"W
N03° 21' 25"E
N01° 30' 55"E
N00° 20' 28"E
PREPARED BY:
FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
HIGHLAND PARK
UNIT NOS. 3 & 4
SHEET 3 OF 3
TSM 5509
LOT 49
DETAIL 'A'
DETAIL 'C'
DETAIL 'D'
DETAIL 'E'
DETAIL 'F'
443.85'
26.51'
C4 [C5]
C17 C18
R3
N0° 22' 04"E(R)
70.00'
LOT 52 LOT 51
SEDONA AVE.
PRESCOTT AVE.
26.51'
C64
C72 C73
R55
LOT 50
N0° 22' 04"E(R)
70.00'
MARTIN ST.
N89° 39' 32"W 60.77'
C33
C32 C28
C34
R21
R22
LOT B
LOT 25
LOT 28
LOT 29
C35
N89° 39' 32"W 65.27'
C39
C37
C36
C38
R26 MARTIN ST.
R25
PAYSON AVE.
40.00'
C43 N89°23'42"W
C45 C44
R30
R29
N0°36'18"E 69.84'
LOT 33 LOT 32
ALL DETAILS
NOT TO SCALE
DETAIL 'B'
C62
C57
C63
R45
R44
LOT 69
LOT 70
PRESCOTT AVE.
N18°37'55"E
61.84'
N69° 04' 52"W 88.30'
N65° 14' 10"W 83.85'
0.82' N23° 11' 53"E(R) 68.99'
N11°40'00"W(R) 76.12'
43.74'
LOT 62
LOT 61
LOT 71
LOT 70
DETAIL 'G'
<70.00'>
70.00'
LOT 78
DETAIL 'H'
E5
2' BWE
LOT 22 (44 SM 79)
LOT A
RIGGIN AVENUE
4.58'
5.42' ((N0° 36' 18"E 5.42'))
5.00' <5.00'>
LOT B
S. LINE SW1/4 SECT/ 18-18/25
SITUATED IN A PORTION OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN,
IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA LEGEND AND DOCUMENT/EASEMENT LIST ON SHEET 2
42.92'
379
380
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0361 Agenda Date: 8/18/2025 Agenda #: 17.
Agenda Item Wording:
Notice of Completion - Request authorization to file a Notice of Completion for Sycamore Heights subdivision, located at the northeast corner of Ferguson Avenue and Akers Street, containing 91 residential lots.
Prepared by:
Sarah MacLennan, Assistant Engineer, [email protected], (559) 713-4271 Adrian Rubalcaba, Sr. Project Manager, [email protected], (559)713-4507 Jason Huckleberry, Engineering & Building Department Director, [email protected] , (559) 713-4495 Department Recommendation:
Staff recommends that City Council authorize the filing of a Notice of Completion for Sycamore Heights subdivision.
Summary:
All of the required improvements for this subdivision have been completed and are ready for acceptance by the City Engineer. Sycamore Heights subdivision was developed by Presidio JJR Morgan Sycamore Ranch 92, LLC, and contains 91 single family residential lots.
The developer has submitted a maintenance bond in the amount of $348,481.99 as required by the Subdivision Map Act, to guarantee the improvements against defects for one year. Staff recommends that authorization be given to file the Notice of Completion.
Background Discussion:
The City Council authorized the recording of the final map for Sycamore Heights subdivision on August 14, 2024. All bonds and cash payments, as identified in the subdivision agreement, were received by the City at that time. As required by the subdivision ordinance, a maintenance bond valued at 10% of the cost of the public improvements has been submitted prior to recording of the Notice of Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement.
Fiscal Impact: By authorizing this Notice of Completion, the City of Visalia will incorporate the identified public improvements into normal routine maintenance plans and procedures following the one-year maintenance period. This will have a nominal adverse effect on the fund that provides such maintenance.
Prior Council Action:
On August 16, 2024 Council authorized the recordation of Sycamore Heights final map, and the formation and assessment of Landscape and Lighting District 24-03 “Sycamore Heights”.
Visalia City Council Page 1 of 2 Printed on 8/14/2025
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File #: 25-0361 Agenda Date: 8/18/2025 Agenda #: 17.
On June 10, 1987 Council authorized the use of landscape maintenance assessment districts per the Landscape and Lighting Act of 1972 for maintaining common area features that are a special benefit and enhance subdivisions.
Other: N/A
Alternatives: No alternatives are provided.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of the Notice of Completion for Sycamore Heights subdivision.
Environmental Assessment Status: Complete
CEQA Review: Negative Declaration No. 2021-02
Deadline for Action: 8/18/2025
Attachments:
1. Aerial Map
2. Final Map
3. Development Disclosure
Visalia City Council Page 2 of 2 Printed on 8/14/2025
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0 250 500
Feet
±
Coordinate System: WGS 1984 Web Mercator Auxiliary Sphere 2024
Nearmap US, City of Visalia, Fresno County Dept. PWP, California State Parks, Esri, TomTom, Garmin, SafeGraph, FAO, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USFWS, Esri, NASA, NGA, USGS Aerial Map
TSM 5577
N
A
kers St
W Wren Ave
N
W Wren Ave
Park
wood
St
W Modoc Ave
W Delaware Ave
W Wren Ct
N
A
kers
St
W Ferguson Ave
W Lakewood
W Bue
Dr
na Vista Ave
W Perez Ave
N
Maselli St
W Wren Ave
W Oakridge Ct
N
Kent St
N
Kent St
W Oriole Ave
W Modoc Ct
W Vine Ave
W Ceres Ct
N
Kent St
N
A
k
e
r
s
S
t
W Ferguson Ave
Akers
Crenshaw
Salierno
Perez
Buena Vista
Ferguson
Lakewood
Vine
Kent
Sunnyview
Parkwood
Crenshaw
Bordeaux BuenaVista Maselli
Lakewood Teddy
Kent
Modoc
Cabernet
Delaware
Vine
Chablis
Delaware
Rancho Santa Barbara
Tamarack
Lakewood
Oakridge
Teddy
Vine
Kent
FergusonMaselli
Oriole
Noyes
Wren
ModocKent
Oriole
Noyes
Oakridge
Modoc
Merlot
Chardonnay
Wren
Babcock
Oriole
Clinton
Ceres
Kent
Vine
Crystal
Wren
SUBJECT
PROPERTY
383
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM SURVEYOR'S STATEMENT: CITY SURVEYOR'S STATEMENT: CITY CLERK'S STATEMENT: OWNER'S STATEMENT: RECORDER'S STATEMENT: LANDSCAPE & LIGHTING ASSESSMENT DISTRICT: VICINITY MAP: CITY PLANNER'S STATEMENT: BOARD OF SUPERVISOR'S STATEMENT: SITE LOCATION FLOOD HAZARD NOTE: VERTICAL DATUM NOTE: NOTARY ACKNOWLEDGMENT: BENEFICIARY STATEMENT: NOTARY ACKNOWLEDGMENT:
384
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1819 2021222324252627282930323133 34 35 36 39 38 37 44 45 46 47 48 54 53 52 51 50 49 5556 57 58 59 60 61 62 68 67 66 65 64 63 6970 71 72 73 74 75 76 82 81 80 79 78 77 89 88 87 86 85 84 83 91 90 41 40 42 43 2627 2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727 TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM LEGEND: BASIS OF BEARINGS: MONUMENTATION NOTE: BABCOCK SUNNYVIEW COURT OAKRIDGE COURT DELAWARE AVENUE
HILTON STREET
WEST FERGUSON AVENUE
NORTH AKERS STREET
CRENSHAW
STREET
NOYES STREET OUTLOT B 1790 S.F. OUTLOT C 3996 S.F. OUTLOT D 4268 S.F. OUTLOT A 2064 S.F.
OAKWOOD
STREET BABCOCK COURT
LAKEWOOD
STREET DETAIL 'A' SCALE: 1" = 40' AVENUE 91 OUTLOT BDETAIL 'B' SCALE: 1" = 40' DETAIL 'C' SCALE: 1" = 60' 385
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
386
2985 N. BURL AVENUE SUITE 101 FRESNO, CA 93727
TEL: (559) 244-3123 WEBSITE: YANDHENGR.COM
NORTH AKERS STREET
WEST FERGUSON AVENUE
387
388
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0353 Agenda Date: 8/18/2025 Agenda #: 1.
Agenda Item Wording:
Authorization to Amend the Measure N Spending Plan - Conduct the first of two Public Hearings to amend the Measure N Spending Plan to increase allocated funds for the modernization of elevators within both parking structures and Fire Station 52.
Prepared by: Donny MacLennan, Building Maintenance Superintendent 713-4525; [email protected] Alvin Dias, Parks and Facilities Manager 713-4564; [email protected] Jason Glick, Parks and Recreation Director 713-4042; jason.glick@visalia Department Recommendation: Conduct the first of two Public Hearings to amend the Measure N Spending Plan to appropriate an additional $519,638 for the modernization of elevators within both parking structures and Fire Station 52. The second public hearing is scheduled for September 8, 2025.
Summary:
Measure N, the ½ cent sales tax that began April 1, 2017, requires the City to conduct two Public Hearings before amending the 2025/26 spending plan to appropriate additional funds for the modernization of elevators within both parking structures and Fire Station 52. The cost of the amendment is $519,638.
On August 4, 2025, the City Council voted unanimously to allow staff to initiate the Measure N amendment process to approve change orders 1 through 3 with TK Elevator in the amount of $199,306 and appropriate $519,638 for FY 2025/26.
On August 11, 2025, City Staff met with the Measure N Committee and presented the recommended amendment, including a detailed summary of the request, the increased budget, and why the increases were necessary. Upon being presented with the proposed amendment and appropriation, the committee was provided with an opportunity for comments. Upon accepting the motion, the committee recommended approval of this item.
Background Discussion:
Measure N serves as the funding source to repair buildings. These projects are typically roof repairs, HVAC replacements, and large miscellaneous repairs to City facilities. The City currently operates thirteen (13) elevators at various facilities. There are two (2) elevators within the West Acequia Parking Structure (located across from the Hospital), one (1) at the East Acequia Parking Structure (located across from City Hall East), and one (1) at Fire Station 52 (located at 2224 W. Monte Vista).
Of these elevators only one elevator is currently operational at West Acequia Parking Structure. The other three (3) elevators have experienced operational failures and have been out of service for almost a year due to part manufacturing, repair personnel availability and the time involved in design.
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File #: 25-0353 Agenda Date: 8/18/2025 Agenda #: 1.
On November 18, 2024, Council awarded a contract to TK Elevator for $804,013 to modernize the four elevators by doing a major overhaul on them. Over the last six months, TKE has been manufacturing components for the elevators. Since the contract award, tariffs have been put in place by the Federal Government causing an increase in material costs by $10,000 (change order #1). In addition, it was discovered that the insulation inside the hydraulic tank of the south elevator at the West Acequia Parking Structure had separated and contaminated the hydraulic oil, destroying the hydraulic control valve. The cost for the removal and installation of new hydraulic tanks is $90,000 (change order #2)
Staff is also anticipating a third change order for the replacement and relocation of the elevator hydraulic line at Fire Station 52 for an estimated cost of $100,000 (potential change order #3). TK Elevator will need to install the new hydraulic ram to test the existing hydraulic line. It is hopeful that the line is functional, but if the line fails the pressure test, the City will need to install a new hydraulic line across the building from the machine room to the elevator.
TKE has also informed staff that the Fire, Life, Safety systems will need to be updated to meet the current building code. This update will be completed by another vendor who coordinates with TKE.
Staff are also requesting a 10% construction contingency for any unforeseen issues that may arise.
The East Parking Structure was built in 2001 (24 years old) and the West Parking Structure was built in 2007 (18 years old). Both the Parking Structures have been experiencing equipment failures, costly repairs, and many of the replacement parts have become obsolete. Staff have been working with TK Elevators for the past several years to keep the elevators functional and in compliance with the State of California regulations. This has led to costly repairs and the elevators to be down for long periods of time until replacement parts could be located. The non-functioning elevators have become more frequent as the elevators continue to age and have become especially noticeable at the West Acequia Parking Structure due to the high-volume use for Kaweah Health patients and staff.
There are two (2) elevators within the West Acequia Parking Structure and one (1) at the East Acequia Parking Structure. Of these elevators only one elevator is currently operational at West Acequia Parking Structure and continues require maintenance to resolve functional issues. The other two (2) elevators have experienced operational failures and have been out of service for several months.
Fire Station 52 was built in 1995 and is 30 years old. The elevator has been non-operational since April 2024 after failing the State required load test. During this time, TK Elevators discovered that the hydraulic ram that lifts and lowers the elevator cart was failing and would need to be replaced for the elevator to pass inspection and be operable for use. This is a costly repair due to the design of the system.
To get the three elevators operational (2 at parking structures + 1 at Station 52) and modernize the one functional elevator, Council awarded a contract to TK Elevator for $804,013 to modernize the four elevators by doing a major overhaul on them in November 2024. Over the last six months, TKE has been manufacturing components for the elevators. Since the contract award, material costs have been documented to have increased by $10,000 (change order #1). In addition, it was discovered that the insolation inside the hydraulic tank of the south elevator at the West Acequia Parking Structure had separated and contaminated the hydraulic oil, destroying the hydraulic control valve.
During the original evaluation of the elevators the hydraulic tanks were in good condition. The cost for Visalia City Council Page 2 of 4 Printed on 8/14/2025
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File #: 25-0353 Agenda Date: 8/18/2025 Agenda #: 1.
the removal and installation of new hydraulic tanks is $90,000 (change order #2) Staff is also anticipating a third change order (change order #3) for the replacement and relocation of the elevator hydraulic line at Fire Station 52. The existing hydraulic line runs under the concrete bays and is directly buried in the soil. TK Elevator will need to install the new hydraulic ram to test the existing hydraulic line. It is hopeful that the line is functional, but if the line fails the pressure test, we will need to install a new hydraulic line across the building from the machine room to the elevator.
The estimated cost for this change order is $100,000. These three change orders total $199,306.
In addition, TKE has informed staff that the Fire, Life, Safety systems will also need to be updated to meet the current building code. The System will need to be updated for the three non-operating elevators plus the one functional at the West Parking Structure. This work will need to be performed by another vendor who will coordinate with TKE. Staff are currently receiving quotes from our current vendor for the system upgrade. If the price is more than $100,000, staff will return to Council for the award. This does not need to be approved by the Measure N Committee, just the budget amendment.
Measure N Budget Amendment Process:
• Recommendation to City Council to make changes and present them to the Measure N Committee;
• Staff receives comments by Committee;
• Staff conducts two public hearings at regular Council Meetings to consider amendments.
Staff is requesting that the Council proceed with the Measure N process and conduct the first public hearing in order to continue with the Measure N budget amendment process for the three change orders, Safety System upgrades, and a 10% construction contingency for any unforeseen issues that may arise totaling $519,638.
Any remaining funds at the completion of the elevator modernization project would be disbursed back to the Measure N funds.
Fiscal Impact: During the 2024/25 Budget process, Council approved a $1.18 million capital project in the Measure N Fund for Building Maintenance. This project is used for roof repairs, HVAC replacements, and large miscellaneous repairs to City facilities.
The life expectancy of an elevator is now twenty years. Based on the age of the elevators and ongoing issues, staff had included the elevator repairs in the budget to be performed in phases, starting with the two (2) elevators at the West Acequia Parking Structure in FY 24-25, and the one (1) elevator at the East Acequia Parking Structure to be completed in FY 25-26. Fire Station 52 was not originally included in the budget due to not having any major issues. To stay within the elevator budget, Station 52 was swapped with the second elevator in the West Parking Structure.
Staff are requesting to continue the Measure N amendment process to appropriate an additional $519,638 as shown in the table below.
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File #: 25-0353 Agenda Date: 8/18/2025 Agenda #: 1.
Modernization of elevators within both parking structures and Fire Station 52 Project
Current Budget $804,013
Change Order #1 - Tariff cost increase $9,306
Change Order #2 - Hydraulic Oil Reservoir Tanks (West Parking Structure) $90,000 Anticipated Change Order #3 - Hydraulic line replacement and relocation (Fire Station 52) $100,000 Fire, Life, Safety required upgrades - All elevators (estimate) $200,000 Construction Contingency (est.10%) $120,332
Total Estimated Project Costs $1,323,651
Total Additional Appropriation Request $519,638
Any remaining funds at the completion of the elevator modernization project would be disbursed back to the Measure N fund.
Prior Council Action: August 4, 2025 - Authorized staff to enter into Measure N Amendment Process and approved change orders 1 through 3 to TK Elevator.
June 17, 2024 - the City Council approved the appropriation of $310,000 in CIP CP0250 for the modernization of the elevators within the 300 E Acequia Parking Structure.
Other: None
Alternatives: Reject staffs request to conduct a public hearing and perform a second Request for Bids. This will delay the repairs and use of the elevators to reach the upper levels of the facilities.
Recommended Motion (and Alternative Motions if expected):
Conduct the first of two Public Hearings to amend the Measure N Spending Plan for an amendment to the current contract Plan to appropriate an additional $519,638 for the modernization of elevators within both parking structures and Fire Station 52.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/18/2025
Attachments: TK Elevator Tariff Change Order #1, TK Elevator Hydraulic Tanks Change Order #2 Visalia City Council Page 4 of 4 Printed on 8/14/2025
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Subcontract Change Order Request Date:
This request for a formal Change Order is made for the above-referenced Contractor and specifically intends to modify and amend the work, price and/or terms set forth in above-referenced Subcontract as follows:
An additional sum of $ shall be added to the contract price in connection with import charges passed on to TK Elevator by its suppliers as a consequence of new and/or increased government-mandated tariffs. acknowledges and agrees to issue a formal, signed change order to TK Elevator covering this additional amount prior to the release or procurement of any affected materials.
This escalation applies solely to tariff-related increases.
Total Amount of this Change Order to be added to the contract price: $ In the event of any conflict between the work, price and/or terms and conditions of the above-referenced Subcontract or prior change orders thereto and this Change Order, this Change Order shall be final. Please sign two (2) copies of this Change Order and return two (2) copies to TK Elevator. A fully executed copy of this Change Order will be returned to you for your files.
Signed Acceptance:
By signing this Change Order where indicated below, the Contractor’s signatory hereby acknowledges (a) that the Contractor agrees to all of the terms and conditions contained herein, (b) that the signatory has the authorization necessary to bind the Contractor to agreements of this nature, and (c) that this form is valid and binding notwithstanding any conflicts with procedures and/or forms required by the original Subcontract referenced above which are deemed to have been waived.
This change order/notice scope of work requires the anticipated or current project schedule, and associated time frames, to be adjusted commensurate with the time necessary for the engineering, material procurement and additional labor. TK Elevator will provide a revised project schedule on expedited schedule change order/notice scope of work to the purchaser upon request.
Subcontractor:
TK Elevator Corporation
Contractor:
By: Date Date: :
Title
:
By:
Title:
PROJECT NUMBER:
CONTRACT DATE:
CHANGE ORDER NUMBER:
PROJECT NAME:
PROJECT ADDRESS:
CONTRACTOR NAME:
CONTRACTOR ADDRESS:
SUBCONTRACTOR NAME:
SUBCONTRACTOR ADDRESS:
TK Elevator Corporation
Title:
Date:
393
Subcontract Change Order Request Date: 06/09/2025
This request for a formal Change Order is made for the above-referenced Contractor and specifically intends to modify and amend the work, price and/or terms set forth in above-referenced Subcontract as follows:
This change order covers the material and labor to replace the (2) Schindler Tank units, Rupture/Overspeed/Shutoff Valves for 222 Acequia Parking Garage.
City Of Visalia agrees to issue a formal change order to TK Elevator for the described work before any associated material will be ordered and labor will be scheduled.
Total Amount of this Change Order to be added to the contract price: $90,000.00 In the event of any conflict between the work, price and/or terms and conditions of the above-referenced Subcontract or prior change orders thereto and this Change Order, this Change Order shall be final. Please sign two (2) copies of this Change Order and return two (2) copies to TK Elevator. A fully executed copy of this Change Order will be returned to you for your files.
Signed Acceptance:
By signing this Change Order where indicated below, the Contractor’s signatory hereby acknowledges (a) that the Contractor agrees to all of the terms and conditions contained herein, (b) that the signatory has the authorization necessary to bind the Contractor to agreements of this nature, and (c) that this form is valid and binding notwithstanding any conflicts with procedures and/or forms required by the original Subcontract referenced above which are deemed to have been waived.
This change order/notice scope of work requires the anticipated or current project schedule, and associated time frames, to be adjusted commensurate with the time necessary for the engineering, material procurement and additional labor. TK Elevator will provide a revised project schedule on expedited schedule change order/notice scope of work to the purchaser upon request.
Subcontractor: Contractor:
TK Elevator Corporation City Of Visalia
By: Edward Werley Date: 06/09/2025 By: Donny MacLennan Date:
Title
:
MANAGER - PROJECT III, FIELD
OPERATIONS
Title: Facilities Superintendent, Building
Maintenance
PROJECT NUMBER: 276183
CONTRACT DATE: 1/6/2025
CHANGE ORDER NUMBER: 1
PROJECT NAME: DOWNTOWN PKG & FIRE STATION 52
PROJECT ADDRESS: 2224 W MONTE VISTA
VISALIA, CA, 93277-7227
CONTRACTOR NAME: City Of Visalia
CONTRACTOR ADDRESS: 336 N Ben Maddox Way
Visalia, CA, 93292
SUBCONTRACTOR NAME: TK ELEVATOR CORPORATION
SUBCONTRACTOR ADDRESS: 940 Riverside Pkwy, Ste 20
West Sacramento, CA, 95605
394
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0251 Agenda Date: 8/18/2025 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meetings
Tuesday, August 19, 2025 @ 6:00 p.m. Special Joint Meeting with Visalia City Council and Visalia Planning Commission at Visalia Convention Center, 303 E. Acequia Tuesday, September 2, 2025 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
Visalia City Council Page 1 of 1 Printed on 8/7/2025
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