CONSULTANT shall not be responsible for delays which are due to causes beyond the CONSULTANT’s reasonable control. In the case of any such delay, the time of completion shall be extended accordingly in a writing signed by both parties.
III. COMPENSATION
A. Total Compensation: For services performed pursuant to this Agreement, the CITY agrees to pay and the CONSULTANT agrees to accept, an amount up to _______________________________________ dollars ($ ) as shown in Exhibit “B”.
This amount shall constitute complete compensation, including document production and outof-pocket expenses for all services for the work and PROJECT identified in Exhibits “A” and “B”. CONSULTANT agrees these amounts, as authorized, will constitute complete compensation, including document production and out-of-pocket expenses, for services authorized by CITY for the PROJECT per the Scope of Work, Project Fees, and Schedule identified in Exhibit “A”, “B”, and “C”, respectively. No other compensation is authorized by this Agreement without separate written amendment.
B. Payment of Compensation: The CONSULTANT shall be compensated no more than monthly, based on percentage of work of each noted phase completed to date. The CONSULTANT shall be paid no later than thirty (30) days following submission of a written, verified billing to the CITY. Said billing shall include the percentage of each task completed to date and since the date of the preceding billing, if any.
IV. AUTHORIZED REPRESENTATIVE
A. CITY: The _____________________ shall represent the CITY in all matters pertaining to the services to be rendered under this Agreement, except where approval of the City Council of the City of Visalia is specifically required.
B. CONSULTANT: ______________ shall represent and act as principle for CONSULTANT in all matters pertaining to the services to be rendered by it under this Agreement.
V. TERMINATION
The right to terminate this Agreement, with or without cause, may be exercised without prejudice to any other right or remedy to which the terminating party may be entitled at law or under this Agreement.
A. Termination By Either Party Without Cause: The CITY or CONSULTANT may terminate this Agreement at any time by giving written notice to the other of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination.
B. Termination of Agreement for Cause: The CITY may by written notice to the CONSULTANT specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination, terminate the whole or any part of this Agreement in any of the following circumstances:
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1. If the CONSULTANT fails to perform the services called for by this Agreement within time(s) specified herein or any extension thereof; or
2. If the CONSULTANT fails to make progress under this Agreement as to endanger performance of this Agreement in accordance with its terms, and does not correct such failure within a period of XXX (XX) days (or longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
C. Post-Termination:
1. In the event the CITY terminates this Agreement with or without cause, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those terminated.
2. Except with respect to defaults of sub-consultants, the CONSULTANT shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of the CONSULTANT. Such causes include, but are not limited to, acts of God or of the public enemy, floods, epidemics, quarantine restrictions, strikes, and unusually severe weather; but in the event the failure to perform is caused by the default of a sub-consultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the sub-consultant were obtainable from other sources in sufficient time and within budgeted resources to permit the CONSULTANT to meet the required delivery schedule or other performance requirements.
3. Should the Agreement be terminated with or without cause, the CONSULTANT shall provide the CITY with all finished and unfinished documents, data, studies, services, drawings, maps, models, photographs, reports, etc., prepared by the CONSULTANT pursuant to this Agreement.
4. Upon termination, with or without cause, CONSULTANT will be compensated for the services satisfactorily completed to the date of termination according to compensation Provisions contained herein. In no event, shall the total compensation paid CONSULTANT exceed the total compensation agreed to herein.
5. If, after notice of termination of this Agreement, as provided for in this article, it is determined for any reason that the CONSULTANT was not in default under the provisions of this article, then the rights and obligations of the parties shall be the same as if the Agreement was terminated without cause.
6. Termination of this Agreement shall not terminate any obligation to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports of pre-termination activities.
VI. INTEREST OF OFFICIALS AND THE CONSULTANT
A. No officer, member, or employee of the CITY who exercises any functions or responsibilities in the review or approval of this Agreement shall:
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1. Participate in any decision relating to this Agreement which effects his personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or
2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his tenure or for one year thereafter.
B. The CONSULTANT hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this Agreement. The CONSULTANT further covenants that in the performance of this work, no person having any such interest shall be employed.
VII. NO PERSONNEL, AGENCY OR COMMISSION
The CONSULTANT warrants, by execution of this Agreement, that no personnel agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
VIII. SUBCONTRACTING
A. The CONSULTANT shall not subcontract or otherwise assign any portion of the work to be performed under this Agreement without the prior written approval of the CITY.
B. In no event shall the CONSULTANT subcontract work in excess of 50% of the contract amount, excluding specialized services. Specialized services are those items not ordinarily furnished by a consultant performing the particular type of project.
IX. INDEPENDENT CONTRACTOR
In the performance of the services herein provided for, the CONSULTANT shall be, and is, an independent contractor and is not an agent or employee of the CITY. The CONSULTANT has and shall retain the right to exercise full control and supervision of all persons assisting the CONSULTANT in the performance of said services hereunder. The CONSULTANT shall be solely responsible for all matters relating to the payment of its employees including compliance with social security and income tax withholding and all other regulations governing such matters.
X. SPECIFICATIONS
All specifications, manuals, standards, etc., either attached to this Agreement or incorporated by reference, are binding as to the performance of the work specified in this Agreement unless they are changed by written amendment to this Agreement modified in writing to incorporate such changes.
XI. DOCUMENTS/DATA
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A. Ownership of Documents: All original papers and documents, produced as a result of this Agreement, shall become the property of the CITY. In addition, CITY shall be provided with access and use of any other papers and documents consistent with the purpose and scope of services covered by this Agreement. Any additional copies, not otherwise provided for herein, shall be the responsibility of the CITY.
Documents, including drawings and specifications, prepared by CONSULTANT pursuant to this Agreement, are not intended or represented to be suitable for reuse by CITY or others on extensions of the PROJECT or on any other project. Any use of the completed documents for other projects and any use of incomplete documents without the specific written authorization from CONSULTANT will be at CITY’s sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT’s deliverables under this Agreement by CITY or persons other than CONSULTANT is waived as against CONSULTANT, and the CITY assumes full responsibility for such changes unless the CITY has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.
B. Publication: No report, information, or other data given or prepared or assembled by the CONSULTANT pursuant to this Agreement, shall be made available to any individual or organization by the CONSULTANT without the prior written approval of the CITY.
Notwithstanding the foregoing, however, the CONSULTANT shall not be required to protect or hold in confidence and confidential information which (1) is or becomes available to the public with the prior written consent of the CITY; (2) must be disclosed to comply with law; or (3) must be disclosed in connection with any legal proceedings.
C. Copyrights: The CONSULTANT shall be free to copyright material developed under this Agreement with the provision that the CITY be given a nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the material for government or public purposes. Should CONSULTANT place a copyright notice on documents it must state, “City of Visalia holds a nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use the material for government or public purposes.”
XII. INDEMNIFICATION AND INSURANCE
As respects acts, errors, or omissions in the performance of services, CONSULTANT agrees to indemnify and hold harmless CITY, its elected and appointed officers, and employees from and against any and all claims, demands, losses, reasonable defense costs, or liability, whether actual, alleged, or threatened, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the CONSULTANT in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY.
A. CITY agrees to indemnify and hold harmless CONSULTANT, its officers, employees, and designated volunteers from and against any and all losses, defense costs, or liability to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.
B. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and 189
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automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, agents, employees, representatives, and volunteers from and against any and all claims, demands, reasonable defense costs, or liability of any kind or nature arising out of or in connection with CONSULTANT’s (or CONSULTANT’s subcontractors, if any) performance or failure to perform, under the terms of this Agreement; except to the extent those which arise out of the negligence of CITY.
C. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the CITY nor the CONSULTANT, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any remote or speculative breach of contract damages that the breaching party could not have reasonably foreseen when entering into this Agreement. To the extent this Agreement is considered a “Construction Contract” as defined by California Civil Code section 2783, CONSULTANT’s duty to indemnify CITY under this or any other provision of the Agreement shall not apply when to do so would be prohibited by California Civil Code section 2782.
D. Without limiting CITY’s right to indemnification, it is agreed that CONSULTANT shall secure prior to commencing any activities under this Agreement, and maintain during the term of this Agreement, insurance coverage as follows:
1. Workers’ compensation insurance as required by California statues.
2. Commercial general liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products and Completed Operations Liability, Broad Form Property Damage (if applicable), Independent Contractor’s Liability (if applicable).
3. Professional liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
4. Comprehensive Automobile Liability coverage with a combined single limit of not less than One Million Dollars ($1,000,000) per occurrence. Such insurance shall include coverage for owned, hired, and non-owned automobiles and shall be provided by a business automobile policy.
E. CITY’S Risk Manager is hereby authorized to reduce the requirements set forth above in the event he/she determines that such reduction is in the CITY’S best interest.
F. CONSULTANT agrees to provide thirty (30) days written notice of any policy cancellation, limitation in scope or coverage, or non-renewal. Such notice shall be provided to the, City of Visalia, 707 W. Acequia, Visalia, CA 93291.
In addition, the commercial general liability and comprehensive automobile liability policies required by this Agreement shall contain the following clauses:
“It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.” 190
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“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.” G. Prior to commencing any work under this Agreement, CONSULTANT shall deliver to CITY insurance certificates confirming the existence of the insurance required by this Agreement, and including the applicable clauses referenced above. Within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide to CITY endorsements to the above-required policies, which add to these policies the applicable clauses referenced above. Said endorsements shall be signed by an authorized representative of the insurance company and shall include the signatory’s company affiliation and title. Should it be deemed necessary by CITY, it shall be CONSULTANT’s responsibility to see that CITY receives documentation acceptable to CITY which sustains that the individual signing said endorsements is indeed authorized to do so by the insurance company. CITY has the right to demand, and to receive within a reasonable time period, copies of any insurance policies required under this Agreement.
H. In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; or
2. Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or
3. Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT’s or its subcontractor’s performance of the work covered under this Agreement.
XIII. NON-DISCRIMINATION
CONSULTANT and all subcontractors shall not discriminate against any employee or applicant for employment on the basis of race, color, national origin, or sex in the performance of this Agreement. The CONSULTANT shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.
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IV. MISCELLANEOUS PROVISIONS
A. 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.
B. Asbestos and Hazardous Materials: In providing its services hereunder, CONSULTANT shall not be responsible for identification, handling, containment, abatement, or in any other respect, for any asbestos or hazardous material if such is present in connection with the PROJECT. In the event the CITY becomes aware of the presence of asbestos or hazardous material at the jobsite, CITY shall be responsible for complying with all applicable federal and state rules and regulations, and shall immediately notify CONSULTANT, who shall then be entitled to cease any of its services that may be affected by such presence, without liability to CONSULTANT arising therefrom.
C. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
D. Prohibition of Assignment: Neither the CITY nor CONSULTANT shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
E. Dispute/Governing Law: Any dispute not resolvable by informal arbitration between the parties to this Agreement shall be adjudicated in a Court of Law under the laws of the State of California.
F. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONSULTANT, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
G. 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 that State. 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 CONSULTANT 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.
H. Integration/Modification: This Agreement and each of the exhibits referenced herein, which are incorporated by reference, represents the entire understanding of the CITY and the CONSULTANT 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 CITY and the CONSULTANT.
CITY OF VISALIA
707 W. Acequia Ave.
Visalia, CA 93291
Attention: City Clerk
CONSULTANT
_____________________________
_____________________________
(Attention)
_____________________________
Phone:_______________________
Email:________________________
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I. 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.
J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
K. Construction: This Agreement is the product of negotiation and compromise on the part of each party and the parties agree, notwithstanding Civil Code Section 1654, that in the event of uncertainty the language will not be construed against the party causing the uncertainty to exist.
L. Authority: Each signatory to this Agreement represents that it is authorized to enter into this Agreement and to bind the party to which its signature represents.
M. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
N. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CITY OF VISALIA CONSULTANT
___________________________ ___________________________ City Manager
Approved as to Form
__________________________________
City Attorney
_________________________________
Risk Manager
_________________________________
Project Manager
Exhibit “A”: Accepted Scope of Work as Negotiated by the City and the Consultant Exhibit “B”: Accepted Project Schedule and Fee as Negotiated by the City and the Consultant Exhibit “C”: Consultant Schedule of Fees
193
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0340 Agenda Date: 8/18/2025 Agenda #: 8.
Agenda Item Wording:
Authorize State Transit Grant Applications and Appropriation of Funds - Authorization to submit two (2) grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of $215,000 and Travel Training in the amount of $110,000 for the total amount of $325,000, and appropriate the funds if awarded and received. Section 5310 (Resolution No. 2025-62 required)
Deadline for Action: 8/18/2025
Submitting Department: Administration - Transit Division Contact Name and Phone Number:
Carmen Quevedo, Financial Analyst, [email protected], (559)713-4592 Angelina Baker, Transit Manager, [email protected], (559)713-4591 John Lollis, Assistant City Manager, [email protected], (559)713-4323 Department Recommendation:
Staff recommends that the City Council authorize the City Manager or designee to submit two (2) grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of $215,000 and Travel Training in the amount of $110,000 for the total amount of $325,000, and if awarded, accept and appropriate the grant funds. Section 5310 Resolution No. 2025-62 required.
Summary: The overall purpose of the City of Visalia’s transit program is to increase mobility opportunities for all citizens of the greater Visalia Urbanized Area (UZA), aid in improving air quality in the region, and reduce traffic congestion. The transit programs provide a level of intracity service that meets the needs of the transit dependent in Visalia and provides service to and from important destination points, which encourages transit use as a viable commute alternative.
Visalia Transit serves Visalia, Goshen, Farmersville, Exeter and the Tulare City transit center. There are thirteen (13) fixed standard transit routes, an ADA demand response service, a special youth center route, V-LINE, Visalia Connect microtransit, and five (5) seasonal routes to and within the Sequoia and Kings Canyon National Park.
If awarded, the grant funds will be used to continue operating the Green Line Call Center and Travel Training programs. Currently there are two (2) full-time staff members dedicated to the call center and one (1) full-time staff member dedicated to the Travel Training program. Public outreach throughout Tulare County has been provided and will continue to be provided to increase awareness and maximize the use of the Green Line Call Center.
These are one-year grants that can be used over multiple years. Transit staff is proposing to submit Visalia City Council Page 1 of 3 Printed on 8/14/2025
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two (2) applications to the same granting agency, which is allowed and has been done in previous applications. While historically there has not been a need for a local match since there were Transportation Development Credits, also known as Toll Credits, this cycle does require a twenty percent (20%) local match which will come from Local Transportation Funds (LTF). Further, staff anticipates these grants to not fully cover the expenses and the balance will come from other Transit Operational revenue.
Background Discussion:
Programs:
The Call Center and Travel Training programs will continue to provide increased access to transit information to the general public with specific focus on added time to assist the elderly and disabled bus riders. Both programs are utilized to assist passengers both on the phone via information and inperson for bus rider training. Since inception, there have been an increasing number of calls requesting information about multiple transit services. The intent of these programs is to be a one stop shop for countywide transit questions.
The Green Line Call Center is designed to provide information Countywide regarding all transit systems and how to use them, including how to use multiple systems to reach a destination. The Travel Training program provides outreach in Tulare County for citizens to learn about Transit services. Visalia Transit staff go out into the community to educate citizens about Visalia Transit services and will show them how to use the Public Transportation system.
Prior Year Grant Utilization:
The City of Visalia has been successful in receiving funding for the Green Line Call Center since implementation in 2009 and the Travel Training program implementation in 2016 through fiscal year 2024. The following table depicts the number of calls and events attended per prior fiscal years:
Fiscal Year FY 2020 FY 2021* FY 2022* FY 2023 FY 2024
Call Center Calls 19,186 9,768 11,348 9,714 15,482
Travel Training Events 34 2 7 20 26
*Drop in calls/events due COVID-19
Prior funding, before FY2020, was through the Job Access and Reverse Commute (JARC) and the New Freedom (NF) grant programs. Those programs are no longer available. In fiscal year 2017, Local Transportation Funds (LTF) and assistance from the other Tulare County Transit providers were used to cover the Green Line Call Center expenses.
The following table shows the breakdown of drawdowns from previous grant awards for both programs. The amount changes year over year depending on availability within the fund.
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Grant Funded $ 370,591 $ 175,602 $ 238,055 $ 176,709 $ 228,862 Expenditure $ 370,591 $ 175,602 $ 238,055 $ 208,373 $ 208,394 Short Fall $ - $ - $ - $ (31,664) $ 20,468
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Grant Funded $ 29,475 $ 85,590 $ 85,735 $ 62,907 $ 68,696 Expenditure $ 29,475 $ 85,590 $ 98,517 $ 100,595 $ 112,751 Short Fall $ - $ - $ (12,782) $ (37,688) $ (44,055)
Travel Training
Visalia 5310 Funding
Call Center
Visalia City Council Page 2 of 3 Printed on 8/14/2025
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File #: 25-0340 Agenda Date: 8/18/2025 Agenda #: 8.
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Grant Funded $ 370,591 $ 175,602 $ 238,055 $ 176,709 $ 228,862 Expenditure $ 370,591 $ 175,602 $ 238,055 $ 208,373 $ 208,394 Short Fall $ - $ - $ - $ (31,664) $ 20,468
FY 2020 FY 2021 FY 2022 FY 2023 FY 2024
Grant Funded $ 29,475 $ 85,590 $ 85,735 $ 62,907 $ 68,696 Expenditure $ 29,475 $ 85,590 $ 98,517 $ 100,595 $ 112,751 Short Fall $ - $ - $ (12,782) $ (37,688) $ (44,055)
Travel Training
Visalia 5310 Funding
Call Center
Fiscal Impact:
No additional fiscal impact beyond what is already indicated within this report.
Prior Council Action:
September 18, 2023 - City Council authorized the City Manager to submit two (2) grant applications, including the Regional Transit Green Line Call Center for $149,393 and Travel Training in the amount of $60,000 for a total amount of $207,393.
Other: N/A
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager or designee to submit two (2) grant applications to the California Department of Transportation to fund the Regional Transit Green Line Call Center in the amount of 215,000 and Travel Training in the amount of $110,000 for the total amount of $325,000, and appropriate funds if awarded and received. Section 5310 Resolution No. 2025-62 required.
Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments: Section 5310 Resolution No. 2025-62
Visalia City Council Page 3 of 3 Printed on 8/14/2025
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RESOLUTION NO. 2025 - 62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA
AUTHORIZING THE FEDERAL FUNDING UNDER FEDERAL TRANSIT
ADMISTRATION SECTION 5310 (49 U.S.C. SECTION 5310) WITH
CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS, the U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital projects for nonurbanized public transportation systems under Section 5310 of the Federal Transit Act (FTA C9050.1G); and
WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5310 grants for transportation projects for seniors and individuals with disabilities; and WHEREAS, The City of Visalia desires to apply for said financial assistant to permit operation of paratransit service in Tulare County; and
WHEREAS, The City of Visalia has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that The City of Visalia does hereby authorize the City Manager and/or his Designee to file and execute applications on behalf of The City of Visalia with the Department to aid in the financing of capital/operating assistance/mobility management projects pursuant to Section 5310 of the Federal Transit Act (FTA C 9070.1G), as amended;
That the City Manager and/or his Designee is authorized to execute and file all certifications of assurances, contracts or agreements or any other document required by the Department;
That the City Manager and/or his Designee is authorized to provide additional information as the Department may require in connection with the application for the Section 5310 projects; and
That the City Manager and/or Designee is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5310 project/s. 197
PASSED AND ADOPTED: AUGUST 18, 2025, LESLIE CAVIGLIA, CITY CLERK
STATE OF CALIFORNIA)
COUNTY OF TULARE ) ss.
CITY OF VISALIA )
I, Leslie Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-62 passed and adopted by the Council of the City of Visalia at a regular meeting held on August 18, 2025.
Dated: August 18, 2025 Leslie Caviglia, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0342 Agenda Date: 8/18/2025 Agenda #: 9.
Agenda Item Wording:
Record Final Parcel Map - Authorize the recording of the final parcel map for Tentative Map No. 2024-07 located on Ferguson Avenue, 650 lineal feet east of Linwood Street. (APN: 077-190-015) Prepared by:
Jesus R. Carreno, Assistant Engineer, [email protected], (559)713-4268 Adrian Rubalcaba, Sr. 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 parcel map for Tentative Parcel Map No. 2024-07 located on Ferguson Avenue, 650 lineal feet east of Linwood Street.
Summary:
The final parcel map for Tentative Parcel Map No. 2024-07 is ready to record. The map will create 4 residential parcels. There are two existing single-family homes on the property that will occupy 2 of the 4 parcels, allowing future residential development of the remaining parcels. The parcels vary in size, ranging from 1.7 acres to 4.1 acres and are zoned R-1-5. All 4 parcels will take access from Ferguson Avenue via a shared access drive.
Background Discussion:
Tentative Parcel Map No. 2024-07 is a request to subdivide an existing 12-acre parcel into 4 singlefamily residential parcels. There are two existing single-family homes on the property that will occupy Parcels 2 & 4 of the map, with the remaining parcels to be developed in the future. The subdivision takes access from an existing drive approach on Ferguson Avenue. The map provides a common easement for reciprocal access, emergency access, and utilities to serve all parcels, and includes dedication of a small triangular segment for public right-of-way on Ferguson Avenue. All public improvements along the street frontage are existing.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel 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 parcel map pursuant to Section 16.24.080, and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.
Visalia City Council Page 1 of 2 Printed on 8/14/2025
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File #: 25-0342 Agenda Date: 8/18/2025 Agenda #: 9.
Fiscal Impact: None.
Prior Council Action: None.
Other: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recording of the final parcel map for Tentative Parcel Map No. 2024-07.
Environmental Assessment Status: Complete.
CEQA Review: Categorically exempt pursuant to CEQA Guidelines Section 15315, Categorical Exemption No. 2024-32
Deadline for Action: 8/18/2025
Attachments:
1. Final Parcel Map
2. Aerial Map
Visalia City Council Page 2 of 2 Printed on 8/14/2025
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W. FERGUSON AVE.
W RIGGIN AVE. RD. 104 N. DEMAREE ST. LINWOOD ST.
SITE N. AKERS ST.
OAKRIDGE CT. KERN ST.
CRYSTAL CT.
JOB NO. 24001
SHEET 1 OF 2 J:\Jobs\2024\24001\Dwg\FPM.dwg4/22/2025 12:56 PM
VICINITY MAP
TPM 2024-07
PARCEL MAP NO.
JUNE 2025
ENGINEER: LANE ENGINEERS, INC.
979 N. BLACKSTONE ST.
TULARE, CA 93274
PH. (559) 688-5263
OWNERS: STEVEN W. KING & HOLLIE A. KING
CORWYN D. OLDFIELD & LOIS L. OLDFIELD
4324 W. FERGUSON AVE.
VISALIA, CA. 93291
559-730-6910
SURVEYOR'S STATEMENT
A
L
TE OF CA
SE
L I CEN
D L AN
ST
D
NR
I FO
UR
S
O
R
VEY
I A
Benjamin R.
Mullins
No. 9227
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 CORWYN OLDFIELD ON JULY 29, 2024, AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE
CHARACTER AND OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.
BENJAMIN R. MULLINS, PLS 9227 DATE
CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE
SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.
MICHAEL E. LONG, PLS 6815, CITY SURVEYOR DATE
CITY PLANNERS' STATEMENT
I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON AUGUST 12, 2024.
BY: PAUL BERNAL,
PLANNING AND COMMUNITY PRESERVATION DIRECTOR / CITY PLANNER DATE
BY: _______________________________________
BOARD OF SUPERVISORS' STATEMENT
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TULARE,
STATE OF CALIFORNIA, DO HEREBY STATE THAT 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.
JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/
CLERK OF THE BOARD OF SUPERVISORS
DEPUTY
DATED THIS ____ DAY OF_________________, 20____.
RECORDER'S STATEMENT
DOCUMENT No.________________________________ FEE PAID:________________ FILED THIS ___________ DAY OF _________________________, 20_________, AT ______________________. M.
IN BOOK ____________ OF PARCEL MAPS, AT PAGE ____________, TULARE COUNTY RECORDS, AT THE REQUEST OF LANE ENGINEERS, INC.
TARA K. FREITAS, CPA,
TULARE COUNTY ASSESSOR/CLERK-RECORDER
BY: ____________________________________________
DEPUTY
FLOOD HAZARD ZONE X (SHADED, FULLY)
AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0930E) FOR COMMUNITY NO. 060409, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA, EFFECTIVE JUNE 16, 2009, THE PROPERTY SHOWN ON THIS MAP LIES FULLY WITHIN FLOOD ZONE AREA DESIGNATED ZONE X, (SHADED), WHICH ARE AREAS OF 0.2% ANNUAL CHANCE FLOODING, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE AVERAGE DEPTHS ARE LESS THAN 1 FOOT, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1% ANNUAL CHANCE FLOOD BY LEVEES.
OWNER'S STATEMENT
THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD
TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION
SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY.
WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:
1. RIGHT OF WAY FOR FERGUSON AVENUE IN FEE TO THE CITY OF VISALIA AS SHOWN HEREON.
2. RECIPROCAL ACCESS, FIRE ACCESS AND UTILITY EASEMENT FOR THE MUTUAL BENEFIT OF PARCELS 1 THROUGH 4 AS SHOWN HEREON.
3. RECIPROCAL ACCESS EASEMENT FOR TREE MAINTENANCE PURPOSES FOR THE MUTUAL BENEFIT OF PARCELS 1 THROUGH 4 AS SHOWN HEREON.
CORWYN D. OLDFIELD, TRUSTEE DATE
LOIS L. OLDFIELD, TRUSTEE DATE
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES
ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH
THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA/COUNTY OF TULARE
ON __________________, 20___, BEFORE ME: ____________________, NOTARY PUBLIC, PERSONALLY APPEARED: __________________________ & ____________________________
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S)
WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED
TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE
PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER 'PENALTY OF PERJURY' UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND:
SIGNATURE: ___________________________ __________________________________
PRINT NAME
DATE COMMISSION EXPIRES:__________________ COMMISSION NO. _____________ COUNTY OF PRINCIPAL PLACE OF BUSINESS:_________
NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C)
OF THE SUBDIVISION MAP ACT.
NOTARY ACKNOWLEDGEMENT
NO SCALE
THE WEST 12 ACRES OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 24 EAST, M.D.B.M., IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT AT THE DATE OF THE ISSUANCE OF THE PATENT THEREOF.
FOR: THE OLDFIELD FAMILY REVOCABLE TRUST OF SEPTEMBER 7, 2021 NOTE:
IMPROVEMENTS AND IMPACT FEES SHALL BE DEFERRED UNTIL SUCH A TIME THAT A BUILDING PERMIT IS ISSUED, OR UNLESS OTHER ARRANGEMENTS ARE MADE WITH THE LOCAL AGENCY.
CITY CLERK'S STATEMENT
THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE _____ DAY OF ______________, 20_____, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO APPROVING THIS MAP
AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC,
ACCEPTING, SUBJECT TO IMPROVEMENT, THE PUBLIC STREET,
ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AS SHOWN AND/OR STATED UPON THE MAP.
WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA THIS _____ DAY OF ________________, 20____.
LESLIE B. CAVIGLIA
CITY MANAGER/CITY CLERK
CHIEF DEPUTY CITY CLERK DATE
No. 6815
PROFESSIONAL LAND SURVEYO MI R
CHAEL E. LONG
IA N OR
L IF OF CA
ET ATS
EXP: 9-30-26
201
FERGUSON AVENUE
PARCEL MAP NO. 4041
REC. IN BK. 41 OF PARCEL MAPS,
AT PG. 45, T.C.R.
PARCEL 1
PARCEL 2
PARCEL MAP NO. 5268
REC. IN BK. 53 OF PARCEL MAPS,
AT PG. 75, T.C.R.
PARCEL 2
PARCEL 2
QUINTANA DE ORO
REC. IN VOL. 44 OF MAPS,
AT PG. 89, T.C.R. 58' 510.55 427.85 220.94 431.37 253.28 431.38
RECIPROCAL ACCESS, FIRE ACCESS
AND UTILITY EASEMENT, PER THIS MAP
(SHOWN HATCHED) AREA = 2.27 AC.
30' RECIPROCAL ACCESS EASEMENT FOR TREE
MAINTENANCE PURPOSES, PER THIS MAP
N89°31'05"W 394.77 (N89°31'05"W 394.77) N00°04'35"E 1331.78 (N00°04'35"E 1331.78) N89°16'29"W 223.28 S51°39'46"W 133.87 N89°16'29"W
66.30 N89°16'29"W 394.33
N89°16'29"W 394.02
46.5' 15'
E.F.P.U PER DOC. NO.
2012-0029894, O.R.T.C.R.
FINANCE PARCEL 1A PER DOC. NO.
1999-0047399, O.R.T.C.R.
20' EASEMENT FOR INGRESS, EGRESS AND PUBLIC
UTILITIES PER DOC. NO. 2021-0066317, O.R.T.C.R.
SOUTHERN CALIFORNIA EDISON COMPANY EASEMENT, PER
DOC. NO. 1998-0080458, O.R.T.C.R. (SHOWN CROSS-HATCHED) PARCEL MAP NO. 5373
REC. IN BK. 54 OF PARCEL MAPS,
AT PG. 81, T.C.R.
10 9 8
4 5 6 7
DELAWARE AVENUE RONO STREET 136.57
12" DEEP
238.89 (238.89)
LOS GATOS
REC. IN VOL. 43 OF MAPS,
AT PG. 25, T.C.R.
LOT 1
KAYENTA CROSSING SUBDIVISION
REC. IN VOL. 43 OF MAPS,
AT PG. 85, T.C.R.
87 86 85 84 83 82 81 80 79 78
46.50 S00°04'35"W 33.43
L=43.98, Δ=90°00'00", R=28.00
S00°04'35"W (R) 20.00
S35°41'55"E 137.50 80.39 S00°04'35"W 462.50
L=102.43
Δ=39°07'27" R=150.0
L=68.28
Δ=39°07'2
7" R=100.0
0 S00°04'35"W 65.05
102.56
30'
S89°55'25"E (R)
S50°57'08"W (R) 233.28
S89°55'25"E 290.20 82.00
S89°55'25"E 332.65
20'
12'
BASIS OF BEARINGS
655.09 (655.09)
SEE DETAIL TO RIGHT
393.85 (393.85)
S89°55'25"E (R) 1009.06 51'
S89°16'29"E 2620.36 (S89°16'29"E 2620.36)
SET BRASS TAG PLS 9227 AND
NAIL IN NEW SIDEWALK
SET BRASS TAG PLS 9227 & NAIL IN FENCE FOOTING
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 VICTORY OAKS - PHASE 1 SUBDIVISION REC. IN BK. 45 OF MAPS, AT PG. 25, T.C.R.
FD. 1/2" REBAR TAG'D LS 8468, 12" DEEP, .08' NORTH
OF SE CORNER OF PARCEL 3 OF THIS MAP,
ACCEPTED AS SW CORNER OF LOT 23 PER VICTORY
OAKS, PHASE 1. ALSO SET WITNESS CORNER ON
PROPERTY LINE AND 5' WEST OF TRUE CORNER,
1/2" REBAR, 6" DEEP, TAGGED 'WIT COR PLS 9227' 1313.44 (1313.44) N00°07'00"E 1333.44 (N00°07'00"E 1333.44) ((N00°06'57"E 1333.53)) FD. 1/2" REBAR TAG'D LS 8468, FLUSH,
ACCEPTED PER VICTORY OAKS, PHASE 1.
MONUMENT PER LS 36-58 NOT FOUND.
LOT A
20' EASEMENT FOR INGRESS, EGRESS AND PUBLIC
UTILITIES PER DOC. NO. 2021-0066317, O.R.T.C.R.
46.5'
32'
68.62 S00°04'35"W 235.23 S00°04'35"W 138.00 S89°55'25"E 14.50
WC LINWOOD STREET
CENTER SEC. 23-18-24
FD. 1 1/2" IRON BAR, NO TAG, 6" DEEP,
COUNTY TIE POINTS GONE. ACCEPTED
PER PARCEL MAP 5268, REC. IN BK. 53
OF PARCEL MAPS, AT PG. 75, T.C.R.
E1/4 COR. SEC. 23-18-24
FD. NAIL IN PATCH & 2' O/S'S. CHECKED 1 COUNTY
TIE PER CORNER RECORD DATED 11/16/1992. PER
RECORD OF SURVEY RECORDED IN BOOK 36 OF
LICENSE SURVEYS, AT PAGE 58, T.C.R DEMAREE STREET
L=144.55 (L=144.55)
Δ=3°11'08"
(Δ=3°11'08"
)
R=2600.00 (R=2600.00)
S05°38'09"E (R)
(S05°38'09"E (R))
S08°49'16"E (R)
(S08°49'16"E (R))
N89°16'29"W 11.59
(N89°16'29"W 11.59)
N89°16'29"W 154.95 20.00
PORTION OF FERGUSON AVENUE
DEDICATED TO THE CITY OF VISALIA IN FEE
SET BRASS TAG PLS 9227 AND
NAIL IN NEW SIDEWALK J:\Jobs\2024\24001\Dwg\FPM.dwg4/22/2025 12:56 PM 0 SCALE: 1" = 100'
100 50 100
BASIS OF BEARINGS
THE SOUTH LINE OF THE NE1/4 OF SEC. 23-18-24 BEARS S89°16'29"E PER RECORD OF SURVEY, REC. IN BK. 36 OF LICENSE SURVEYS, AT PG. 58, T.C.R.
PARCEL 2
AREA = 3.90 AC.
PARCEL 3
AREA = 1.77 AC.
PARCEL 4
AREA = 4.10 AC.
PARCEL 1
AREA = 2.25 AC.
JOB NO. 24001
SHEET 2 OF 2
PARCEL MAP NO.
LEGEND
(R)
( )
FOUND AND ACCEPTED 1/2" REBAR WITH YELLOW PLASTIC
TAG PLS 9227, 6" DEEP, PER RECORD OF SURVEY, REC. IN
BK. 36 OF LICENSE SURVEYS, AT PG. 58, T.C.R. (UNLESS
NOTED OTHERWISE).
SET 1/2" REBAR WITH YELLOW PLASTIC TAG PLS 9227, 6"
DEEP (UNLESS NOTED OTHERWISE).
RADIAL BEARING.
ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF.
BOLD LINE INDICATES SUBDIVISION LIMITS.
RECORD DATA PER SURVEY MAP RECORDED IN BOOK 36
OF LICENSE SURVEYS, AT PAGE 58, T.C.R.
THE WEST 12 ACRES OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 18 SOUTH, RANGE 24 EAST, M.D.B.M., IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, ACCORDING TO THE
OFFICIAL PLAT OF THE SURVEY OF SAID LAND ON FILE IN THE BUREAU OF LAND MANAGEMENT AT THE DATE OF THE ISSUANCE OF THE PATENT THEREOF.
E.F.P.U. EASEMENT FOR PUBLIC UTILITIES
TPM 2024-07
O.R.T.C.R. OFFICIAL RECORDS TULARE COUNTY RECORDER
DETAIL
SCALE: 1" = 30'
(( )) RECORD DATA PER VICTORY OAKS, PHASE 1 SUBDIVISION, RECORDED IN BOOK 45 OF MAPS, AT PAGE 25, T.C.R.
WC SET 5.00 FT. WITNESS CORNER (1/2" REBAR 6" DEEP
TAGGED "WIT COR PLS 9227").
202
203
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0345 Agenda Date: 8/18/2025 Agenda #: 10.
Agenda Item Wording:
Measure R Trails Reallocation of Funds - Authorization to reallocate Measure R Trail Funds between project categories within the City of Visalia’s Measure R Trail funding allocation of $30,390,000 as outlined in this report.
Prepared by:
Dolores Verduzco, Financial Analyst, [email protected], (559) 713-4540 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:
Staff recommends City Council authorize the reallocation of Measure R Trail Funds between project categories within the city’s Measure R funding allocation of $30,390,000 for trails, bike, and/or pedestrian projects as outlined in this report.
Summary:
Measure R funding in the amount of $30,390,000 is identified in the Measure R Expenditure Plan for the City of Visalia to utilize towards trail, bike and/or pedestrian projects. The total Measure R funding allocation of $30,390,000 is separated into different project categories to identify projects along specific trails within the city. Measure R funds can be reallocated between project categories based on funding needs and contingent upon City Council approval. The proposed reallocation of Measure R Trail funding will move budget between project categories listed in the Measure R Expenditure Plan. This is a revenue neutral action, and the recommended action is not increasing the budget.
Background Discussion:
In November 2006 voters approved a 30 year ½ cent sales tax measure to fund transportation projects countywide. The Measure R Expenditure Plan was prepared with input from member agencies and voters as a guide to fund transportation needs in Tulare County through the year 2037.
The Measure R Expenditure Plan identifies funding categories to outline the projects that will be funded to include Regional Projects, Local Projects, and Transit/Bicycle/Environmental (Air Quality) Projects. The plan is administered by the Tulare County Association of Governments (TCAG) acting as the Tulare County Transportation Authority (TCTA) of the Measure R Program.
In the Transit/Bicycle/Environmental funding category within the Measure R Expenditure Plan, $30,390,000 is identified for the city to utilize towards trail, bike and/or pedestrian projects. The City of Visalia has many Measure R trail/bike/pedestrian projects completed, underway, and/or planned throughout the city. Staff has been working with the TCTA to secure the necessary Measure R funding for projects approved by City Council in the city’s Capital Improvement Program (CIP). The Expenditure Plan lists project categories for the use of the $30,390,000 allocated to the city. City staff and the TCTA refer to the Measure R Expenditure Plan to ensure projects are within the Measure R Visalia City Council Page 1 of 4 Printed on 8/14/2025
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File #: 25-0345 Agenda Date: 8/18/2025 Agenda #: 10.
funding allocation amount and on the approved project list.
In January 2016, Council approved a reallocation of Measure R Trail Funds in order to meet the current project cost estimates and allow the continued delivery of projects prioritized for construction according to the approved project list in the City’s CIP. Thereafter, Council has continued to approve the reallocation of funds as funding needs have arose on a project by project basis.
Upon review of estimated funding needs, the reallocation of funds between the project categories listed in the city’s trail/bike/pedestrian list is needed in order to continue with projects underway and planned projects. In addition, a new project category titled Maintenance and Security previously approved by Council to utilize Measure R Trail funding needs to be added to the city’s trail/bike/pedestrian project list. Council approved on June 15, 2020 the amendment to the Measure R Expenditure Plan to provide the flexibility to utilize Measure R Trail funding for the maintenance of trails within the city. Council approval is required to reallocate Measure R Trail funding between the project categories and to add the new project category for Maintenance and Security. This is a revenue neutral action and will not result in an increase or decrease in Measure R funds.
The proposed reallocation of Measure R Trail funds will shift funds to provide local matching funds for projects that have received an award of grant funds to include ATP awarded projects for the Goshen Trail Replacement project and the Santa Fe Bike Lanes project, and previously approved funding for trail projects. As City Council previously identified a need for funds for the maintenance of existing trails and future trails to be constructed, staff recommends reallocating $500,000 within the Measure R Trail Fund for maintenance and security needs of trails. Maintenance and security improvements may include maintenance of asphalt trails, landscaping maintenance, and additional lighting for enhanced security.
Although, Council has previously approved Measure R Trail funds for these projects, the reallocation of funds with the Measure R trail/bike/ped list is needed in order to maintain a balanced Measure R Trail Fund.
The table below lists the project categories for the $30,390,000 of Measure R funds allocated to the city for trail/bike/pedestrian projects and the proposed reallocation of funds between project categories.
Project Category Current Measure R
Trail Allocation
Proposed
Reallocation
Updated Measure R
Trail Allocation
Mill Creek $3,700,000 $(382,670) $3,317,330
Santa Fe $7,370,057 $(512,837) $6,857,220
St. John’s River Path $3,000,000 $372,986 $3,372,986
Packwood Creek $5,746,764 $0 $5,746,764
Modoc Creek $3,000,000 $170,700 $3,170,700
Goshen Ave Trail $3,000,000 $1,912,000 $4,912,000
Cameron Creek $3,000,000 $(3,000,000) $0
K Street $0 $0 $0
K Road (along SJ rail line) $737,179 $(737,179) $0
Visalia Class 1 Trails $836,000 $1,677,000 $2,513,000
Maintenance & Security
(new category)
$0 $500,000 $500,000
Total $30,390,000 $0 $30,390,000
Visalia City Council Page 2 of 4 Printed on 8/14/2025
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File #: 25-0345 Agenda Date: 8/18/2025 Agenda #: 10.
Goshen Ave Trail $3,000,000 $1,912,000 $4,912,000
Cameron Creek $3,000,000 $(3,000,000) $0
K Street $0 $0 $0
K Road (along SJ rail line) $737,179 $(737,179) $0
Visalia Class 1 Trails $836,000 $1,677,000 $2,513,000
Maintenance & Security
(new category)
$0 $500,000 $500,000
Total $30,390,000 $0 $30,390,000
The updated allocation amount for project categories for Cameron Creek, K Street, and K Road is listed as zero. A trail along K Street and K Road was previously found infeasible by an engineering study because of the challenges of the railroad. Currently, there are not any planned projects identified along Cameron Creek. Funding from Cameron Creek is being recommended to shift to other projects previously approved by Council. The list may be revised by Council in the future based on project needs. The attached list is provided for reference to show in detail the currently active and completed trail/bike/pedestrian projects.
Fiscal Impact:
This is a revenue neutral action, funding is not being increased or decreased. The Measure R Expenditure Plan is a document utilized by the TCTA to ensure projects are within the approved Measure R allocation amount. The reallocation of Measure R trail funds will align funding between project categories in the Measure R Expenditure Plan to match funding for projects previously approved by Council. City Council approval is required for the reallocation of funds between projects within the Measure R Expenditure Plan.
Prior Council Action:
November 20, 2023
Authorized the Notice of Completion for Greenway Trail Phase 2 (Mill Creek Bridget on Greenway Trail Project), appropriate and additional $10,000 from the Measure R Trailway Fund, and authorized the amendment to the Measure R Expenditure Plan to reallocate $10,000 from K Road along SJ line to the Mill Creek Bridge on Greenway Trail Project.
September 19, 2022
Authorized the Notice of Completion for the Packwood Creek Trail, execute an amendment to the Measure R Supplemental Agreement, authorized an appropriation of $70,000 from the Measure R Trails Fund, and amend the Measure R Trail Expenditure Plan to reallocate $70,000 from the K Road along SJ line to the Packwood Creek Trail.
June 21, 2021
Authorized the appropriation of $400,000 from the Measure R Trails Fund, execute a Measure R Supplemental Agreement with TCAG for the Santa Fe Class IV Bike Lane from Tulare Ave. to Houston Ave. Project, and authorized the Measure R Trail Expenditure Plan be revised to reallocate $1,187,236 from the K Street Bike Path to Santa Fe and $1,682,821 from the K Road along SJ line to Santa Fe.
May 3, 2021
Authorized the City Manager to award a contract to Romanazzi General Engineering in the amount of $749,632.82 for the construction of the Greenway Trail Phase 1 & 2, execute a Supplemental Agreement with TCAG, and amend the Measure R Trail Expenditure Plan to designate $236,000 Visalia City Council Page 3 of 4 Printed on 8/14/2025
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File #: 25-0345 Agenda Date: 8/18/2025 Agenda #: 10.
from the K Street Bike Path to the Mill Creek Bridge at Greenway Trail.
March 15, 2021
Authorized the City Manager to award a contract to Avison Construction Inc., in the amount of $1,099,500 for the Packwood Creek Trail Project, amendment to the supplemental agreement with TCAG, and amendment to the Measure R Expenditure Plan to designate $76,764 from the K Street Bike Path to the Packwood Creek Trail.
January 4, 2016
Approval of Measure R Trail funding allocation update of $30,390,000.
September 15, 2014
Authorized the update to the allocation of Measure R Trail Funds of $30,390,000.
Alternatives: Retain allocation of Measure R Trail funding and utilize other funding for trail projects.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the reallocation of Measure R Trail Funds between project categories within the city’s Measure R Trail funding allocation of $30,390,000 as outlined in this report.
Environmental Assessment Status: Not applicable.
Deadline for Action: 8/18/2025
Attachments: Visalia Measure R Trail, Bike & Pedestrian List of Projects Visalia City Council Page 4 of 4 Printed on 8/14/2025
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City of Visalia
MR Bike Pedestrian Projects
City # Status Fed # Limits Current Allocation CMAQ TE ATP Amt Left for
Supplementals Supplementals (MR) Remaining Capacity
Proposed
Reallocation
Updated Remaining
Capacity Designate funds to project(s):
Mill Creek Trail 3,700,000 $ 422,000 $ - $ 141,000 $ 3,137,000 $ 2,754,330.08 $ 382,670 $ $ - (382,670) $ 9919 Active Lovers Ln to Cain 780,000.00 $
0118 Complete 5044(103) Tipton to Burke 141,000 $ 169,996.93 $ 0121 Complete Burke to Goshen 686,153.63 $
8292 Complete 5044(073) Akers to Marcin 422,000 $ 330,917.80 $ 0187 Complete Mill Creek Bridge East of Shirk 395,000.00 $ 9843 Complete Garden Park to McAuliff 224,852.78 $
8267 Complete Garden Park to McAuliff (Rehab) 71,976.68 $ 9100/8133 Complete Marcin to Tommy 80,421.88 $
8203 Complete Mill Creek Trail 11,000.00 $
8295 Complete Murray to Road 152 4,010.38 $
Santa Fe Trail 7,370,057 $ 560,000 $ - $ - $ 6,810,057 $ 3,663,220.14 $ 3,146,837 $ $ 2,634,000 (512,837) $ Santa Fe Bike Lanes Project 0480 Active Santa Fe Class IV Bike Lane from Tulare Ave. to Houston Ave. 400,000.00 $ 8118 Complete 5044(090) Houston to Riggin 560,000 $ 544,928.49 $ 8117 Complete Ave 272 to Tulare 2,718,291.65 $
St Johns River Trail 3,000,000 $ 1,181,000 $ 245,000 $ - $ 1,574,000 $ 1,946,985.90 $ (372,986) $ $ - 372,986 $ 8131 Active 5044(105) Riggin to Dinuba 1,181,000 $ 353,970.00 $ 0119 Complete Riverway Dr 835,000.00 $
9716 Complete McAuliff to Rd 148 153,119.88 $
8261 Complete Riparian W of Dinuba (EEM) 74,937.00 $
8314 Complete Hughes Property Acquisition 42,819.58 $
8041 Complete 5044(061) Rd 148 to Cutler Park 245,000 $ 487,139.44 $ Packwood Creek Trail 5,746,764 $ 1,937,000 $ 368,000 $ - $ 3,441,764 $ 3,438,249.20 $ 3,515 $ $ 3,515 - $ 0012 Complete 5044(104) Santa Fe to Crumal 1,137,000 $ 745,065.50 $ 9915 Complete 5044(040) Along Cameron Ave 616,917.11 $
9956 Complete 5044(075) Caldwell to Cameron 480,000 $ 725,546.44 $ 8285 Complete 5044(078) Cameron to Visalia Pkwy 118,000 $ 327,272.26 $ 8119 Complete 5044(074) Walnut Ave RR to Cedar 320,000 $ 255,379.30 $ 8120 Complete 5044(077) Crumal to Sue 250,000 $ 768,068.59 $ Modoc Ditch Trail 3,000,000 $ 818,000 $ - $ - $ 2,182,000 $ 2,052,683.17 $ 129,317 $ $ 300,017 170,700 $ Modoc Basin Trail (Design) 8228 Complete Gidding to Demaree 730,000 $ 573,548.21 $ 8229 Complete Court to St. Johns River 588,376.17 $
8128 Complete 5044(085) Dinuba to Giddings 88,000 $ 709,692.81 $ 8208 Complete Mooney to Riggin 160,775.58 $
8296 Complete Ferguson & Dinuba (EEM) 20,290.40 $
Goshen Trail 3,000,000 $ - $ - $ - $ 3,000,000 $ 1,736,630.00 $ 1,263,370 $ $ 1,912,000 $ 3,175,370 Goshen Trail Replacement Project 8130 Active Giddings to Akers 1,736,630.00 $
Cameron Creek path 3,000,000 $ - $ - $ - $ 3,000,000 $ - $ 3,000,000 $ $ - (3,000,000) $ K Street Bike Path - $ - $ - $ - $ - $ - $ - $
K Road along SJ line 737,179 $ - $ - $ - $ 737,179 $ - $ 737,179 $ $ - (737,179) $ Visalia Class 1 Trails 836,000 $ 228,000 $ - $ 1,000,000 $ (392,000) $ 515,514.69 $ (907,515) $ $ 769,485 1,677,000 $ ESRP Basins - Trails 0189 Active Mill Creek Bridge on Greenway Trail 242,744.69 $ 298 Active Greenway Belt Trail 1,000,000 $ 140,670.00 $ 175 Complete Santa Fe Trail Crossing 228,000 $ 102,100.00 $ 8408 Complete Greenway Trail MasterPlan(St. Johns River) 30,000.00 $ Maintenance & Security $ 500,000 500,000 $ New Maintenance Category TOTAL $ 5,146,000 30,390,000 $ 613,000 $ 1,141,000 $ 23,490,000 $ 16,107,613.18 $ 7,382,387 $ - $ 7,382,387 $ 208
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0348 Agenda Date: 8/18/2025 Agenda #: 11.
Agenda Item Wording:
Award a Contract for Maintenance, Repair, Testing, & Inspection of City-owned Fueling Facilities- Authorize the City Manager to award an annual contract to Precision Environmental Services for maintenance, repair, testing and inspection of City-owned fueling facilities. The Contract shall not exceed $50,000.00 annually and is renewable each year for a potential total of five (5) years.
Prepared by:
Danny Galindo, Public Works Manager, [email protected], 713-4186 Nick Bartsch, Public Works Director, [email protected],713-4052 Department Recommendation: Staff recommends that the City Council authorize the City Manager to award an annual contract to Precision Environmental Services in an amount not to exceed $50,000 annually, totaling $250,000 over the life of the contract, with an option to renew annually for up to (4) additional one-year terms.
Summary:
RFB 23-24-48 for maintenance, repair, testing and inspection of fueling equipment was advertised in the newspaper on June 6, 2025, posted on Bidnet, and notifications were sent to all local vendors who provide these services.
In response to the RFB, the City's Purchasing division received (3) bids and are summarized below:
Company Location Total Bid Amount
Precision Environmental Tulare $9,750.65
West Star Environmental Fresno $24,266.82
Franzen-Hill Tulare $26,321.20
The contract covers all City-owned fueling facilities, and consists of two components:
· Fixed Services: These are recurring scheduled services performed annually at each fueling station. They include secondary containment testing, annual monitoring certification testing, annual vapor recovery testing (including pre-test and testing with San Joaquin Valley APCD inspectors), V/L testing, and monthly designated operator inspections. The fixed services portion of the bid, which is approximately $9,000, covers these mandated inspections and certifications.
· Hourly Rates for Unscheduled Repairs and Maintenance: In addition to fixed services, the Visalia City Council Page 1 of 3 Printed on 8/14/2025
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File #: 25-0348 Agenda Date: 8/18/2025 Agenda #: 11.
contract includes hourly labor rates for any necessary unscheduled repairs or maintenance that may arise during the year. This allows for any issues to be dealt with promptly at any City fueling station, ensuring continuous compliance and operational readiness.
While the fixed services fee is around $9,000, the contract’s annual amount is not to exceed $50,000 based on historical spending trends. Annual costs have varied between approximately $35,000 and $67,000 in recent fiscal years, reflecting variable repair needs beyond the fixed testing and inspections.
This bid structure explains the difference in pricing among vendors, as each proposes unique combinations of fixed fees and hourly rates. Precision Environmental Services was evaluated as the most responsible and responsive bidder, providing the best value across both fixed services and hourly repair costs.
Background Discussion:
The Fleet Division has developed an annual contract for the maintenance, repair, testing, and inspection of fueling equipment for eight fueling stations, which will be managed through the Fleet Maintenance Division.
Maintaining the City’s fueling infrastructure in proper working conditions is essential not only for operational efficiency but also for remaining in compliance with local, state, and federal environmental regulations. Regular testing, inspections, and prompt repairs help ensure compliance with standards set by agencies such as the California State Water Resources Control Board, the San Joaquin Valley Air Pollution Control District (SJVAPCD), and other regulatory bodies.
Failure to comply with mandated testing and certification requirements-such as vapor recovery testing, secondary containment verification, and monitoring system certifications can result in regulatory violations, fines, or operational shutdowns. This contract ensures the City meets all required inspection schedules and documentation standards, helping to mitigate risks and avoid costly penalties.
The current solicitation (RFB No. 23-24-48) continues this essential service. Bids were received and evaluated, with Precision Environmental Services providing the most responsible and responsive proposal.
Fiscal Impact: Funding for maintenance, repair, testing & inspection of City-owned fueling facilities is budgeted annually in Fleet Operations (5012) to cover these costs.
Historical spending of these services:
Fiscal Year 2022-23: $67,282.15
Fiscal Year 2023-24: $40,881.40
Fiscal Year 2024-25: $35,492.54
Based on prior spending and projected needs, the total cost is not expected to exceed $50,000 annually. Fiscal Year 2022-23 expenses of $67,000 were higher due to a one-time repair cost of approximately $20,000.
Prior Council Action: On February 4, 2019 council approved awarding a 5-year contract for these services to Precision Environmental Services.
Visalia City Council Page 2 of 3 Printed on 8/14/2025
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File #: 25-0348 Agenda Date: 8/18/2025 Agenda #: 11.
Other: N/A
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award an annual contract to Precision Environmental Services for maintenance, repair, testing and inspection of City-owned fueling facilities in an amount not to exceed $50,000 annually, totaling $250,000 over the life of the contract, with an option to renew annually for up to (4) additional one-year terms.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/18/2025
Attachments:
Precision Environmental Services Bid
Bid Comparison
RFB NO. 23-24-28
Contract
Levine Act
Visalia City Council Page 3 of 3 Printed on 8/14/2025
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Bid Comparison
RFB 23-24-48 Annual Contract for Maintenance & Repair, Testing & Inspection of Fueling Equipment Description of work: Estimated
as specified in RFB 23-24-
48 Annual Quantity
1 Secondary Containment
Testing-SB989 testing 1 $1,100.00 $1,100.00 $3,525.00 $3,525.00 $3,250.00 $3,250.00 2 Annual Monitoring
Certification Testing 3 $500.00 $1,500.00 $1,575.00 $4,725.00 $1,400.00 $4,200.00 3 Annual Vapor Recovery
Testing 3 $500.00 $1,500.00 $1,470.00 $4,410.00 $1,650.00 $4,950.00 4 Annual Vapor Recovery pretest and test with A.P.C.D
(inspector to comply with
San Joaquin Valley A.P.C.D)
3 $500.00 $1,500.00 $1,470.00 $4,410.00 $1,000.00 $3,000.00 5 V/L Testing 3 $250.00 $750.00 $625.00 $1,875.00 $650.00 $1,950.00 6 Monthly Designated
Operator Inspection (UST
sites only)
48 $65.00 $3,120.00 $100.00 $4,800.00 $175.00 $8,400.00 7 Hourly Rate 1 $80.00 $80.00 $148.50 $148.50 $155.00 $155.00 8 Hourly Overtime Rate 1 $120.00 $120.00 $222.75 $222.75 $260.00 $260.00 9 Travel cost per mile 1 $0.65 $0.65 $2.07 $2.07 $1.20 $1.20 10 Vehicle/travel cost per hour
(technician) 1 $80.00 $80.00 $148.50 $148.50 $155.00 $155.00 Precision Environmental West Star Environmental Franzen-Hill No C-61/D40
Required Licenses/Certificates:
Class A - General Engineer
C-61/D40 - Service Station Equipment & Maintenance
Hazardous Substance Removal Certificate
DIR Registration
Franzen-Hill
Total
$9,750.65 $24,266.82 $26,321.20 Total Bid Amount
(Items 1-10)
Franzen-Hill
Unit Price
Precision
Environmental
Total
West Star
Environmental
Total
Item #
Precision
Environmental
Unit Price
West Star
Environmental
Unit Price
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CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 23-24-48
ANNUAL CONTRACT FOR
MAINTENANCE & REPAIR, TESTING
& INSPECTION OF FUELING EQUIPMENT
BIDS DUE NO LATER THAN 2:00 PM PST ON WEDNESDAY, JULY 9, 2025 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.
Contract resulting from this bid process is considered a Public Works Maintenance Contract, subject to registration with the Department of Industrial Relations (DIR), Payment of State Prevailing Wages, Monitoring by the Labor Commissioner and other requirements listed in the City’s Labor Compliance Manual (attached). All Bidders and Subcontractors (if any) must be registered with the DIR to be eligible to bid on, be listed as a subcontractor, or perform work under this contract.
Advertisement Dates: June 6, 2025
June 11, 2025
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Message to Contractors from the Department of Industrial Relations The early registration and renewal sign up is now open! You can now register or renew your Public Works Contractor Registration for the next fiscal year, which starts July 1, 2025.
The 2025-2026 fiscal year begins July 1, 2025. Contractors will need to register or renew their Public Works Contractors Registration number for the new fiscal year prior to July 1, 2025.
Who needs to register?
Registration or renewal is required for each fiscal year (July 1st – June 30th). Contractors can register or renew their registration up to three (3) years in advance. Early registration is encouraged so that businesses can continue working on public work projects without interruption. The registration fee is $400 per fiscal year.
Why is it important to register?
The Labor Commissioner temporarily paused enforcement of the contractor registration requirement to submit electronic certified payroll records (eCPRs) to the Labor Commissioner using DIR’s online eCPR system from June 22, 2024 through June 22, 2025.
The Labor Commissioner’s Office will resume enforcement of these requirements beginning June 23, 2025. Once the stay of enforcement is lifted, contractors will not be required to retroactively submit eCPRs nor will they be required to retroactively register but contractors will be required to submit eCPRs and register moving forward.
What is required?
In addition to registering, contractors are required to electronically submit certified payroll records to the public works online system at https://services.dir.ca.gov/gsp. Registration and log-in are located at the top right corner of the webpage.
How do I get more information?
Please refer to the user guide and user video to aid you in registering. 1) User PDF guide linked here - https://www.dir.ca.gov/Public-Works/Guides/User-Sign-Up-LinkRegistration-Guide.pdf 2) User video guide linked here - https://www.youtube.com/watch?v=Ugi6EknOHYI 3) eCPR user guide linked here - https://www.dir.ca.gov/Public-Works/Guides/PW-SystemGUIDE-2-eCPR-user-guide.pdf 4) eCPR user video guide linked her - https://www.youtube.com/watch?v=Or9ReHe9djw 5) PW live workshops linked here - https://www.dir.ca.gov/Public-Works/SupportCenter.html The foregoing has been provided for informational purposes & doesn’t constitute legal advice nor may it be relied upon or used as an official opinion of the Division of Labor Standards Enforcement (DLSE). Access to, transmission or receipt of, or reliance upon this information from the DLSE doesn’t create nor intend to create an attorney/client relationship between you or any other person & the DLSE. 239
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TABLE OF CONTENTS
I. DEFINITIONS ................................................................................................. 4 II. INTRODUCTION .............................................................................................. 4 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ........................ 5 IV. INSTRUCTIONS .............................................................................................. 8 V. SCOPE OF SERVICES/PROJECT .................................................................... 9 VI. PRE-BID AND CONTRACT MEETINGS ............................................................ 10 VII. BID OPENING AND CONFIDENTIALITY .......................................................... 10 VIII. AWARD .......................................................................................................... 10 IX. PROTESTS/APPEALS .................................................................................... 11 X. SPECIAL CONDITIONS ................................................................................... 11 XI. GENERAL CONDITIONS ................................................................................. 13 XII. POST AWARD RESPONSIBILITIES ................................................................. 16
EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Workers’ Compensation Insurance Certificate
B-3. Bidders Statement on Previous Contracts subject to EEO B-4. Equal Employment Opportunity Compliance Certificate B-5. Ownership Disclosure and California Levine Act Statement B-6. Drug-Free Workplace Certificate
B-7. Americans with Disabilities Act Compliance Certificate B-8. Iran Contracting Act Compliance
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D. EXHIBITS (ATTACHED SEPARATELY)
D-1. Fueling Equipment Locations & Tank Capacities
D-2. City of Visalia Labor Compliance Manual
D-3. State Prevailing Wage Determinations
240
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I. DEFINITIONS
For the purposes of RFB NO. 23-24-48, the following terms shall have the meanings indicated:
1. “City” means the City of Visalia
2. “City Council” means the Council of the City of Visalia
3. "Bidder", "Vendor", "Supplier", “Consultant”, “Contractor” and “Subrecipient” are used interchangeably throughout this invitation to mean the person, firm, or corporation or other entity submitting a Bid in response to the Request for Bid.
4. “Bid” and “Proposal” are used interchangeably to mean an individual’s or entity’s offer in response to this Request for Bid.
5. “RFB” means Request for Bid No. 23-24-48.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for maintenance & repair, compliance testing & inspections of fueling equipment at various City facilities (see Exhibit D-1 for locations and tank capacities). The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive oneyear periods. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
Under the requirements of Labor Code section 1782 passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations Requirements which apply to this project.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.
This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this regarding this RFB should be directed to the Purchasing Division at (559) 713-4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected].
Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.
The City of Visalia reserves the right to reject any or all bids. 241
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III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this contract is considered a public works contract and therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR).
Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors will be rejected as non-responsive.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project and therefore, the CLC contract language requirements are incorporated into the contract. As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia.
Proof of registration for each contractor and subcontractor listed on the bid is required. As set forth is CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at:
http://www.dir.ca.gov/wpnodb.html.
The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards prevailing rate of per diem 242
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wages for each craft, classification, or type of worker needed to execute the contract at each job site.
In accordance with labor code section 1776 and it’s enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015 each project contractor and subcontractor shall; o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811 and 1815, signed under penalty of perjury. o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in labor code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with labor code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a). Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). As set forth in labor code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811 and 1815, signed under penalty of perjury. o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 243
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1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor. In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work; every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work. Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098 may be employed at the apprentice wage rate on public works.
Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000). As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of section 1771, 1775, 1776, 1777.5, 1813 and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractors use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including , but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected.
o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project.
The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.
Contract inclusion and/or attachments: The following item is required to be included either in the body of, as attachments to, or addendums of all public work contracts:
As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in 244
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which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with labor code section 1773.2, this information is to be included in the contract itself. 10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes. General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
http://www.dir.ca.gov/OPRL/PWAppWage/PWAppWageStart.asp IV. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Maintenance & Repair, Compliance Testing & Inspection of Fueling Equipment
RFB NO. 23-24-48
Deadline: July 9, 2025 @ 2:00 p.m.
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.
The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.
Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid deadline.
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4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.
5. Submit a copy of Bidder’s valid Hazardous Substance Removal Certification. If Bidder is subcontracting this work, the Bidder must properly identify the subcontractor on the Subcontractor Listing Form with the bid. All Subcontractors must be DIR Registered and maintain registration to perform work under this contract.
6. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visaliapurchasing.org or by calling (559) 713-4334.
However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].
Questions regarding this RFB are due no later than June 27, 2025 at 4:00pm V. SCOPE OF SERVICES/PROJECT
Contractor shall provide maintenance and repair, compliance testing and inspection of City of Visalia owned fueling equipment as required.
No bid will be accepted from a Contractor who is not duly licensed in accordance with the provisions of Chapter 9, Division III of the State of California Business and Professions Code and has a current Class A-General Engineer Contractor’s license, C-61/D40-Service Station Equipment & Maintenance License, and Hazardous Substance Removal Certification.
Bid Requirements
All testing, maintenance and repairs shall be done in compliance with all government regulations.
Contractor shall be responsible for keeping records of all compliance testing for City of Visalia fueling locations.
Contractor shall be responsible for scheduling all compliance testing with appropriate governing agency.
Contractor shall be responsible for notifying the City’s Fleet Maintenance Division one week prior to any compliance testing via e-mail.
All sites shall be pre-tested no more than 3 days in advance of compliance testing date. UST inspector shall follow all government regulations for UST inspections. All UST maintenance and repairs shall be compliant with all government regulations. Contractor shall return after hour phone calls within 15 minutes of call. Contractor shall respond to an emergency within 65 minutes of notification. Contractor shall be responsible for any and all preparation of forms or documents required by any and all government agencies, such as, but not limited to: California Water Board, California Air Resource Board, United States Environmental Protection Agency, Tulare County Environmental Health, San Joaquin Valley Air Pollution District. Bid prices shall include all fees associated with that testing. Contractor shall be responsible for any punitive actions resulting from noncompliance. 246
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VI. PRE-BID AND CONTRACT MEETINGS
1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Tuesday, June 24, 2025 at 10:00 a.m. at City Hall, 707 W. Acequia Ave., Visalia, CA.
Attendance at this meeting is not required to submit a Bid in response to this RFB.
Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.
2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.
City Project Manager: Danny Galindo, Public Works Manager Department: Public Works, Fleet Division
VII. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Wednesday, July 9, 2025 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be open and public.
Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act.
The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
VIII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the 247
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contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.
2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City.
IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal unless the Bidder is notified more time is required.
4. Further levels of appeal may be made in accordance with the appeals provision contained in Chapter 5 of the City’s “Purchasing and Contract Procedures” which is available through City’s Purchasing Division.
X. SPECIAL CONDITIONS
1. Project Administrative Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Quantities. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner.
c. Omitted Items. Project Manager is authorized to omit minor contract items.
Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by Project Manager before the work is done.
e. Major Repairs. When major repairs are required, a quote will be requested, and a separate purchase order will be issued.
f. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris or other obstructions of any character required for 248
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completion of the project. Any temporarily removed or relocated items shall be replaced.
g. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work, and any areas occupied by Contractor in connection with the project.
2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents or employees.
b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures and safety precautions or programs related to the project. Contractor may designate a superintendent. c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities and the like. (2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make connection to or draw water from any hydrant or pipeline without first obtaining permission to do so. d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accord with local, federal, and state requirements. e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern day fueling equipment maintenance and repair and good construction practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner.
f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials which become unfit for use shall not be used for the project.
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(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.
g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
3. Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes. Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes.
Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.
XI. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors or suppliers. A description of the status or resolution of that complaint, including any remedial action taken is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope. 250
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5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.
12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.
13. Prior to conducting business in the City, a business tax certificate (license) must be obtained. Call 559-713-4326 for more information.
14. Bidder shall provide insurance as required by law and as indicated in the proposed contract.
15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
16. Bidder shall withhold, pay and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.
17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories and reputation.
19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any 251
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class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).
Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.
24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors. Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.
28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner 252
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than ninety (90) calendar days prior to the annual anniversary date of the agreement.
Requests filed after this time period will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
31. EXECUTIVE ORDER N-6-22 – Russia Sanctions - On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.
XII. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.
2. Post-Award Responsibilities. Upon execution of the Agreement between the City and the Contractor, the Contractor shall immediately report all changes in its Articles of Incorporation, By-Laws, or Tax-Exempt status to the City. 253
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3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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Bidding Agency:_________________
EXHIBIT “A”
BID FORM
RFB NO. 23-24-48
Project: MAINTENANCE & REPAIR, TESTING & INSPECTION OF FUELING EQUIPMENT TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 23-24-48 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
Bid Award shall be based on the Total Bid Amount. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of work, or to omit portion of the work, as the City deems necessary or advisable, at the prices Bid.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts. 255
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Bidding Agency:_________________
Item
#
Description of work:
as specified in RFB 23-24-48
Unit
Price
Estimated
Annual
Quantity
Total
1 Secondary Containment TestingSB989 testing $________ x 1 = $______________
2 Annual Monitoring Certification
Testing $________ x 3 =
$______________
3 Annual Vapor Recovery Testing $________ x 3 =$______________ 4 Annual Vapor Recovery pre-test
and test with A.P.C.D (inspector
to comply with San Joaquin
Valley A.P.C.D)
$________ x 3 = $______________
5 V/L Testing $________ x 3 =$______________
6 Monthly Designated Operator
Inspection (UST sites only) $________ x 48 =
$______________
In addition to the annual testing/monthly inspection above, Contractor is to provide pricing for additional maintenance and repair work that may be requested on an as needed basis.
7 Hourly Rate $______________
8 Hourly Overtime Rate $______________
9 Travel cost per mile $______________
10 Vehicle/travel cost per hour
(technician) $______________
Total Bid Amount
(Items 1-10) $______________
(1)________________________________________________________________________________________ Bidding Firm
(2)_________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)_________________________________________________________________________________________ Business Address City State Zip Code
_________________________________________________________________________________________ Telephone Number Fax Number
_________________________________________________________________________________________ E-mail Address
(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)
_________________________________________________________________________________________ Type or Print Authorized Person’s Name
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation. 256
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Bidding Agency:_________________
(2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.
Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.
BIDDING CONTRACTOR’S LICENSE INFORMATION:
STATE CONTRACTOR’S LIC. CLASS: ________________ # _____________________________EXP. DATE:___________ ________________ # _____________________________EXP. DATE:___________ STATE D.I.R. REGISTRATION #____________________ __ FEDERAL TAX I.D. #_____________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326.
BIDDER HAS INCLUDED THE FOLLOWING WITH THIS BID:
Copy of Hazardous Substance Removal Certification Yes No
REFERENCES
The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past two years.
Company Name Address Tel. No. Contact
1. ________________________________________________________________________________________________
2. ________________________________________________________________________________________________
3. ________________________________________________________________________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
Company Name Address Tel. No. Type
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SUBCONTRACTOR LISTING
BIDDING AGENCY:________________________________________________ The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.
SUBCONTRACTOR INFORAMTION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor Name: Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
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EXHIBIT “B-1”
NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
__________________________________________ ________________________ Signature Date
Note: The above Non-collusion Affidavit is part of the Bid/Proposal.
Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
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EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)
STATE OF CALIFORNIA )
) ss
CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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EXHIBIT “B-3”
BIDDER’S STATEMENT ON PREVIOUS CONTRACTS
SUBJECT TO EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
(EXECUTIVE ORDER 11246)
The BIDDER shall complete the following statement by checking the appropriate blanks:
The BIDDER has_____ has not _____ participated in a previous contract subject to the Equal Employment Opportunity Clause prescribed by Executive Order 11246, as amended, of September 24, 1965.
The BIDDER has _____ has not _____ submitted all compliance reports in connection with any such contract due under the applicable filing requirements; and that representations indicating submission of required compliance reports signed by proposed subBIDDERs will be awarded prior to award of subcontracts.
If the BIDDER has participated in previous contracts subject to the Equal Employment Opportunity Clause and has not submitted compliance reports due under applicable filing requirements, the BIDDER shall submit a compliance report on Standard Form 100, “Employee Information Report EEO-I” prior to award of the contract.
Note: Failure to complete the blanks may be grounds for rejecting the bid.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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EXHIBIT “B-4”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114 or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisements for employees, placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin or political affiliation.
3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company: ______________________________________________ Business Address: ______________________________________________ Signature:______________________________________________ Date:________________ Name & Title of Signing Official: ______________________________________________ Company Seal (if any):
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EXHIBIT “B-5”
Ownership Disclosure and California Levine Act Statement The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:
1. submitting a bid or proposal in response to a solicitation by City of Visalia; or
2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.
OWNERSHIP DISCLOSURE
____________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ____________________________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________
CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.
The following website contains a list of current Visalia City Council Members, https://www.visalia.city/government/city_council/default.asp. You are responsible for reviewing the names of Visalia City Council Members prior to making the following disclosure:
1. Have you or your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:
Council Member(s) Name Date of Contribution(s)
_____________________________ ___________________________ Answering YES, does not preclude the City of Visalia from awarding a contract to your firm or from taking any subsequent action related to the contract. It does, however, preclude the identified Visalia City Council Member(s) from participating in any actions related to this contract.
NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
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EXHIBIT “B-6”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.
4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
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EXHIBIT “B-7”
AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
(if any)
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EXHIBIT “B-8”
IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).
Signature:
Printed Name:
Title:
Agency Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)
MAINTENANCE & REPAIR, TESTING & INSPECTION OF FUELING EQUIPMENT (City of Visalia Bid No. 23-24-48)
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 ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is an ____________________ (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the Annual Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods.
Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-48, Annual Contract for Maintenance & Repair, Testing & Inspection of Fueling Equipment
Attachment 4 CONTRACTOR’s bid in response to Bid No. 23-24-48
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 23-24-48.
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
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5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated: ___________________ By:______________________________________________________ Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $xxx annually and not to exceed Contractor’s stated bid prices
Source of Funds: Local Revenues
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: Purchasing Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.
E. Jurisdiction/Venue/Waiver Of Removal: This Agreement shall be administered and interpreted under the laws of the State of California. Jurisdiction of litigation arising from this Agreement shall be in California. Any action brought to interpret or enforce this Agreement, or any of the terms or conditions hereof, shall be brought in Tulare County, California. The CONTRACTOR hereby expressly waives any right to remove any action to a county other than Tulare County as permitted pursuant to Section 394 of the California Code of Civil Procedure.
F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.
This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
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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 term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
d. Professional Liability insurance coverage, in an amount not less than One Million Dollars ($1,000,000).
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post agreement coverage shall be deemed to be reasonable.
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5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia. b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
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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Maintenance & Repair, Testing & Inspection ofFueling Equipment
MAINTENANCE & REPAIR, TESTING & INSPECTION OF FUELING EQUIPMENT (City of Visalia Bid No. 23-24-48)
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 Precision Environmental Services Inc hereinafter referred to as the "CONTRACTOR", "BIDDER", or "SUBRECIPIENT".
RECITALS
WHEREAS, CONTRACTOR is an Corporation (insert individual or entity type) with a primary business address of 24322 Road 152 Tulare, Ca 93274 and SSN or EIN: 81-4506090 ; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award an contract to CONTRACTOR for the Annual Project; and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City's option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods.
Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 23-24-48, Annual Contract for Maintenance & Repair, Testing & Inspection of Fueling Equipment
Attachment 4 CONTRACTOR's bid in response to Bid No. 23-24-48
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates ("Scope of Services"):
All work described in Scope of Services in Bid No. 23-24-48.
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 274
RFB NO. 23-24-48
Maintenance & Repair, Testing & Inspection ofFueling Equipment
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:
Source of Funds:
Payment Schedule:
Not to exceed $50,000 annually and not to exceed
Contractor's stated bid prices
Local Revenues
Within 30 days from date of invoice for completed work
6. CONTRACT PRICE ADJUSTMENTS:
All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.
It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.
The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.
CONTRACTOR
Dated:
Dated:
Dated:
Dated:
Dated:
By:
Authorized Officer: I certify under penalty of perjury under the laws of the State of California that I am fully authorized to execute this Agreement for CONTRACTOR in the capacity I have stated, and that such execution is sufficient to bind the CONTRACTOR.
CITY OF VISALIA
By:
City Manager
By:
City Attorney
By:
City of Visalia Risk Manager
By:
City of Visalia Project Manager
275
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0349 Agenda Date: 8/18/2025 Agenda #: 12.
Agenda Item Wording:
Reimbursement Agreement Amendment - Authorize the City Manager to execute an amendment to the existing reimbursement agreement with Visalia Shirk, LLC., established with the development of the apartment complex “Tuscany Villas”, located at the northeast corner of Shirk Street and Doe Avenue.
Prepared by:
Adrian Rubalcaba, Sr. 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 City Manager to execute the amendment to the existing reimbursement agreement established with Visalia Shirk, LLC.
Summary:
Visalia Shirk, LLC (developer) is requesting an amendment to its existing reimbursement agreement for the Tuscany Villas apartment project, originally approved by Council in June 2020 for $1,009,433.63. Actual public improvement costs exceeded the estimate by $379,993.44, a figure verified by the Development Reimbursement Review Committee (DRRC) in March 2025. The project is complete, and the original reimbursement has been fulfilled through a mix of cash payment and impact fee credits. If approved, the developer now requests to transfer the remaining reimbursable balance to a newly planned multi-family project at Shirk Street and Ferguson Avenue. Per the reimbursement agreement provisions, an amendment setting forth the transfer and final adjusted reimbursement costs is required. Staff recommends Council authorize the City Manager to execute the amendment.
Background Discussion:
Tuscany Villas is a 200-unit apartment complex that was developed by Visalia Shirk, LLC., located at the northeast corner of Shirk Street and Doe Avenue. Per the conditions of approval, under Conditional Use Permit No. 2017-08, the project was required to widen its adjacent public street frontages and install storm and sewer infrastructure in accordance with the City’s Circulation Element and Storm Sewer Master Plans. Shirk Street, an arterial roadway, and Doe Avenue, a collector roadway, are identified in the City’s current Transportation Impact Fee (TIF) program and portions of the required widening improvements qualified for reimbursement. Additionally, a 48-inch sanitary sewer trunk main was planned along Shirk Street alignment per the City Sewer master plan and therefore required to be installed by the developer. Reimbursement of the sewer trunk main would also fall under City Storm Sewer master plan programs. The reimbursement total for this project was estimated at $1,009,433.63 for the excess in pavement, striping, median installation and streetlights, sewer trunk line, and any other additional work beyond the typical developer responsibilities. The City’s Development Reimbursement Review Committee (DRRC) reviewed and recommended approval of the estimated reimbursement in January 2019 and Council approved the reimbursement Visalia City Council Page 1 of 3 Printed on 8/14/2025
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File #: 25-0349 Agenda Date: 8/18/2025 Agenda #: 12.
approval of the estimated reimbursement in January 2019 and Council approved the reimbursement agreement during a meeting held on June 21, 2020. The final reimbursement amount was to be in the form of credits and cash payments from their respective funding sources.
The reimbursement agreement allows for adjustments to the reimbursement costs based on actual costs to construct the improvements, provided that the developer submits all supporting documentation as stipulated in the agreement. The actual costs of constructing the improvements resulted in a cost increase of $379,993.44 over the original reimbursement amount, bringing the final reimbursement total to $1,389,427.07. To date, a cash payment of $145,157.00 was issued and a total of $864,276.63 was applied as impact fee credits towards building permits for Tuscany Villas. If approved, the remaining balance of $379,993.44 will be due and transferred to a newly planned multi -family development project located at the northeast corner of Shirk Street and Ferguson Avenue, according to the new amendment stipulations. The “Parkview Apartments” complex was submitted by the developer and received a “Revise & Proceed” through Site Plan Review on April 9, 2025. The amendment provides for the transfer of $316,812.94 to be applied as impact fee credits towards building permits for the new complex and a final cash payout of $63,180.50. Cash reimbursements are due once the all required improvements have been completed and accepted by the City.
The amendment to the reimbursement agreement was reviewed and recommended for approval by the DRRC. The DRRC is comprised of staff from the Engineering & Building, Community Development, Finance, and Public Works Departments. The DRRC reviewed the reimbursement to ensure that costs are reasonable compared to the City’s costs for comparable capital projects and to a unit cost schedule focused on Visalia’s construction market. The amendment was also reviewed and approved as to form by the City Attorney.
Fiscal Impact:
Impact fee credits totaling $316,812.94 will be applied towards fee assessments due at time of building permits for the Parkview Apartments. A cash payment of $63,180.50 from the Sewer Fund will be due at time of completion of the Parkview Apartments project.
Prior Council Action:
On June 21, 2020, Council authorized the City Manager to execute the Project Improvement and Reimbursement Agreements associated with the Visalia Apartments project.
Other: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to execute the amendment to the existing reimbursement agreement established with Visalia Shirk, LLC.
Environmental Assessment Status: Complete.
CEQA Review: Mitigated Negative Declaration No. 2017-13 adopted October 16, 2017 Visalia City Council Page 2 of 3 Printed on 8/14/2025
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File #: 25-0349 Agenda Date: 8/18/2025 Agenda #: 12.
Deadline for Action: 8/18/2025
Attachments:
1. Location Map
2. Reimbursement Agreement
3. Amendment No. 1
Visalia City Council Page 3 of 3 Printed on 8/14/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0350 Agenda Date: 8/18/2025 Agenda #: 13.
Agenda Item Wording:
Approve an Emergency Contract with Holloway Environmental - Approve a 1-year emergency contract with Holloway Environmental not to exceed $144,000 to dispose of the 2024 biosolids stockpile generated at the Visalia Water Reclamation Facility and the appropriation of $220,000 from the Wastewater Fund.
Prepared by: Ben Litwack, Public Works Manager, [email protected], 713-4671 Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation: Staff recommends that Council approve an emergency contract with Holloway Environmental in the amount of $144,000 to dispose of the 2024 biosolids stockpile generated at the Visalia Water Reclamation and appropriate an additional $220,000 from the Wastewater Fund (431) to cover the additional transport and disposal costs (transportation contract to be awarded in separate contract).
Summary:
The Visalia Water Reclamation Facility must remove over 6,000 tons of biosolids from its 2024 stockpile by December 31, 2025, as required by State-issued Waste Discharge Requirements. Due to new limitations at the Tulare County Landfill, the City can no longer rely on it as the sole disposal site. After reviewing multiple vendors, Holloway Environmental was selected for its regulatory compliance, competitive pricing, and capacity to accept the full stockpile. Staff plans to complete hauling within six to seven weeks and will issue a formal RFB for future disposal services in 2026.
Background Discussion:
The Visalia Water Reclamation Facility (WRF) generates biosolids as a byproduct of the wastewater treatment processes. These biosolids must be removed and properly disposed of in compliance with the facility’s Waste Discharge Requirements (WDRs), issued by the State Water Resources Control Board. Under current regulatory conditions, the entire 2024 biosolids stockpile must be removed by December 31, 2025.
In recent years, the City has utilized the Tulare County Landfill for biosolids disposal. However, due to the specialized handling required for biosolids and the landfill’s need to accommodate other wastewater agencies in Tulare County, the landfill has significantly reduced the quantity of biosolids it will accept. As of mid-2025, the landfill has limited biosolids acceptance to 100 tons every other week, effectively constraining the City’s ability to meet the required disposal timeline.
The current 2024 biosolids stockpile is estimated at over 6,000 tons, making it infeasible to comply with WDR deadlines using the landfill alone.
Given the time-sensitive nature of the required biosolids disposal and the diminished availability of Visalia City Council Page 1 of 3 Printed on 8/14/2025
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File #: 25-0350 Agenda Date: 8/18/2025 Agenda #: 13.
the landfill, staff solicited quotes from four qualified biosolids disposal facilities:
· Holloway Environmental
· Red Rock Environmental Group
· Bakke Ag Services
· City of Paso Robles Solid Waste and Recycling
Bakke Ag Services was initially identified as the most cost-effective option; however, upon further review, it was discovered that Bakke does not hold a valid Waste Discharge Identification (WDID) number. As a result, they are not authorized to receive and land-apply biosolids under current regulatory requirements and were, therefore, disqualified.
Of the remaining vendors, Holloway Environmental submitted a competitive gate fee of $24 per ton, maintains appropriate regulatory permits (including a valid WDID), and has demonstrated past performance handling large biosolids volumes from other agencies. Holloway’s site location and capacity also provide the most feasible and reliable solution given the City’s time constraints.
After consulting with the City’s contracted biosolids hauler, Mike Clark Trucking, staff developed a disposal plan utilizing seven covered trucks to haul approximately 200 tons per day, five days per week. Based on this schedule, staff anticipates the entire 2024 stockpile can be removed within six to seven weeks once hauling begins. While the deadline for removal of the 2024 stockpile is December of 2025, because the cost disposal of the material based on weight, it is most cost effective for the City to perform this work while the material is driest, in the late summer and early fall.
Staff intends to initiate a formal Request for Bids (RFB) process in early 2026 to secure biosolids disposal services for subsequent years.
Fiscal Impact: It’s estimated that 6,000 tons of biosolids remain from the 2024 stockpile. Holloway is proposing a gate fee of $24/ton for a total of $144,000 in gate fees. Since Holloway’s disposal site is in Lost Hills, additional funds will need to be appropriated from the Wastewater Fund (431) to pay for the additional transit time required to haul the biosolids to Lost Hills instead of the Tulare County Land Fill. The biosolids operating budget currently has $154,500 budgeted for hauling and disposal in 4336-55700. It’s estimated that disposal and hauling will total $370,800. Staff is requesting that an additional $220,000 be appropriated from the Wastewater Fund (431) to cover the increased hauling and disposal costs.
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to approve a 1-year emergency contract with Holloway Environmental not to exceed $144,000 to dispose of the 2024 biosolids stockpile generated at the Visalia WRF and appropriate an additional $220,000 from the Wastewater Fund.
Visalia City Council Page 2 of 3 Printed on 8/14/2025
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File #: 25-0350 Agenda Date: 8/18/2025 Agenda #: 13.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 8/18/2025
Attachments:
Bakke Ag Quote
Holloway Quote
Paso Robles Quote
Red Rock Quote
W9
COI
Levine Act
Contract
Visalia City Council Page 3 of 3 Printed on 8/14/2025
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25-020.02 1
July 22, 2025
VIA EMAIL
City of Visalia
7579 Avenue 288
Visalia, Ca 93277
Att. Ben Litwack
(559) 713-4671
Subject: Proposal No. 25-020.02 –Disposal of Biosolids for City of Visalia Dear Mr. Ben Litwack,
Holloway Environmental Solutions, LLC. (Holloway) is happy to provide you with a quote for biosolids disposal services for City of Visalia. Holloway offers access to a fully permitted, state-of-the-art facility, and is pleased to provide you with a quote for your biosolids disposal needs.
Holloway is the majority owner of H.M. Holloway, Inc. (“H.M. Holloway”) and manages and oversees all waste operations. H.M. Holloway is a fully functioning gypsum mining operation that has expanded to offer multiple services, including accepting waste. Specifically, as it relates to this quote, H.M. Holloway has permits to accept class B or better biosolid material into pits that were excavated during normal mining operations. The current permitted facility has a daily waste capacity of 2,000 wet tons per day.
Holloway will coordinate and supply all required permits, equipment, labor, insurance, and materials necessary to operate and monitor said waste project in accordance with all professional management practices and any local regulations when applicable. Holloway will dispose of class B biosolids from the water reclamation facility to the Holloway facility located at 14045 Holloway Road, Lost Hills, CA 93249.
Cost and Terms:
Holloway understands that the City of Visalia will require disposal of the biosolids located at the City of Visalia wastewater treatment plant located at 7579 Ave 288, Visalia, Ca 93277. The material will be loaded and hauled by City of Visalia arrangements. The material will be disposed at the Holloway Landfill located at 14045 Holloway Road, Lost Hills, CA 93249. The cost for this service as shown below:
Pricing:
Estimated Tonnage : 6,000 Tons
Gate Fee: $24.00 Per Ton
301
25-020.02 2
Terms:
Holloway can suspend services if customer is delinquent over 60 days. Biosolid material will be at a minimum 15% dry cake.
Holloway will not be responsible for finding an alternative site nor pay the difference in costs. Holloway can suspend services if sample results come back exceeding our permit limits and if Holloway’s radiological sensor indicates a hot load. In this instance Holloway will not be responsible for finding an alternative site nor pay the difference in costs. If Holloway in the unlikelihood is shut down, we are not obligated to pay liquidated damages or be responsible for finding/paying for an alternate disposal site. The City is responsible for all sampling and lab testing costs that may be required. Client will pay promptly no later than 30 days from invoice date. Late payments will be charged $25 a day for every delinquent day until paid in full.
Thank you for the opportunity to provide this quote. If our proposal is acceptable, please sign and email the document back to your account manager. Feel free to call or email if you have any questions. We look forward to hearing from you soon.
Regards,
Jeremy Bowman
Senior Vice President
Holloway Environmental Solutions, LLC
Customer Representative
_____________________________________ _______________________________________ Printed Name Title
_____________________________________ _______________________________________ Signature Date
*This letter and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. This letter contains confidential information and is intended only for the individual(s) or entity named. If you are not the named addressee you should not disseminate, distribute, or copy this letter. Please notify the sender immediately by e-mail if you have received this letter by mistake, please delete this letter from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing, or taking any action in reliance on the contents of this information is strictly prohibited. 5060 California Ave. Suite 710 Bakersfield, Ca 93309
(661) 758-6484
hollowayenvironmental.com
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07/22/2025
James G Parker Insurance Assoc
License #0554959
P O Box 1129
Hanford CA 93232
Shelley Escobar CISR
(559) 584-3323 (559) 584-9313
[email protected]
Holloway Environmental LLC
PO Box 9127
Bakersfield CA 93389
Allied World National Assurance Co Inc 10690
Third Coast Insurance Company 10713
State Compensation Ins Fund 35076.
Great Lakes Insurance SE
25-26 WC 24-25GL BA EX
PD
A
Pollution Legal Liability
Y Y 03115936 11/30/2024 11/30/2025
1,000,000
300,000
25,000
1,000,000
2,000,000
2,000,000
Pollution Liability 1,000,000
B TCCRO00166124 11/30/2024 11/30/2025
1,000,000
A 03115938 11/30/2024 11/30/2025
10,000,000
10,000,000
C N 9341457-2025 07/01/2025 07/01/2026
1,000,000
1,000,000
1,000,000
D
Auto Physical Damage
B152503534A241332 11/30/2024 11/30/2025
Comp/Collision Ded $2,500
Comp/Collision Ded for
High Value Units $5,000/$10,000
City of Visalia, its officers, agents, employees, representatives, and volunteers are included as additional insureds with primary and non-contributory wording and waiver of subrogation as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia as respects general liability and per forms ENV PEP2 02002 00 0123 and ENV PEP2 00004 00 0323 attached.
City of Visalia
707 W Acequia
Visalia CA 93291
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
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INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
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(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS
NON-OWNED
OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTHSTATUTEPER
(MM/DD/YYYY) LIMITS
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
LTR TYPE OF INSURANCE POLICY NUMBER
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $
AGGREGATE $
$
OCCUR
CLAIMS-MADE
DED RETENTION $
PRODUCTS - COMP/OP AGG $
GENERAL AGGREGATE $
PERSONAL & ADV INJURY $
MED EXP (Any one person) $
EACH OCCURRENCE $
DAMAGE TO RENTED
PREMISES (Ea occurrence) $
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
304
HM Holloway Inc
HM Holloway LLC
Holloway Agricultural Services LLC
Holloway Environmental Solutions LLC
Holloway Farm Management LLC
Holloway Holdings LLC
Holloway Logistics LLC
Holloway Management LLC
Holloway Materials Recovery OpCo LLC
Holloway Metals Recovery Holdings LLC
Corporation, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Lost Hills Environmental LLC
Lost Hills Land Holdings LLC
Lost Hills Mining LLC
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Limited Liability Company, Additional Named Insured
Additional Named Insureds
Other Named Insureds
OFAPPINF (02/2007) COPYRIGHT 2007, AMS SERVICES INC
305
ENV-PEP2 00004 00 (03/23) Includes copyrighted material of Insurance Services Offices, Inc. with its permission
ALLIED WORLD NATIONAL ASSURANCE COMPANY
PRIMARY ENVIRONMENTAL POLICY (PEP)
COMMERCIAL GENERAL LIABILITY, ENVIRONMENTAL AND PROFESSIONAL LIABILITY COVERAGE
TABLE OF CONTENTS
POLICY SECTIONS PAGE
SECTION I – COVERAGES
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2 COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY 8 COVERAGE C - MEDICAL PAYMENTS 11
COVERAGE D – GENERAL POLLUTION LIABILITY 12
1.a.(1) Hostile Fire and Building Equipment Liability
1.a.(2) Products Pollution and Exposure Liability
1.a.(3) Transported Cargo Pollution Liability
1.a.(4) Contractors Pollution Liability
COVERAGE E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY 13
1.a. Time Element Location Pollution Liability
1.b. Non-Owned Location Pollution Liability
COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY 14
1.a. Bodily Injury and Property Damage
1.b. On-Site Clean-up Costs Liability
1.c. Off-Site Clean-up Costs Liability
COVERAGE G – PROFESSIONAL LIABILITY 15
1.a. Professional Damages
1.b. Mitigation Expense Payments
SECTION I – COVERAGES E, F, AND G – COMMON INSURING AGREEMENT 15 SECTION I – COVERAGES D, E, F, AND G – COMMON EXCLUSIONS 16 SECTION I - COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS 21 SECTION II – WHO IS AN INSURED 22
SECTION III – LIMITS OF INSURANCE 23
SECTION IV – CONDITIONS 25
SECTION V – DEFINITIONS 31
306
ENV-PEP2 00004 00 (03/23) Includes copyrighted material of Insurance Services Offices, Inc. with its permission
PRIMARY ENVIRONMENTAL POLICY (PEP)
COMMERCIAL GENERAL LIABILITY, ENVIRONMENTAL AND PROFESSIONAL LIABILITY COVERAGE Various provisions in this Policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
COVERAGES E, F, AND G OF THIS POLICY PROVIDE CLAIMS MADE AND REPORTED COVERAGE. CLAIM EXPENSE UNDER COVERAGES E, F, AND G REDUCE THE LIMITS OF INSURANCE.
Throughout this Policy the words “you” and “your” refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this Policy. The words “we”, “us” and “our” refer to the Company providing this insurance.
The word “insured” means any person or organization qualifying as such under SECTION II – WHO IS AN INSURED.
Other words and phrases that appear in bold have special meanings. Refer to SECTION V – DEFINITIONS.
In consideration of the payment of premium, and in reliance upon the statements and information in the Application and all information submitted in support thereof, we agree to provide coverage as follows.
COVERAGE IS IN EFFECT IF AN APPLICABLE LIMIT IS SHOWN IN ITEM 3. OF THE DECLARATIONS.
SECTION I – COVERAGES
COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. We may, at our discretion, investigate any occurrence and settle any claim or suit that may result.
But:
(1) The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance as described in SECTION III – LIMITS OF INSURANCE.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS. b. This insurance applies to bodily injury and property damage only if:
(1) The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory;
(2) The bodily injury or property damage occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim, knew that the bodily injury or property damage had occurred, in whole or in part. If such a listed insured or authorized employee knew, prior to the policy period, that the bodily injury or property damage occurred, then any continuation, change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 307
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c. Bodily injury or property damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period.
d. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION II – WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim:
(1) Reports all, or any part, of the bodily injury or property damage to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the bodily injury or property damage; or
(3) Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur.
e. Damages because of bodily injury include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the bodily injury.
2. Exclusions
This insurance does not apply to:
a. Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
b. Contractual Liability
Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages:
(1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an insured contract, provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage, provided:
(a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same insured contract; and
(b) Such attorneys’ fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Liquor Liability
Bodily injury or property damage for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or
(3) Any statute, ordinance, or regulation relating to the sale, gift, distribution, or use of alcoholic beverages.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in:
(a) The supervision, hiring, employment, training, or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol;
if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraphs (1), (2), or (3) above.
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However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving, or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law, or any similar law.
e. Employer's Liability
Bodily injury to:
(1) An employee of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother, or sister of that employee as a consequence of Paragraph (1) above.
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to liability assumed by the insured under an insured contract. f. Pollution
(1) Bodily injury or property damage which would not have occurred in whole or in part but for the actual, alleged, or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time;
(2) Any loss, cost, or expense arising out of any:
(a) Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or
(b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. g. Aircraft, Auto or Watercraft
Bodily injury or property damage arising out of the ownership, maintenance, use or entrustment to others of any aircraft, auto, or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading.
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training, or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the ownership, maintenance, use or entrustment to others of any aircraft, auto or watercraft that is owned or operated by or rented or loaned to any insured.
This exclusion does not apply to:
(1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is not being used to carry persons or property for a charge; (3) Parking an auto on, or on the ways next to, premises you own or rent, provided the auto is not owned by or rented or loaned to you or the insured;
(4) Liability assumed under any insured contract for the ownership, maintenance or use of aircraft or watercraft; or
(5) Bodily injury or property damage arising out of:
(a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of mobile equipment if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or
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(b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of mobile equipment.
(6) Bodily injury or property damage arising out of:
(a) The delivery of liquid product to a wrong receptacle or to a wrong address; or (b) The erroneous delivery of one liquid product for another product by an auto.
If, under (a) or (b), the bodily injury or property damage occurs after such operations have been completed or abandoned at the site of such delivery.
Operations that may require further service, maintenance, correction, repair, or replacement of performance at the wrong address or because of any error, defect, or deficiency, but which are otherwise completed, will be deemed completed.
h. Mobile Equipment
Bodily injury or property damage arising out of:
(1) The transportation of mobile equipment by an auto owned or operated by or rented or loaned to any insured; or
(2) The use of mobile equipment in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity.
i. War
Bodily injury or property damage however caused, arising directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Damage to Property
Property damage to:
(1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization, or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon if the property damage arises out of any part of those premises;
(3) Property loaned to you;
(4) Personal property in the care, custody, or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired, or replaced because your work was incorrectly performed on it.
Paragraphs (1), (3), and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III – LIMITS OF INSURANCE.
Paragraph (2) of this exclusion does not apply if the premises are your work and were never occupied, rented, or held for rental by you.
Paragraphs (3), (4), (5), and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard.
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k. Damage to Your Product
Property damage to your product arising out of it or any part of it. l. Damage to Your Work
Property damage to your work arising out of it or any part of it and included in the products-completed operations hazard.
This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy, or dangerous condition in your product or your work; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.
This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products, Work, or Impaired Property
Damages claimed for any loss, cost, or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal, or disposal of:
(1) Your product;
(2) Your work; or
(3) Impaired property;
if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy, or dangerous condition in it. o. Personal and Advertising Injury
Bodily injury arising out of personal and advertising injury. p. Electronic Data
Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
However, this exclusion does not apply to liability for damages because of bodily injury.
As used in this exclusion, 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.
q. Recording And Distribution of Material Or Information in Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
r. Asbestos
Bodily injury or property damage arising from or based upon asbestos or asbestos-containing material. s. Lead
Bodily injury or property damage arising from or based upon the toxic properties of lead or leadcontaining products or materials. 311
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t. Microbial Matter
Bodily injury or property damage arising from or based upon microbial matter. u. Virus or Bacteria
Bodily injury or property damage arising from or based upon any virus or bacteria. v. Communicable Disease
Bodily injury or property damage arising from or based upon the actual or alleged transmission of a communicable disease.
This exclusion applies even if the claim against any insured alleges negligence or other wrongdoing in the:
(1) Supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease;
(2) Testing for a communicable disease;
(3) Failure to prevent the spread of the disease; or
(4) Failure to report the disease to authorities.
w. Radioactivity
Bodily injury or property damage arising from or based upon radiation, radioactivity, radioactive materials, or contamination, including but not limited to naturally occurring radioactive materials (commonly referred to as NORM, TNORM, or TENORM).
x. Insurance Afforded Under Other Coverages
Bodily injury or property damage for which insurance is afforded under SECTION I –COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, or G – PROFESSIONAL LIABILITY of this Policy or for which insurance is afforded under another Commercial General Liability, Pollution Liability, or Professional Liability policy issued to you by us or an affiliate of us, including, but not limited to, insurance provided for the defense of any claim or suit alleging bodily injury or property damage.
y. Employment-Related Practices
Bodily Injury to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person’s employment; or
(c) Employment-related practices, policies, acts, or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or malicious prosecution directed at that person; or
(2) The spouse, child, parent, brother, or sister of the person as a consequence of bodily injury to that person at whom any of the employment-related practices described in paragraphs (a), (b), or (c) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment, or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
z. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Bodily injury or property damage arising out of:
(1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data.
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This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above.
As used in this exclusion, 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.
aa. Sexual Abuse or Molestation
Any liability arising out of:
(1) The actual, threatened, or alleged:
(a) sexual abuse;
(b) sexual molestation;
(c) sexual assault;
(d) sexual victimization;
(e) physical abuse;
(f) physical assault; or
(g) coercion to engage in sexual activities;
of any person by any employee, assistant, volunteer worker or member of any insured; (2) Any injury resulting from the actual, threatened, or alleged acts listed in subparagraphs (1) (a)through (1) (g) above; or
(3) The negligent employment; investigation; supervision; reporting to the proper authorities, or failure to so report, or retention, of any employee, assistant, volunteer worker or member of any insured whose conduct would be excluded by subparagraph (1) above.
Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III – LIMITS OF INSURANCE.
COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY
1. Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking those damages. However, we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or suit that may result. But:
(1) The amount we will pay for damages is limited as described in SECTION III – LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance as described in SECTION III – LIMITS OF INSURANCE.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS. b. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period.
2. Exclusions
This insurance does not apply to:
a. Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. Material Published With Knowledge of Falsity
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Personal and advertising injury arising out of oral or written publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period
Personal and advertising injury arising out of oral or written publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts
Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability
Personal and advertising injury for which the insured has assumed liability in a contract or agreement.
This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement.
f. Breach of Contract
Personal and advertising injury arising out of a breach of contract, except an implied contract to use another's advertising idea in your advertisement.
g. Quality or Performance of Goods – Failure To Conform To Statements Personal and advertising injury arising out of the failure of goods, products, or services to conform with any statement of quality or performance made in your advertisement. h. Wrong Description of Prices
Personal and advertising injury arising out of the wrong description of the price of goods, products or services stated in your advertisement.
i. Infringement of Copyright, Patent, Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright, patent, trademark, trade secret, or other intellectual property rights. Under this exclusion, such other intellectual property rights do not include the use of another's advertising idea in your advertisement.
However, this exclusion does not apply to infringement, in your advertisement, of copyright, trade dress, or slogan.
j. Insureds in Media and Internet Type Businesses
Personal and advertising injury committed by an insured whose business is:
(1) Advertising, broadcasting, publishing, or telecasting; (2) Designing or determining the content of websites for others; or (3) An Internet search, access, content, or service provider.
However, this exclusion does not apply to Paragraph 29. a, b., and c. of personal and advertising injury under SECTION V - DEFINITIONS.
For the purposes of this exclusion, the placing of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing, or telecasting.
k. Electronic Chatrooms or Bulletin Boards
Personal and advertising injury arising out of an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured exercises control.
l. Unauthorized Use of Another's Name or Product
Personal and advertising injury arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers.
m. Pollution
Personal and advertising injury arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants at any time. n. Pollution-related
Any loss, cost, or expense arising out of any:
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(1) Request, demand, order, or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or
(2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, pollutants. o. War
Personal and advertising injury, however, caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or
(3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
p. Recording And Distribution of Material or Information in Violation of Law Personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law, including the Fair and Accurate Credit Transactions Act (FACTA); or
(3) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or PCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.
q. Asbestos
Personal and advertising injury arising from or based upon asbestos or asbestos-containing material. r. Lead
Personal and advertising injury arising from or based upon the toxic properties of lead or lead-containing products or materials.
s. Microbial Matter
Personal and advertising injury arising from or based upon microbial matter. t. Virus or Bacteria
Personal and advertising injury arising from or based upon any virus or bacteria. u. Communicable Disease
Personal and advertising injury arising from or based upon the actual or alleged transmission of a communicable disease.
This exclusion applies even if the claim against any insured alleges negligence or other wrongdoing in the:
(1) Supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease;
(2) Testing for a communicable disease;
(3) Failure to prevent the spread of the disease; or
(4) Failure to report the disease to authorities.
v. Radioactivity
Personal and advertising injury arising from or based upon radiation, radioactivity, radioactive materials, or contamination, including but not limited to naturally occurring radioactive materials (commonly referred to as NORM, TNORM, or TENORM).
w. Insurance Afforded Under Other Coverages
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Personal and advertising injury for which insurance is afforded under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, or G – PROFESSIONAL LIABILITY of this Policy or for which insurance is afforded under another Commercial General Liability, Pollution Liability, or Professional Liability policy issued to you by us or an affiliate of us, including, but not limited to, insurance provided for the defense of any claim or suit alleging personal and advertising injury.
x. Employment-Related Practices
Personal and advertising injury to a person arising out of any:
(1) Refusal to employ that person;
(2) Termination of that person’s employment; or
(3) Employment-related practices, policies, acts, or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, or malicious prosecution directed at that person; or the spouse, child, parent, brother or sister of the person as a consequence of bodily injury to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above is directed.
This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (1), (2), or (3) above occurs before employment, during employment, or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
y. Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information, or any other type of nonpublic information.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses, or any other loss, cost, or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information.
z. Sexual Abuse or Molestation
Any liability arising out of:
(1) The actual, threatened, or alleged:
(a) sexual abuse;
(b) sexual molestation;
(c) sexual assault;
(d) sexual victimization;
(e) physical abuse;
(f) physical assault; or
(g) coercion to engage in sexual activities;
of any person by any employee, assistant, volunteer worker or member of any insured; (2) Any injury resulting from the actual, threatened, or alleged acts listed in subparagraphs (1) (a) through (1) (g) above; or
(3) The negligent employment; investigation; supervision; reporting to the proper authorities, or failure to so report, or retention, of any employee, assistant, volunteer worker or member of any insured whose conduct would be excluded by subparagraph (1) above.
COVERAGE C - MEDICAL PAYMENTS
1. Insuring Agreement
a. We will pay medical expenses as described below for bodily injury caused by an accident:
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(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(a) The accident takes place in the coverage territory and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, X-ray, and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing, and funeral services.
2. Exclusions
We will not pay expenses for bodily injury:
a. Any Insured
To any insured, except volunteer workers.
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers’ Compensation and Similar Laws
To a person, whether or not an employee of any insured, if benefits for the bodily injury are payable or must be provided under a workers' compensation or disability benefits law or similar law. e. Athletics Activities
To a person injured while practicing, instructing, or participating in any physical exercises or games, sports, or athletic contests.
f. Products-Completed Operations Hazard
Included within the products-completed operations hazard. g. Coverage A Exclusions
Excluded under Coverage A.
COVERAGE D – GENERAL POLLUTION LIABILITY
1. Insuring Agreements
a. We will pay loss that the insured becomes legally obligated to pay because of a claim for:
(1) Hostile Fire and Building Equipment Liability
(i) Bodily injury, property damage, or environmental damage caused by heat, smoke, or fumes from a hostile fire; or
(ii) Bodily injury sustained within a building and caused by smoke, fumes, vapor, or soot produced by or originating from equipment that is used to heat, cool, or dehumidify the building, or equipment that is used to heat water for personal use, by the building’s occupants or their guests. (2) Products Pollution and Exposure Liability
(i) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by your product, and included in the products-completed operations hazard; or 317
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(ii) Bodily injury or property damage caused by the ingestion, inhalation, or absorption of, or contact with, or exposure to, any fumes, dust, particles, vapors, liquids, or other substances that are or originate from your product, and included in the products-completed operations hazard. (3) Transported Cargo Pollution Liability
(i) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by cargo during transportation; or
(ii) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by misdelivery as a result of transportation of cargo. (4) Contractors Pollution Liability
(i) Bodily injury, property damage, or environmental damage resulting from a pollution incident caused by your work away from any location that is owned, rented, managed, or leased by the insured.
b. The insurance afforded under the Insuring Agreements of this COVERAGE D shall only apply if:
(1) The bodily injury, property damage, or environmental damage is caused by a pollution incident that takes place in the coverage territory; and
(2) The bodily injury, property damage, or environmental damage takes place during the policy period; and
(3) Prior to the policy period, no responsible manager knew that bodily injury, property damage, or environmental damage had occurred, in whole or in part. If such a responsible manager knew, prior to the policy period, that the bodily injury, property damage, or environmental damage occurred, then any continuation, change, or resumption of such bodily injury, property damage or environmental damage during or after the policy period will be deemed to have been known prior to the policy period.
c. Bodily injury, property damage, or environmental damage which occurs during the policy period and was not, prior to the policy period, known to have occurred by any responsible manager, includes any continuation, change, or resumption of that bodily injury, property damage, or environmental damage after the end of the policy period.
d. Bodily injury, property damage, or environmental damage will be deemed to have been known to have occurred at the earliest time when any responsible manager:
(1) Reports all, or any part, of the bodily injury, property damage, or environmental damage to us or any other insurer;
(2) Receives a written or verbal demand or claim for loss because of the bodily injury, property damage, or environmental damage; or
(3) Becomes aware by any other means that bodily injury, property damage, or environmental damage has occurred or has begun to occur.
e. Damages because of bodily injury include damages claimed by any person or organization for care, loss of services, or death resulting at any time from the bodily injury. f. We will have the right and duty to defend the insured against any claim for bodily injury, property damage, or environmental damage to which this insurance applies. We have the right to select legal counsel to defend the insured against any such claim. However, we will have no duty to defend the insured against any claim to which this insurance does not apply. We may, at our discretion, investigate any pollution incident and settle any claim that may result. But:
(1) The amount we will pay for loss is limited as described in SECTION III – LIMITS OF INSURANCE; and
(2) Our right and duty to defend ends when the applicable Limits of Insurance as described in SECTION III – LIMITS OF INSURANCE have been used up or tendered into court.
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION I – COVERAGES, COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS.
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1. Insuring Agreements
a. Time Element Location Pollution Liability
We will pay loss that an insured becomes legally obligated to pay because of bodily injury, property damage or environmental damage resulting from a pollution incident on, at, under, or migrating from a time element location, provided that:
(1) The insured establishes to our satisfaction that the pollution incident first commenced at an identifiable time and place during the policy period and is not a continuation or repetition of another incident or event;
(2) The insured discovers the pollution incident no later than twenty (20) days after it first commenced; (3) The pollution incident is reported to us, in writing, no later than eighty (80) days after it first commenced; and
(4) The pollution incident results in a claim for bodily injury, property damage, or environmental damage first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or within the sixty (60) day period immediately following the last day of the policy period.
b. Non-Owned Location Pollution Liability
We will pay loss that an insured becomes legally obligated to pay because of bodily injury, property damage, or environmental damage resulting from a pollution incident on, at, under, or migrating from a non-owned location, provided that:
(1) The pollution incident commences on or after the retroactive date, if any; and (2) The pollution incident results in a claim for bodily injury, property damage, or environmental damage first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable.
COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY
1. Insuring Agreements
a. Bodily Injury and Property Damage Liability
We will pay loss that an insured becomes legally obligated to pay because of bodily injury or property damage resulting from a pollution incident on, at, under, or migrating from a scheduled location, provided that:
(1) The pollution incident commences on or after the retroactive date, if any; and (2) The pollution incident results in a claim for bodily injury or property damage first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable. b. On-Site Clean-up Costs Liability
We will pay cleanup costs and emergency response expense because of environmental damage resulting from a pollution incident on, at, or under the scheduled location provided that the pollution incident commences on or after the retroactive date, if any, and the:
(1) Pollution incident is first discovered during the policy period, and reported, in writing, to us and the appropriate governmental authority as required by environmental law, during the policy period; or (2) Pollution incident results in a claim for environmental damage on, at, or under a scheduled location, and the claim is first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable.
Our obligation to pay clean-up costs or emergency response expense under this paragraph b. does not include any clean-up costs or emergency response expense for the investigation, abatement, containment, treatment, removal, remediation, monitoring, or other activities conducted beyond the boundaries of a scheduled location, including any associated transportation and disposal activities, even if such costs are to avoid or mitigate a pollution incident on, at, or under a scheduled location. c. Off-Site Clean-up Costs Liability
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We will pay cleanup costs and emergency response expense because of environmental damage resulting from a pollution incident migrating from a scheduled location provided that the pollution incident commences on or after the retroactive date, if any, and the:
(1) Pollution incident is first discovered during the policy period, and reported, in writing, to us and the appropriate governmental authority as required by environmental law, during the policy period; or (2) Pollution incident results in a claim for environmental damage migrating from a scheduled location, and the claim is first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable.
Our obligation to pay clean-up costs or emergency response expense under this paragraph c. does not include any clean-up costs or emergency response expense for the investigation, abatement, containment, treatment, removal, remediation, monitoring, or other activities conducted on, at, or under a scheduled location, including any associated transportation and disposal activities, even if such costs are to avoid or mitigate a pollution incident migrating beyond the boundaries of a scheduled location.
COVERAGE G – PROFESSIONAL LIABILITY
1. Insuring Agreements
a. We will pay professional damages an insured becomes legally obligated to pay because of a claim resulting from an actual or alleged act, error, or omission in the rendering or failure to render professional services, provided that:
(1) The claim arises out of professional services rendered on or after the retroactive date, if any, and prior to the last day of the policy period; and
(2) The claim is first made against the insured during the policy period, and the claim is first reported to us, in writing, during the policy period or the extended reporting period, if applicable. b. We will pay mitigation expense on behalf of the insured resulting from an act, error, or omission in professional services rendered by the insured, provided that:
(1) The professional services are rendered during the policy period or on or after the retroactive date, if any;
(2) The insured, during the policy period, provides us with immediate written notice of the act, error, or omission in professional services and the proposed mitigation action, if any, prior to incurring any mitigation expense; and
(3) All mitigation expense must be approved by us, in writing, prior to incurring any mitigation expense, and must not be afforded insurance under any other insuring agreement of the policy, including COVERAGE G, 1. a.
SECTION I – COVERAGES E, F, AND G – COMMON INSURING AGREEMENT
1. We will have the right and duty to defend the insured against any claim for bodily injury, property damage, environmental damage, or professional damages to which any of SECTION I – COVERAGES, COVERAGE E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY applies, by the payment of claim expense. We have the right to select legal counsel to defend the insured against any such claim. However, we will have no duty to defend the insured against any claim to which any of these coverages do not apply. We may, at our discretion, investigate any pollution incident or act, error or omission in the rendering or failure to render professional services, and settle any claim that may result.
But:
a. The amount we will pay for loss, cleanup-costs, emergency response expense, professional damages, mitigation expense, and any other amounts which may be afforded insurance under Coverages E, F, and G is limited as described in SECTION III – LIMITS OF INSURANCE; and b. Our right and duty to defend and continue to pay claim expense ends when the applicable Limit of Insurance as described in SECTION III – LIMITS OF INSURANCE has been used up or tendered into court.
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2. If a claim for bodily injury, property damage, environmental damage, professional damages, or discovery of pollution incident or act error or omission in the rendering or failure to render professional services, is reported to us during this policy period, then any and all subsequent claims or subsequent discoveries of pollution incidents or acts, errors or omissions in the rendering or failure to render professional services that result from the same, repeated, or continuous pollution incident or act, error or omission in the rendering or failure to render professional services reported to us during a continuous, uninterrupted renewal thereof issued by us to you providing substantially the same coverage, will be deemed to have been made during this policy period. All claims, arising from all such bodily injury, property damage, environmental damage or professional damages, or discoveries of pollution incidents or acts, errors, or omissions in the rendering or failure to render professional services shall be deemed to have arisen from one pollution incident or one act, error or omission in the rendering or failure to render professional services and shall be subject to the applicable Limits of Insurance of this policy.
3. Loss because of bodily injury includes loss claimed by any person or organization for the care, loss of services, or death resulting at any time from the bodily injury.
SECTION I – COVERAGES D, E, F, AND G – COMMON EXCLUSIONS 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 insurance does not apply to claims, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, claim expense, or any other amount, injury, or damage for which insurance may be afforded under this policy:
a. Asbestos and Lead-Based Paint
Arising out of asbestos, asbestos-containing materials, or lead-based paint in, on, or applied to any building or other structure. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES:
(1) COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a. (4) Contractors Pollution Liability;
(2) COVERAGES E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and FSCHEDULED LOCATION POLLUTION LIABILITY, for:
(a) A claim for bodily injury or property damage; or
(b) That portion of clean-up costs or emergency response expense for the remediation of soil, surface water, or groundwater that arises out of the inadvertent disturbance of asbestos or asbestos-containing materials or lead-based paint;
and
(3) COVERAGE G – PROFESSIONAL LIABILITY
b. Capital Improvement
Arising out of a pollution incident discovered, encountered, or identified, in whole or in part, in the course of performing, involving, or associated with a capital improvement at a scheduled location.
For the purpose of this exclusion, ‘capital improvement’ means any man-made change or alteration to any premises, site, or location including any activity undertaken to develop, renovate, repair, upgrade or improve such premises, site, or location, including but not limited to excavation, ditching, dredging, clearing, grading, drilling, boring, construction, demolition, dewatering or any other activity to develop, renovate, repair, upgrade or improve such premises, site or location.
c. Communicable Disease
Arising out of the actual or alleged transmission of a communicable disease.
This exclusion applies even if the claim against any insured alleges negligence or other wrongdoing in the:
(1) Supervising, hiring, employing, training, or monitoring of others that may be infected with and spread a communicable disease;
(2) Testing for a communicable disease;
(3) Failure to prevent the spread of the disease; or
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(4) Failure to report the disease to authorities.
d. Contractual Liability
Arising out of the insured’s assumption of liability in a contract or agreement.
This exclusion does not apply to liability:
(1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an insured contract, provided the bodily injury, property damage, environmental damage or emergency response expense occurs subsequent to the execution of the contract or agreement. Solely with respect to the insurance afforded under SECTION I – COVERAGES - COVERAGES D - GENERAL POLLUTION LIABILITY, E - TIME-ELEMENT AND NONOWNED LOCATION POLLUTION LIABILITY, and F - SCHEDULED LOCATION POLLUTION LIABILITY, and for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be loss other than claim expense, provided:
(a) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same insured contract; and
(b) Such attorneys’ fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. e. Criminal Fines, Penalties, and Assessments
Arising out of any criminal fine, criminal penalty, or criminal assessment. f. Damage to Conveyance
Arising out of property damage to any conveyance utilized during transportation. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (3) Transported Cargo Pollution Liability for claims made by thirdparty carriers for such property damage arising from the insured’s negligence. g. Damage to Property
Arising out of property damage to any property owned, leased, occupied by, or loaned to an insured including any costs or expenses incurred for repair, replacement, enhancement, restoration, or maintenance of such property for any reason, including prevention of injury to a person or damage to another’s property, or that is personal property in the care, custody or control of an insured. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability for real or personal property owned or leased by or in the care, custody, or control of your client.
h. Damage to Your Product
Arising out of property damage or environmental damage to your product arising out of it or any part of it after you have relinquished physical possession. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D. GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (2) Product Pollution and Exposure Liability.
i. Damage To Your Work
Arising out of any property damage or environmental damage to your work arising out of it or any part of it.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a. (4) Contractors Pollution Liability, if the damaged work or the work out of which the loss arises was performed by your subcontractor. j. Discrimination
Arising out of any actual or alleged discrimination by an insured including but not limited to discrimination on the basis of race, creed, national origin, disability, age, marital status, sex, or sexual orientation unless a claim is based upon or arises out of the failure to make reasonable accommodations for a disability in violation of the American with Disabilities Act, 42. U.S.C. 112101, et seq., as amended. k. Dishonest Acts/Intentional Non-Compliance
Arising out of:
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(1) Any dishonest, fraudulent, criminal, intentional, or malicious act, error, or omission or those of a knowingly wrongful nature committed by or at the direction of any insured, however, this exclusion will not apply to an insured who did not commit, participate in or have knowledge of such conduct; or (2) Any intentional disregard of or deliberate, willful or dishonest non–compliance with any environmental law or any other statute, ordinance, regulation, order, judgment, decree, a notice of violation, instruction, or directive issued by or on behalf of any governmental body.
This exclusion does not apply to an insured’s non-compliance with any law or regulation based on: (i) an insured’s reasonable and good faith reliance upon the written advice of qualified outside counsel received in advance of such non-compliance; or (ii) the reasonable and good faith efforts to mitigate a pollution incident that results in emergence response expense provided coverage under the policy. l. Divested Property
Arising out of a pollution incident on, at, under, or migrating from a time-element location or scheduled location, where such pollution incident commenced after the time such location was sold, given away or abandoned by an insured, or was condemned.
m. Electronic Services
Arising out of any failure to prevent unauthorized access to or use of an electronic system or program, unless such unauthorized access arises out of any act, error, or omission in the rendering of or failure to render professional services by you.
n. Employer's Liability
Arising out of any bodily injury to:
(1) An employee of an insured if such bodily injury arises out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured's business; or (2) To the spouse, child, parent, brother, sister, member of the household or any relation of such employee, including a leased worker and a temporary worker, who has a right to make a claim against an insured as a consequence of bodily injury described in paragraph (1) above.
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability for liability assumed by the insured under an insured contract executed prior to the date such injury occurs as a result of your work for such contract.
o. Expected or Intended Injury or Damage
Arising out of any injury or damage that is expected or intended from the standpoint of a responsible manager. p. Failure to Maintain Insurance
Arising out of the actual or alleged failure to advise or require or failure to effect and maintain any policy of insurance, suretyship, or bond.
q. Faulty Workmanship
Arising out of the cost to repair or replace any faulty workmanship performed in whole or in part by any insured or anyone for whom any insured is legally responsible, including but not limited to faulty assembly, construction, erection, fabrication, installation, remediation, dismantling, excavation, or manufacturing.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (1) Hostile Fire and Building Equipment Liability, (2) Products Pollution and Exposure Liability, and (3) Transported Cargo Pollution Liability, COVERAGE E -TIME- ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY.
r. Insured Versus Insured
Arising out of:
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(1) Any claim made by any insured against any other person or entity that is also an insured under this Policy; or
(2) Any claim brought against any individual or entity or its subrogees or assignees:
(a) That wholly or partially owns or operates you;
(b) In which you have an ownership interest in excess of twenty-five percent (25%); (c) That is controlled or operated by you; or
(d) In which you are an officer or director.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability to a client of the named insured that the named insured has agreed by written contract to name as an additional insured on this policy but only with respect to loss caused by your work. s. Known Pollution
Arising out of a pollution incident that occurred, in whole or in part, prior to the first day of the policy period and was known by, or reported to, a responsible manager prior to the first day of the policy period. Any continuation, change or resumption of such pollution incident will be deemed to have been known by a responsible manager prior to the first day of the policy period.
This exclusion does not apply to:
(1) A pollution incident that is specifically identified and scheduled as an exception to this exclusion in a Scheduled Pollution Incident endorsement attached to this policy; or (2) Insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (4) Contractors Pollution Liability and COVERAGE G – PROFESSIONAL LIABILITY.
t. Material Change in Use
Arising out of a change in the use of or operations at a scheduled location from that which you disclosed to us, in writing, prior to the first day of the policy period, where such change materially increases the likelihood or extent of a pollution incident, bodily injury, property damage, environmental damage, loss or claim, in relation to the disclosed use or operations, unless we consent to such change in writing. u. Nuclear
Arising out of any radioactive, toxic, or explosive properties of Source Materials, Special Nuclear Materials, or By-Product Materials as defined in the Atomic Energy Act and for which the United States Department of Energy or any other government authority or agency has indemnified the insured or for which the Price Anderson Act provides protection for the insured.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D - GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (1) Hostile Fire and Building Equipment Liability, (2) Products Pollution and Exposure Liability, and (3) Transported Cargo Pollution Liability, COVERAGE E -TIME- ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY.
v. Prior Claims or Incidents
Arising out of a claim, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, an actual or alleged wrongful act, error or omission in the rendering or the failure to render professional services, or other circumstances:
(1) Reported by you or on your behalf under any policy not issued by us or any entity affiliated with us prior to the first day of the policy period or the first day of the first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof; or
(2) Known by, or reported to, a responsible manager prior to the first day of the policy period or the first day of the first policy issued to you by us if this policy is a continuous, uninterrupted renewal thereof.
Any continuation, change or resumption of such claim, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, actual or alleged wrongful act, error or omission in the rendering or the failure to render professional services or other circumstances will be deemed to have been known by or reported to, a responsible manager prior to the first day of the policy period. 324
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w. Related Entities
Arising out of any claim by an entity or individual that:
(1) Is an affiliate of an insured;
(2) An insured controls, manages, operates, or holds more than twenty-five percent (25%) ownership interest in;
(3) Which controls, manages, operates, or holds more than a twenty-five percent (25%) ownership interest in an insured; or
(4) Is controlled or managed by an insured.
x. Trademark or Copyright Infringement
Arising out of any infringement, misappropriation, or violation of copyright, patent, service marks, trademarks, trade secrets, title, or other proprietary or licensing rights or intellectual property of any products, technologies, or services by any insured.
y. Transportation
Arising out of the ownership, maintenance, use, operation, entrustment to others, or loading or unloading of any auto, railcar, train, watercraft, or aircraft beyond the boundaries of a time-element location, non-owned location, or scheduled location, or beyond the boundaries of a job site where your work is performed by you or on your behalf. This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D- GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a.(3) Transported Cargo Pollution Liability.
z. Underground Storage Tanks
Arising out of any underground storage tank. Except for SECTION I – COVERAGES – COVERAGE E - TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements a. Time Element Location Pollution Liability, this exclusion does not apply to an underground storage tank:
(1) Whose existence is not known by or reported to any responsible manager prior to the policy period; (2) That is scheduled onto this policy by endorsement;
(3) Which has been closed, abandoned in place, or removed prior to the commencement of the policy period in accordance with environmental law at the time of such closure, abandonment, or removal; or (4) That is an oil/water separator, stormwater collection system, or flow-through process tank located partially in the ground.
aa. War
Arising out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign, or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
bb. Warranty / Guarantee
Arising out of any express warranty or guarantee unless liability would have attached by law to the insured in the absence of such warranty or guarantee.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements a. (4) Contractors Pollution Liability and COVERAGE G – PROFESSIONAL LIABILITY for any warranty or guarantee by the insured that your work or the insured’s professional services are in conformity with the generally accepted standard of care or a legal obligation that would be applicable in the absence of such warranty or guarantee. cc. Waste Brokering Services
Arising out of any consultation and arrangement for the transportation, disposal, or treatment of waste or recyclable materials, products, or other materials.
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This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES - COVERAGE D -
GENERAL POLLUTION LIABILITY, COVERAGE E -TIME- ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, COVERAGE F – SCHEDULED LOCATION POLLUTION LIABILITY, and COVERAGE G – PROFESSIONAL LIABILITY but only to the extent that such consultation and arrangement for waste or recyclable materials, products, or other materials is disclosed to us, in writing, as insured professional services in the application or supplemental materials in support of the application. dd. Waste Disposal
Arising out of a pollution incident on, at, under, or migrating from any location to which waste or recyclable materials, products, or other materials have been delivered beyond the boundaries of any site where your work is being performed.
This exclusion does not apply to the insurance afforded under SECTION I – COVERAGES, COVERAGE E - TIME ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, 1. Insuring Agreements, b. NonOwned Location Pollution Liability. ee. Workers’ Compensation and Similar Laws
Arising out of any obligation of the insured under workers’ compensation, disability benefits or unemployment compensation law, or any similar law.
SECTION I - COVERAGES A, B, AND D – SUPPLEMENTARY PAYMENTS
1. We will pay, with respect to any claim we investigate or settle, or any suit against an insured we defend:
a. All expenses we incur.
b. Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.
c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance.
We do not have to furnish these bonds.
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim for damages or claim for loss or suit, including actual loss of earnings up to $500 a day because of time off from work.
e. All court costs taxed against the insured in the suit. However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured.
f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.
g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.
These payments will not reduce the limits of insurance.
Our right and duty to defend and continue to pay supplementary payments end we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court; or (ii) the General Aggregate Limit has been used up or tendered into court.
2. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit, we will defend that indemnitee if all of the following conditions are met:
a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same insured contract;
d. The allegations in the suit and the information we know about the occurrence or pollution incident are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee;
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e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee:
(1) Agrees in writing to:
(a) Cooperate with us in the investigation, settlement, or defense of the suit; (b) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the suit;
(c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(2) Provides us with written authorization to:
(a) Obtain records and other information related to the suit; and (b) Conduct and control the defense of the indemnitee in such a suit.
Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up either: (i) the applicable limit of insurance in the payment of judgments or settlements or such limit is tendered into court; (ii) the General Aggregate Limit has been used up or tendered into court; or (iii) the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met.
SECTION II – WHO IS AN INSURED
1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner.
b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture, or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.
2. Each of the following is also an insured:
a. Your volunteer workers only while performing duties related to the conduct of your business, or your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for:
(1) Bodily injury or personal and advertising injury:
(a) To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); or
(b) For which there is an obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph(1)(a) above; or (c) Arising out of his or her providing or failing to provide professional health care services except incidental health care services provided by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services and provided you are not engaged in the business of providing such services. (2) Property damage to property:
(a) Owned, occupied, or used by you; or
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(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee or volunteer worker), or any organization while acting as your real estate manager.
c. Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Policy.
3. Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only: (i) until the ninetieth (90th) day after you acquire or form the organization or the last day of the policy period, whichever is earlier; (ii) provided that you give us written notification within ninety (90) days of the date of such acquisition or formation or before the last day of the policy period, whichever is earlier; and (iii) an additional premium to be charged at our discretion, determined by us, is paid when due;
b. SECTION I – COVERAGES, COVERAGES A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, F – SCHEDULED LOCATION POLLUTION LIABILITY, and G – PROFESSIONAL LIABILITY do not apply to bodily injury, property damage, environmental damage, emergency response expense, professional damages or mitigation expense, or any other amounts for which insurance is afforded under those Coverages that occurred before you acquired or formed the organization; and
c. SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization.
4. a. A manager or lessor of premises, a lessor of leased equipment, or a mortgagee, assignee, or receiver is not an insured as respects bodily injury, property damage, environmental damage, or personal and advertising injury:
(1) Arising out of any occurrence or pollution incident that takes place after the equipment lease expires or you cease to be a tenant; or
(2) Arising out of structural alterations, new construction, or demolition operations performed by or on behalf of the manager or lessor of premises, or mortgagee, assignee, or receiver.
5. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury, property damage, environmental damage, or personal and advertising injury arising out of their financial control of you caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf.
No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations.
SECTION III – LIMITS OF INSURANCE
1. The Limits of Insurance shown in Item 3. of the Declarations and the rules below fix the most we will pay regardless of the number of:
a. Insureds;
b. Claims made or suits brought; or
c. Persons or organizations making claims or bringing suits.
2. The General Aggregate Limit is the most we will pay for the sum of:
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a. Damages under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except damages because of bodily injury or property damage included in the products-completed operations hazard;
b. Damages under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY;
c. Medical expenses under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS; d. Loss under SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY, E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY, except loss because of bodily injury, property damage, or environmental damage included in the products-completed operations hazard; and e. Professional damages and mitigation expense under SECTION I – COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY.
3. The Products-Completed Operations Aggregate Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages, and under COVERAGE D – GENERAL POLLUTION LIABILITY, 1. Insuring Agreements, a. (2) Products Pollution and Exposure Liability, and a. (4) Contractors Pollution Liability for loss because of bodily injury, property damage, and environmental damage included in the products-completed operations hazard.
4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY for the sum of all damages because of all personal and advertising injury sustained by any one person or organization. Under Coverage B, all damages arising out of the same, related, repeated, or continuous offense are deemed to arise out of one offense.
5. Subject to Paragraph 2. or 3. above, whichever applies:
a. The Each Occurrence Limit is the most we will pay for the sum of:
(1) All damages under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY; and
(2) Medical expense under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS; because of all bodily injury and property damage arising out of any one occurrence provided, however, that subject to the foregoing, the Medical Expense Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS for the sum of all medical expenses because of bodily injury sustained by one person. Under Coverages A and C, all damages and medical expenses arising out of the same, related, repeated, or continuous occurrence are deemed to arise out of one occurrence.
b. (1) The Each Pollution Incident Limit shown for SECTION I – COVERAGES, COVERAGES D – GENERAL POLLUTION LIABILITY is the most we will pay for the sum of all loss (including clean-up costs and emergency response expense) under SECTION I – COVERAGES, COVERAGE D – GENERAL POLLUTION LIABILITY because of all bodily injury, property damage, and environmental damage arising out of any one pollution incident. Under Coverages D, all loss (including clean-up costs and emergency response expense), or any combination thereof, arising out of the same, related, repeated, or continuous pollution incident are deemed to arise out of one pollution incident. (2) The Each Pollution Incident Limit shown for SECTION I – COVERAGES, COVERAGES E – TIMEELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY is the most we will pay for the sum of all loss (including cleanup costs and emergency response expense) under SECTION I – COVERAGES, COVERAGES E – TIME-ELEMENT AND NON-OWNED LOCATION POLLUTION LIABILITY, and F – SCHEDULED LOCATION POLLUTION LIABILITY because of all bodily injury, property damage, and environmental damage arising out of any one pollution incident. Under Coverages E, and F, all loss (including clean-up costs and emergency response expense), or any combination thereof, arising out of the same, related, repeated, or continuous pollution incident are deemed to arise out of one pollution incident.
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c. The Each Act, Error, or Omission Limit is the most we will pay for the sum of all professional damages and mitigation expense, combined, under SECTION I - COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY because of all professional damages and mitigation expense arising out of any one act, error, or omission in the rendering or failure to render professional services provided, however, subject to the foregoing, the Mitigation Expense Limit is the most we will pay under SECTION I - COVERAGES, COVERAGE G – PROFESSIONAL LIABILITY for the sum of all mitigation expense.
Under Coverage G, all professional damages and mitigation expense, or both combined, arising out of the same, related, repeated, or continuous acts, errors, or omissions in the rendering or the failure to render professional services are deemed to arise out of one act, error, or omission in the rendering or failure to render professional services.
6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY for damages because of property damage to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner.
7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under SECTION I – COVERAGES, COVERAGE C – MEDICAL PAYMENTS for all medical expenses because of bodily injury sustained by any one person.
8. The Limits of Insurance apply in excess of the Deductible amounts shown in Item 3. of the Declarations. The Deductible applies to all damages, loss, clean-up costs, emergency response expense, professional damages, mitigation expense, or claim expense arising out of any one applicable occurrence, offense, pollution incident or act, error or omission in the rendering or failure to render professional services, regardless of the number of persons or organizations who sustain damages, loss, clean-up costs, emergency response expense, professional damages, mitigation expense or claim expense.
We may pay any part or all of the Deductible amount to effect a settlement of any claim, damages, loss, cleanup costs, emergency response expense, professional damages, mitigation expense or claim expense and upon notification to you, you shall promptly reimburse us for such part of the Deductible.
9. When we present a settlement offer to the insured that is acceptable to a claimant and within the applicable Limits of Insurance or Deductible, and the insured rejects the proposed settlement of the claim for the amount of the settlement offer, our duty to defend the claim shall end and the insured shall defend the claim at the insured’s own expense. In that event, our liability shall not exceed the amount of the settlement offer that was rejected by the insured, plus the amount of claim expense incurred up to and including the date of such rejection by the insured, less any outstanding Deductible amounts. For the purpose of this paragraph, rejection of the proposed settlement offer includes the insured’s failure to accept, in writing, the proposed settlement offer within five (5) calendar days of the insured’s receipt of such offer.
10. Subject to SECTION IV - CONDITIONS,12. Multiple Coverages, if the same claim, pollution incident, occurrence, offense, or act, error, or omission in the rendering or failure to render professional services results in coverage under more than one Insuring Agreement of this policy, only the highest Deductible under all Insuring Agreements applicable to the claim, pollution incident, occurrence, offense, or act, error or omission in the rendering or failure to render professional services shall apply.
SECTION IV – CONDITIONS
1. Assignment
This Policy may not be assigned without our prior written consent, which shall not be unreasonably withheld.
Assignment of interest under this Policy shall not bind us until our consent is endorsed thereon.
2. Bankruptcy
Bankruptcy or insolvency of the insured or of the insured's estate shall not relieve us of our obligations under this policy and shall not relieve an insured of its obligations under this policy.
3. Cancellation
a. The first Named Insured shown in Item 1. of the Declarations may cancel this Policy by mailing or delivering to us advance written notice of cancellation. When such first Named Insured cancels this Policy, we will return premium to such first Named Insured on a short rate basis subject to the minimum earned premium, if any, shown in an endorsement to the policy.
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b. We may cancel this Policy by mailing or delivering to such first Named Insured written notice of cancellation at least:
(1) Ten (10) days before the effective date of cancellation if we cancel for nonpayment of premium or your failure to reimburse us for any Deductible amount paid by us; or (2) Ninety (90) days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to such first Named Insured's last mailing address known to us. Notice of cancellation will state the effective date and hour of cancellation. The policy period will end on that date.
If notice is mailed, proof of mailing will be sufficient proof of notice.
4. Changes
This Policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in Item 1. of the Declarations is authorized to make changes in the terms of this Policy with our written consent. This Policy's terms can be amended or waived only by endorsement issued by us and made a part of this Policy.
5. Currency
All reimbursement shall be made in United States currency at the rate of exchange prevailing on:
a. The date of judgment if a judgment is rendered;
b. The date of settlement if settlement is agreed upon with our written consent; or c. The date legal expenses are paid.
6. Duties In The Event of Occurrence, Offense, Claim, Suit, Pollution Incident or Act, Error, or Omission a. You must see to it that we are notified as soon as practicable of an occurrence, offense, pollution incident or act, error or omission in the rendering or failure to render professional services to which coverage under any of this insurance may apply. To the extent possible, notice should include:
(1) How, when, and where the occurrence, offense, pollution incident or act, error, or omission in the rendering or failure to render professional services took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the occurrence, offense, pollution incident or act, error or omission in the rendering, or failure to render professional services. b. If a claim is made or a suit is brought against any insured, you must:
(1) Immediately record the specifics of the claim or suit and the date received; and (2) Notify us as soon as practicable.
You must see to it that we receive written notice of the claim or suit as soon as practicable. c. All notifications are to be made to the address shown in Item 1. of the Declarations or via email at [email protected].
d. You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses, or legal papers received in connection with the claim or suit;
(2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim, pollution incident, act, error, or omission in the rendering or failure to render professional services or defense against the suit; (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury, damage, loss, or professional damages to which this insurance may also apply; and
(5) Update us regarding any requested information that is not available at the time of the request but subsequently becomes available.
e. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our prior consent, provided, however, this provision does not apply for emergency response expense for which you are entitled to recover under this policy. f. With respect to any pollution incident or environmental damage, the insured must:
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