Visalia City Council
November 17, 2025

Visalia City Council
707 W. Acequia
Visalia, CA 93291
Visalia City Council
Visalia City Council
Meeting Agenda - Final
Mayor Brett Taylor
Vice Mayor Liz Wynn
Council Member Steve Nelsen
Council Member Emmanuel Hernandez Soto
Council Member Brian Poochigian
Monday, November 17, 2025 7:00 PM City Council Chambers

ROLL CALL
CALL TO ORDER WORK SESSION - 5:30 PM (Unless otherwise noted)

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

WORK SESSION AND ACTION ITEMS (as described)

1. Presentation by the Wastewater Collections Division - Presentation and updates from the Wastewater Collections Division.
25-0512
ADJOURN TO CLOSED SESSION - 6:00 PM (Or, immediately following Work Session)
CALL TO ORDER REGULAR SESSION - 7:00 PM

PLEDGE OF ALLEGIANCE

INVOCATION LED BY PASTOR EXECUTIVE PASTOR KELLY THOMAS,

NEIGHBORHOOD CHURCH

SPECIAL PRESENTATION / RECOGNITION
2025 California Crime and Intelligence Analysts Association Awards

PUBLIC COMMENTS

1 Visalia City Council Meeting Agenda - Final November 17, 2025 This is the time for general public comment on issues within the jurisdiction of the Visalia City Council. Each speaker tonight may speak for up to 3 minutes during this general comment period on a matter that is not on this agenda.

The public may also make one comment for up to 3 minutes prior to the consideration of the Consent Calendar, and immediately before any regular agenda item is heard. The Council asks that you keep you comments concise and positive. Creative criticism, presented with appropriate courtesy, is welcome.

Each speaker will be allowed three minutes and a timer will notify you when your time is expired. Please begin your comments by stating and spelling your name and providing your city of residence.

ITEMS OF INTEREST

CONSENT CALENDAR
Consent Calendar items are considered routine and will be enacted in one motion.

This is the time for members of the public to provide public comment on an item on the Consent Calendar. Comments will not be taken individually by the public if an item is pulled by a Council Member. Each speaker is allowed up to 3 minutes, and a timer will notify you when your time is expired. Please begin your comments by stating and spelling you name and providing your city of residence.

1. Authorization to read ordinances by title only. 25-0426

2. Facility Use Agreement - Execute agreement with the Rural Prosperity Center and project partners to operate and maintain the Community Garden at 222 NW 3rd Ave.
25-0339

3. Civic Center Specialty Equipment Purchase - Authorize the City Manager to enter into a purchase agreement with Systems & Space, Inc., to provide specialty storage equipment for the Civic Center Phase 2 Project, in the amount of $793,840.45.
25-0397

4. Goshen Avenue Right of Way Dedication - Request acceptance of a portion of City-owned property into the public street system as public right of way along the south side of Goshen Avenue, between Burke Street and Ben Maddox Way, across the existing Civic Center Phase 2 frontage (Resolution 2025-72 required). 25-0414

5. Authorization to Award a Contract with Lexipol - Authorize the City Manager to award a sole source five year contract with Lexipol LLC from Frisco, Texas not to exceed $260,000 to provide three software subscription services for (1) Law Enforcement Policy Management Updates/Training Bulletins (2) Managing Employee Training Records and (3) Law Enforcement Field Training Officer Management.
25-0436

2 Visalia City Council Meeting Agenda - Final November 17, 2025

6. Award a Contract to Administer a Seasonal Low-Barrier Emergency Shelter - Award a contract to administer a seasonal low-barrier emergency shelter to the Visalia Homeless Center and authorize staff to negotiate and execute a 1-year agreement not to exceed 15% of Permanent Local Housing Allocation annual allocation estimated at $90,000 annually with 4 available extensions.
25-0442

7. Lease Agreement Authorization - Authorize the Visalia Homeless Center to lease the City building located at 701 East Race Avenue, to operate a seasonal low-barrier emergency shelter during the winter months for Fiscal Year 2025/26 through FY 2029/30 for an annual fee of $1.
25-0504

8. Award a Contract for 14 New Police Patrol Vehicles - Request authorization to award a purchase contract for fourteen (14) fully marked Police patrol units with National Auto Fleet Group located in Watsonville, CA, in the amount of $1,281,193 for 2026 Dodge Durango’s, appropriate $14,130 from General Fund, $106,395 from Measure T, and $122,674 from the Replacement Fund for total appropriations of $243,200.
25-0455

9. Award a Contract for 14 In-Car Radios - Request authorization to award a sole source purchase contract for fourteen (14) Motorola in-car radios in the amount of $83,660 to be installed into 14 new patrol vehicles.
25-0498

10. Authorization to Adopt Resolution No. 2025-75 Accepting Grant Subawards to Replace Bomb Squad Vehicle- Adoption of Resolution No. 2025-75 accepting a grant subaward in the amount of $271,512 from the Tulare County Office of Emergency Services for fiscal year 2024 State Homeland Security Grant Program and a grant subaward from Kings County Office of Emergency Services in the amount of $160,159 and appropriate a total of $431,671 for phase one of the project to replace the Central Valley Regional Bomb Squad Vehicle.
25-0476

11. Award the Purchase and Installation of Cellular Radios - Authorize the City Manager to award the sole source purchase and installation of 13 cellular radios at the City’s sanitary sewer lift stations in the amount of $112,278 to Telstar Instruments and the transfer of funds within the Wastewater Fund.
25-0478

3 Visalia City Council Meeting Agenda - Final November 17, 2025

12. Award East Side Regional Park Basin D Construction Project - Authorize the City Manager to award the construction contract to Avison Construction for the East Side Regional Park Recharge Basin D Project in the amount of $2,608,150; approve Change Order Number One for a scope change in the reduction amount of ($89,800); and appropriate an additional $831,530 from the funds identified in this report.
25-0485

13. Record Final Map - Request authorization to record the final map for Carleton Acres MDR subdivision, located on the east side of Shirk Street, one-quarter mile north of Riggin Avenue (50 lots). 25-0495

14. Award Contract for Aviation Engineering Design Services - Authorize the City Manager to award a contract to Brandley Engineering for aviation professional architectural and design/engineering services for airport development projects at Visalia Municipal Airport for a not to exceed amount of $2,163,000 for a five-year period.
25-0497

15. Authorize Contract for Security Services - Authorize the City Manager to enter into a contract for security services for Transit, Parks and Facilities, Convention Center, Water Reclamation Facility, and other miscellaneous City needs or special events. 25-0499

16. Award a Sole Source Installation of a Sludge Collection System - Authorize a sole source contract for the installation of a sludge collection system at the Visalia Water Reclamation Facility to W.M. Lyles Co. in the amount of $218,842; and appropriate $215,000 from the Wastewater Fund.
25-0507

17. Award the Sole Source Purchase of a Replacement Membrane Bioreactor Train - Authorize the City Manager to approve the sole source purchase of replacement membrane and cassette upgrades at the Visalia Water Reclamation Facility to Veolia Water Technologies & Solutions in the amount of $981,240 and
appropriate $245,000 from the Wastewater Fund.
25-0509

18. Approve and Adopt the 2025 Sewer System Management Plan - Approve and adopt the 2025 Sewer System Management Plan in compliance with State Water Resources Control Board Order. 25-0510

19. Approval of Fiscal Year 2025/2026 Transportation
Development Act Claim - Approve Resolution No. 2025-76 for the Transit Division’s Fiscal Year 2025/2026 Transportation Development Act Claim in the amount of $12,058,805.60.
25-0516

4 Visalia City Council Meeting Agenda - Final November 17, 2025

20. Accept the City of Visalia Cash and Investment Report - Accept the City of Visalia Cash and Investment Report for the first quarter of the fiscal year which consists of months July, August, and September of 2025.
25-0518

21. Notice of Completion for Fiscal Year 2024-25 Reclamite Project - Authorize the City Manager to file a Notice of Completion for the FY 24-25 Reclamite Project.
25-0522

22. Authorize an Amendment and Extension to Airport Lease Agreement and Ordinance Adoption - Second reading and
adoption of Ordinance No. 2025-08 authorizing the City Manager to execute an amendment and extension to the Airport Lease Agreement between the City of Visalia and Aircraft Mechanical Services, Inc. for its location at the Visalia Municipal Airport. 25-0523

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

1. Council Presentation for Tulare Avenue Project Bike Lane Configuration- Receive a presentation for the Tulare Avenue Major Road Rehabilitation from Demaree to Cotta outlining the project bike lane configuration and provide direction to staff on final configuration of bike lanes along Tulare Avenue.
25-0526

2. Ordinance Adoption - Public hearing and first reading of ordinance 2025-14 to adopt the 2025 California Fire Code as published by the International Code Council and amended by the State of California and the City of Visalia.
25-0479

CLOSED SESSION REPORT

ADJOURNMENT

UPCOMING CITY COUNCIL MEETINGS

5 Visalia City Council Meeting Agenda - Final November 17, 2025

1. Upcoming City Council Meetings
Tuesday, December 2, 2025 @ 6:00 p.m. at 707 W. Acequia Monday, December 15, 2025 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.

Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
25-0432

6 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0512 Agenda Date: 11/17/2025 Agenda #: 1.

Agenda Item Wording:

Presentation by the Wastewater Collections Division - Presentation and updates from the Wastewater Collections Division.

Prepared by:

Ben Litwack, Public Works Manager, [email protected], (559) 713-4671 Nick Bartsch, Public Works Director, [email protected], (559) 713-4052 Department Recommendation: Staff recommends that Council receive the presentation and updates from the City of Visalia Wastewater Collections Division.

Summary:

This work session presentation provides an overview of the City’s Sanitary Sewer and Storm Collection Divisions, including their staffing structure, system assets, maintenance activities, infrastructure rehabilitation efforts, and future operational needs. The presentation highlights the divisions’ essential role in maintaining Visalia’s underground infrastructure and protecting the community from flooding, sanitary sewer overflows, and environmental impacts.

Background Discussion:

The Sanitary Sewer and Storm Collection Divisions are responsible for maintaining and operating over 880 miles of buried infrastructure that serve the residents, businesses, and institutions of Visalia. The sanitary sewer system alone includes approximately 500 miles of pipeline and 13 lift stations, while the storm drainage network includes 380 miles of storm sewer, 43 storm lift stations, 7,031 catch basins, 46 ponds, and 35 miles of open ditches.

The City’s collections staff face a number of challenges as Visalia continues to grow and its infrastructure continues to age. Misuse of the system also creates the need for additional maintenance activities. Public outreach and a robust pretreatment program are helping to educate citizen on the proper use of the collections system.

To ensure reliable service, staff employs a proactive maintenance program that includes jetting 25% of the City’s sewer lines annually, completing a full system cleaning cycle every four years.

Preventive maintenance, coupled with CCTV inspections, has enabled the City to maintain an exceptional performance record - Visalia has not experienced a sanitary sewer overflow in over a decade.

Stormwater infrastructure is maintained through regular inspections, basin mowing, sediment removal, and culvert cleaning. The divisions also provide 24/7 after-hours emergency response for sewer backups, flooding, and system alarms, coordinating closely with the Streets Division during major weather events.

Visalia City Council Page 1 of 2 Printed on 11/12/2025
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File #: 25-0512 Agenda Date: 11/17/2025 Agenda #: 1.

Fiscal Impact: N/A
Prior Council Action: N/A
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

No motion required.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments: Presentation
Visalia City Council Page 2 of 2 Printed on 11/12/2025
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Wastewater Collections Division Update
9 P u b l i c W o r k s
visalia.gov
• (1) Collections Superintendent
• (2) Lead Wastewater Maintenance
Technicians
• (3) Senior Wastewater Maintenance
Workers
• (5) Maintenance Service Workers
• (1) Heavy Equipment Operator
Collections Staff
10 P u b l i c W o r k s
visalia.gov
Sanitary
Sewer
System
•500 miles of sanitary
sewer maintained.
•13 sanitary sewer lift
stations.
11 P u b l i c W o r k s
visalia.gov
Storm
Sewer
System
•380 miles of storm
sewer lines.
•43 storm lift stations.
•7,031 catch basins.
•46 stormwater
ponds.
•35 miles of open
ditches.
12 P u b l i c W o r k s
visalia.gov
Challenges

MISUSE OF THE

COLLECTIONS
SYSTEM
AGING

INFRASTRUCTURE

KEEPING UP WITH

A GROWING CITY
13 P u b l i c W o r k s
visalia.gov
Misuse of
System
Wipes, and debris
increase
maintenance needs
and cause
blockages.
14 P u b l i c W o r k s
visalia.gov
Intentional
Misuse of
System
Crack sealing foam
used in pipe.
15 P u b l i c W o r k s
visalia.gov
Fats, Oils,
and Grease
(FOG)
Mainly contributed from
industrial users and Food
Service Establishments.

Contributes to blockages.
16 P u b l i c W o r k s
visalia.gov
Public
Outreach
Best Management Practices
Posters for Food Service
Establishments.

Public Service
Announcements
Active Pretreatment Program
17 P u b l i c W o r k s
visalia.gov
Jetting/Flushing
Staff routinely uses high-pressure
water jetting equipment to clean and
flush sewer lines, removing
accumulated debris, grease, and
sediment. Approximately 25% of the
City’s sanitary sewer system is
jetted each year, completing a full
system cleaning cycle every four
years.
18 P u b l i c W o r k s
visalia.gov
Weed
Abatement
Vegetation control and sediment
excavation are performed in
stormwater basins and open ditches
to maintain water conveyance,
promote infiltration, and reduce the
risk of blockages or mosquito
breeding.
19 P u b l i c W o r k s
visalia.gov
Lift Station
Maintenance
Staff inspects and maintains pumps,
valves, and controls at the City’s 56
combined sanitary and storm lift
stations. Routine cleaning of wet
wells prevents solids buildup and
ensures reliable operation of critical
pumping infrastructure.
20 P u b l i c W o r k s
visalia.gov
Spill Cleanup
When grease or oil spills occur in the
public right-of-way, staff responds
immediately to contain and remove the
material before it can enter the storm
drain system. Crews use absorbent pads,
sand, and vacuum equipment to recover
spilled material, followed by flushing and
cleanup of the affected area.
21 P u b l i c W o r k s
visalia.gov
Video
Inspection
Closed-circuit television (CCTV)
cameras are used to inspect sewer and
storm drain pipes internally. This
proactive inspection identifies
structural defects, root intrusions, and
blockages, allowing for targeted
maintenance and rehabilitation
planning.
22 P u b l i c W o r k s
visalia.gov
Infrastructure
Rehabilitation
Sediment and debris are removed
from culverts to maintain flow
capacity. Where culverts are
structurally compromised, repairs
are made to ensure long-term
reliability and reduce the risk of
flooding or roadway erosion.
23 P u b l i c W o r k s
visalia.gov
Infrastructure
Rehabilitation
Aging or damaged catch basins are
structurally repaired or reconstructed
to restore proper drainage, prevent
pavement undermining, and extend
the service life of stormwater
infrastructure.
24 P u b l i c W o r k s
visalia.gov
After-Hours &
Emergency
Response
Citizens can report issues to
(559) 713-4403
24/7 on-call coverage for sewer
backups, flooding, and system alarms.

Rapid response minimizes property
and environmental impacts.

Can receive anywhere from 10-100
calls per week during the wet season.
25 Thank you
for your time.
26 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0426 Agenda Date: 11/17/2025 Agenda #: 1.

Agenda Item Wording:

Authorization to read ordinances by title only.

Visalia City Council Page 1 of 1 Printed on 11/5/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0339 Agenda Date: 11/17/2025 Agenda #: 2.

Agenda Item Wording:

Facility Use Agreement - Execute agreement with the Rural Prosperity Center and project partners to operate and maintain the Community Garden at 222 NW 3rd Ave.

Prepared by:

Laurissa Roggenkamp, Recreation Manager [email protected], 559-713-4336, Devon Jones, Economic Development Manager [email protected], 559-713-4190, Jason Glick, Parks and Recreation Director [email protected], 559-713-4042 Department Recommendation:

Authorize staff to execute a Facility Use Agreement with the Rural Prosperity Center and project partners to operate and maintain the Community Garden at 222 NW 3rd Avenue for up to five years.

Summary:

The Rural Prosperity Center (RPC) has proposed to operate and maintain the Community Garden asset in the Community Campus with no financial support required. CSET is pursuing a CA Natural Resources Agency Nature Based Solutions (NBS) grant to utilize the Sequoia Community Corps to revitalize the site and prepare it for ongoing operation. Calwater foundation grant support may be available to assist the RPC with ongoing operations costs such as water utility costs. RPC along with its partners, Los Promotores Comunitarios and Parent University will replicate their Mujeres in Ag program (www.parentuniversity.org/blank-3 <http://www.parentuniversity.org/blank-3>) at the Community Garden, seeking participation from the neighboring community.

Mujeres in Agriculture y Más is an education and training initiative, in partnership with College of the Sequoias, targets farmworker women, providing them with hands-on skill development, career pathway guidance, and leadership development in agriculture and related industries. With a 12-24 month learning model that blends classroom instruction, digital literacy, and on-the-job experience, participants build the confidence and credentials to access higher-paying jobs in ag tech, horticulture, clean energy, and small-scale farming.

The Facility Use Agreement proposes RPC and its programming partners shall have exclusive use of the premises and shall actively and continuously use and operate the premises for the limited purpose of operating and maintaining a community garden asset for programming participants’ use for the production of agricultural products. The intent being to provide a garden asset in which program participants can produce food for personal household consumption. If there are products grown in excess of participants’ own personal consumption, products may be donated to any appropriate community partners for distribution to households in need of food resources.

The agreement is proposed up to 5 years, with annual terms with RPC submitting a request in writing by December 1st expressing intent to extend contract for additional year. RPC will pay all rates, tolls, Visalia City Council Page 1 of 3 Printed on 11/14/2025
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File #: 25-0339 Agenda Date: 11/17/2025 Agenda #: 2.
by December 1st expressing intent to extend contract for additional year. RPC will pay all rates, tolls, and charges for utilities used on the property. Insurance requirements include a single combined liability limit of $2,000,000, property damage limits of not less than $1,000,000, and workers’ compensation insurance with limits of not less than $1,000,000 per accident. RPC will also be required to provide annual reports, to include certain metrics of programming conducted, RPC financial statements, and proof of non-profit status.

The Visalia Parks and Recreation Commission recommended City Council’s authority to execute this Facility Use Agreement with the RPC at their last meeting on November 12th.

Background Discussion:

The Community Garden was a City project converting an empty 14,000 SF lot in the Community Campus that began in 2017 and completed in October of 2019. The project intent at the time was to allow residents in the surrounding community to grow vegetables and fruits with some of the plots intended for use by the adjacent Wittman Center to provide afterschool activities for youth through a partnership with then site administrator, Pro-Youth. With both the COVID pandemic (and corresponding impacts to Parks and Recreation staffing levels) and the change in Wittman Center site administration from Pro-Youth to Visalia PAL, the Community Garden has not yet been utilized for its intended purpose. This agreement with RPC and their programming partners, as well as the assistance of several other stakeholders such as CSET, Foodlink, and Calwater, provide an opportunity to implement the original vision of the Community Garden project.

Fiscal Impact: None, utilities and any necessary improvements will be paid by RPC and program partners including CSET and their NBS grant project.

Prior Council Action: November 6, 2017 - Council approved appropriation of $132,190 of the 2016 Housing Related Park Grant (HRPP Grant) towards the Community Garden Project and improvements to Village Park as well as authorized use of $45,000 of 2016 CDBG funding towards improvements for Village Park and Jefferson Park. April 15, 2019 - Council awarded the construction contract to Sierra Range Construction and authorized City Manager to award an amount not to exceed $129,133. October 7, 2019 - Council filed notice of completion for the Project.

Other: November 12, 2025 - Visalia Parks and Recreation Commission recommended City Council’s authority to execute this Facility Use Agreement with the RPC for up to five years.

Alternatives: Per Council direction.

Recommended Motion (and Alternative Motions if expected):

I move to authorize staff to execute a Facility Use Agreement with the Rural Prosperity Center and project partners to operate and maintain the Community Garden at 222 NW 3rd Ave for up to five years.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Visalia City Council Page 2 of 3 Printed on 11/14/2025
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File #: 25-0339 Agenda Date: 11/17/2025 Agenda #: 2.

Attachments: Facility Use Agreement, Agreement Attachment A Visalia City Council Page 3 of 3 Printed on 11/14/2025
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1 FACILTY USE AGREEMENT BETWEEN

THE CITY OF VISALIA (CITY) AND

RURAL PROSPERITY CENTER (RPC)

COMMUNITY GARDEN
This AGREEMENT made and entered into as of the of __________ 2025, by and between the CITY OF VISALIA, a Municipal Corporation, hereinafter referred to as “CITY” and RURAL PROSPERITY CENTER, hereinafter referred to as “RPC”. CITY and RPC may be collectively referred to herein as the “PARTIES”.

WITNESSETH:

For and in consideration of the covenants and agreements hereinafter contained on the part of RPC to be kept and performed, and in consideration of the usage costs to be paid to CITY as hereinafter set forth, CITY hereby agrees to enter into a FACILITY USE AGREEMENT with RPC, for operation and maintenance of a “Community Garden,” as identified in Attachment A, attached hereto and incorporated by this reference.

1. TERM
This FACILITY USE AGREEMENT shall commence on January 1, 2026, for a one (1) year term, and may be extended with up to four (4) one-year extensions upon the mutual agreement of the PARTIES.

2. EARLY TERMINATION
This Agreement may be terminated prior to the date specified in section 1 of this Facility Use Agreement under any of the following circumstances. In the event of termination of this Agreement as provided herein, the CITY and RPC shall be under no further obligation to each other by reason of the Agreement.
a. Inadequate Funding: It is understood that RPC is dependent upon funds from other sources to operate and maintain the Community Garden. If RPC fails to obtain, or otherwise experiences a reduction in funding necessary to initiate or maintain its Community Garden program, RPC shall notify CITY of any such funding shortfalls and its alternative plan to maintain its Community Garden program identified in Attachment A. If RPC is unable to secure adequate funding to initiate or operate its Community Garden project as specified in Attachment A, then CITY shall have the right to terminate the Agreement.
b. Garden Closure: If operation and maintenance of the Community Garden asset languishes to the extent that the asset no longer provides a workable space for growth of any garden resources amongst garden participants, or is not accessible to garden participants, CITY shall have the option to terminate this agreement. c. Mutual Consent: The PARTIES may terminate this Agreement at any time by written mutual consent.

3. USE
Annually RPC shall submit a request in writing by December 1 st expressing their intent to extend
this Facility Use Agreement for an additional year. Upon mutual agreement of the CITY, the Facility Use Agreement may be extended for any additional one-year term as provided in Section 31 2

1. RPC and its programming partners shall have exclusive use of the premises and shall actively and continuously use and operate the premises for the limited purpose of conducting its Community Garden program as identified in Attachment A.

CITY shall have the right of access to the premises at all times.

4. UTILITIES
RPC will pay all rates, tolls, and charges for utilities used on the premises.

5. ASSIGNMENT
RPC shall not assign, mortgage, sublet or otherwise transfer any part or any interest in this Agreement to any person, firm, organization or corporation during the term of this Agreement or any extension thereof without the written consent of CITY.

6. REPAIR AND MAINTENANCE
RPC is responsible for maintenance and repair of the premises and assets thereon described below or otherwise identified in Attachment A throughout the term of this Agreement, at the sole cost and expense to RPC. RPC shall be responsible for operating and maintaining the condition, repair, and maintenance of the premises and any permitted improvements or alterations, including but not limited to the irrigation system. In addition, if any portion of the premises or any of the City’s property located on the premises is damaged by any activities conducted by RPC, its agents or invitees, RPC shall repair any and all such damage and restore the premises or City’s property to its previous condition. RPC is responsible for notifying the CITY within 24 hours of any damage to the premises, so that the CITY may determine whose responsibility it is to repair or replace and determine the manner in which the repair or replacement is to be completed.

RPC is responsible for maintaining its personal property including but not limited to storage units/sheds, equipment, banners/signs in a manner agreeable to CITY. RPC is responsible for any maintenance or replacement of their equipment resulting from vandalism and/or graffiti.

7. MODIFICATIONS
It is understood and agreed by and between the parties hereto that any alterations, modifications, or additions to the structural improvements on the premises by RPC can only be instituted by first obtaining written approval by the CITY of the plans, locations, specifications, of said structural changes. All such alterations, modifications, or additions to the structure of the premises shall conform to building codes and zoning regulations now or hereafter legally effective and promulgated by appropriate governmental authority; local, County, State and Federal requirement.

8. FACILTY APPEARANCE
CITY and RPC representatives shall inspect the facility and grounds annually. RPC shall maintain the premises to the reasonable satisfaction of the CITY, and in such a manner that the premises will be neat and well-kept in appearance.

9. INSTALLATION OF SIGNS AND/OR BANNERS
32 3
During the term of this Agreement, RPC shall have the following rights in regard to installation and removal of signs and/or banners. Signs and/or banners must be appropriately sized and may be placed upon fences, must face the interior of the premises only, and must be in good condition and hanging position.

Any sign and/or banner installed, operated, and maintained by RPC will be RPC’s total financial responsibility. RPC shall obtain any and all necessary permits from the City Planning Division in compliance with the City of Visalia Municipal Code Chapter 17.84 sections 17.48.010 et seq.

10. SECURITY
RPC shall provide security and supervision at all activities held on premise, sufficient to ensure adequate protection of the premises which are the subject of this FACILITY USE AGREEMENT.

RPC acknowledges that additional security measures, such as but not limited to video recording cameras cannot be installed or placed within the premises without CITY authorization. The CITY reserves the right to deny any request.

11. INDEMNIFICATION:

RPC hereby agrees to and shall defend, protect, indemnify, and hold harmless the CITY and all officers, agents, representatives, and employees thereof from any and all liability, claims, or damages of whatsoever kind or character, including attorneys fees and costs of all types incurred in defense of any of the said parties from said claims or liability, because of or arising out of, directly or indirectly, the acts or omissions of RPC, RPC’S independent contractors, employees, representatives, agents, and invitees, and the passive or active negligent acts or omissions of the CITY or its officers, agents, representatives, and employees while acting within the scope of their duties regarding work to be performed pursuant to this AGREEMENT. Said indemnification and hold harmless provisions shall be in full force and effect regardless of whether or not there shall be insurance policies covering and applicable to such damages, claims, or liability. This FACILITY USE AGREEMENT shall be binding upon RPC whether or not there are any allegations of fault, negligence or liability of the indemnities hereunder.

12. VOLUNTEERS/EMPLOYEES
RPC shall be responsible for adhering to any local, county, state, or federal laws for conducting criminal background checks on all independent contractors, employees, representatives, agents, volunteers, who will be in a position to supervise youth under 18 years of age or vulnerable adults.

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

13. INSURANCE REQUIREMENTS:

It is further understood and agreed that RPC shall secure and maintain during the term of this FACILITY USE AGREEMENT, and any renewal thereof, a policy of commercial general liability and property damage insurance, naming the CITY as co-insured, with a single combined liability limit of $2,000,000.00, and property damage limits of not less than $1,000,000.00, insuring against all liability of RPC and its authorized representatives arising out of and in connection with RPC’s use or occupancy of the premises. All general liability insurance and property damage insurance shall insure performance by RPC of the indemnity provisions of item 11. CITY shall be named as 33 4
additional insureds, the policy shall contain cross liability endorsements, and an endorsement requiring 30 days written notice from the insurance company to all parties before cancellation or change in the coverage, scope or amount of any policy. Such policy, or a certificate of the policy, together with evidence of payment of premiums, shall be delivered to CITY at the commencement of the term, and on renewal of the policy not less than 30 days before expiration of the term of the policy. RPC, at its own cost, shall be responsible for maintaining a policy of insurance covering its personal property located on the premises.

Throughout the AGREEMENT term, at any time RPC employs any person(s), RPC shall, at RPC’s sole cost and expense, keep or cause to be kept in force workers’ compensation insurance with statutory limits and employer’s liability insurance with limits of not less than $1,000,000.00 per accident.

14. ANNUAL REPORTS
RPC agrees to provide annual reports, to include participation numbers, RPC financial information pertaining to Community Garden programming, proof of non-profit status, and other reports or information as requested by the CITY.

15. IMPROVEMENTS
As set forth in Section 7, RPC shall have the opportunity to make improvements to the premises and property which is subject of this FACILITY USE AGREEMENT, provided that RPC obtains prior written approval from the CITY before any such improvements. Upon the expiration of this FACILITY USE AGREEMENT, and any extension thereof, all such improvements shall automatically revert to CITY’s ownership. Should the CITY elect to require RPC to remove said improvements, RPC shall do so and return the property to its original condition, allowing for reasonable and normal wear.

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

17. QUIET ENJOYMENT
CITY does hereby covenant and agree that upon the performance of all covenants by RPC as herein provided, RPC shall peaceably and quietly hold and enjoy said premises during the term of this AGREEMENT and any extension thereof except as otherwise provided hereupon the termination of this AGREEMENT or any extension thereof.

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

19. NOTICE
All notices to be given by RPC pursuant to this AGREEMENT shall be mailed to City of Visalia: 345 N Jacob St Visalia, CA 93291;
and all notices to be given to RPC pursuant to this LEASE AGREEMENT shall be mailed to 34 5
Rural Prosperity Center c/o Executive Director:
(mailing address)
For the purpose of this AGREEMENT, RPC shall designate one point of contact with which the CITY shall coordinate the use of fields, maintenance concerns and other communications. This representative or a designee in his/her absence will be the only authorized agent of RPC to coordinate use.

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

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

RURAL PROSPERITY CENTER CITY OF VISALIA
Eduardo González Date Leslie Caviglia, City Manager Date Co-Founder/Co-Executive Director
Rural Prosperity Center
Risk Management Date
APPROVED AS TO FORM:

City Attorney Date
35 Attachment A
Community Garden: 222 NW 3rd Ave, Visalia, CA 93291, APN 094-053-029 RPC and its programming partners shall have exclusive use of the premises and shall actively and continuously use and operate the premises for the limited purpose of operating and maintaining a community garden asset for programming participants’ use for the production of agricultural products. Below is a detailed Operational and Maintenance Plan for the Community Garden:

1. Prospective Funding Sources Beyond the CSET NBS Grant To ensure the Visalia Community Garden remains financially viable beyond the initial NatureBased Solutions (NBS) grant that CSET is pursuing, RPC and partners will pursue the following additional funding streams:
 State & Federal Grants:
 USDA Urban Agriculture and Innovative Production Grant  California Department of Food and Agriculture (CDFA) Healthy Soils Program  CalFire Urban Forestry and Green Schoolyard grants
36  Private and Foundation Grants:
 Kaiser Permanente and Blue Shield of California Foundation (community health & wellness)
 California Wellness Foundation (food access and health equity)  Clif Family Foundation (sustainable food systems)
 Tulare County Farm Bureau mini-grants
 Collaborative Partner Support:
 CAFF will contribute technical assistance and funding linkages through its Small Farm Tech Hub and Farm-to-School network.
 A.L.M.A.A. will engage high school youth volunteers, develop bilingual educational content, and apply for youth civic engagement microgrants.  Parent University and Los Promotores Comunitarios will co-lead fundraising events (plant sales, harvest dinners, crowdfunding).
 FoodLink and College of the Sequoias will help secure food recovery and educational funding support.
 Earned Income & Sponsorships:
 “Sponsor-a-Plot” program for families, schools, and local businesses  Seasonal Garden Stand with SNAP/EBT access
 CSA-style subscriptions and value-added product sales (salsa, teas, jams)  Local business sponsorships for signage, materials, or equipment

2. Contingencies and Existing Funding Applicability
If necessary funding is not secured, RPC and the Collaborative will:
 Prioritize essential operations using in-kind contributions and volunteer labor  Temporarily scale programming to focus on core maintenance and access  Rely on ongoing CBO-funded programs (Parent University, A.L.M.A.A., and Los Promotores workshops) for continuity
 Apply existing youth engagement and environmental literacy funds (through CSET and College of the Sequoias programs) to sustain the educational component  Funding availability for the CSET NBS grant: through June 2026.  RPC will target renewal or additional grants by February 2026 to ensure uninterrupted operations.

3. Collaborative Partner Commitments
Partner Role Commitment
RPC (Lead Agency) Coordination &
Oversight
Manages daily operations, compliance, and
reporting
CSET Infrastructure &
Workforce
Implements restoration work, provides youth
labor and materials
Los Promotores
Comunitarios
Outreach &
Education
Conducts bilingual workshops, assists with
recruitment
Parent University Family Engagement Delivers parent workshops, coordinates community events
37 Partner Role Commitment
CAFF Agricultural
Expertise
Provides farm system training, soil health
support, and market linkages
A.L.M.A.A. Youth Engagement Leads high school youth volunteer activities, develops peer-led learning
FoodLink Food Security Manages donation coordination and local distribution
College of the Sequoias Educational Partner Provides college student interns and supports garden daily operations

4. Organizational Roles – with Employment Alignment
Position Reporting/Employer Function
Garden Coordinator RPC Daily management, community liaison Volunteer
Coordinator
RPC (with A.L.M.A.A.
support)
Recruitment, scheduling, volunteer
supervision
Education Lead Parent University / Los
Promotores
Oversees workshops and bilingual
curriculum
Maintenance Lead CSET Coordinates tool/equipment management and repairs
Fundraising Lead RPC / CAFF Oversees donor engagement, event planning, and grants
Youth Program
Assistant A.L.M.A.A. Peer mentor and youth activities facilitator

5. Draft Implementation Timeline
Phase Milestones Target Date
Phase 1: Site Preparation &
Infrastructure
Site cleanup, install irrigation, planters,
signage
Jan – March
2026
Phase 2: Garden Activation Plot assignments, launch community registration
Jan–April
2026
Phase 3: Education Launch Begin bilingual garden workshops, youth programs May 2026
Phase 4: Community Events Host first Harvest Day & “Sponsor-aPlot” kickoff April 2026 Phase 5: Evaluation & Sustainability
Planning
Mid-year assessment; funding renewal
applications
June–Sept
2026
38 6. Day-to-Day Upkeep and Operations
Daily upkeep will be managed collaboratively by RPC staff, volunteers, and partner representatives:
 Routine Maintenance:
o Watering schedules maintained via irrigation timers
o Weekly trash, compost, and tool checks
o Pest monitoring and integrated pest management (IPM) practices o Pathway and signage upkeep
 Seasonal Tasks:
o Spring: Soil amendments, seedling preparation, compost management o Summer: Irrigation system checks, harvesting rotations o Fall: Cleanup, re-mulching, crop rotation planning
o Winter: Tool maintenance, planning meetings, grant reporting  Supervision:
o Garden Coordinator and Maintenance Lead will track tasks using a shared Trello board and monthly logbook (per original proposal).

7. Educational Program Enhancement
RPC’s Community Learning Model combines:
 Culturally relevant bilingual instruction on gardening, composting, nutrition, and entrepreneurship
 Youth & family workshops co-led by A.L.M.A.A. and Parent University  Career pathways in sustainable agriculture and microenterprise via CAFF collaboration  Learning outcomes tracking using attendance logs, pre/post surveys, and milestone evaluations (e.g., number of families served, pounds of produce grown/donated) 39 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0397 Agenda Date: 11/17/2025 Agenda #: 3.

Agenda Item Wording:

Civic Center Specialty Equipment Purchase - Authorize the City Manager to enter into a purchase agreement with Systems & Space, Inc., to provide specialty storage equipment for the Civic Center Phase 2 Project, in the amount of $793,840.45.

Prepared by:

Mike Porter, Civil Engineer, [email protected], (559) 713-4412 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation: Authorize the City Manager to enter into a purchase agreement with Systems & Space, Inc., to provide specialty storage equipment for the Civic Center Phase 2 Project.

Summary:

Phase 2 of the Civic Center Project requires the purchase of certain specialty equipment, including high-density movable shelving units, equipment and firearms storage lockers and refrigerated evidence storage units.

High-density mobile shelving will be utilized in the Finance Department section of the Public Safety Administration Building, to store and organize hundreds of financial records boxes, and the Police Records section to store and retain active police records. An example of these storage shelves is shown in Attachment 2, High-Density Shelving Brochure. With the development of phase 3 of the Civic Center, the Finance shelving units can be removed from the Public Safety Administration Building and utilized in the Finance Department storage area of the new City Hall building Mobile high-density shelving, specialty equipment, and secure firearms storage lockers will be utilized in both the Property-Evidence building and Public Safety Administration Building. Other examples of specialty equipment include evidence drying cabinets, an evidence fuming chamber, refrigerated evidence lockers with alarms, programmable access systems for evidence storage, and storage rack systems with programmable access codes.

Staff solicited quotes from two vendors that participate in the Sourcewell government contract procurement program. Systems & Space, Inc. provided the lowest cost proposal to supply and install the equipment.

Background Discussion:

Staff solicited quotes from two qualified vendors to provide specialty equipment for Phase 2 of the Civic Center Project.

Systems & Space, Inc. $793,840.45
Smart Space Solutions $832,629.00
Visalia City Council Page 1 of 3 Printed on 11/13/2025
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File #: 25-0397 Agenda Date: 11/17/2025 Agenda #: 3.

The total lowest price for the specialty equipment purchase would have been $1,165,368.22 without utilizing the Sourcewell Government contract. A Sourcewell contract is a cooperative purchasing agreement managed by Sourcewell, a government agency that offers procurement solutions for public agencies in the United States and Canada. Sourcewell creates contracts that allow government entities, educational institutions, and non-profit organizations to purchase goods and services without going through the lengthy bid process typically required for public procurement. The specialty equipment was part of the original FF&E estimate of $4.92M. The actual systems & Space proposal amount of $793,840.45 leaves an FF&E balance of $4.13M. This represents a total savings of $371,527.77. This savings provides additional budget for the procurement of FF&E or will be reflected in overall project cost savings. The FF&E procurement phase of the project will be starting in January 2026. The Systems & Space quote also includes an extended service warranty for 10 years from completion date and preventive maintenance and servicing twice annually. The extended service warranty and preventative maintenance were not included in the Smart Space Solutions quote. Additionally, Systems & Space Inc includes seismic anchorage calculations, whereas with Smart Space Solutions this would be provided at an additional cost Fiscal Impact: See table below for summary of current Civic Center Phase 2 budget. Council authorized the City Manager to award a construction contract to Seals Construction and approved an additional budget allocation of $87.8 M at the May 5, 2025 Council Meeting.

Civic Center Phase 2 (CIP 3720-72000/CP0374-999)
Budget Summary:

Fund 003 - Civic Center Reserve Total Budget $ 99,341,300.00 Land Purchase (gov Buildings only) $ 3,391,300.00
Darden A/E contract amount (actual) $ 4,667,591.86
Griffin CM contract amount (actual) $ 1,520,000.00
City of Visalia Permits and Plan Checking Fees $ 1,142,000.00 Staff Project Management + misc. expenses (est.) $ 500,000.00 Testing & Inspections (est.) $ 1,600,000.00
Bedrock - surveying services $ 50,000.00
Specialty Storage Equipment $ 793,840.45
Remaining FF&E (est.) $ 4,126,159.55
A/V & Technology (est.) $ 2,880,000.00
Cal Water Payment Request $ 304,499.00
Remaining Utilities (est.) $ 1,945,501.00
Construction contract amount $ 72,780,000.00
Construction contingency (5%) $ 3,639,000.00
Total Estimate (current) $ 99,339,891.86
Remaining CIP Budget $ 1,408.14
Prior Council Action: May 5, 2025 - Council authorized the City Manager to enter into a Visalia City Council Page 2 of 3 Printed on 11/13/2025
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File #: 25-0397 Agenda Date: 11/17/2025 Agenda #: 3.
construction agreement with Seals construction and approved an additional budget appropriation of $87.8 million.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to enter into a purchase agreement with Systems & Space, Inc., for the purchase of specialty equipment in the amount of $793,840.45 for phase 2 of the Civic Center project.

Environmental Assessment Status: Program Environmental Impact Report SCH No. 2010041078 CEQA Review: Initial Study No. 2024-444
Deadline for Action: 11/17/2025
Attachments:

1. Systems & Space Proposal

2. High Density Shelving Brochure
Visalia City Council Page 3 of 3 Printed on 11/13/2025
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Systems & Space, Inc. ▪ 500 Boulder Court, Suite B ▪ Pleasanton, CA 94566 ▪ phone: (925) 426-1955 ▪ Fax: (925) 426-0882 ▪ website: http://www.systemsnspace.com Visalia Civic Center

PRICE PROPOSAL
Date: 8/6/2025
Prepared For: Mike Porter
Quote Number: 24516-42277
Valid For 180 Days
Prepared by: Jordan Jaime
Confidential
© 2025 Systems & Space, Inc..The information in this transmittal is proprietary to Systems & Space, Inc.. It is provided on the condition that it remains in confidence between Systems & Space, Inc. and the recipient of this quote. Do Not Copy, Distribute nor Share the Contents of this proposal without the written permission of Systems & Space, Inc.. 43 Systems & Space, Inc. ▪ 500 Boulder Court, Suite B ▪ Pleasanton, CA 94566 ▪ phone: (925) 426-1955 ▪ Fax: (925) 426-0882 ▪ website: http://www.systemsnspace.com Systems & Space, Inc.
500 Boulder Court, Suite B SUMMARY PAGE
Pleasanton, CA 94566 Quote Number: 24516-42277
Phone: (925) 426-1955
Fax: (925) 426-0882
http://www.systemsnspace.com
Project Summary
Visalia Civic Center
Building A – Room #114 EQ Mark #32 – Handgun Locker – Flush Model #EDHGF10 - QTY 3 Building A – Room #115 ED Mark #01 – Swat Wardrobe Locker – Freestyle - QTY 18 Building A – Room #115 EQ Mark #02 – Weapons Cabinet Model #UWRC427624 - QTY 2 Building A – Room #115 EQ Mark #03 – Weapons Cabinet Model #UWRC4245 - QTY 4 Building A – Room #116 EQ Mark #02 – Weapons Cabinet Model #UWRC427624 - QTY 4 Building A – Room #116 EQ Mark #03 – Weapons Cabinet Model #UWRC4245 - QTY 4 Building A – Room #138 EQ Mark #14 – Evidence Locker E1 – Model #01 - QTY 1 Building A – Room #138 EQ Mark #15 – Evidence Locker E2 – Model #07 - QTY 1 Building A – Room #138 EQ Mark #16 – Evidence Locker E3 – Model #85 - QTY 1 Building A – Room #138 EQ Mark #17 – Evidence Locker Refrigerator E4 – QTY 1 Building A – Room #138 EQ Mark #18 – Evidence Locker E5 – Model #06 QTY 1 Building A – Room #138 EQ Mark #19 – Evidence Locker E6 – Model #06 QTY 1 Building A – Room #138 EQ Mark #23 – High Density Storage – Pallet – ActiveRAC 16P – QTY 5 Building A – Room #138 EQ Mark #24 – High Density Storage – Evidence – ActiveRAC 7P – QTY 10 Building A – Room #138 EQ Mark #25 – High Density Storage – Evidence Fixed – ActiveRAC 7P – QTY 1 Building B – Room #109 EQ Mark #45 – High Density Storage – PD Records – Standard HDMS – QTY 3 Building B – Room #137 EQ Mark #42 – Handgun Locker – Flush Model #EDHGF8 – QTY 3 Building B – Room #152 EQ Mark #43 – Handgun Locker – Surface Model #EDHGS08 – QTY 2 Building B – Room #158 EQ Mark #46 – High Density Storage – Finance – Standard HDMS – QTY 4 Building B – Room #158 EQ Mark #47 – High Density Storage – Finance Fixed Unit – Standard HDMS – QTY 2 Sourcewell Contract #110923-SPC
S
Bill To Project Investment
City of Visalia
Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
Project Total $749,989.32
Tax (8.5%) $43,851.13
Grand Total $793,840.45
Install To
City of Visalia Payment Schedule Net 30
Civic Center
TBD

30.00% Deposit Due at Signing $238,152.14
44

Systems & Space, Inc.
500 Boulder Court, Suite B CUSTOMER QUOTE
Pleasanton, CA 94566 # 24516-42277
Phone: (925) 426-1955
Fax: (925) 426-0882
http://www.systemsnspace.com
Expires: 9/1/2025
Bill To Install To
City of Visalia
Purchasing Division
707 W. Acequia Avenue
Visalia, CA 93291
City of Visalia
Civic Center
TBD
project # salesperson quote name payment terms print date 24516 Jordan Jaime City of Visalia Civic Center Net 30 6/18/2025 line qty unit description price ea ext price
1 1.00 EA Materials $510,054.73 $510,054.73
line qty unit description price ea ext price
2 1.00 EA Installation + Seismic Calcs (includes 10 year service warranty) $192,138.87 $192,138.87 line qty unit description price ea ext price
3 1.00 EA Freight $48,292.20 $48,292.20
25105-SOURCEWELL (Option Total)
subtotal $750,485.80
sales tax $43,354.65
total $793,840.45
45 Qty Part no Description List Price List Total Net Unit Price Net Total Price

BUILDING A, ARMORY
Universal Weapons Racks
4 UWRBF3DPR SUPPORT-STOCK,RETR 3 DEEP 4/5 POSITION SOLUTION,UWR $241.00 $964.00 $123.15 $492.60 60 UWRBSC3DPF STOP-BASE,STOCK CUP,M16 M4 UWR,FLAT DESIGN,UWR $32.00 $1,920.00 $16.35 $981.00 4 UWRC427624 CABINET ASSY-42 X 76.25 X 24 DEEP UWR $4,739.00 $18,956.00 $2,421.63 $9,686.52 4 UWRISF UWR INTERMEDIATE FULL SHELF $291.00 $1,164.00 $148.70 $594.80 4 UWRM16U UWR KITTED FOR M16 W/UNIVERSAL BASE(NSN # 1095-01-611-6454) $2,570.00 $10,280.00 $1,313.27 $5,253.08 20 UWRSB3DPRT SUPPORT-MOLDED RUBBER 3 WEAPON BARREL REST,RETENTION,UWR $158.00 $3,160.00 $80.74 $1,614.80 4 UWRSRHD42 STOP-SUPPORT RAIL,370215.001 HEAVY DUTY,UWR TRANSPORT(NSN # 1095-01-550-7936) $97.00 $388.00 $49.57 $198.28

BUILDING A, BAG & TAG
Evidence Lockers
2 340678.001 COVER TRIM KIT-VERTICAL $172.00 $344.00 $87.89 $175.78 6 340681.001 COVER TRIM KIT-HORIZONTAL 72 $121.00 $726.00 $61.83 $370.98 1 ED3P01 HOUSING ASSY-EVIDENCE LCKR PASS THRU,DOOR CONFIG 1 $10,804.00 $10,804.00 $5,520.84 $5,520.84 1 ED3P06 HOUSING ASSY-EVIDENCE LCKR PASS THRU,DOOR CONFIG 6 $14,828.00 $14,828.00 $7,577.11 $7,577.11 1 ED3P07 HOUSING ASSY-EVIDENCE LCKR PASS THRU,DOOR CONFIG 7 $13,136.00 $13,136.00 $6,712.50 $6,712.50 1 ED3P10 HOUSING ASSY-EVIDENCE LCKR PASS THRU,DOOR CONFIG 10 $18,640.00 $18,640.00 $9,525.04 $9,525.04 1 ED3P85 HOUSING ASSY-EVIDENCE LCKR PASS THRU,DOOR CONFIG 85 $12,524.00 $12,524.00 $6,399.76 $6,399.76 1 EDLFRAMEH36NB EDL FRAME HALF HEIGHT, 36W, NO BASE $6,962.00 $6,962.00 $3,557.58 $3,557.58 3 EDOOR E DOOR $638.00 $1,914.00 $326.02 $978.06
1 EDOORMS E DOOR WITH MAIL SLOT $1,028.00 $1,028.00 $525.31 $525.31 Evidence Locker with Refridgerator
1 EDRSHH6PT HALF HEIGHT FRIDGE, PASS-THRU W/6 DOOR INSERT $20,299.00 $20,299.00 $10,372.79 $10,372.79 1 EDRSHHBASE BASE, KIT, HALF HEIGHT FRIDGE $289.00 $289.00 $147.68 $147.68 BUILDING A, CORRIDOR 114
Firearm Storage
3 EDHGF10 WALL MOUNT HAND GUN LOCKER- FLUSH MOUNT $4,540.00 $13,620.00 $2,319.94 $6,959.82 Storage Lockers
4 550609.001 KEY-MASTER,31-A $33.50 $134.00 $17.12 $68.48

BUILDING A, SWAT LOCKERS
Personal Locker - Electrical
36 PSLELEDPX1 RECEPTACLE-DUPLEX 1 $15.50 $558.00 $7.92 $285.12 12 PSLELEP2P24 CABLE-PLUG TO PLUG 24 710489. $106.00 $1,272.00 $54.17 $650.04 6 PSLELEP2P36 CABLE-PLUG TO PLUG 36 PSL $111.00 $666.00 $56.72 $340.32 15 PSLELEPD CABLE-POWER DIST. 710488. PSL $111.00 $1,665.00 $56.72 $850.80 6 PSLELEPDDC CAP-POWER DISTRIBUTION,DUST CAP $6.00 $36.00 $3.07 $18.42 6 PSLELEPDH CABLE-ELEC DIST. 710495. HARNESS,8-10 SYSTEM $118.00 $708.00 $60.30 $361.80 3 PSLELEPF72 CABLE-POWER IN FEED 710487. 72 LENGTH $230.00 $690.00 $117.53 $352.59 Storage Lockers
1 PDBAM182545 BASE ANGLE MALE PDL 2.5 -4.5 $72.50 $72.50 $37.05 $37.05 1 PDBFF18 BASE FILLER FEMALE 18 FOR PDL $95.00 $95.00 $48.55 $48.55 10 PDLWOOD BENCH BASE,WOOD SEAT,71 7/8 L PDL $441.00 $4,410.00 $225.35 $2,253.50 1 PDVAF66 PDL VERTICAL ANGLE 340847.001 FEMALE 66 , PD5003 $82.00 $82.00 $41.90 $41.90 1 PDVAM662545 PDL VERTICAL ANGLE 340848.001 MALE,66 2.5-4.5 $63.00 $63.00 $32.19 $32.19 18 PSL842436BDRD PSL-BENCH DRAWER,DOUBLE DOOR 84 X 24 X 36 $3,119.00 $56,142.00 $1,593.81 $28,688.58 18 PSLFWSCH2436 PSL, FULL WIDTH SHELF W/CLOTHES HANGER, 24D X 36W $202.00 $3,636.00 $103.22 $1,857.96 18 PSLNLKRH LOCK KIT-NO LOCK,RIGHT HAND,PSL $40.50 $729.00 $20.70 $372.60 18 PSLNUMTAG NUMBER TAG,PSL $11.25 $202.50 $5.75 $103.50 3 PSLST2472INT PSL-SLOPED TOP,INTERMEDIATE,ADDER 24 X 72 $252.00 $756.00 $128.77 $386.31 6 PSLST2472STR PSL-SLOPED TOP,STARTER/END 24 X 72 $237.00 $1,422.00 $121.11 $726.66 3 PSLST24ENDL PSL-SLOPED TOP,END CAP,LEFT 24 $30.00 $90.00 $15.33 $45.99 3 PSLST24ENDR PSL-SLOPED TOP,END CAP,RIGHT 24 $30.00 $90.00 $15.33 $45.99 15 PSLSTS PSL-SLOPE TOP SUPPORT $31.50 $472.50 $16.10 $241.50 6 PSLSTSPL2403 PSL-COVER,SLOPED TOP,SPLICE JOINT 24 X 03 $19.00 $114.00 $9.71 $58.26 1 PSLSTSPL2406 PSL-COVER,SLOPED TOP,SPLICE JOINT 24 X 06 $19.00 $19.00 $9.71 $9.71 1 PSLSTSPL2406 PSL-COVER,SLOPED TOP,SPLICE JOINT 24 X 06 $19.00 $19.00 $9.71 $9.71 Universal Weapons Racks
2 UWRBF3DPR SUPPORT-STOCK,RETR 3 DEEP 4/5 POSITION SOLUTION,UWR $241.00 $482.00 $123.15 $246.30 30 UWRBSC3DPF STOP-BASE,STOCK CUP,M16 M4 UWR,FLAT DESIGN,UWR $32.00 $960.00 $16.35 $490.50 2 UWRC427624 CABINET ASSY-42 X 76.25 X 24 DEEP UWR $4,739.00 $9,478.00 $2,421.63 $4,843.26 2 UWRISF UWR INTERMEDIATE FULL SHELF $291.00 $582.00 $148.70 $297.40 4 UWRM16U UWR KITTED FOR M16 W/UNIVERSAL BASE(NSN # 1095-01-611-6454) $2,570.00 $10,280.00 $1,313.27 $5,253.08 10 UWRSB3DPRT SUPPORT-MOLDED RUBBER 3 WEAPON BARREL REST,RETENTION,UWR $158.00 $1,580.00 $80.74 $807.40 2 UWRSRHD42 STOP-SUPPORT RAIL,370215.001 HEAVY DUTY,UWR TRANSPORT(NSN # 1095-01-550-7936) $97.00 $194.00 $49.57 $99.14

BUILDING A, HIGH-DENSITY GENERAL EVIDENCE
4-Post and Case Shelving
1 BH-36 Back Holder, 4Post/Case, 36W $24.50 $24.50 $12.03 $12.03 7 BH-42 Back Holder, 4Post/Case, 42W $24.75 $173.25 $12.15 $85.05 10 BP36137KIT PANEL - BACK, KIT, 4POST $593.00 $5,930.00 $291.16 $2,911.60 1 BP36141KIT PANEL - BACK, KIT, 4POST $593.00 $593.00 $291.16 $291.16 70 BP42137KIT PANEL - BACK, KIT, 4POST $593.00 $41,510.00 $291.16 $20,381.20 7 BP42141KIT PANEL - BACK, KIT, 4POST $593.00 $4,151.00 $291.16 $2,038.12 1 FB-3604 FRONT BASE, 36W X 4H $12.50 $12.50 $6.14 $6.14 7 FB-4204 FRONT BASE, 42W X 4H $14.25 $99.75 $7.00 $49.00 21 SF-3618-P Plain Shelf, 4Post, Single-Face, 36W x 18D x 0.75H $34.50 $724.50 $16.94 $355.74 210 SF-3618-S Slotted Shelf, 4Post, Single-Face, 36W x 18D x 0.75H $34.50 $7,245.00 $16.94 $3,557.40 147 SF-4218-P Plain Shelf, 4Post, Single-Face, 42W x 18D x 0.75H $43.00 $6,321.00 $21.11 $3,103.17 1470 SF-4218-S Slotted Shelf, 4Post, Single-Face, 42W x 18D x 0.75H $43.00 $63,210.00 $21.11 $31,031.70 46 1688 SR-18-F SHELF REINFORCEMENT,18 $6.25 $10,550.00 $3.07 $5,182.16 160 SR-18-H SHELF REINFORCEMENT,18 HEAVY $7.25 $1,160.00 $3.56 $569.60 422 SS-3614-F SHELF SUPPORT,36 X 14 $8.25 $3,481.50 $4.05 $1,709.10 40 SS-3614-HC SHELF SUPPORT W/ EARS CUT OFF,HEAVY,36 X 14 $13.00 $520.00 $6.38 $255.20 2954 SS-4211-F SHELF SUPPORT,42 X 11 $14.00 $41,356.00 $6.87 $20,293.98 280 SS-4214-HC SHELF SUPPORT W/ EARS CUT OFF,42 X 14 $15.75 $4,410.00 $7.73 $2,164.40 40 US-18136.25-CA UPRIGHT, 4POST, CLOSED ANGLE, 18D X 143.75H $300.00 $12,000.00 $147.30 $5,892.00 140 US-18136.25-CT UPRIGHT, 4POST, CLOSED TEE, 18D X 133.25H $341.00 $47,740.00 $167.43 $23,440.20 2 US-18140.75-CA UPRIGHT, 4POST, CLOSED ANGLE, 18D X 143.75H $300.00 $600.00 $147.30 $294.60 7 US-18140.75-CT UPRIGHT, 4POST, CLOSED TEE, 18D X 133.25H $341.00 $2,387.00 $167.43 $1,172.01 16 UWA UPRIGHT WALL ANCHOR $18.25 $292.00 $8.96 $143.36 Industrial Mobile
2 C16B30 BOLLARD, SERIES 16, 4X4X.25X30 $558.00 $1,116.00 $323.08 $646.16 5 C16SCBR20 CABLE ASSY-BRAKE CONTROL 20FT $26.00 $130.00 $15.05 $75.25 15 C16SCBR30 CABLE ASSY-BRAKE CONTROL 30FT $32.00 $480.00 $18.53 $277.95 14 C16SCCAS20 CABLE ASSY-AISLE SPAN COMMUNICATION 10-20 $115.00 $1,610.00 $66.59 $932.26 14 C16SCCL50 CABLE ASSY-LEFT COMMUNICATION 40-50 $73.50 $1,029.00 $42.56 $595.84 14 C16SCCR50 CABLE ASSY-RIGHT,COMMUNICATION 40-50 $73.50 $1,029.00 $42.56 $595.84 1 C16SCESRX100 CABLE ASSY-ENTRY SENSOR REAR, RX 90-100 $97.00 $97.00 $56.16 $56.16 1 C16SCESTX100 CABLE ASSY-ENTRY SENSOR REAR, 90-100 $90.00 $90.00 $52.11 $52.11 15 C16SCLP50 CABLE ASSY-INTERFACE,POWER, LOGIC TO LOGIC 40 -50 $202.00 $3,030.00 $116.96 $1,754.40 16 C16SCLS30 CABLE ASSY-LIMIT SENSOR 20-30 $45.00 $720.00 $26.06 $416.96 5 C16SCMP20 CABLE ASSY-MOTOR POWER,10-20 $55.00 $275.00 $31.85 $159.25 15 C16SCMP30 CABLE ASSY-MOTOR POWER,20-30 $69.50 $1,042.50 $40.24 $603.60 5 C16SCMS20 CABLE ASSY-MOTOR SPEED PICK-UP 20 $51.50 $257.50 $29.82 $149.10 15 C16SCMS30 CABLE ASSY-MOTOR SPEED PICK-UP 30 $59.50 $892.50 $34.45 $516.75 15 C16SCPSRX10 CABLE ASSY-PHOTOSWEEP,RX, 5-10 $35.00 $525.00 $20.27 $304.05 15 C16SCPSRX40 CABLE ASSY-PHOTOSWEEP,RX, 30-40 $55.00 $825.00 $31.85 $477.75 15 C16SCPSTX10 CABLE ASSY-PHOTOSWEEP, TRANSMITTER 5-10 $33.50 $502.50 $19.40 $291.00 15 C16SCPSTX40 CABLE ASSY-PHOTOSWEEP, TRANSMITTER 30-40 $53.50 $802.50 $30.98 $464.70 6 C16SES STOP-CARRIAGE,SERIES 16 $115.00 $690.00 $66.59 $399.54 1 C16SESRM AISLE ENTRY SENSOR-REMOTE MOUNT $434.00 $434.00 $251.29 $251.29 1 C16SFC80 FESTOON CABLE 70 TO 80 $525.00 $525.00 $303.98 $303.98 1 C16SFSK FESTOON SUPPORT KIT $408.00 $408.00 $236.23 $236.23 1 C16SPPHD POWER PACK-RECHARGEABLE,HD $1,510.00 $1,510.00 $874.29 $874.29 4 C16SRMBSP SHIM PLATE-CARRIAGE RACK MOUNT BRACKET,ACTIVRAC 16 $282.00 $1,128.00 $163.28 $653.12 1 C16SUK USER KEY-INDUSTRIAL (C16SUK) $549.00 $549.00 $317.87 $317.87 30 RAC7CCL CORNER COVER-RT FR/LT RR ACTIVRAC 7 $59.50 $1,785.00 $34.45 $1,033.50 30 RAC7CCR CORNER COVER-LT FR/RT RR ACTIVRAC 7 $59.50 $1,785.00 $34.45 $1,033.50 10 RAC7CFS36 FRONT COVER W/STANCHION 36 ACTIVRAC 7 $130.00 $1,300.00 $75.27 $752.70 5 RAC7CFS48 FRONT COVER W/STANCHION 48 ACTIVRAC 7 $149.00 $745.00 $86.27 $431.35 10 RAC7CR36 REAR COVER 36 ACTIVRAC 7 $142.00 $1,420.00 $82.22 $822.20 5 RAC7CR48 REAR COVER 48 ACTIVRAC 7 $162.00 $810.00 $93.80 $469.00 80 RAC7DB48 DIAGONAL BRACE 48 ACTIVRAC 7 $82.00 $6,560.00 $47.48 $3,798.40 20 RAC7DB84 DIAGONAL BRACE 84 ACTIVRAC 7 $109.00 $2,180.00 $63.11 $1,262.20 40 RAC7DM36 B2B RAIL SKIP SUPPORT 36 ACTIVRAC 7 $152.00 $6,080.00 $88.01 $3,520.40 90 RAC7DMP DM SUPPORT-ACTIVRAC 7 $33.50 $3,015.00 $19.40 $1,746.00 180 RAC7RMB2D RACK MOUNT BRACKET-2 DBL SLOT ACTIVRAC 7 $15.00 $2,700.00 $8.69 $1,564.20 50 RAC7RMB3D RACK MOUNT BRACKET-3 DBL SLOT ACTIVRAC 7 $17.25 $862.50 $9.99 $499.50 16 RAC7SALS AISLE LIMIT SENSOR KIT ACTIVRAC 7 $282.00 $4,512.00 $163.28 $2,612.48 15 RAC7SBF15 BRACKET-STANCHION 291976.001 MOUNTING FRONT 15 ACTIVRAC 7 $95.00 $1,425.00 $55.01 $825.15 15 RAC7SBRC1 BRAKE CONTROL-1 OR 2 BRAKES ACTIVRAC 7 $465.00 $6,975.00 $269.24 $4,038.60 10 RAC7SCL1 BOX ASSY-LOGIC CONTROL,FRONT SGL MOTOR,ACTIVRAC 7 $1,800.00 $18,000.00 $1,042.20 $10,422.00 5 RAC7SCL2 BOX ASSY-LOGIC CONTROL,FRONT TWO MOTOR,ACTIVRAC 7 $2,487.00 $12,435.00 $1,439.97 $7,199.85 15 RAC7SESF AISLE ENTRY SENSOR-FRONT,THRU BEAM,ACTIVRAC 7 $383.00 $5,745.00 $221.76 $3,326.40 40 RAC7SP84T SIDE PROFILE-W/TAPE,ACTIVRAC 7 $190.00 $7,600.00 $110.01 $4,400.40 80 RAC7SPS84T SIDE PROFILE-SINGLE RAIL SKIP W/ TAPE,ACTIVRAC 7 $190.00 $15,200.00 $110.01 $8,800.80 30 RAC7SPSRX BRACKET ASSY-PHOTOSWEEP,RECVER ACTIVRAC 7 $207.00 $6,210.00 $119.85 $3,595.50 30 RAC7SPSTX BRACKET ASSY-PHOTOSWEEP,TRANS ACTIVRAC 7 $207.00 $6,210.00 $119.85 $3,595.50 60 RAC7TS84 TUBE SHAFT-84ACTIVRAC 7 $98.00 $5,880.00 $56.74 $3,404.40 10 RAC7WSD36B WHEEL SECTION-DRIVE,36 INCH W/BRAKE 5 DRIVE,5 LOAD,ACTIVRAC 7 $2,130.00 $21,300.00 $1,233.27 $12,332.70 10 RAC7WSD48B WHEEL SECTION-DRIVE,48 INCH W/BRAKE 5 DRIVE,5 LOAD,ACTIVRAC 7 $2,143.00 $21,430.00 $1,240.80 $12,408.00 40 RAC7WSL36 WHEEL SECTION-LOAD,36 INCH ACTIVRAC 7 $385.00 $15,400.00 $222.92 $8,916.80 15 RAC7WSL48 WHEEL SECTION-LOAD,48 INCH ACTIVRAC 7 $405.00 $6,075.00 $234.50 $3,517.50 15 RACSPCB CONDUCTOR BAR-SAFE-LEC 2 $148.00 $2,220.00 $85.69 $1,285.35 3 RACSPCBF POWER CONDUCTOR BAR FEED $57.00 $171.00 $33.00 $99.00 16 RACSPCBH3 POWER CONDUCTOR BAR HANGER, 3 POSITION $32.50 $520.00 $18.82 $301.12 15 RACSPF3 POWER FEED KIT $1,374.00 $20,610.00 $795.55 $11,933.25 60 RACSSR10 RACEWAY-WIRE CHASE $229.00 $13,740.00 $132.59 $7,955.40 30 RACSSR10C RACEWAY-WIRE CHASE COVER $163.00 $4,890.00 $94.38 $2,831.40 Std Floor Ramp Rail
93 RAC7RRCS01 RAIL-RECESSED, DF, 11/16 , A7 $234.00 $21,762.00 $128.70 $11,969.10 Powered Mobile
1 RAC7SAMKBT BOX ASSY - TUSC BLUETOOTH AUTOMOVE,ACTIVRAC 7 $1,195.00 $1,195.00 $657.25 $657.25

BUILDING B, ACTIVE RECORDS FILES
4-Post and Case Shelving
24 CS-36-F Center Stop, 4Post, Standard, 36W x 4.75H $19.75 $474.00 $9.70 $232.80 72 CS-42-F Center Stop, 4Post, Standard, 42W x 4.75H $24.50 $1,764.00 $12.03 $866.16 3 SF-3624-P Plain Shelf, 4Post, Double-Face, 36W x 24D x 0.75H $43.50 $130.50 $21.36 $64.08 24 SF-3624-S Slotted Shelf, 4Post, Double-Face, 36W x 24D x 0.75H $43.50 $1,044.00 $21.36 $512.64 9 SF-4224-P Plain Shelf, 4Post, Double-Face, 42W x 24D x 0.75H $55.00 $495.00 $27.01 $243.09 72 SF-4224-S Slotted Shelf, 4Post, Double-Face, 42W x 24D x 0.75H $55.00 $3,960.00 $27.01 $1,944.72 47 168 SR-24-F SHELF REINFORCEMENT,24 $6.00 $1,008.00 $2.95 $495.60 21 SR-24-H SHELF REINFORCEMENT,24 HEAVY $7.00 $147.00 $3.44 $72.24 48 SS-3614-F SHELF SUPPORT,36 X 14 $8.25 $396.00 $4.05 $194.40 6 SS-3614-HC SHELF SUPPORT W/ EARS CUT OFF,HEAVY,36 X 14 $13.00 $78.00 $6.38 $38.28 144 SS-4211-F SHELF SUPPORT,42 X 11 $14.00 $2,016.00 $6.87 $989.28 18 SS-4214-HC SHELF SUPPORT W/ EARS CUT OFF,42 X 14 $15.75 $283.50 $7.73 $139.14 6 US-2485-CA Upright, 4Post, Closed Angle, 24D x 85.25H $129.00 $774.00 $63.34 $380.04 9 US-2485-CT Upright, 4Post, Closed Tee, 24D x 85.25H $149.00 $1,341.00 $73.16 $658.44 Standard Mobile
9 AT6 FLOATING ADA BAT BRACKET KIT $89.00 $801.00 $48.95 $440.55 3 CDW2S16NA Line Shaft Mech Assist Carriage $4,396.00 $13,188.00 $2,417.80 $7,253.40 6 CHSTSS35 CARDHOLDER, STEEL W/SS DECAL $17.75 $106.50 $9.76 $58.56 Std Floor Ramp Rail
4 85008.02 ANCHORING CEMENT(GROUT - 50#) SEALWALL- ANCHOR-TITE $218.00 $872.00 $119.90 $479.60 4 RE2 END STOP KIT-B RAIL,FLUSH MOUNT $148.00 $592.00 $81.40 $325.60 39 RFC9 RAIL FORM COVER B ANTI-TIP RAIL, ADA $8.75 $341.25 $4.81 $187.59 39 RL004S.251237012 RAIL B ANTI-TIP SEISMIC, ADA, 1/4 PLATE, 12 INCH SPACING, 3/8 ANCHOR, FL SP 1/8 $93.00 $3,627.00 $51.15 $1,994.85 Face Panels
3 EHPL2496 HPLF PANEL 24 X 96 $514.00 $1,542.00 $282.70 $848.10 BUILDING B, CORRIDOR 137
Firearm Storage
3 EDHGF06 WALL MOUNT HAND GUN LOCKER- FLUSH MOUNT $2,854.00 $8,562.00 $1,458.39 $4,375.17 BUILDING B, SALLYPORT 152
Firearm Storage
2 EDHGS06 WALL MOUNT HAND GUN LOCKER- SURFACE MOUNT $2,519.00 $5,038.00 $1,287.21 $2,574.42 BUILDING B, STOR. ARCHIVES
4-Post and Case Shelving
64 BS-36-F Back Stop, 4Post/Case, Standard, Slotted, 36W x 2.5H $12.75 $816.00 $6.26 $400.64 128 CS-36-F Center Stop, 4Post, Standard, 36W x 4.75H $19.75 $2,528.00 $9.70 $1,241.60 4 FB-3604 FRONT BASE, 36W X 4H $12.50 $50.00 $6.14 $24.56 8 SF-3618-P Plain Shelf, 4Post, Single-Face, 36W x 18D x 0.75H $34.50 $276.00 $16.94 $135.52 64 SF-3618-S Slotted Shelf, 4Post, Single-Face, 36W x 18D x 0.75H $34.50 $2,208.00 $16.94 $1,084.16 16 SF-3636-P Plain Shelf, 4Post, Double-Face, 36W x 36D x 0.75H $64.00 $1,024.00 $31.42 $502.72 128 SF-3636-S Slotted Shelf, 4Post, Double-Face, 36W x 36D x 0.75H $64.00 $8,192.00 $31.42 $4,021.76 68 SR-18-F SHELF REINFORCEMENT,18 $6.25 $425.00 $3.07 $208.76 4 SR-18-H SHELF REINFORCEMENT,18 HEAVY $7.25 $29.00 $3.56 $14.24 384 SR-36-F SHELF REINFORCEMENT,36 $9.00 $3,456.00 $4.42 $1,697.28 48 SR-36-H SHELF REINFORCEMENT,36 HEAVY $10.50 $504.00 $5.16 $247.68 392 SS-3614-F SHELF SUPPORT,36 X 14 $8.25 $3,234.00 $4.05 $1,587.60 40 SS-3614-HC SHELF SUPPORT W/ EARS CUT OFF,HEAVY,36 X 14 $13.00 $520.00 $6.38 $255.20 2 US-1885-CA Upright, 4Post, Closed Angle, 18D x 85.25H $115.00 $230.00 $56.47 $112.94 3 US-1885-CT Upright, 4Post, Closed Tee, 18D x 85.25H $128.00 $384.00 $62.85 $188.55 2 US-1888-CA Upright, 4Post, Closed Angle, 18D x 88.25H $119.00 $238.00 $58.43 $116.86 3 US-1888-CT Upright, 4Post, Closed Tee, 18D x 88.25H $133.00 $399.00 $65.30 $195.90 8 US-3685-CA Upright, 4Post, Closed Angle, 36D x 85.25H $181.00 $1,448.00 $88.87 $710.96 12 US-3685-CT Upright, 4Post, Closed Tee, 36D x 85.25H $196.00 $2,352.00 $96.24 $1,154.88 Standard Mobile
12 AT6 FLOATING ADA BAT BRACKET KIT $89.00 $1,068.00 $48.95 $587.40 4 CDW2S12MA Line Shaft Mech Assist Carriage $4,241.00 $16,964.00 $2,332.55 $9,330.20 9 CHSTSS35 CARDHOLDER, STEEL W/SS DECAL $17.75 $159.75 $9.76 $87.84 1 P2S12NN Stationary Platform $1,965.00 $1,965.00 $1,080.75 $1,080.75 9 PSACN PLATFORM-SEISMIC ANCHOR CHANNEL (NARROW) $12.25 $110.25 $6.74 $60.66 Std Floor Ramp Rail
6 85008.02 ANCHORING CEMENT(GROUT - 50#) SEALWALL- ANCHOR-TITE $218.00 $1,308.00 $119.90 $719.40 2 RE2 END STOP KIT-B RAIL,FLUSH MOUNT $148.00 $296.00 $81.40 $162.80 63 RFC9 RAIL FORM COVER B ANTI-TIP RAIL, ADA $8.75 $551.25 $4.81 $303.03 63 RL004S.251237012 RAIL B ANTI-TIP SEISMIC, ADA, 1/4 PLATE, 12 INCH SPACING, 3/8 ANCHOR, FL SP 1/8 $93.00 $5,859.00 $51.15 $3,222.45 Face Panels
1 EHPL1896 HPLF PANEL 18 X 96 $514.00 $514.00 $282.70 $282.70 4 EHPL3696 HPLF PANEL 36 X 96 $828.00 $3,312.00 $455.40 $1,821.60

OFF CONTRACT
1 LOT - PR Pallet Rack Shelving for General Evidence Mobile System $38,640.79 $38,640.79 $38,640.79 $38,640.79 1 LOT - Anchors Misc. Anchoring Materials $3,054.50 $3,054.50 $3,054.50 $3,054.50 1 LOT - UNISTRUT Unistrut for General Evidence Mobile System $4,155.84 $4,155.84 $4,155.84 $4,155.84 List price: $881,582.50
Discount: 47.34%
Net price: $464,203.60
Off-contract: $45,851.13
Material Subtotal: $510,054.73
Tax: (8.5%) $43,354.65
Freight: $48,292.20
Installation: $189,163.87
Seismic Calc's: $2,975.00
Total: $793,840.45
48

Systems & Space, Inc.
500 Boulder Court, Suite B CUSTOMER QUOTE
Pleasanton, CA 94566 # 24516-42277
Phone: (925) 426-1955
Fax: (925) 426-0882
http://www.systemsnspace.com

STANDARD TERMS AND CONDITIONS
This proposal contains information that is proprietary to Systems & Space, Inc. No part of this proposal or the enclosed CAD drawings may be used, reproduced, or disclosed to any other party without prior consent of SYSTEMS & SPACE, INC.

GENERAL
These terms & conditions shall apply to sales from SYSTEMS & SPACE, INC. to BUYER and to any quotation by SYSTEMS & SPACE, INC. for sales. These terms & conditions shall not be superseded by any terms & conditions in BUYER’S order. If a Contract Agreement will be issued in lieu of, or in addition to execution of this proposal, Buyer agrees to include this proposal as an Exhibit to the Contract Agreement.

PRICING
This proposal is valid for 60 days from the date of the proposal.

PAYMENT TERMS
The Buyer shall issue payment according to Terms of Sale noted on the quotation above. If the BUYER issues a purchase order for goods and/or services, the BUYER shall state the deposit amount on BUYER’s purchase order. A monthly finance charge of 1 ½% per month shall accrue to the BUYER on all outstanding invoices beyond 30 days.

ENGINEERING DATA
The proposal, drawings and/or specifications of any quotation are confidential engineering data, and represent SYSTEMS & SPACE, INC.’S investment in engineering skill and development, and remain the property of SYSTEMS & SPACE, INC. Such are submitted with the understanding that the information will not be disclosed or used in any manner detrimental to SYSTEMS & SPACE, INC. All specifications and dimensions of proposal, drawings are approximate, and are subject to changes during detailed engineering. These engineering changes may incur additional material and/or labor costs, which will be the responsibility of the BUYER. DELIVERY
Shipping or delivery dates are approximate. SYSTEMS & SPACE, INC. shall not be liable for delays in or failure of delivery due to changes requested by BUYER, or causes beyond its control. At the request of BUYER, BUYER shall make payment as though shipment has been made as specified and for any expenses incurred by SYSTEMS & SPACE, INC. due to BUYER’S request in delaying shipment.

STORAGE
If product is stored for more than 30 days at SYSTEMS & SPACE, Inc. due to delays in delivery caused by BUYER, SYSTEMS & SPACE INC. will charge BUYER at the rate of 1% of BUYER’s invoice per month pro-rated daily.

SPECIALS
Special items not considered as standard inventory by SYSTEMS & SPACE, INC. and/or manufactured by SYSTEMS & SPACE, INC. to BUYER’S specifications or job requirements, will become the sole property of the BUYER and will not be accepted for return.

INSURANCE
SYSTEMS & SPACE, INC. carries Workers’ Compensation insurance with statutory limits as required by law. In addition, SYSTEMS & SPACE, INC. carries General Liability Insurance with $1M occurrence/$2M general aggregate/$2M completed operations, and Auto Liability with $1M combined single limit. Upon request, entities shall be named as Additional Insured under endorsements available for the current policy period.

CANCELLATION
On all cancelled orders, BUYER shall compensate SYSTEMS & SPACE, INC. for its performance, commitments and damage as follows: BUYER shall pay SYSTEMS & SPACE, INC. a cancellation fee not to exceed the original purchase price.

CONSTRUCTION AREA
BUYER shall provide SYSTEMS & SPACE, INC. with a free and clear construction site. All materials and/or construction shall be removed from the area. BUYER will furnish SYSTEMS & SPACE, INC. with adequate electrical power to efficiently operate the power tools required for the installation.

UNLOADING, SPOTTING AND STORAGE
BUYER shall provide SYSTEMS & SPACE, INC. with adequate unloading facilities, and sufficient access to those facilities to ensure SYSTEMS & SPACE, INC.’S efficient unloading procedure. Adequate aisles shall be provided by the BUYER to provide efficient handling of the materials from the unloading of storage area to the construction site.

COMMENCEMENT OF INSTALLATION AT JOB SITE
SYSTEMS & SPACE, INC. will not be obligated to commence work at job site until receipt of written notice from BUYER that BUYER’S building is ready for use and necessary utilities and equipment are supplied there as well.

CHANGES IN WORK
Should the BUYER order changes in the work, such orders and adjustments shall be made in writing to SYSTEMS & SPACE, INC. The contract price shall be adjusted according to the changes in the work specified.

COMPLETION
Installation shall be deemed completed upon use of any equipment by BUYER.

FLOORS
49 Authorized Signature Accepted Date
Systems & Space, Inc.
500 Boulder Court, Suite B CUSTOMER QUOTE
Pleasanton, CA 94566 # 24516-42277
Phone: (925) 426-1955
Fax: (925) 426-0882
http://www.systemsnspace.com
BUYER is responsible for the load bearing capacity of the floor upon which the proposed installation shall be constructed.

FLOOR COVERING
Existing floor covering may require removal prior to the start of our scope of work. Removal and replacement of existing floor covering is specifically excluded from this proposal. Should the client wish Systems & Space, Inc. to remove the existing floor covering, please consult your Systems Planner for a quote for this work. Please note that while Systems & Space, Inc. will use every precaution to maintain the integrity of the existing floor covering, we cannot guarantee that the existing floor covering will be suitable for reuse. Client acknowledges that installation of new floor covering may be required, at an additional cost to client.

SURVEYS, PERMITS AND REGULATIONS
BUYER shall procure and pay for all permits, inspections, and/or structural calculations required by any governmental authority for any part of the work performed by SYSTEMS & SPACE, INC., except if otherwise stated.

TESTING
All material and equipment for testing the installation shall be provided at BUYER’S expense. At the time that SYSTEMS & SPACE, INC. states to the BUYER that the work is complete, the BUYER will inspect the work and if the work is in conformity with the terms and provisions of the proposal, the BUYER shall accept the same and deliver to SYSTEMS & SPACE, INC. a signed statement of acceptance. If the BUYER fails to so notify SYSTEMS & SPACE, INC. or if the BUYER fails to make such inspection, the work shall be conclusively deemed accepted by the BUYER.

LABOR RELATIONS
SYSTEMS & SPACE, INC. is a non-union contractor. Unless specifically outlined in the project specifications and/or bid documentation, our bid will not be based upon compliance with the terms and conditions of any labor agreements. Any requirement to comply with labor agreements identified after submission of this bid will require an increase in our contract amount to reflect this change. Our proposal is based upon an eight (8) hour workday during normal business hours (unless otherwise specified). No provisions have been made for overtime or shift premium pay.

FORCE MAJEURE
As used herein, “Force Majeure” means circumstances beyond the control of the Party thereby affected, including, but not limited to, acts of God, fire, flood, windstorm, earthquake, explosion, pandemics, riot, sabotage, war, terrorism, threat of terrorism and any resulting security measures, strikes or other concerted work stoppages, lockouts, injunctions, civil unrest, inability to obtain raw material, supplies or energy, unscheduled outages or shutdowns or the loss of any necessary utility. Any delay in or failure of performance caused by a Force Majeure event shall not constitute a default nor give rise to any claim for damages.

LEGAL ACTION
In the event that any legal action is initiated regarding the breach of any terms or conditions of this agreement, the prevailing party shall be entitled to receive in addition to any damages suffered, their court costs and attorney’s fees incurred.

Authorized Signature
__________________________________________________________________________________________ Date ____________________________________________________ Title __________________________________________________________________________________________________________ PO No. __________________________________________________
Company
___________________________________________________________________________________________________________________________________________________________________ 50 Storage Solved®
An Introduction
to High-Density Mobile Systems

THE BASICS
51 Traditional Shelving
WASTES SPACE.

With traditional static
shelving, a large
percentage of floor space is
wasted in aisles.

Mobile Shelving
INCREASES SPACE.

Mobile shelving delivers
the same capacity as
static shelving in half the
floor space.

Mobile Shelving
DOUBLES CAPACITY.

Mobile Shelving allows
you to double the storage
capacity of your existing
floor space.

THE SPACESAVER CONCEPT
Spacesaver does exactly what our name implies — we
save space. Lots of it. Our High-Density Mobile Storage Systems can deliver up to three times the storage capacity of conventional filing and shelving in the same amount of floor space. By mounting storage cabinets or shelving on wheeled carriages that travel on rails, wasted space created by fixed aisles can be eliminated, freeing up valuable floor space for other, more productive uses — including additional storage.

The versatility of Spacesaver High-Density Mobile Systems makes it possible to mount virtually any type of storage housing on our mobile carriages, including your existing shelving and cabinets. No other storage solution is as
cost-effective or space-efficient. Regardless of size and weight, we have a mobile storage system for your needs. 52 S T O R E M O R E O F W H AT ' S

IMPORTANT TO YOU
We do what the name
implies — we save space
Spacesaver offers a range of system control options. To demonstrate the flexibility of Spacesaver Mobile Storage Systems, illustrated below are three different density configurations designed for the same architectural space. Note the handling of the column obstruction in each and how density increases as we move from manual to mechanical assist and finally to powered system control.

MANUAL MOBILE SYSTEM
Up to 16’ (4.8 m) long standard for smaller
applications. Four rows of 4’ (1.2 m) long manual
units with two entry corridors.

Total = 3,424 Nominal Shelf Feet (1,043 m)

MECHANICAL ASSIST MOBILE SYSTEM
Up to 45’ (13.7 m) long standard. Three-spoke
operator allows one pound of effort to
move minimum of 4,000-pound load. Three
sections of larger capacity units and two
entry corridors.

Total = 4,152 Nominal Shelf Feet (1,265 m)

POWERED MOBILE SYSTEM
Up to 81’ (24.6 m) long standard (longer available).

Programmable options available. Maximum density
with minimum space needed for aisles.

Total = 4,976 Nominal Shelf Feet (1,516 m)
53 1 CONTROLS: We offer the choice of
Manual, Mechanical Assist, or Powered (with
Touchpad, TUSC® Control app, Gesture
Control™, and Touch Technology Control)
to create optimal ease-of-use.
4 AISLE WIDTHS: Flexible aisle widths are
available to fit the specific needs of your business and ADA requirements.
2 FACE PANELS: No matter the
look of your space, we can create a
system to match, with extensive choice
of colors and finishes in laminates, wood
veneer, and steel.
3 SAFETY OPTIONS: Concerned about safety?
We are too. That's why we offer multiple options when it comes to the use, entry, and operation of our mobile shelving systems. 5 SHELVING: We offer 4-Post, Case-Type, Cantilever,
and Widespan shelving that is designed to integrate with our systems, designed to accommodate virtually any kind of new or existing shelving, cabinets, or other storage housing. 6 HEIGHTS. Similar to aisle widths, our systems
can be created with flexible shelving heights to meet
your needs.

WANT TO FIND OUT MORE ABOUT HOW MOBILE
SYSTEMS COULD INCREASE STORAGE FOR YOU?
Contact us for a complimentary on-site space assessment.

Spacesaver Corporation
1450 Janesville Avenue
Fort Atkinson, WI 53538-2798
800.492.3434
www.spacesaver.com
©2024 Spacesaver Corporation. Spacesaver is a subsidiary of KI. All Rights Reserved.

Litho in USA. SSC/DEL MobileShelvingBasics_0224_broch
1 6
3 5
2 4

DESIGN CONSIDERATIONS
TUSC® CONTROL APP
Turn your mobile device into
a remote control for your
powered system with the TUSC®
Control app using Bluetooth
connectivity. Open and close
aisles from up to 100 feet away,
get safety info, and search for
stored items with your Android
or iOS phone or tablet.
54 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0414 Agenda Date: 11/17/2025 Agenda #: 4.

Agenda Item Wording:

Goshen Avenue Right of Way Dedication - Request acceptance of a portion of City-owned property into the public street system as public right of way along the south side of Goshen Avenue, between Burke Street and Ben Maddox Way, across the existing Civic Center Phase 2 frontage (Resolution 2025-72 required).

Prepared by:

Mike Porter, Civil Engineer, [email protected], (559) 713-4412 Chris Crawford, City Engineer, [email protected], (559) 713-4331 Jason Huckleberry, Engineering & Building Director, [email protected], (559) 713-4495 Department Recommendation:

Staff recommends that Council adopt Resolution No. 2025-72, accepting a portion of City owned property along the south side of Goshen Avenue, between Burke Street and Ben Maddox, across the existing Civic Center frontage into the public streets system as public right of way.

Summary:

The Civic Center Phase 2 project requires the installation of new Southern California Edison (SCE) equipment to provide service to the project area. SCE initially requested a utility easement be granted in the location of the new equipment. Designating this portion of Goshen Avenue as public right of way eliminates the need to grant SCE an easement and does not interfere with the anticipated improvements to the site. The additional right of way will lie within a landscaped area between the sidewalk and block wall.

Background Discussion:

The process of designating public streets and accepting them into the city street system is set forth in Section 1806(b) of the California Streets and Highways Code. The designation and acceptance of these portions of City owned properties into the city street system for Goshen Avenue will formally establish the specific locations of this public street right of way. This process does not change the City’s fee title ownership of these parcels. Street improvements within this public street right of way are planned to be constructed with the Civic Center Phase 2 project.

Establishing this public street right of way provides public utility companies clarity as to when their facilities are subject to their respective franchise agreements with the City. For areas outside the public street right of way, the City must adopt an ordinance granting a public utility easement if one is required by a public utility company. The City owned property involved is shown on the attached aerial map.

Fiscal Impact: None
Prior Council Action:

Visalia City Council Page 1 of 2 Printed on 11/12/2025
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File #: 25-0414 Agenda Date: 11/17/2025 Agenda #: 4.

May 5, 2025 - Council authorized the City Manager to execute an agreement with Seals Construction, of Visalia CA in the amount of $72,780,000.00 and authorized additional appropriation of funds for the full project cost of $99.3 million for the Visalia Civic center Phase 2 Project.

October 21, 2024 - Council adopted resolution No. 2024-62 for the formation of Underground Utility District along Goshen Avenue.

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

I move to approve Resolution No. 2025-72, accepting a portion of City owned property into the public street system as public right of way along the south side of Goshen Avenue.

Environmental Assessment Status: Program Environment Impact Report SCH No. 2010041078 CEQA Review: Initial Study No. 2024-44
Deadline for Action: 11/17/2025
Attachments:

1. Aerial Map

2. ROW Location Map

3. Resolution No. 2025-72

4. Exhibit A

5. Exhibit B

6. ROW Area
Visalia City Council Page 2 of 2 Printed on 11/12/2025
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57 58
RESOLUTION NO. 2025-72

ACCEPTANCE OF CITY OWNED PROPERTY

INTO THE PUBLIC STREET SYSTEM
WHEREAS, Section 1806(b) of the California Streets and Highways Code states that no public or private street or road shall become a city street or road until the governing body, by resolution, has caused the street or road to be accepted into the city street system.

WHEREAS, the City of Visalia owns the following parcels of real property in the City of Visalia, County of Tulare, State of California:

1. Parcel 1 described in Grant Deed Document No. 2025-0030789 Official Records Tulare County, recorded June 30, 2025, being a portion of the Southeast quarter of Section 29, Township 18 South, Range 25 East, Mount Diablo Base and Meridian

2. Parcel 6 described in Grant Deed Document No. 2025-0030789 Official Records Tulare County, recorded June 30, 2025, being a portion of the Southeast quarter of Section 29, Township 18 South, Range 25 East, Mount Diablo Base and Meridian WHEREAS, the City of Visalia desires to designate public street segments of East Goshen Avenue over portions of these parcels of real property and to accept these public streets into the city street system and said portions are more particularly described as follows:

See Exhibit “A” (legal description) and Exhibit “B” (plat of the area described) attached and made a part thereof.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Visalia does hereby designate the above-described public street segment over said parcels of real property and to accept this public street into the city street system. 59 PASSED AND ADOPTED: LESLIE B. CAVIGLIA, CITY CLERK

STATE OF CALIFORNIA )
COUNTY OF TULARE ) ss.

CITY OF VISALIA )
I, Leslie B. Caviglia, City Clerk of the City of Visalia, certify the foregoing is the full and true Resolution 2025-72 passed and adopted by the Council of the City of Visalia at a regular meeting held on November 17, 2025.

Dated: ________________________________ LESLIE B. CAVIGLIA, CITY CLERK By Reyna Rivera, Chief Deputy City Clerk
60

EXHIBIT "A"

LEGAL DESCRIPTION
A portion of the Northwest Quarter of the Southeast Quarter of Section 29, Township 18 South, Range 25 East, Mount Diablo Base and Meridian according to the official plat thereof on file with the Bureau of Land Management, also being a portion of Parcel 1 as shown on Parcel Map No. 3599, recorded in Book 37 of Parcel Maps at Page 2, Tulare County Records, in the County of Tulare, State of California, more particularly described as follows:

Commencing at the northwest corner of said Parcel 1, also being the northwest corner of the East half of said Southeast Quarter of Section 29;
thence along the north line of said northwest corner, and the north line of said Parcel 1, South 89°34′30″ East, a distance of 657.44 feet to the northeast corner of said Parcel 1; thence along the east line of said Parcel 1, South 0°00′19″ East, a distance of 42.00 feet to a point 42.00 feet southerly from, measured perpendicular to, said north line of Parcel 1, said point being on a south line of the 42 foot wide area along Goshen Avenue designated as public street segment in City of Visalia Resolution 2016-04, recorded in Document 2016-0027563, Official Records County of Tulare; thence along said south line, North 89°34′30″ West, a distance of 31.50 feet to the True Point of Beginning;
thence parallel with said east line of Parcel 1, South 0°00′19″ East, a distance of 13.50 feet; thence parallel with aforementioned north line of Parcel 1, North 89°34′30″ West, a distance of 146.95 feet;
thence perpendicular to said north line, North 0°25′30″ East, a distance of 13.50 feet to the previously mentioned south line of the area designated as public street segment; thence along said south line, South 89°34′30″ East, a distance of 146.85 feet to the True Point of Beginning;
The above described property contains 1,983 square feet, more or less.

End of legal description.

APN 094-180-009, 094-180-011 (portions)
19SEP25

61 62

G G G G G G G G G G G G G G G
G
G
G
G
G

UE UE UE UE UE UE UE UT UT
UT UT
UT

UT UT UT
UT
UT
UE

UE UE UE UE
D D
BFP
BFP

LOADING ZONE

NO PARKING
BFP
PIV
FDC
10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00
STA 10+15.66 (50.3' RT)
MATCH EX. AC 332.36
STA 9+85.55 (11.1' RT)
MATCH EX. AC 332.96
STA 10+15.25 (10.7' RT)
MATCH EX. AC 333.00
STA 10+32.58 (21.5' LT)
MATCH EX. AC 332.61
STA 17+13.00 (17.2' LT)
MATCH EX. AC 333.79
STA 17+13.00 (0.0' )
MATCH EX. AC 334.36
STA 17+13.00 (27.0' RT)
MATCH EX. AC 333.57
STA 16+90.00
AC 333.70 STA 10+42.58 AC 332.65
STA 10+26.47
AC 333.12
STA 16+90.00
AC 334.32

2.50%

3.10%
STA 10+43.62
FL 332.45
STA 10+23.51 (50.4' RT)
MATCH EX. FL 332.21
STA 13+93.93
FL 332.98
STA 13+41.60
FL 332.90

2.06% STA 16+90.00
FL 333.43
STA 16+41.57
FL 333.35

2.70%

0.15% 0.15%

0.16%

1.52%

1.44%
STA 10+54.31C 333.10
C 334.05
TC/C 333.55
STA 10+78.62
FL 332.51
STA 11+12.28
FL 332.56
TC 333.10
AC 332.60 TC 333.13
AC 332.63
TC/C 333.14
TC 333.06
AC 332.56
C 333.07
TC/C 333.49
C 333.40 C 333.48
TC/C 333.56
TC/C 333.62
TC/C 333.85
TC/C 333.88
TC/C 333.96
TC/C 333.89
C 333.85
STA 9+99.21 (21.5' LT)
MATCH EX. AC 333.18
STA 9+85.55 (5.5' LT)
MATCH EX. AC 333.13
STA 9+65.55 (5.5' LT)
MATCH EX. AC 333.15
STA 9+65.55 (18.6' LT)
MATCH EX. AC 332.61
STA 9+71.87 (21.5' LT)
MATCH EX. AC 332.55

GOSHEN AVE
322
325
330
335
340
322325330335340
9+50 10+00 11+00 12+00 13+00 14+00 15+00 16+00 17+00 17+50 STA 10+26.47
CL 333.12
STA 16+90.00
CL 334.32
STA 17+13.00
CL 334.36
STA 10+32.58
EP 332.61
STA 10+42.58
EP 332.65
STA 16+90.00
EP 333.70
STA 17+13.00
EP 333.79
STA 10+43.62
FL 332.45
STA 16+90.00
FL 333.43
STA 17+13.00
FL 333.57
ADDENDA NO. 3
03-10-2025
Know what's below.

Call before you dig.

WARNING

POWER LINES

OVERHEAD
1800 30th STREET, SUITE 280
BAKERSFIELD, CALIFORNIA 93301
PHONE (661) 616-5900
FAX (661) 616-5890
www.provostandpritchard.com
GOSHEN AVENUESTA 10+00 - 17+00

STATIONING IS ALONG CENTERLINE
0 VERT.HORIZ.
0 10X
15 30 60

SCALE IN FEET

1.5 3 6

R/W R/WR/W R/W
NEW AC PAVEMENT PER DETAIL 1
ON SHEET CO10

CONSTRUCTION LEGEND
AC
CONSTRUCT CURB & GUTTER PERCITY OF VISALIA STD DWG C-4 CGCONSTRUCT CURB RAMP PERCITY OF VISALIA STD DWG C-13 CRCONSTRUCT DRIVE APPROACH PERCITY OF VISALIA STD DWG C-24.

WIDTH PER PLAN AND 5' SIDEWALK.

DA

GRIND (E) ASPHALT PAVEMENT

AND CONSTRUCT LAP JOINT LJ

CONSTRUCT SIDEWALK PER CITY OF
VISALIA STD. C-11, CONCRETE COLOR
& FINISH PER LANDSCAPING PLANS
SW
30' 42'
20' 31' 11'
N. BURKE STREETN. BURKE STREET
10'

EG AT CENTERLINE FG AT CENTERLINE

SOUTH FLOWLINE

NORTH EDGE OF PAVEMENT
CONSTRUCT ACCESSIBLEON-STREET PARKING PER CALTRANSSTD DWG A90B ON
11' 31' 30' 12'
42' 42'

MATCH EXISTING EDGE

OF PAVEMENT

EXISTING GROUND
2%-4% 1.5%

GOSHEN AVENUE CROSS SECTION
20'

R/W R/W
FUTURE
R/W

SECTION
LINE
CO5
A

TRUNCATED DOMES PER CITY OF
VISALIA STD. DETAIL C-33 TD
TYP

PROPOSED STREET LIGHTING,
SEE SHEET CO7
CONSTRUCT ASPHALT DIKE PERCALTRANS STD. A87B TYPE A AD

EXISTING SWALE
VARIES
CO10
1 34' 30'

ORIGINAL SCALE SHOWN IS ONE
INCH. ADJUST SCALE FOR
REDUCED OR ENLARGED PLANS.
0 1"

PROPOSED FIRE HYDRANT SEE
SHEET CO6 FH

ISA PARKING SIGN
C1

PROPOSED ACCESSIBLE

CONCRETE PAVEMENT SECTION
PER DETAIL 2 SHEET CO10

TELECOMMUNICATION CONDUITS

ELECTRICAL CONDUIT

CALWATER MAIN

STORM DRAIN MAIN

EXISTING SEWER

EXISTING SEWER
AD3-CX05
SSMH

AG ADJUST TO GRADE

PROPOSED STORM DRAIN,
SEE SHEET CO6
05/23/2025-002420000_20250319_A_CO5_STREET IMPROVEMENTS STA 10+00 - 17+00_20250310_N00_NR_03_SN_SH_01_U03_C00 CO10
$ CO10-SC $
CO10
$ CO10-SC $
CO10
$ CO10-SC $
CO6
$ CO6-SC $
CO6
$ CO6-SC $
CO7
$ CO7-SC $
CO5 - STREET IMPROVEMENTS STA 10+00 - 17+00 - ADDENDUM03 SET
DATE

DRAWING
SET

VISALIACIVICCENTER
ADDENDUM03
MARCH
19, 2025
CO6
$ CO6-SC $
CO6
$ CO6-SC $
CO10
$ CO10-SC $
CO10
$ CO10-SC $
CO10
$ CO10-SC $
CO7
$ CO7-SC $
63 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0436 Agenda Date: 11/17/2025 Agenda #: 5.

Agenda Item Wording:

Authorization to Award a Contract with Lexipol - Authorize the City Manager to award a sole source five year contract with Lexipol LLC from Frisco, Texas not to exceed $260,000 to provide three software subscription services for (1) Law Enforcement Policy Management Updates/Training Bulletins (2) Managing Employee Training Records and (3) Law Enforcement Field Training Officer Management.

Prepared by: Chief Jason Salazar, 713-4215, [email protected]; Captain Dan Ford, 713- 4151, [email protected]; Lieutenant Osvaldo Dominguez, 713- 4285, [email protected]; Financial Analyst Liz Ybarra, 713-4250, [email protected] Department Recommendation: Authorize the City Manager to award a five year contract with Lexipol LLC from Frisco, Texas not to exceed $260,000 to provide three software subscriptions for Law Enforcement Policy Management, Training Bulletins/Updates; Managing Employee Training Records (METR), and Law Enforcement Field Training Officer Management (LEFTA). The renewal is effective 11/1/2025 through 10/31/2030.

Summary:

The Department requires a policy management solution that is compliant with applicable laws and regulations and customized to fit the Department’s needs. The system must be readily accessible online with real-time policy updates. Lexipol has been the City’s provider for 20+ years and is the most utilized policy management solution in the law enforcement industry. Lexipol’s policy solution allows each agency to increase policy compliance and personnel safety while improving the services provided to the community.

Background Discussion:

The Department has utilized the services of Lexipol for 20+ years to provide policy management, training content, and risk management tools. Lexipol assists in guiding police policy, provides training on policy, and tracks acknowledgement of individual officer’s comprehension of policy.

LEFTA, which falls under the umbrella of Lexipol, is a software that helps law enforcement agencies document, track, and manage critical operational data such as training, use of force, pursuits, and internal performance. Centralizing training records through LEFTA helps with department transparency, efficiency, and defensibility in daily operations.

METR is a subsidiary service of LEFTA. METR allows the Department to digitally track and manage all employee training and certifications. It allows administrators to record completed courses, schedule upcoming training, and monitor compliance with POST or departmental requirements.

Fiscal Impact: Lexipol expenditures are part of Police operations and are budgeted annually in Visalia City Council Page 1 of 3 Printed on 11/13/2025
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File #: 25-0436 Agenda Date: 11/17/2025 Agenda #: 5.
software support. No additional appropriations are required. Contract C25018 requires an amendment not to exceed $260,000 over 5 years. This contract will guarantee a fixed cost with a 5% annual increase.

Lexipol is a sole source provider because Lexipol provides the only fully integrated, state-specific policy management and training platform designed exclusively for law enforcement agencies. Their service combines legally vetted, California-compliant policy content with automated updates, electronic distribution, acknowledgment tracking, and associated training modules that ensure departmental compliance with evolving laws and best practices. No other vendor offers this combination of California-specific policy maintenance, integrated training, and risk management tools in a single system. Selecting an alternative provider would result in significant duplication of effort, increased liability exposure, and loss of continuity in existing policy and training workflows. Lexipol has been the Police and Fire service provider since FY 2013/14.

The cost over five years is noted below.

Lexipol Subscription Services
11/1/2025 to 10/31/2030
Description FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 Policy Manual,
Updates, Bulletins
$34,628 $36,359 $37,277 $40,086 $42,089
METR $9,000 $9,450 $9,923 $10,419 $10,940
LEFTA (FTO) $3,000 $3,150 $3,308 $3,473 $3,647
Total $46,628 $48,959 $50,507 $53,978 $56,675
Total 5 year cost $256,747
5% Annual
Increase
Prior Council Action: None
Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to award a five-year contract with Lexipol LLC from Friso, Texas not to exceed the $260,000 to provide three software subscription services for (1) Law Enforcement Policy Management Updates/Training Bulletins (2) Managing Employee Training Records and (3) Law Enforcement Training Officer Management.

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 2 of 3 Printed on 11/13/2025
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File #: 25-0436 Agenda Date: 11/17/2025 Agenda #: 5.

Deadline for Action: 11/17/2025
Attachments: Lexipol Master Service Agreement
Visalia City Council Page 3 of 3 Printed on 11/13/2025
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67 68
69 70
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75 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0442 Agenda Date: 11/17/2025 Agenda #: 6.

Agenda Item Wording:

Award a Contract to Administer a Seasonal Low-Barrier Emergency Shelter - Award a contract to administer a seasonal low-barrier emergency shelter to the Visalia Homeless Center and authorize staff to negotiate and execute a 1-year agreement not to exceed 15% of Permanent Local Housing Allocation annual allocation estimated at $90,000 annually with 4 available extensions.

Prepared by:

Margie Perez, Housing Specialist, [email protected], (559) 713-4460; Melody Murch, Assistant Finance Director, [email protected], (559) 713-4379; Renee Nagel, Finance Director, [email protected], (559) 713-4375 Department Recommendation:

Staff recommends that the Council:

1. Award RFP-25-26-04 to the Visalia Homeless Center (VHC);

2. Authorize the City Manager or their designee to negotiate and execute a 1-year agreement not to exceed 15% of the annual allocation of Permanent Local Housing Allocation (PLHA) funding estimated at $90,000 annually, with 4 available 1-year renewals for a possible 5-year total of $450,000, contingent upon annual PLHA grant funding toward the operation of a seasonal low-barrier emergency shelter.

Summary:

A Notice of Funding Availability (NOFA) (RFP-25-26-04) was released seeking a qualified non-profit organization to operate a seasonal low-barrier emergency shelter during the winter months for Fiscal Year (FY) 2025-26, with the opportunity to extend up to four (4) additional years upon mutual agreement. In response, the City received only one (1) application from the Visalia Homeless Center (VHC). Staff recommends awarding RFP-25-26-04 to the Visalia Homeless Center to administer a seasonal winter low-barrier emergency shelter.

The proposed funding is 15% of the City’s annual Permanent Local Housing Allocation (PLHA) budget for up to five (5) years to be used for operational costs of a seasonal low-barrier emergency shelter. The City of Visalia anticipates the availability of $90,000 annually in PLHA funding, contingent upon the availability of annual PLHA grant funding. Anticipated estimated funding detail is shown below in Table 1: Five-Year Estimated Funding Summary.

Due to delays at the State level, the FY 2025-26 PLHA NOFA has not yet been released. The application for these PLHA funds is not competitive, and the City must only comply with State requirements to receive their allocation of this funding. Staff will prepare and submit the necessary application for the FY 2025-26 PLHA funds once the NOFA is released by the State. Based upon the current December 31, 2025, expected release date of the NOFA, funds are projected to be received in the late summer of 2026. The PLHA account currently has cashflow available to fund the Warming Center, and the fund will be replenished once the 2025-26 funds are received.

Visalia City Council Page 1 of 4 Printed on 11/13/2025
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File #: 25-0442 Agenda Date: 11/17/2025 Agenda #: 6.

Background Discussion:

The Request for Proposals: In anticipation of receiving the 2025-26 allocation of the PLHA funding, a NOFA was released on August 8, 2025, through September 10, 2025, seeking a qualified non-profit organization to operate a seasonal low-barrier emergency shelter during the winter months for fiscal year 2025-26, with the opportunity to extend up to four (4) additional years upon mutual agreement.

In response, the City received only one (1) application from the VHC, for the NOFA (RFP-25-26-04), which offered funding to be included in the next PLHA 5-Year Plan for a seasonal low-barrier emergency shelter. The City of Visalia evaluation committee reviewed and scored the application.

Based upon overall scores, and the VHC’s experience in administering a seasonal low-barrier emergency shelter, the evaluation committee recommends to award RFP-25-26-04 for the operation of a seasonal low-barrier emergency shelter to the VHC.

The next PLHA 5-Year plan for 2025 through 2030 will be submitted to Council after the State releases the 2025-26 PLHA NOFA, which is expected to occur no later than December 31, 2025.

Approval of this proposed contract will commit 15% of the PLHA allocation received to funding a seasonal low-barrier emergency shelter, in each year of the next PLHA 5-Year plan.

The Organization: The VHC has 10 years of experience operating a seasonal low-barrier emergency shelter within the City of Visalia. The VHC’s primary funding for the past four years has been the City’s Permanent Local Housing Allocation (PLHA) funds and in prior years it has also received Homeless Emergency Assistance Program (HEAP) state grant funds administered by the Kings/Tulare Homeless Alliance. The VHC has all the necessary supplies and furniture on hand to quickly begin project implementation. The organization has a long-standing history of support from various partner organizations, such as, the Kings Tulare Homeless Alliance and Tulare County Health and Human Services. VHC also has a large number of returning volunteers to assist with the operation of a warming center. VHC will be responsible for participating in the Coordinated Entry System (CES) and entering client data into the Homeless Management Information System (HMIS).

The seasonal emergency shelter has also been the first point of interaction for many people experiencing homelessness to begin the process for housing placement through the CES.

PLHA Funding: The PLHA Program was created by California housing legislation passed in 2017 to address the shortage of affordable housing for households at or below 60% Area Median Income.

This program receives 70% of the revenue generated by a $75 recording fee on real estate documents. The City receives PLHA funding from the California Department of Housing and Community Development (HCD) based upon the allocation process established by HUD for CDBG funding in the State of California. Eligible uses of PLHA funds include assisting homeless and at-risk of homeless persons with rapid rehousing, rental assistance, case management, operational costs of emergency shelters and new construction, rehabilitation, and preservation of permanent and transitional housing. This funding requires a Housing First approach to shelter operation in accordance with CA State law.

Proposed Funding: The proposed funding for this contract is 15% of the City’s annual Permanent Local Housing Allocation (PLHA) budget for up to five (5) years for operational costs of a seasonal low-barrier emergency shelter. The City of Visalia anticipates the availability of $90,000 annually in PLHA funding for an estimated 5-year total of $450,000, contingent upon annual PLHA grant funding.

PLHA funding will vary year-to-year, as funding is dependent on real estate transactions with fluctuating activity. The City provided the Warming Center with a total of $455,837 in PLHA funding Visalia City Council Page 2 of 4 Printed on 11/13/2025 powered by Legistar™ 77
File #: 25-0442 Agenda Date: 11/17/2025 Agenda #: 6.
fluctuating activity. The City provided the Warming Center with a total of $455,837 in PLHA funding for the prior 4-year contract agreement during FY 2021/22 through FY 2024/25.

Estimated 5-year funding detail is shown below in Table 1: Five-Year Estimated Funding Summary. 15% of any increase or decrease of the actual FY 2025-26 PLHA allocation will be directed to the FY 2025-26 Warming Center’s 15% budget.

FY 2025-26 PLHA Allocation: The FY 2025-26 PLHA NOFA and allocation has been delayed at the State level and is expected to be released by the end of this calendar year. As a result, the FY 2025- 26 PLHA funds are expected to be received in the late summer of 2026. The PLHA account currently has cashflow to cover the allocation of the proposed $90,000 to the Warming Center. Any shortfall in the funding actually received in the 2025-26 PLHA allocation will become an adjustment to the following fiscal year contract for operation of the emergency shelter.

Year-Round Drop-In Center: The contract to be negotiated will stipulate that if a year-round lowbarrier drop-in center is developed, and becomes operational, during the next 5-year PLHA plan, the Warming Center’s PLHA funding will be redirected to the operation of the year-round drop-in center.

Fiscal Impact: Approval of the item will appropriate 15% of the FY 2025-2026 PLHA annual allocation estimated at $90,000 for operation of the FY 2025-26 seasonal warming center. Approval of this item will also commit 15% in each year of the remaining 4-year PLHA funding, contingent upon receipt. Annual appropriations will only occur with the approval of each annual PLHA contract award by the California Department of Housing and Community Development (HCD). The $90,000 to be allocated for the current 2025-26 program year will use cash flow available in the PLHA fund which will be reimbursed to the fund upon receipt of the 2025-26 allocation, projected to be received in late summer 2026. No General Fund money is requested for this contract.

Prior Council Action: September 20, 2021 - Award RFP-20-21-45 to the Visalia Homeless Center for a 4-year contract agreement to administer a low-barrier warming center.

Other: None
Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

Staff recommends that the Council:

1. Award RFP-25-26-04 to the Visalia Homeless Center (VHC);

2. Authorize the City Manager or their designee to negotiate and execute a 1-year agreement not to exceed 15% of the annual allocation of Permanent Local Housing Allocation (PLHA) funding estimated at $90,000 annually with 4 available 1-year renewals for a possible 5-year total of $450,000, contingent upon annual PLHA grant funding toward the operation of a Visalia City Council Page 3 of 4 Printed on 11/13/2025
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File #: 25-0442 Agenda Date: 11/17/2025 Agenda #: 6.
seasonal low-barrier emergency shelter.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments: ●Attachment A - Visalia Homeless Center Application; ●Attachment B - Draft PLHA Contract Agreement.

Visalia City Council Page 4 of 4 Printed on 11/13/2025
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PERMANENT LOCAL HOUSING ALLOCATION

AGREEMENT BETWEEN THE CITY OF VISALIA AND

VISALIA HOMELESS CENTER
THIS AGREEMENT (the “Agreement”) is made this 1st day of December, 2025, (the “Effective Date”) by and between VISALIA HOMELESS CENTER, a California religious corporation (hereinafter “VHC”), and the City of Visalia, a Charter Law city of the State of California (the “City”). The City and VHC may be referred to collectively herein as the “Parties” or individually as a “Party.”

RECITALS
A. These Recitals are a material part of the Agreement and incorporated in the substantive and binding terms of the Agreement as if fully set forth therein.

B. The Permanent Local Housing Allocation (PLHA) Program was established by California housing legislation, the Building Homes, and Jobs Act (SB 2, 2017), which receives 70% of the revenue generated by a $75 recording fee on real estate documents to increase the supply of housing for households at or below 60% Area Median Income (AMI), and which allows capital costs for emergency shelters.

C. The City approved award of RFP 25-26-04 to the Visalia Homeless Center (VHC) which included Ninety Thousand Dollars and 00/100 ($90,000.00) for the Operation of a Seasonal Emergency Shelter for homeless individuals and families.

D. VHC desires to work cooperatively with the City to operate a Seasonal LowBarrier Emergency Shelter for people experiencing homelessness, in the City of Visalia, and more particularly described and identified in Exhibit “A” Project Approach, attached hereto and incorporated herein (the “Project”). Said Project will be committed to “Limited Clientele”, strictly to only those who are homeless, in accordance with 24 CFR 91.5 as set forth herein (the “Project”).

E. The Property is within the jurisdictional boundaries of the City. The operation of the Project will be accomplished using PLHA, and other non-City funding sources.

F. The City is vested with the authority to use PLHA funding for a variety of purposes, including providing funding to a community-based non-profit for operation of a public facility to be operated by a non-profit as a Seasonal Low-Barrier Emergency Shelter for people experiencing homelessness.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and subject to the terms and conditions hereinafter stated, VHC and City agree as follows:

I. PROJECT DETAILS.

A. VHC agrees to utilize the funding providing through this Agreement for purposes of operation of the Project. The Property shall be owned, or leased, by VHC as the lead organization and project manager. Subject to the specific terms and conditions contained herein, the following documents contain the general understanding of the parties with regards to the City’s funding for VHC’s operation of the Project: (1) RFP-25-26-04 FY 2025/26 – FY 2029/30 85 2
Permanent Local Housing Allocation (PLHA) Seasonal Low-Barrier Emergency Shelter (incorporated herein by reference). “Project Detail” provided by VHC to the City, which shall be incorporated herein as Exhibit A; (2) “Project Budget” spreadsheet provided by VHC, which shall be incorporated herein as Exhibit B-1; and the “Project Budget Narrative”, which shall be incorporated herein as Exhibit B-2.

B. As consideration for VHC’s obligations hereunder, the City shall provide PLHA funds in the amount not to exceed 15% of the City’s annual PLHA grant funding estimated at Ninety Thousand Dollars and 00/100 ($90,000.00) annually up to a total of five (5) years contingent upon annual PLHA grant funding, to assist VHC with the operational costs of a Seasonal Low-Barrier Overnight Emergency Shelter for the period of December 1st through March 31st of each year. However, if a year-round low-barrier drop-in center is developed, and becomes operational, during the FY 2025/26 – FY 2029/30 5-year PLHA plan, the Warming Center’s PLHA funding will be redirected to the operation of the year-round drop-in center.

C. VHC shall assist City as required to maintain compliance with the requirements of the Permanent Local Housing Allocation (PLHA) program under Chapter 364, Statutes of 2017 (SB, Atkins -hereinafter “SB 2”) as authorized by Health and Safety Code (HSC) Section 50470, which created the Building Homes and Jobs Trust Fund and the PLHA program. VHC also agrees to comply with all other applicable Federal, State, and local laws, regulations, and policies governing the funds provided under this Agreement. VHC further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available as set forth in the Project Budget.

II. GRANT COMPLIANCE.

B. Restrictions Requirements. VHC agrees that the Project shall be used as a Seasonal Low-Barrier Emergency Shelter, benefitting only clientele who are homeless, as per the requirements of PLHA. All benefitting clients must be considered qualified low-income persons ("Qualified Person”).

C. Qualified Person. All benefitting clients must be considered qualified persons ("Qualified Person”). Specifically, a Qualified Person is a person experiencing homelessness in accordance with the McKinney Act definition at 24 CFR 91.5. Annually, VHC must certify in writing to the City with appropriate supporting documentation that the Use Restriction Requirements required by this Section have been completed in accordance with the PLHA requirements.

D. Resident Conduct. VHC, its successors and assigns shall ensure that any Qualified Person residing at the Project conduct themselves in accordance with the following standards:
i. Standards of aesthetics for residents regarding use and condition of the exterior amenities of the Facility, including patios and entryways. ii. Noise standards that comply with City requirements and limits. iii. Rules related to open/recreational areas that address, at a minimum, alcoholic beverage use, and public nuisance activities. 86 3
iv. Parking prohibition of inoperative vehicles, boats, trucks of one-ton capacity and over, trailers and/or recreational vehicles within the complex. v. Standards of behavior for residents that could lead to eviction.

E. Maintenance and Operations. VHC agrees to serve as, or otherwise arrange a third party to serve as, the Property manager/Project operator for the Project. VHC shall obtain City’s approval, which shall not be unreasonably withheld, if VHC arranges for a third party to serve as the Property manager/Project operator. Subject to subsection (xii), VHC and its agents or assigns will comply with or otherwise implement the following Property management/Project operation activities :
i. VHC shall comply with all development standards, city codes, and ordinances. Buildings and premises, including paint/siding, roofs, windows, fences, parking lots, landscaping, and electrical systems shall be kept in good repair. Premises shall be kept free of junk and debris.
ii. VHC shall provide a regular program for the control of infestation by insects, rodents, and other pests.
iii. Where conditions are attributable to normal wear and tear, VHC shall make repairs and arrangements necessary to put and keep the premises in as good condition as required by law.
iv. VHC shall maintain all electrical, plumbing, heating, and other facilities in good working order.
v. VHC shall maintain the Public Facility in reasonably weather tight condition and good exterior appearance.
vi. VHC shall remove graffiti within forty-eight (48) hours of it having been observed and/or reported.
vii. VHC shall provide overnight access for the Visalia Police Department to VHC’s maintenance and management staff in person, by telephone, or email. Such numbers shall be provided to the Visalia Police Department dispatch center and updated promptly as changed.
viii. VHC shall establish and conduct a regular program of routine maintenance for the facility. Such program shall include, but not necessarily be limited to, regular inspections of common areas, restrooms, and other similar activities that typically require attention at periodic intervals, but not necessarily continuously. ix. The name and phone number of VHC or VHC’s contracted Property management/Project operator shall be posted in a prominent location at the front of the property.
x. VHC shall maintain decorative planting in a manner that does not obstruct or diminish lighting and visibility throughout the complex and common areas. xi. VHC shall manage the complex in a manner that does not permit inoperative vehicles, boats, trucks (one-ton capacity and over), trailers and/or recreational vehicles to be parked in the facility.
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xii. In the event that the Property is leased by VHC, City agrees that VHC’s obligations hereunder may be the contractual obligations of the lessor of the Property under the lease agreement (collectively “Lessor Maintenance Obligations”). VHC is not obligated to perform Lessor Maintenance Obligations directly, but instead will be obligated under this Agreement to use its best efforts to ensure that lessor performs all Lessor Maintenance Obligations in accordance with any lease agreement.

III. DEFAULT AND REMEDIES
A. Failure to Perform. Failure by VHC to duly perform, comply with, or observe any of the conditions, terms, or covenants of this Agreement shall constitute a breach of this Agreement, such failure having continued uncured for thirty (30) days after receipt of written notice thereof by VHC from City. Alternatively, if the breach cannot reasonably be cured within thirty (30) days, VHC shall not be in breach so long as VHC is diligently undertaking to cure such breach and such breach is cured within ninety (90) days.

B. Notice of Default and Opportunity to Cure. For any breach of this Agreement, City shall give written notice to VHC of any breach of the Agreement by specifying:
i. The nature of the event or deficiency giving rise to the breach of the Agreement.
ii. A date, which shall not be less than thirty (30) calendar days from the date of receipt of the notice, by which such action to cure must be taken. The City has the sole discretion to determine whatever additional reasonable time, up to ninety (90) days, is needed to cure.

C. Remedies. Upon the occurrence of a breach of the Agreement, and a failure to cure said breach within the time specified, the City's obligation to disburse funds shall terminate, and City may also, in addition to other rights and remedies permitted by the Agreement or applicable law, proceed with any or all of the following remedies in any order or combination City may choose in its sole discretion:
i. Terminate this Agreement, in which event City funds previously disbursed shall become due and payable within thirty (30) days, including any loan payments that may have otherwise been forgiven pursuant to Section I(C) herein. ii. Bring an action in equitable relief seeking the specific performance by Borrower of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of said terms and conditions, and/or seeking declaratory relief. iii. Pursue any other remedy allowed by law or in equity.

D. Hardship Exemption. If VHC cannot comply with the requirements of this Agreement for any reason, VHC may request City to alter VHC’s obligations hereunder on terms acceptable to City, but no such request may be made later than thirty (30) days after City has delivered to VHC notice of a breach or violation of this Agreement. VHC must deliver the request in writing to City. The request must set out the reasons why VHC cannot comply with this Agreement and must describe any hardship to VHC that compliance would cause. City is under no obligation to grant any relief and may proceed with its remedies under this Section III, 88 5
at law and in equity, despite VHC’s request or the hardship involved. The relief, if any, is to be determined by City in its sole discretion.

E. Right of Contest. VHC shall have the right to contest in good faith any claim, demand, levy, or assessment, the assertion of which would constitute a breach of the Declaration hereunder. Any such contest shall be prosecuted diligently and, in a manner, non-prejudicial to City or the rights of City hereunder.

F. Remedies Cumulative. No right, power, or remedy given to City by the terms of this Agreement is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to City by the terms of any such instrument, or by any statute or otherwise against VHC and any other person. Neither the failure nor any delay on the part of City to exercise any such rights and remedies shall operate as a waiver of such right or remedy, nor shall any single or partial exercise by City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.

IV. GENERAL PROVISIONS
A. Notices, Demands and Communications between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which any party may desire to give to the other parties under this Agreement must be in writing and may be given by any commercially acceptable means, including, but not limited to email and/or via overnight courier, to the party to whom the Notice is directed at the address of the Party as set forth below, or at any other address as that Party may later designate by Notice.

To City: City of Visalia
Attention: Housing Division
707 W. Acequia Avenue
Visalia, CA 93291
(559) 713-4460
[email protected]
To VHC: Visalia Homeless Center
Attention: Rev. Suzanne Ward, CEO
120 N. Hall Street
Visalia, CA 93291
With a copy to: Michael O. Glass, Esq.

Ragghianti Freitas LLP
Email: [email protected]
Any Notice shall be deemed received immediately if delivered by hand, on the third day from the date it is postmarked if delivered by first-class mail, postage prepaid, upon receipt of verification of receipt if sent via email, and on the next business day if sent via nationally recognized overnight courier. Notices sent by a Party's attorney on behalf of such Party shall be deemed delivered by such Party.

B. Compliance with Federal Requirements. VHC shall comply with the following laws and directives to the extent such laws and directives apply:
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i. The Hatch Act as set forth in Title 5, Chapter 15, of the United States Code; ii. Title VIII of the Civil Rights Act of 1968, P.L. 90-284; iii. Section 109 of the Housing and Community Development Act of 1974; iv. Title VI of the Civil Rights Act of 1964, P.L. 88-352, and the regulations of HUD with respect thereto, including 24 CFR, Parts 1 and 2;
v. The Fair Housing Act (42 U.S.C. 3601-3619) as amended; vi. Section 3 of the Housing and Urban Development Act of 1968, as amended, and the regulations of HUD with respect thereto, including 24 CFR, Part 135; vii. National Historic Preservation Act of 1966 (16 USC 470) as amended, procedures set forth in 36 CFR part 800;
viii. Uniform Act (URA) of 1970 as amended, and the regulations in HUD Handbook 1378 with respect thereto;
ix. Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X), and the regulations of HUD with respect thereto, including 24 CFR, Part 35; x. Executive Order 11063, as amended;
xi. The Age Discrimination Act of 1975;
xii. The Architectural Barriers Act (ABA) of 1968 as amended; xiii. Section 504 of the Rehabilitation Act of 1973;
xiv. Executive Order 11246, as amended, and the regulations which are issued pursuant thereto;
xv. The Federal Labor Standards Act;
xvi. Section 202(a) of the Flood Disaster Protection Act of 1973; xvii. Sections 302 and 401(b) of the Lead-Based Paint Poisoning Prevention Act and implementing regulations in 24 CFR, Part 35;
xviii. The Davis-Bacon Act, as amended, which requires that all laborers and mechanics who are employed to perform work on the Project, or any contractor or construction work which is financed, in whole or in part, with assistance which is received under the Housing and Community Development Act of 1974 shall be paid wages at rates which are not less than those that prevail in the locality for 90 7
similar construction and shall receive overtime compensation in accordance with the Contract Work Hours and Safety Standards Act. The contractor and its subcontractors shall also comply with all applicable Federal laws and regulations which pertain to labor standards, including the minimum wage law; xix. 24 CFR, Part 576, of the Stewart B. McKinney Homeless Assistance Act; xx. 45 CFR, Part 76, Subpart F of the Drug-Free Workplace Act of 1988; xxi. Section 319 of Public Law 101-121, of the Department of the Interior Appropriations Act, which prohibits Owner from using appropriated Federal funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a specific contract, grant, or loan, and requires that no Federal appropriated funds have been paid or will be paid, by or on behalf of Owner, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
xxii. Title I of the Housing and Community Development Act of 1974, as amended, which requires that Owner shall: (a) Not discriminate against any employee or applicant for employment on the basis of religion and not employ or give preference in employment to persons on the basis of religion: (b) Not discriminate against any person applying for such public services on the basis of religion and not limit such services or give preference to persons on the basis of religion; (c) Provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing and exert no other religious influence in the provision of such public services;
xxiii. Title II of the Americans with Disabilities Act of 1990 as amended. xxiv. None of the personnel employed in the administration of the Project shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 Title 5, U.S. Code.
xxv. None of the Funds to be paid under this Agreement shall be used for any partisan political activity, or to support or defeat legislation pending before Congress. xxvi. Owner shall comply with the requirements of Executive Order 11625 which provides for the utilization of minority businesses in all federally assisted contracts to the greatest extent possible.
xxvii. Any material breach of the terms of this section shall result in forfeiture of all Funds received by Owner pursuant to this Agreement, or any part thereof as determined by the City.
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C. Records Maintenance. VHC shall retain all records pertinent to the Project and activities and expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement or after the resolution of all federal audit findings, whichever occurs later. VHC shall maintain data documenting resident eligibility for housing and/or services provided. Such data shall include, but not be limited to, resident name, address, income level, ethnicity, and description of housing and/or services provided.

Reporting to City by VHC of compliance with this provision shall be accomplished by delivering the initial “Income Certification” application/form which shall be provided to VHC by the City.

Thereafter, ongoing monitoring shall also include submission of annual audits, review of partner agreements, review of cash flows, reserves and capital improvements as requested by City. In addition, VHC shall, if requested by City, provide to City a report or any other documentation relative to partnerships agreements, operational statements, including cash flow, reserves and capital improvements, occupancy, Resident composition, and such other matters as City shall reasonably request to ensure compliance.

D. Assignment, Transfers and Successors. For purposes of this Agreement, "Transfer" shall mean any sale, assignment, or transfer, whether voluntary or involuntary, of any rights and/or duties under this Agreement, and/or any interest in the Project or the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, a partnership interest, a leasehold interest, a security interest, or an interest evidenced by a contract by which possession of the Project is transferred.
i. No Transfer shall be permitted without the prior written consent of the City.
ii. The approval of transfers by VHC to another legal entity wholly controlled and managed by VHC shall be permitted by the City and approval of said transfer shall not be reasonably withheld.

F. Severability. In the event any term or provision of this Agreement is deemed to be in violation of law, null and void, or otherwise of no force or effect, the remaining terms and provisions of this Agreement shall remain in full force and effect.

G. Parties Not Co-Venturers. Nothing in this Agreement is intended to, or does, establish the City and VHC as partners, co-venturers or principal and agent with one another.

H. Warranties. City expresses no warranty or representation to VHC as to fitness or condition of the Property or the Project, other than those specifically contained in the Purchase and sale Agreement between the Parties.

I. Attorney’s Fees. In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or to collect damages as a result of any breach thereof, the party prevailing in any such action shall be entitled to recover against the party not prevailing, its reasonable attorney’s fees and costs incurred in such action.

K. Indemnification Regarding Project. VHC agrees to indemnify, protect, hold harmless and defend (by counsel reasonably satisfactory to City) the City, and its respective Council members, officers and employees from all liability arising out of the Project, the Property, and VHC’s operation of the Project except for the gross negligence or misconduct of City and its respective Council members, officers and employees. This provision shall survive expiration and/or termination of this Agreement.
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L. Governing Law. This Agreement shall be interpreted under the laws of the State of California.

IN WITNESS WHEREOF, Purchaser has executed this Agreement, effective the day and year first set forth above.

VISALIA HOMELESS CENTER
Dated: _____________________ ________________________________ By: The Rev. Suzanne Ward
Its: President

CITY OF VISALIA
Dated: ______________________ By: _____________________________ Its: Leslie Caviglia, City Manager

APPROVED AS TO FORM
By: ____________________________
City Attorney
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Exhibit A - Project Approach
The Visalia Warming Center is a low-barrier overnight space for those who are experiencing homelessness during the coldest months of the year. The Center provides a consistent environment of acceptance, operating seven days a week, ten hours a day from 9 PM to 7 AM.

The Center offers simple snacks, warm beverages, and modest sleeping arrangements (mats and blankets). It will also have a kennel area to accommodate the pets of clients. The Center also provides, through donations, hygiene items as well as some clothing, including socks and jackets. It provides the greatest capacity available in Visalia to serve an average overnight street population of close to 500 individuals. It is anticipated that 150 to 200 of those individuals will take advantage of the Visalia Warming Center's facilities sometime during the winter. Daily logs allow an accounting and admission to the HMIS system so an individual’s information can be recorded into that person's long term homelessness history. Staff are trained in entering individuals into the HMIS system.

The Center has operated for the past 10-years and received many local acknowledgments for its outreach to those who are experiencing homeless. It has become a model for the combination of volunteers and paid staff. It has also been acknowledged as a model for engaging individuals with complex issues, allowing them to find a warm, safe place for the night while becoming receptive to receiving some basic services. Prior years the Warming Center was funded with City PLHA and Homeless Emergency Assistance Program (HEAP) grant administered by the Kings/Tulare Homeless Alliance that originated with the California Business, Consumer Services and Housing Agency through the state's Homeless Coordinating and Financing Council.

In the past, the Center generally operated for eight to ten weeks at St. Paul's Episcopal Church.

Having previously operated this program, two key staff members will return as well as many of the volunteer teams. Overnight supervising staff will need to be hired, but previous volunteers have indicated interest in seeking employment. Another goal will be to reach out to more faithbased groups and service organizations in search of teams of volunteers and/or donations of packaged snacks, jackets, and hygiene items. All the necessary supplies and furniture are already on hand. Only perishable snacks and coffee supplies need to be purchased.

Once project funding is approved, the Visalia Police Department's HOPE (Homeless Outreach and Proactive Enforcement) team will be notified of the confirmed start date, along with social workers at Kaweah Health. As in the past, cards will be printed that housing navigators, HOPE team officers, and hospital workers use to pass out information about the Warming Center.

The Warming Center has a history of partnering with Tulare County Health and Human Services for various services. These have included representatives from Crisis Intervention, Drugs and Alcohol, Adult Protective Services and Public Health. The Center has an active relationship with the Kaweah Health Street Medicine Team, which has mobilized to provide direct medical services to clients in need. Besides providing some direct services, these partners have assisted with needed referrals. Housing Navigators from the Kings/Tulare Homeless Alliance have provided support as well as Kaweah Health’s Bridge Program. Among the Warming Center's most active partners is the faith-based community in Visalia, most notably Christ Lutheran Church. The intent is to engage with these existing partners and continue to develop and possibly expand this partnership list. The Center's staffing and donations are dependent on various partnerships with faith-based and secular organizations. 94 11
Exhibit B-1 - Project Budget
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Exhibit B-2 - Project Narrative
96 Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0504 Agenda Date: 11/17/2025 Agenda #: 7.

Agenda Item Wording:

Lease Agreement Authorization - Authorize the Visalia Homeless Center to lease the City building located at 701 East Race Avenue, to operate a seasonal low-barrier emergency shelter during the winter months for Fiscal Year 2025/26 through FY 2029/30 for an annual fee of $1.

Prepared by:

Margie Perez, Housing Specialist, [email protected], (559) 713-4460; Melody Murch, Assistant Finance Director, [email protected], (559) 713-4379; Renee Nagel, Finance Director, [email protected], (559) 713-4375.

Department Recommendation: Staff recommends that the City Council authorize the City Manager to negotiate and execute a 5-year agreement with the Visalia Homeless Center to lease the Building at 701 East Race Avenue to operate a seasonal low-barrier emergency shelter during the winter months for FY 2025/26 through FY 2029/30 for a $1 annual fee.

Summary:

A Notice of Funding Availability (NOFA) (RFP-25-26-04) was released seeking a qualified non-profit organization to operate a seasonal low-barrier emergency shelter during the winter months for Fiscal Year (FY) 2025-26, with the opportunity to extend up to four (4) additional years upon mutual agreement. In response, the City received only one (1) application from the Visalia Homeless Center (VHC). Staff is recommending the award of RFP-25-26-04 to the VHC to administer a seasonal winter low-barrier emergency shelter.

As a result of this recommended award, the VHC has requested to lease the City owned building at 701 East Race Avenue to be used as the location for a seasonal low-barrier emergency shelter.

Based upon the prior use of this location for this purpose, staff is recommending approval of this VHC request.

Background Discussion:

The Request for Proposals: A Notice of Funding Availability (NOFA) (RFP-25-26-04) was released seeking a qualified non-profit organization to operate a seasonal low-barrier emergency shelter during the winter months for Fiscal Year (FY) 2025-26, with the opportunity to extend up to four (4) additional years upon mutual agreement. In response, the City received one (1) application from the Visalia Homeless Center (VHC). The City of Visalia evaluation committee reviewed and scored the application. Based upon overall scores, the evaluation committee recommended to award RFP-25-26 -04 for the Operation of a Seasonal Low-Barrier Emergency Shelter to the VHC.

Warming Center: The seasonal low-barrier emergency shelter, also known as a warming center, will be open 7 days a week from 9:00pm to 7:00am during the winter months for people experiencing or at-risk of homelessness. The warming center will be open to all ages including seniors and families Visalia City Council Page 1 of 3 Printed on 11/14/2025
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with children. Warming center residents will be provided with a blanket, sleeping mat, and simple snacks.

The VHC has successfully operated a seasonal low-barrier emergency shelter for nearly 10-years.

The VHC held a City 4-year contract agreement to operate a seasonal low-barrier emergency shelter in the City of Visalia for FY 2021/22 through FY 2024/25. The warming center has been successfully operated at the E Race Building for the past 3 winter seasons from FY 2022/23 through FY 2024/25.

East Race Building: The VHC has requested to continue utilizing the City owned building at 701 East Race Avenue, Visalia, CA 93292 to operate a seasonal low-barrier emergency shelter during the winter months for FY 2025/2026 through FY 2029/2030 at a $1 annual leasing fee. The VHC will be responsible for payment of all utility costs for the property while the shelter is in operation and will be required to maintain all utility accounts in its operational name. The VHC will be responsible for conducting routine custodial services and maintenance of the property according to City standards while in use. The draft lease agreement is included herein as Attachment A - Draft Lease Agreement.

This location is surrounded by commercial properties and is a 5-minute walk away from the Visalia Rescue Mission. The controversial nature of proposed locations for even temporary homeless facilities makes it important to review VHC’s plans to mitigate the effect on the surrounding community.
· Temporary Conditional Use Permit Required: Due to the zoning ordinances at this location, VHC will be required to obtain a Temporary Conditional Use Permit (TCUP). VHC will be required to file an application with the City of Visalia Planning Department to pursue a TCUP. · Neighborhood Notification: In addition, VHC will notify nearby residents and businesses by providing a letter and VHC staff contact information to each household and business prior to beginning the project.
· Staff Response to Complaints: VHC staff will be available to immediately address any community concerns as they arise during the warming center season. · Security Provided: Each morning VHC will direct warming center residents to the Visalia Rescue Mission for breakfast to prevent loitering during the day. Security will be provided at the location to ensure homeless individuals do not arrive in the area early before the center opens each night or stay on after the center closes in the morning. · Daily Clean-up: VHC staff will provide daily cleaning of the building and its surrounding area each morning once the warming center has ended.

Year-Round Drop-In Center: The building lease agreement to be negotiated will stipulate that if a Visalia City Council Page 2 of 3 Printed on 11/14/2025
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File #: 25-0504 Agenda Date: 11/17/2025 Agenda #: 7.
year-round low-barrier drop-in center is developed, and becomes operational, during the 5-year lease agreement, the lease agreement to operate a seasonal low-barrier emergency shelter will end.

Fiscal Impact: Approval of this item will authorize a $1 annual leasing fee for the use of the E Race Building to operate a seasonal low-barrier emergency shelter during the winter months for FY 2025/26 through FY 2029/30. No General Fund money is included or requested for this agreement.

Prior Council Action:

September 20, 2021 - Award RFP-20-21-45 to the Visalia Homeless Center for a 4-year contract agreement to administer a seasonal low-barrier emergency shelter.

Other: None.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move that the City Council authorize the City Manager to negotiate and execute a 5-year agreement with the Visalia Homeless Center to lease the building located at 701 East Race Avenue to administer a seasonal low-barrier emergency shelter during the winter months for FY 2025/26 through FY 2029/30 at a $1 annual lease fee.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments: Attachment A - Draft Lease Agreement
Visalia City Council Page 3 of 3 Printed on 11/14/2025
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1 Operations and Management Agreement
Between VISALIA HOMELESS CENTER
and the CITY of Visalia
701 E. Race Ave., Visalia, CA (PROPERTY)
This Operations and Management Agreement (the "Agreement") is made and effective December 8, 2025, by and between the CITY OF VISALIA, a Municipal Corporation and charter law city of the State of California (hereinafter CITY), and VISALIA HOMELESS CENTER, a California NonProfit Public Benefit Corporation (hereinafter VHC).

RECITALS
WHEREAS, CITY owns the real property and improvements located at 701 E. Race Ave., which is known as the PROPERTY; and
WHEREAS, since 2018, the VHC has been operating facilities to provide a low-barrier overnight space for those who are experiencing homelessness during the coldest months of the year; and WHEREAS, CITY and VHC desire to enter into an Agreement to continue to provide a low-barrier overnight space for those who are experiencing homelessness during the coldest months of the year; and
WHEREAS, on November 17, 2025, City Council awarded RFP 25-26-04 to Visalia Homeless Center for the usage of 701 E. Race Ave. (PROPERTY), for a seasonal low-barrier emergency shelter up to April 1, 2026, making the PROPERTY available for VHC programming; and, WHEREAS, on December 7, 2025, the City of Visalia Site Plan Review Committee approved the usage of 701 E. Race Ave. (PROPERTY), for a seasonal low-barrier emergency shelter, through a Temporary Conditional Use Permit (TCUP) issued annually, making the PROPERTY available for VHC programming; and,
WHEREAS, the purpose of this Agreement is to document the terms and conditions under which the management and operations of the seasonal low-barrier emergency (PROPERTY) will occur.

NOW, THEREFORE, based upon the mutual covenants contained herein, the parties agree as follows:
1 . PURPOSE: The intent of the parties in entering into this Agreement is to provide a lowbarrier overnight space for those who are experiencing homelessness during the coldest months of the year, consistent with the purposes and the mission of VHC and the CITY.

2. TERM OF AGREEMENT: The term of this Agreement shall be four (4) months, to be 100
2 effective December 8, 2025, and ending on April 1, 2026. CITY and VHC may extend this AGREEMENT for a period of four (4) consecutive terms of one (1) year each, effective December 1 and ending on April 1 of subsequent years, by mutual AGREEMENT.

With each extension of this Agreement, VHC will be required to apply for and receive a Temporary Conditional Use Permit (TCUP) to make the property available for VHC programming.

3. TERMINATION: CITY shall have the right to terminate this Agreement at any time by giving VHC four (4) days' prior written notice by either personal delivery of first-class mail or postage prepaid, specifying the effective date of termination. Either party shall have the right to terminate this Agreement based on the other's failure to comply with the terms, covenants, and requirements contained herein.

If, at any time during this term of this AGREEMENT, a year-round, low-barrier, drop-in center is developed and becomes operational, the Permanent Local Housing Allocation (PLHA) funding for the VHC seasonal low-barrier emergency shelter will be redirected to the year-round operation following the notifications noted above.

4. GROUNDS AND FACILITIES: CITY hereby permits VHC to use the PROPERTY and grounds surrounding same without renting in partial exchange for the operations contemplated herein and under the terms and conditions specified herein.

5. UTILITIES: VHC shall be responsible for the payment of all utility costs for the PROPERTY.

6. SUBLEASE: The CITY's intent is for the facility to be utilized by VHC; however, should VHC desire to have a portion of the facility utilized by a subtenant, the CITY retains the right to approve, in writing, any and all subtenants, providing that the subtenant is compatible with the programming slated to be provided by VHC

7. DESTRUCTION OF THE FACILITIES: If the PROPERTY shall be wholly destroyed by fire or other casualty, the CITY may elect not to rebuild the same and may terminate this Agreement by delivering written notice of such election to VHC within one (1) week of the occurrence of such destruction. If any of said facilities shall be partly or wholly destroyed or damaged by fire or other casualty, the CITY shall not be required to repair the same.

8. SURRENDER: Upon the termination of this Agreement, VHC shall surrender possession of the PROPERTY to the CITY and shall, at the time of surrender, leave the facility in as good order and condition as said facility was at the inception of this Agreement, ordinary wear and tear, and damage by the elements of fire, earthquake, flood, act of God, or public calamity, excepted.
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3 9. CITY COVENANTS:
a. CITY agrees to perform a walk-through inspection of the warming center jointly with VHC to identify areas in need of routine maintenance, minor repairs, and nonfunctional items. The repair shall occur within thirty (30) days of the walk-through, subject to funding availability, unless otherwise mutually agreed by the parties. VHC shall undertake minor maintenance, and CITY shall undertake minor repairs. (See Attachment I).

10. VHC COVENANTS: In exchange for CITY'S covenants, VHC covenants and agrees to:
a. Operate, manage, and maintain the seasonal drop-in emergency shelter; provide a low-barrier overnight space for those experiencing homelessness during the coldest months of the year; and provide the appropriate staff and/or volunteers to operate the programs.
b. VHC will maintain required utilities (electric, natural gas, water service, and trash service) in its operational name.
c. Assess, refine, and designate hours of service. Minimum hours of service are to be established and mutually agreed upon by the VHC representative and the City's Representative and are to be posted prominently on the facility site. d. Conduct and pay for routine, minor maintenance and repair services of the PROPERTY and premises consistent with CITY standards as defined in Attachment

1. This shall include maintaining maintenance and repair logs and documentation (e.g., invoices) of all repairs made to the PROPERTY and premises by VHC and thirdparty agencies (See Attachment I). The CITY agrees that VHC's obligations under this section 10.c and 10.e shall be limited to maintenance and repair services costs, expenses, and fees in the cumulative amount not to exceed Four Thousand Dollars ($4,000.00) for the entire term of this Agreement (the "Maintenance and Repair Cap"). The Maintenance and Repair Cap will not apply to any amounts incurred to repair any damage to the PROPERTY caused by VHC or its invitees or guests. e. Maintain compliance with any and all present and future laws, general rules related to, but not limited to, public health, safety, or welfare issued by any governmental authority now or at any time during the terms of this AGREEMENT. This AGREEMENT is expressly subject to regulations and policies of the Tulare County Health Services Department and the Director of Health Services. VHC shall, at all times, faithfully obey and comply with all laws and regulations applicable thereto, adopted by federal, state, county, CITY, or other governmental bodies, departments, or officers thereof. f. Conduct and pay for routine custodial services of the PROPERTY and premises 102
4 consistent with CITY standards (See Attachment II). This shall include maintaining custodial logs that are available to CITY when requested. g. Conduct maintenance of the grounds surrounding the PROPERTY consistent with CITY standards. This excludes the irrigation system, which is CITY's sole responsibility. VHC will notify the CITY as issues with the irrigation system arise. h. Conduct visits with CITY staff members to inspect the PROPERTY and grounds at the beginning and end of the term of this Agreement to review the condition of the PROPERTY.

11. INSURANCE:
a. Required Policies: VHC agrees to immediately secure and maintain during the Term of this Agreement, and prior to commencement of any work hereunder, insurance coverage as follows:

I) Worker's Compensation: Worker's Compensation Insurance with statutory limits and Employer's Liability Insurance with limits not less than one million dollars ($1,000,000.00) per incident. Such insurance shall comply with all applicable state laws.

II) Commercial General Liability and Property Damage: Commercial general liability insurance with a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence. Such insurance shall include products/completed operations liability, owner's and contractor's protective, blanket contractual liability, personal injury liability, and broad form property damage coverage.

III) Commercial Automobile Public Liability and Property Damage: Automobile Public Liability and Property Damage Insurance with a combined single limit of not less than one million dollars ($1,000,000.00) peroccurrence. b. Board of Directors Insurance: Board of Directors Insurance with a combined single limit of not less than one million dollars ($1,000,000.00) per occurrence. c. Additional Insured: The General Liability/Property Damage and Automobile Liability/Property Damage policies shall:

I) Name CITY, its appointed and elected officials, offers, employees, and agents as additional insureds;
II) Be primary with respect to any insurance or self-insurance programs maintained by CITY;
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5 III) Shall apply separately to each insured against whom claims are made or suit is brought, except with respect to limits of the insurer's liability; IV) Contain standard cross-liability provisions.
d. No Material Change, Termination, or Expiration Without Notification: Each required policy shall provide that such insurance shall not be materially changed, terminated, or allowed to expire except on seventy-two (72) hours' prior written notice to CITY. e. No Subrogation: Each required policy shall be endorsed to include a waiver of subrogation against the CITY, its officers, officials, agents, and employees. f. Duration: This insurance shall be maintained during the Term of this Agreement until the term expires if an occurrence policy form is used. If a claims-made policy is used, coverage shall be maintained during the Agreement Term and for a period extending five (5) years beyond the Agreement Term. VHC shall replace such certificates for policies expiring prior to the Term of this Agreement, and shall continue to furnish certificates for five (5) years beyond the Agreement Term when VHC utilizes claims-made form(s).
g. Failure to Maintain Insurance: If VHC for any reason fails to maintain insurance coverage which is required pursuant to this AGREEMENT, the same shall be deemed a material breach of this Agreement. CITY, at its sole discretion, may terminate this Agreement and obtain damages from VHC resulting from said breach. Alternatively, CITY may purchase such required insurance coverage without further notice to VHC and may deduct from the monies agreed to be provided to VHC hereunder any premium costs advanced by CITY for such insurance.

12. INDEMNIFICATION: VHC agrees to indemnify and save harmless CITY and its officers, officials, agents employees and assigns from and against any and all claims, demands, suits, loss, damage, injury, and liability, including cost and expenses incurred in connection therewith, resulting from, arising out of, or in any way connected with the performance of this Agreement, including delivery and unloading of supplies and equipment, regardless of the passive, concurrent negligence on the part of the CITY or anyone acting under its direction or control on its behalf. It is further the intent of the parties that this indemnification requirement is not intended to relieve the CITY from liability for the active negligence or misconduct of the CITY, its officers, appointed and elected officials, agents, and employees. This Hold Harmless clause is in no way an admission of liability on the part of the CITY, or any of its officers, officials, agents, or employees.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against 104
6 public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

13. INDEPENDENT CONTRACTOR: VHC represents that it is a non-profit corporation, governed by a board of directors, and administered by the Board, and agrees that all employees, agents, subcontractors, and independent contractors hired in furtherance of the programs and activities of VHC are hired by VHC and not by CITY and are not employees, agents, or subcontractors of CITY.

14. NO DISCRIMINATION: VHC shall not discriminate in employment practices or provision of services hereunder on the basis of race, color, national origin, ancestry, gender, religion, handicap, or political affiliation.

15. NOTICES: Any notice, demand, or communication required or permitted to be given by the terms of this Agreement, or by any law, may be given by either party by depositing said notice, demand, or communication in the U.S. Mail, postage prepaid, addressed to the other at the party's address or any new address provided by such party in writing to the other. Service of said notice, demand, or communication shall be complete five (5) calendar days after the deposit of said notice, demand, or communication in the mail.

Notices and communication concerning this Agreement shall be sent to the following addresses:

CITY VHC
City of Visalia Visalia Homeless Center
Attn: Housing Division Rev. Suzanne Ward
707 W. Acequia Ave. 120 N. Hall St.

Visalia, California 93291 Visalia, CA 93291
Either party may, by notice to the other party, change the address specified above. Service of notice of change of address shall be complete when received at the designated address.

16. MISCELLANEOUS PROVISIONS:
a. Authority: CITY and VHC and its respective signatories represent that the signatory holds the position set forth below their signature and that the signatory is authorized to execute this Agreement and to bind said party hereto. b. Assignment: Neither this Agreement nor any of the rights hereunder may be assigned without the prior written consent of CITY.
c. Interpretation /Headings: The headings/captions are for convenience and reference only and are not intended to define or limit the scope of any provision and shall have no effect on the Agreement's interpretation. When required by the context of this 105
7 Agreement, the singular shall include the plural.
d. Amendments: This Agreement may only be modified or amended in writing and signed by bothparties.
e. Severability: If any term, condition, covenant, provision, or part thereof of this Agreement is, or is declared invalid, void, or unenforceable for any reason, the remainder of the Agreement shall continue in full force and effect. f. Governing Law: The laws of the State of California shall govern the interpretation and enforcement of this Agreement, and any legal actions arising out of the terms of this Agreement shall be brought in Tulare County.
g. Attorney's Fees/Costs: In the event of legal action arising from this Agreement, the non-prevailing party agrees to pay the prevailing party reasonable attorney's fees and costs.
h. Contract Enforcement: The City Manager of CITY shall be responsible for the enforcement of this Agreement on behalf of CITY and shall be assisted therein by those officers and employees of CITY having duties in connection with the administration thereof.
i. Cumulative Rights and Remedies: Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times or any other rights or remedies.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date first written above.

CITY OF VISALIA VISALIA HOMELESS CENTER, a California NonProfit Public Benefit Corporation By By
Leslie Caviglia, City Manager
By: Rev. Suzanne Ward
Its: President

APPROVED AS TO FORM
By By
City Attorney Risk Management
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8 Attachment I - Routine Minor Maintenance and Repairs of 701 E Race Ave. (the PROPERTY)
Routine maintenance, also known as preventive, preventative, or cyclical maintenance, and the repair of damage are essential parts of the ongoing care and upkeep of any facility.

For the purpose of this Agreement and subject to the Maintenance and Repair Cap set forth in section 10.c, routine maintenance and repair shall be defined as follows: expenditures made for repair and regular upkeep of the PROPERTY include recurring, preventive, and ongoing maintenance necessary to delay or prevent the failure of critical and non-critical facility systems and equipment. For purposes of this definition, facility operational costs are not considered routine maintenance. Tangible personal property, as defined in this section, shall not be eligible for routine maintenance or repair funds. All recurring, preventive, and ongoing maintenance shall be performed to CITY standards and shall maintain the PROPERTY.

Intervals for routine minor maintenance can range from several times a day to once a year or longer. Specific examples of routine minor maintenance and minor repair include:
• Painting, caulking, andsealing
• Nail holes shall be repaired with spackle, and the wall shall be sanded, primed, and painted.
• Clogged gutters and downspouts shall be cleaned out
• Pest control as it relates to protectingstructures
• Conduit for computer and telephonewiring
• Client damage
• Minor repair of components and fixtures
• Replacement floor tile/carpeting
• Replacement of faulty lights/fixtures
• Upkeep and upgrades of fire alarm detectors/surveillance, and energy management systems
• Fire alarm and securitysystem maintenance
• Cost of chemicals, etc., required to perform preventative maintenance • Other activities planned and performed at regular intervals normally established by manufacturers or associations and based on testing or other evidence indicating that the maintenance work is necessary to extend the life or prevent the premature failure of facility components or equipment
Additional items not listed may be included upon mutual Agreement between the CITY and VHC.
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11 If the following major maintenance and/or repairs are required, it will result in ending the Agreement:
• Major repair of components and fixtures
• Cracked sidewalk repairs
• Major plumbing repairs
• Electrical wiring
• Deteriorated walls, ceilings, and relatedtrim
• Damaged or deteriorated wall areas shall be repaired to a structurally sound, watertight condition
• Damaged masonry units (brick or concrete block)
• Damaged, deteriorated, or missing roofing, sheathing, flashing, gravel stops, miscellaneous roof structures and components, and structural supports shall be repaired or replaced as required to provide a watertight seal and to retain the original whole condition of the roof system.
• Clogged or broken gutters and downspouts
• Jammed or broken locks (keys are not to be duplicated under any circumstances) Tangible personal property is not included. Major maintenance funds are reserved by the CITY for real property rather than for tangible personal property. Machinery and equipment include property that is tangible personal property when it is purchased and remains tangible personal property after the installation. Generally, tangible personal property can be moved without causing damage or injury to itself or the facility, and it does not in any other manner constitute an integral part of a structure.

For example, window air conditioners are not considered real property when installed.

Machinery and equipment that is not permanently annexed to the realty remain tangible personal property after installation. Items that are manufactured as tangible personal property can, by their nature, become structures. However, the determination must be made on an item- by-item basis.

The following is a list of property that under normal conditions remains tangible personal property after installation. The list is not complete and is for illustrative purposes only:
• Furniture, radio, and television sets, andantennas
• Portable lamps, home freezers, portable appliances, and window air conditioning units
• Portable items such as tables, counters, cabinets, computers, lockers, athletic and gymnasium equipment, and other related easily movable property attached to the structure
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12 The following is a list of property that, under normal circumstances, becomes part of the realty. The list is not complete and is offered for illustrative purposes only:
• Boilers and furnaces for space heating
• Built-in items such as cabinets, dishwashers, sinks (including faucets), exhaust fans, ceiling fans, garbage disposal, and incinerators
• Buildings and structural and other improvements to facilities, including awnings, canopies, foundations for machinery, floors (including computer room floors), walls, general wiring and lighting facilities, roofs, stairways, stair lifts, and sprinkler systems
For the purpose of this Agreement, custodial services and other day-to-day activities required for the daily operation of a facility are considered Building Operations and are not eligible for routine maintenance funding. For additional information, see Attachment II.

Any questions or disputes on distinctions between routine minor maintenance and major maintenance will rest on the final authority of CITY.

CITY retains final authority, and failure to comply or non-performance of duty in maintaining the PROPERTY will result in CITY performing necessary maintenance and repair and billing all costs associated with repair to VHC.

Failure to properly maintain the PROPERTY will result in:

1. Notice from CITY asking for compliance with the Operations and Management Agreement.

2. Notice number two from CITY, citing the date of issuance of notice number one and requesting timely compliance with the Operations and Management Agreement.

3. Notice from CITY citing failure to comply. Failure to comply or non-performance of duty in maintaining the PROPERTY will result in CITY performing necessary maintenance and repair and billing all costs to VHC.
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13 Attachment II - Section 10f Routine Custodial Services of 701 E Race Ave.

Routine custodial services are essential to the ongoing care and maintenance of any facility.

For the purpose of this Agreement, routine custodial services shall be defined as follows:

Expenditures made for cleaning and regular upkeep of the warming center include recurring, preventive, and ongoing custodial services necessary to keep the facility clean, sanitized, and to delay or prevent the failure of critical and non-critical facility systems and equipment. In addition, inspection requirements are included as they are part of the daily and monthly schedules.

This list is not intended to be all-inclusive but rather to provide the general guidelines of work expected in these areas. All actions noted are to be undertaken daily, unless otherwise noted.

Entryways, Main Areas, Offices, and Floor Coverings
• The floor, including comers, will be free of all debris • Carpeted floors vacuumed
• Vinyl, ceramic, and concrete floors will be dust mopped every service day with a dust inhibitor-treated dust mop
• Spots, stains, and gum on all floor coverings will be removed upon discovery • Floor moldings will be maintained in a dust-freecondition • Vinyl, ceramic, and concrete floors will be wet mopped daily • Walk-off mats will be cleaned every other service day and be free from sand and debris
• Mats should be inspected and removed from service when tattered or torn causing trip or other type hazards
Walls/Wall Coverings
• Dust and remove all smudges and fingerprints
• Chalk trays will be wiped down and pencil sharpeners will be emptied • Any tape on walls will be removed
• Walls will be inspected when cleaned for any peeling or chipped paint • Graffiti will be removed from walls daily with obscenity and gang-related material being removed immediately
Ceilings
• Remove cobwebs
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14 • Replace burned-out light bulbs within five working days of report unless this condition is a safety hazard, then the correction shall be in one working day • Water-stained or spotted tiles will be replaced as found to prevent mold and mildew problems
• Clean all light covers/globes
• Return vents and discharge vents will be dust free with damaged or rusty vents will be repaired or replaced within five working days of discovery Windows /Window Sills
• Windows will be free of fingerprints and smudges, tape, etc. with cobwebs removed • Windowsills will be free of dust and debris
• All windows are to be closed and locked nightly
• All broken or non-functioning hardware shall be replaced within five working days of discovery unless this causes a security problem to the facility and then it will be corrected immediately
Furniture
• All flat surfaces will be cleaned every service day
• All furnishings will be free of graffiti, gum, and dust • Desks will be dusted every service day without disturbing material • All secondary exits shall be kept free of obstructions and accessible Trash and Sanitary Receptacles
• Emptied daily and liner replaced when torn or dirty
• Sanitize the receptacle three times weekly when a liner is used, or daily without a liner
• Damaged or unusable receptacles will be removed from service and replaced immediately
Restrooms and Floor Coverings
• Floors will be swept daily or mopped daily, at a minimum, with a germicidal bacteriostatic cleaner
• Floor drains will be flushed daily with bacteriostatic cleaner used in abovestandard • Floor drain strainers will be replaced when broken or missing • Ceramic tile will be cleaned daily according to the manufacturer's recommendations
Lavatories
• Sink bowls shall be free of soap scum
• Drains shall be free of hair and soapdeposits
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15 • Fixtures shall be cleaned and polished daily to remove water deposits • Plumbing fixtures and entire lavatory shall be wiped down daily with germicidal detergent
Urinals and Toilets
• Bowls shall be free of water deposits
• Water swirl holes shall be free of deposits to allow proper water circulation • Fixtures shall be cleaned and polished daily to remove water deposits • Entire urinal and entire toilet (including the base and both sides of the seat) shall be wiped down daily with germicidal detergent
• Toilet seats shall be maintained in a safe condition, including a secure toilet seat Walls/Accessories
• Walls shall be free of fingerprints, smudges, andgraffiti • Soap dispensers shall be functional, filled, and deposit free • Paper towel holders shall be full and free of graffiti • Toilet paper holders shall be full and maintained
• Mirrors shall be fingerprint and smudge-free
• Partitions shall bewashed
• Graffiti shall be removed daily unless profanity or gang-related and then it shall be removed immediately upon report
Inspection Requirements
• All Exit lights/batteries in the facility are to be inspected and tested monthly. All inspection tags/logs are to be marked accordingly with the date and initials of the person performing the inspection.
• All Fire Extinguishers in the facility are to be inspected monthly and the inspection tag marked accordingly with the date and initials of the person performing the inspection.
• All Emergency lighting in the facility is to be inspected /tested monthly. • Facility Fire alarm systems are to be tested monthly. A VHC staff person is required to perform one drill for each month the facility is open. Custodial staff should participate in tests or be aware of their responsibilities in case of fire.

Any questions or disputes on routine custodial services shall be resolved upon mutual Agreement between the CITY and VHC.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0455 Agenda Date: 11/17/2025 Agenda #: 8.

Agenda Item Wording:

Award a Contract for 14 New Police Patrol Vehicles - Request authorization to award a purchase contract for fourteen (14) fully marked Police patrol units with National Auto Fleet Group located in Watsonville, CA, in the amount of $1,281,193 for 2026 Dodge Durango’s, appropriate $14,130 from General Fund, $106,395 from Measure T, and $122,674 from the Replacement Fund for total appropriations of $243,200.

Prepared by: Chief Jason Salazar, 713- 4215, [email protected]; Captain Dan Ford, 713- 4151, [email protected]; Financial Analyst Liz Ybarra, 713-4250, [email protected] ; Police Specialist Dexter Valencia, 713-4655, [email protected] Department Recommendation: Request authorization to award a purchase contract for fourteen (14) fully marked Police patrol units with National Auto Fleet Group located in Watsonville, CA in the amount of $1,281,193 for 2026 Dodge Durango’s and appropriate $14,130 from General Fund, $106,395 from Measure T and $122,675 for total appropriations of $243,200.

Summary:

The Department annually replaces vehicles as allocated in the budget and in accordance with the City’s vehicle replacement policy, which is 10 years and 110,000 miles before replacement is approved. The Police Department currently has thirteen (13) patrol vehicles budgeted for replacement in the Vehicle Replacement Fund and one (1) in Measure N. There are twelve (12) units that meet replacement requirements and two (2) units were approved for replacement by Council at mid-year. It should be noted that an additional $83,660 is being requested through an additional staff report to purchase the radios for these vehicles. This cost used to be included in the upfit of the vehicles; however, upfit vendors are no longer able to make the purchase due to Motorola security requirements.

Background Discussion:

Staff reached out to locate a Statewide contract that would be available to local agencies for new 2026 Dodge Durango’s. The Department was able to locate a national fleet contract with the Sourcewell Cooperative Purchase Program.

National Auto Fleet Group in Watsonville, CA is the authorized dealer for the master vehicle contract #091521-NAF. There is no local dealer that can provide the quantities of vehicles the Department requires. The Dodge Durango is now the Department’s vehicle of choice with 49 Durango’s in its Fleet.

Fiscal Impact: The City will use the Sourcewell Cooperative Purchase Program to purchase 14 vehicles. Contract #091521-NAF is available until November 8, 2026. The same Dodge Durango was purchased in FY 23/24; however, due to a price increase from $84,000 to $97,064, additional Visalia City Council Page 1 of 3 Printed on 11/14/2025
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File #: 25-0455 Agenda Date: 11/17/2025 Agenda #: 8.
purchased in FY 23/24; however, due to a price increase from $84,000 to $97,064, additional appropriations are required for FY 25/26. The additional funding for the Measure N purchase will be transferred from operations budget in division 1411 to the CIP VH0335 budget. The purchase price under the Sourcewell Cooperative Purchase program contract #120716-NAF for a fully marked Dodge Durango, including tax and freight, is noted on the tables below.

There is a separate staff report to award a sole source contract to Motorola for 14 in-car radios.

Table 1 - Cost of Black/White Unit
Cost Per Vehicle Cost of Upfitting
Per Vehicle
Motorola Radio Total Cost Per
Vehicle (including
taxes & freight)
$57,193.00 $33,895.00 $5,976.00 $97,064.00
Table 2 - K-9 Cost of Black/White Unit
Cost Per Vehicle Cost of Upfitting
Per Vehicle
Motorola Radio Total Cost Per
Vehicle (including
taxes & freight)
$57,193.00 $36,872.00 $5976.00 $100,041.00
The following CIP budgets require budget adjustment due to the increase in cost per vehicle.

Table 3 - Required Appropriations
Description QTY National Auto
Fleet
Includes
Upfit
Motorola
Radios **
Current
Budget
Additional
Funding
Required
CIP Fund Fund Name
Marked
Patrol
1 $91,089 $5,975.71 $97,065 $ - VH0335 141 Measure N
Marked
Patrol
3 $273,266 $17,927.13 $184,800 $(106,395) VH0333 503 Measure T Marked K-9 2 $188,130 $11,951.42 $197,800 $(2,284) VH0324 502 Replacement Marked
Patrol
6 $546,532 $35,854.26 $462,200 $(120,390) VH0323 502 Replacement Marked
Patrol
1 $91,089 $5975.71 $90,000 $(7,065) VH0345 001/502 Gen Fund/ Replacement
Marked
Patrol
1 $91,089 $5975.71 $90,000 $(7,065) VH0346 001/502 Gen Fund/ Replacement
Total 14 $1,281,193 $83,660 $1,121,665 $(243,199)
Total Order $1,364,853
** See Separate Staff Report
Prior Council Action: None
Visalia City Council Page 2 of 3 Printed on 11/14/2025
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File #: 25-0455 Agenda Date: 11/17/2025 Agenda #: 8.

Other: N/A
Alternatives: Do not award a contract to National Auto Fleet Group located in Watsonville, CA.

Recommended Motion (and Alternative Motions if expected):

Request authorization to award a purchase contract for fourteen (14) fully marked Police patrol units with National Auto Fleet Group located in Watsonville, CA in the amount of $1,281,193 for 2026 Dodge Durango’s and appropriate $14,130 from General Fund, $106,395 from Measure T and $122,675 from the Replacement Fund for total appropriations of $243,200.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments: National Auto Fleet Quotes
Visalia City Council Page 3 of 3 Printed on 11/14/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0498 Agenda Date: 11/17/2025 Agenda #: 9.

Agenda Item Wording:

Award a Contract for 14 In-Car Radios - Request authorization to award a sole source purchase contract for fourteen (14) Motorola in-car radios in the amount of $83,660 to be installed into 14 new patrol vehicles.

Prepared by: Chief Jason Salazar, 713-4215, [email protected]; Captain Dan Ford, 713- 4151, [email protected]; Financial Analyst Liz Ybarra, 713-4250, [email protected]; Police Specialist Dexter Valencia, 713- 4655, [email protected] Department Recommendation: Request authorization to award a sole source purchase contract for fourteen (14) Motorola APEX 6500 in-car radios in the amount of $83,660 to be installed into 14 new patrol vehicles.

Summary:

The Department annually replaces vehicles as allocated in the budget and in accordance with the City’s vehicle replacement policy, which is 10 years and 110,000 miles before replacement is approved. The Department is purchasing fourteen (14) Dodge Durango’s for FY 25/26 that require new in-car radios as part of the upfit of the vehicle. These radios were historically included in the upfit costs, but due to vendor requirements, the radios must now be purchased by the police department.

Background Discussion:

The Department is replacing patrol vehicles pursuant to purchasing policy. Historically, when purchasing and upfitting new patrol vehicles, the department has always put a new radio in the vehicle. The purchase of the radios was previously included in the upfit cost; however, Motorola changed their policy due to security concerns and will only sell directly to their customers. As a result of this, we now have to enter into a separate purchase contract for the radios. Motorola is the brand used for all police department radios, including the consoles used by the Communications Center, and the portable and vehicle radios used by the officers. Motorola requires direct orders from their company and is not authorizing any area vendors to sell their radios to police departments.

Fiscal Impact: The required appropriations from the General Fund, Measure T and Replacement Funds can be found on the associated report to award a contract from National Auto Fleet for the purchase of fourteen (14) Dodge Durango’s. The cost of the radios is included in the total cost of the order for $1,364,853. Staff requested new appropriations of $243,200 in a separate staff report.

Visalia City Council Page 1 of 2 Printed on 11/14/2025
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File #: 25-0498 Agenda Date: 11/17/2025 Agenda #: 9.

Table 1 - Cost of 14 Dodge Durango’s - Radios Included
Description QTY National Auto
Fleet
Includes
Upfit
Motorola
Radios **
Current
Budget
Additional
Funding
Required
CIP Fund Fund Name
Marked
Patrol
1 $91,089 $5,975.71 $97,065 $ - VH0335 141 Measure N
Marked
Patrol
3 $273,266 $17,927.13 $184,800 $(106,395) VH0333 503 Measure T Marked K-9 2 $188,130 $11,951.42 $197,800 $(2,284) VH0324 502 Replacement Marked
Patrol
6 $546,532 $35,854.26 $462,200 $(120,390) VH0323 502 Replacement Marked
Patrol
1 $91,089 $5,975.71 $90,000 $(7,065) VH0345 001/502 Gen Fund/ Replacement
Marked
Patrol
1 $91,089 $5,975.71 $90,000 $(7,065) VH0346 001/502 Gen Fund/ Replacement
Total 14 $1,281,193 $83,660 $1,121,665 $(243,199)
Total Order $1,364,853
Prior Council Action: None
Other: N/A
Alternatives: Do not award a contract to Motorola
Recommended Motion (and Alternative Motions if expected):

Request authorization to award a sole source purchase contract for fourteen (14) Motorola APEX6500 in-car radios in the amount of $83,660 to be installed into 14 new patrol vehicles.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments: Motorola Quote
Visalia City Council Page 2 of 2 Printed on 11/14/2025
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QUOTE-3162092

VISALIA POLICE DEPARTMENT
(14) APX 6500 Single Radio dual head
07/30/2025
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved. 121 07/30/2025

VISALIA POLICE DEPARTMENT
303 S JOHNSON ST
VISALIA, CA 93291
RE: Motorola Quote for (14) APX 6500 Single Radio dual head Dear Dexter  Valencia,
Motorola Solutions is pleased to present VISALIA POLICE DEPARTMENT with this quote for quality communications equipment and services.  The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide VISALIA POLICE DEPARTMENT with the best products and services available in the communications industry. Please direct any questions to Jeffrey Wade at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,
Jeffrey Wade
QUOTE-3162092
122
Billing Address:

VISALIA POLICE DEPARTMENT
303 S JOHNSON ST
VISALIA, CA 93291
US
Quote Date:07/30/2025
Expiration Date:09/28/2025
Quote Created By:

Jeffrey Wade
Jeffrey.Wade@
motorolasolutions.com
5106602945
End Customer:

VISALIA POLICE DEPARTMENT
Dexter  Valencia
[email protected]
559-713-4655
Contract:  36273 - SOURCEWELL 042021-
MOT
Line # Item Number APC Description Qty List Price Sale Price Ext. Sale Price APX™ 6500 / Enh Series ENHANCEDAPX6500
1 M25QSS9PW1BN 0527 APX6500 ENHANCED UHF R1
MOBILE
14 $3,764.00 $2,747.72 $38,468.08
1a G48BD 0527 SOFTWARE LICENSE ENH:

CONVENTIONAL OPERATION
APX6500
14 $589.00 $429.97 $6,019.58
1b G67DT 0527 ADD: REMOTE MOUNT E5
APXM
14 $350.00 $255.50 $3,577.00
1c G78AT 0185 ENH: 3 YEAR ESSENTIAL SVC 14 $288.00 $288.00 $4,032.00 1d GA01606AA 0527 ADD: NO BLUETOOTH/

WIFI/GPS ANTENNA NEEDED
14 $0.00 $0.00 $0.00
1e B18CR 0527 ADD: AUXILIARY SPKR 7.5

WATT APX
14 $71.00 $51.83 $725.62
1f G843AH 0527 ADD: AES ENCRYPTION AND
ADP
14 $560.00 $408.80 $5,723.20
1g G89AC 0527 ADD: NO RF ANTENNA
NEEDED
14 $0.00 $0.00 $0.00
1h G444AH 0527 ADD: APX CONTROL HEAD

SOFTWARE
14 $0.00 $0.00 $0.00
1i G806BL 0527 SOFTWARE LICENSE ENH:

ASTRO DIGITAL CAI OP APX
14 $607.00 $443.11 $6,203.54
QUOTE-3162092
(14) APX 6500 Single Radio dual
head
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Line # Item Number APC Description Qty List Price Sale Price Ext. Sale Price 1j GA01670AA 0527 ADD: APX E5 CONTROL HEAD 14 $767.00 $559.91 $7,838.74 1k W22BA 0527 ADD: STD PALM

MICROPHONE APX
14 $85.00 $62.05 $868.70
1l QA09113AB 0527 ADD: BASELINE RELEASE SW 14 $0.00 $0.00 $0.00 1m W969BG 0527 SOFTWARE LICENSE ENH:

MULTIKEY OPERATION
14 $388.00 $283.24 $3,965.36
Subtotal $77,421.82
Estimated Tax  $6,238.13
Grand Total $83,659.95(USD)
Notes:

QUOTE-3162092
(14) APX 6500 Single Radio dual
head
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0476 Agenda Date: 11/17/2025 Agenda #: 10.

Agenda Item Wording:

Authorization to Adopt Resolution No. 2025-75 Accepting Grant Subawards to Replace Bomb Squad Vehicle- Adoption of Resolution No. 2025-75 accepting a grant subaward in the amount of $271,512 from the Tulare County Office of Emergency Services for fiscal year 2024 State Homeland Security Grant Program and a grant subaward from Kings County Office of Emergency Services in the amount of $160,159 and appropriate a total of $431,671 for phase one of the project to replace the Central Valley Regional Bomb Squad Vehicle.

Prepared by: Chief Jason Salazar, 713-4215, [email protected]; Captain Andrew Swarthout, 713-4035, [email protected]; Lieutenant Clay Moffett, 713-4408, [email protected]; Financial Analyst Liz Ybarra, 713-4250, [email protected]; Department Recommendation: Approve Resolution 2025-75, authorizing the Visalia Chief of Police to accept a grant subaward in the amount of $271,512 from the Tulare County Office of Emergency Services for FY 2024 State Homeland Security Grant Program (SHSGP) and a grant subaward from Kings County Office of Emergency Services for SHSGP in the amount of $160,159 and appropriate a total of $431,671 for phase one of the project to replace the Central Valley Regional Bomb Squad Vehicle. The grant is effective from 9/1/2024 to 5/31/2027.

Summary:

The Central Valley Regional Bomb Squad is currently supervised by the Visalia Police Department, who is the owner of the current bomb response vehicle. The bomb response vehicle is at the end of its service life.

The construction of a new bomb response vehicle requires unique specifications to address the needs of the bomb squad. This vehicle is responsible for storing all tools and equipment needed to render hazardous devices safely. The bomb response vehicle utilizes a generator to power many of the specialized tools, an x-ray machine to inspect suspected dangerous devices, and a large working space to allow the members of the squad the ability to plan. Additionally, this vehicle needs to be dependable and respond to any of the unique and demanding environments in Tulare and Kings County.

Phase One of the project consists of the purchase of the vehicle and basic infrastructure not to exceed the funding amount from FY 2024 of $431,671.

Phase Two of the project will consist of upfitting the bomb response vehicle which includes all interior components such as specialized cabinetry to store hazardous devices, commercial explosives magazine, and a remote tool operations console. Phase two will be in the amount of $162,329 and the funding will be from FY 2025 allotment. The Visalia Police Department has been tentatively awarded a combined $162,329 by Tulare and Kings County Office of Emergency Services as a subrecipient for phase two FY 2025 State Homeland Security Grant Program. Once this allotment is available, staff will return to Council to apply and appropriate this funding. The total cost of this Visalia City Council Page 1 of 3 Printed on 11/14/2025
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File #: 25-0476 Agenda Date: 11/17/2025 Agenda #: 10.
available, staff will return to Council to apply and appropriate this funding. The total cost of this vehicle is estimated to be $594,000.

Once completed, this vehicle will replace the current bomb response vehicle. This type of purchase meets the requirements of the State Homeland Security Grant Program’s focus areas and serves as a truly regional project.

Background Discussion:

The Visalia Police Department is part of the Central Valley Regional Bomb Squad that consists of bomb technicians from the Visalia Police Department, Tulare County Sheriff’s Office, and Kings County Sheriff’s Office. The bomb technicians are responsible for rendering all hazardous devices in Tulare and Kings County safe. This very sensitive mission is accomplished with many specialized tools and equipment. One of the most important pieces of equipment is the bomb response vehicle.

The current bomb response vehicle is a 1993 GMC Topkick commercial truck with a utility box. It is a two-wheel drive CAT diesel powered recreational vehicle with a two-person front cab and has over 100,000 miles driven on it. The vehicle includes a large camper type enclosure on the rear with storage cabinets, a small desk, two bucket seats, and an on-board gas-powered generator. This vehicle is used to haul specialized equipment, and personnel needed to render hazardous devices safely, to include pulling a 10,000lb bomb disposal trailer. Though the vehicle has worked well for many years, it is showing significant indicators of use. Due to its age and mileage, the Top Kick is regularly serviced by the City of Visalia Fleet Division.

Fiscal Impact: Establish a CIP account in the amount of $431,671 for the purchase of the vehicle for phase one. There is no cost sharing or match requirement, and grant funds must be used to supplement existing funds, not replace (supplant) funds that have been appropriated. Staff will announce a public bid for the purchase and will return to Council to award the contract for phase one.

In addition, staff will return to Council two more times for the FY 2025 Grant award and to award the contract for phase two for the upfit of the vehicle. The cost cannot exceed a total of $594,000 for this project. The performance period for FY 2024 Grant is effective from 9/1/2024 to 5/31/2027. An agreement with Tulare County is required for this subaward and is attached with this report.

On December 2023, the Police Department submitted the Grant application.

On May 8, 2025, The Visalia Police Department was awarded the $271,512 by the Tulare County Office of Emergency Services as a subrecipient through the FY 2024 State Homeland Security Grant Program.

On October 1, 2025, the Visalia Police Department was awarded $160,159 by the Kings County Office of Emergency Services as a subrecipient through the FY 2024 State Homeland Security Grant Program.

Prior Council Action: On December 4, 2023, Visalia City Council approved the Visalia Police Department to apply for the FY 2024 State Homeland Security Grant Program in Tulare and Kings County to fund the purchase of a new bomb response vehicle.

Visalia City Council Page 2 of 3 Printed on 11/14/2025
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File #: 25-0476 Agenda Date: 11/17/2025 Agenda #: 10.

Other: N/A
Alternatives: Not to accept the grant or purchase of the Central Valley Regional Bomb Squad Vehicle.

Recommended Motion (and Alternative Motions if expected):

Approve Resolution 2025-75, a resolution authorizing the Visalia Chief of Police to accept a grant subaward in the amount of $271,512 from the Tulare County Office of Emergency Services for FY 2024 State Homeland Security Grant Program and a grant subaward from Kings County Office of Emergency Services in the amount of $169,159 and appropriate a total of $431,671 for phase 1 of the project to replace the Central Valley Regional Bomb Squad Vehicle.

Environmental Assessment Status: N/A
CEQA Review: Action is not subject to CEQA pursuant to CEQA Guidelines section 15601(b)(3), no possibility the action will have significant impact on the environment.

Deadline for Action: 11/17/2025
Attachments: Resolution 2025-75, FY 2024 Grant Agreement state homeland Security Grant Program Award Letters, and Tulare County and Subaward Agreement.

Visalia City Council Page 3 of 3 Printed on 11/14/2025
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RESOLUTION NO. 2025-75

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA

AUTHORIZING THE VISALIA POLICE DEPARTMENT TO ACCEPT SUBAWARD OF 2024 STATE HOMELAND SECURITY GRANT PROGRAM
WHEREAS, The City of Visalia desires to accept part 1 Subaward #2024-0088 CAL OES ID #107-00000 for the FY 2024 State Homeland Security Grant Program (SHSGP) from the Tulare County Office of Emergency Services in the amount of $271,512 and a Subaward from Kings County Office OF Emergency Services in the amount of $160,159. The Visalia Police Department will utilize the funds to replace the Central Valley Regional Bomb Squad Vehicle.

WHEREAS, Tulare County Office of Emergency Services was awarded the FY2024 SHSGP grant funding and determined to allocate some of the funding to support SUBRECIPIENT’S eligible programs;
WHEREAS, the City Council of the City of Visalia authorized the Visalia Police Department to apply for FY2024 SHSGP Program on December 4, 2023, as a Subrecipient and the City of Visalia has the institutional, managerial, and financial capability, including sufficient funds to pay the non-federal share of the project cost, if any, to ensure proper planning, management and completion of the grant project; WHEREAS, the Visalia Police Department received a notification of a Subrecipient Award from Tulare & Kings County’s Office of Emergency Services for a total of $431,671;
WHEREAS, the Grant performance period is September 1, 2024 to May 31, 2027; WHEREAS, the purchase of the Bomb Squad Vehicle will not exceed $594,000 and this project is identified by Tulare County Office of Emergency Services as Project 002 Bomb Response Vehicle Part 1;
WHEREAS, the Visalia Police Department expects part 2 of the project to be funded from the FY 2025 Grant Subaward from Tulare and Kings County Office of Emergency Services in the amount of $162,329;
WHEREAS, that grant funds received hereunder shall not be used to supplant expenditures controlled by this body;
WHEREAS, there are no cost sharing or match requirements for the FY2024 SHSGP Program, however as the Subrecipient if matching funds are required then City will provide them, and cash match will be appropriated as required.

WHEREAS, any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the Subrecipient, the authorizing agencies and the State of California disclaims responsibility for any such liability. 128
NOW, THEREFORE, BE IT RESOLVED that the Visalia City Council has reviewed and hereby accepts the Subaward Agreement Regarding FY 2024 State Homeland Security Grant Programs Funding for Equipment, Planning, Administration, Training and Exercises for part 1 Subaward #2024-0088 CAL OES ID #107-00000, referred to herein as “Subaward Agreement”
BE IT FURTHER RESOLVED, that the Chief of Police for the City of Visalia is authorized to execute on behalf of the Council of the City of Visalia the Subaward Agreement, including any extensions or amendments thereof and any subsequent contract with the State in relation to these grant funds.

BE IT FURTHER RESOLVED, the Visalia Police Department hereby agrees to review, adhere to, and comply with all County, State and Federal Grant award requirements.

PASSED AND ADOPTED: November 17, 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 2025-75 passed and adopted by the Council of the City of Visalia at a regular meeting held on November 17, 2025.

Dated: 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 #: 25-0478 Agenda Date: 11/17/2025 Agenda #: 11.

Agenda Item Wording:

Award the Purchase and Installation of Cellular Radios - Authorize the City Manager to award the sole source purchase and installation of 13 cellular radios at the City’s sanitary sewer lift stations in the amount of $112,278 to Telstar Instruments and the transfer of funds within the Wastewater Fund.

Prepared by:

Ben Litwack, Public Works Manager, 559-713-4671, [email protected] Nick Bartsch, Public Works Director, 559-713-4052, [email protected] Department Recommendation: Staff recommends that the City Council authorize the City Manager to award a sole source purchase order in the amount of $112,278 to Telstar Instruments for the installation of 13 cellular radios at the City’s sanitary sewer lift stations and the transfer of funds within the Wastewater Fund (431).

Summary:

The City’s sanitary sewer lift stations currently utilize traditional radio communications to relay operational data to the Supervisory Control and Data Acquisition (SCADA) system. These radios have become increasingly unreliable, resulting in frequent communication failures and unnecessary alarm callouts to staff. Telstar Instruments has proposed the installation of cellular radios at all 13 lift stations for a total cost of $112,278. This upgrade will replace the existing radio system with a modern, more reliable cellular communication network and represents significant cost savings compared to the previously planned fiber optic installation project.

Background Discussion:

The City’s sanitary sewer lift stations play a critical role in conveying wastewater to the Water Reclamation Facility. Reliable communication between these lift stations and the SCADA system is essential for continuous monitoring, control, and regulatory compliance. The existing radio-based communication network has become increasingly prone to interference, signal loss, and environmental degradation, leading to frequent communication failures, false alarms, and unnecessary callouts to on-call operators.

Initially, staff evaluated a Capital Improvement Project (CIP) that would extend fiber optic communications to two of the City’s lift stations at an estimated cost of approximately $400,000.

During the planning process, staff identified cellular communication as a more cost-effective, reliable, and scalable alternative. While the cellular radios will incur an ongoing monthly service fee, the cost savings in equipment and installation when compared to fiber optic installation far exceed those ongoing costs, resulting in significant long-term savings to the City.

Telstar Instruments, the City’s long-standing SCADA system integrator and control systems contractor, provided a proposal to equip all 13 sanitary sewer lift stations with cellular radios for a Visalia City Council Page 1 of 2 Printed on 11/14/2025
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File #: 25-0478 Agenda Date: 11/17/2025 Agenda #: 11.
total cost of $112,278. The proposed cellular radios utilize secure private network technology approved by the City’s Information Services Department, ensuring data transmission remains insulated from internet exposure. Staff recommends using Telstar Instruments due to their established role as the City’s system integrator for the collections system and Water Reclamation Facility. The proposed cellular radio installation requires integration with the City’s proprietary SCADA system architecture, including Wonderware and Telstar-configured programmable logic controllers (PLCs). Because Telstar originally programmed and maintains the City’s lift station controls, only Telstar has the necessary technical expertise and proprietary programming access to modify the existing control logic and ensure compatibility with the new cellular radios. Engaging a third party would risk system conflicts, warranty issues, and communication failures that could impact regulatory operations.

Based on these considerations, staff determined that Telstar Instruments is uniquely qualified to perform this scope of work, and that competitive bidding would not produce a comparable or compatible result.

Fiscal Impact: The cost of the equipment, installation, and sales tax is $112,278. A transfer of funds from the Wastewater Fund (431) within the Capital Budget project CP0664 is required to cover the cost of the purchase. CP0664 is for fiber installation and will no longer include the liftstations.

Prior Council Action: N/A
Other: N/A
Alternatives: Proceed with the currently budgeted fiber optic projects at a significantly higher cost and longer timeline for implementation.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to award a sole source purchase order in the amount of $112,278 to Telstar Instruments for the installation of 13 cellular radios at the City’s sanitary sewer lift stations and the transfer of funds within the Wastewater Fund (431) to cover the cost of the purchase.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments:

Telstar Proposal
Levine Act
Agreement
Visalia City Council Page 2 of 2 Printed on 11/14/2025
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Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

October 23, 2025
Visalia Collections
7579 Avenue 288
Sent via Email: [email protected]
Attn: Rick Paredez
Subject: Visalia Collections Radio Upgrade
Reference: 20-45000
Drawings: N/A
Specifications: N/A
Dear Rick,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”).

By accepting this proposal from Telstar, you agree to treat this as confidential information.

SCOPE OF SUPPLY / SERVICES:

1. Telstar will provide, configure, and install fourteen (14) new GE Orbit Cellular Radios to replace existing serial radios.
a. One (1) new master radio at Wastewater Plant.
b. Thirteen (13) lift station radios.

Note: SIM cards to be provided by the City of Visalia.

2. Telstar will provide, install, and configure nine (9) new 5069 CompactLogix PLC’s and nine (9) new 1769 Ethernet Communication modules to upgrade the stations with obsolete hardware. a. Note: this is necessary as nine of the thirteen Lift Stations processors do not support ethernet communication. The use of serial-to-ethernet converters is strongly discouraged with cellular radios.

3. Telstar will modify existing Lift Station PLC programming to utilize new hardware where required.

4. Telstar will update the SCADA system with direct communication to lift stations removing the need of a Master PLC.
148
Contractor License #422364
Contractor DIR #1000000899

5. Telstar will provide startup and testing of complete system.

Lump Sum Price for this Scope ............................................................................................ $112,278.00 Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to Industry Material Pricing and Delivery clause under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Please reference the above stated quote number in all correspondence and purchase orders. f. A fee of 2% will be applied to all invoices paid by credit card.

TERMS AND CONDITIONS
Base Terms: The attached Quotation is valid for 30 days from the date of Telstar Instruments’ (“Telstar”) quotation.

Acceptance of Telstar’s Quotation constitutes a binding Agreement incorporating these Terms and Conditions (”Agreement”). Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party.

The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar. Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote.

Overtime and premium labor hours are not included in the quotation, and will result in an additional charge. Service calls are charged at a 4-hour minimum per person, excluding travel time, which is charged separately. Unless expressly stated in the Quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work. The term “Equipment” and “Services” as used in these Terms and Conditions refers to the materials and labor provided by Telstar under this Agreement.

Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or Services, downtime costs, delays, or claims of customers of Customer, their officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim, whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any Equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the 149
Contractor License #422364
Contractor DIR #1000000899

Equipment or Services that are the subject of the claim. (b) All causes of action against Telstar arising out of or relating to this Agreement, or the performance or breach hereof shall be deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, pandemic, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Agreement, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Agreement constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Agreement may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Customer must promptly inform Telstar when a project will be registered on the Department of Industrial Relations. Customer must inform Telstar if Certified Payroll Reports are required to be submitted to Customer. If Customer requests Certified Payroll Reports beyond four weeks in arrears, Customer may be charged an administrative processing fee of $50.00 per week generated for said reports.

Authorized Signers: Only the following officers of Telstar have the legal authority to enter into binding agreements on behalf of Telstar: John D. Gardiner (President), Kyle A. Johnsen (Vice President), Robert S. Marston (Secretary), Benjamin R. Herston (Treasurer). If a document is signed by an unauthorized person, the document will be void and unenforceable.

Industry Material Pricing and Delivery: Telstar is unable to hold prices on materials for more than 7 days from the dates of the Quotation. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers can experience delays due to labor shortages, shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Material price fluctuations due to tariffs are not included in the quotation and may not be known until time of material shipment. Additional material costs associated with tariffs will be paid by the customer. Telstar reserves the right to change the delivery date and pricing of materials set forth in this Quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

Insurance: Telstar’s standard insurance limits will apply.

Open Shop: Telstar is an Open Shop contractor and will not be signatory to any unions.

Governing Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
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Contractor License #422364
Contractor DIR #1000000899

Waiver: The failure of Telstar to insist upon the performance of any term or condition of this Agreement shall not be construed as a waiver of the future performance of any such term or condition or the future exercise of such right.

Severability: If any term of this Agreement is determined to be invalid or unenforceable under any applicable statute, regulation, ordinance, or other law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with such law, and the remaining portions of this Purchase Order shall remain in full force and effect.

Dispute Resolution: In the event of any dispute arising from or relating to this Agreement, the parties agree to engage in informal efforts toward resolution by meeting in person. If such efforts are unsuccessful, the parties agree to submit the dispute to mediation with a neutral mediator for resolution, with the parties sharing the costs of such mediation equally. If the parties are unsuccessful in resolving their dispute, then the dispute shall be subject to litigation. If the dispute involves a public entity Owner, then the parties shall comply with the requirements of Public Contract Code section 9204.

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,
Konor Meeks
Hanford Branch Manager
Telstar Instruments
559.584.7116
[email protected]
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CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the “Levine Act,” can prohibit members of the City Council of the City of Visalia from participating in any action related to a contract if he or she receives any political contributions totaling more than $250 within the previous twelve (12) months, and for twelve (12) months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution(s) by a party to be awarded a specific contract.

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award.

If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. ________________________________________________ __________ Signature of Authorized Individual Date
_________________________________________________
Printed or Typed Name of Authorized Individual
_________________________________________________
Print or Type Name of Company
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Installation of Cellular Radios in the City of Visalia’s Sanitary Sewer Lift Stations
(Wastewater Collection Division)
This Project 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 Telstar Instruments, Inc. hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is a Corporation with a primary business address of 202 S. Douty Street, Hanford, CA 93290 and SSN or EIN: 94-2785168; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires completion of the Installation of Cellular Radios in the City of Visalia’s Sanitary Sewer Lift Stations, (the “Project”); which was approved by the Visalia City Council on November 17, 2025, and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete this Public Works Project pursuant to terms and conditions of this Agreement; and WHEREAS, CONTRACTOR agrees to abide by the requirements of the City of Visalia Labor Compliance Manual, the State of California Department of Industrial Relations requirements and California Labor Codes and City of Visalia Change Order Committee review process; and WHEREAS, Contractor acknowledges this is a public works project and work performed under this contract is subject to payment of State Prevailing wages, project registration with the Department of Industrial Relations and monitoring by the Labor Commissioner; and WHEREAS, Contractor agrees to obtain and maintain the minimum insurance coverage outlined Exhibit Attachment 2 of this Agreement and shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project; and WHEREAS, Contractor agrees to supply to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, each in the amount of 100% of the contract prior to City issuing a Purchase Order for project. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this 153
Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 Contractor’s Proposal
Attachment 4 City of Visalia Labor Compliance Manual

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as identified in Attachment 3, (Scope of Work) for the stated price in Attachment 3, on or before any stated completion dates.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Register Project with Department of Industrial
Relations
Prior to Issuance of City Purchase Order
Pay Contractor as work is completed and invoiced Within 30 days of receipt of approved invoice, less 5% retention until 35 days
after work is completed and accepted by
CITY as evidenced by the recordation of
a Notice of Completion.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

Total Compensation: $ Not to Exceed $112,278.00
Payment Schedule: Within 30 days from receipt of approved invoice for completed work, less 5% retention as described above.
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IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

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

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager
Dated: ____________________ By:______________________________________________________ City Attorney
Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
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Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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

CITY OF VISALIA Telstar Instruments, Inc.
707 W. Acequia Ave. ___________________________
Visalia, CA 93291 ___________________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

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

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

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 156

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

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

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

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

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

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

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

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

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
157
K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

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

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.
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Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
159
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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Contractor shall complete the following form and submit with final payment request.

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

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

Installation of Cellular Radios in the City of Visalia’s Sanitary Sewer Lift Stations

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

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

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
161
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0485 Agenda Date: 11/17/2025 Agenda #: 12.

Agenda Item Wording:

Award East Side Regional Park Basin D Construction Project - Authorize the City Manager to award the construction contract to Avison Construction for the East Side Regional Park Recharge Basin D Project in the amount of $2,608,150; approve Change Order Number One for a scope change in the reduction amount of ($89,800); and appropriate an additional $831,530 from the funds identified in this report.

Prepared by:

Rebecca Keenan, Senior Civil Engineer, 713-4541; [email protected] Christopher Crawford, City Engineer, 713-4331; [email protected] Jason Huckleberry, Eng & Bldg. Director, 713-4495; [email protected] Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award the construction contract to Avison Construction, Inc., for the East Side Regional Park Recharge Basin D Project in the amount of $2,608,150; approve Change Order Number One for a scope change in the reduction amount of ($89,800); and appropriate an additional $831,530 from the funds identified in this report.

Summary:

The City obtained a $1.9 million Green Infrastructure Grant for the construction of Basin D at the East Side Regional Park (ESRP). The project is designed to construct Recharge Basin D, pipes, structures, dry wells, trails, a small parking lot, a half street entrance, and a picnic arbor. However, staff is recommending that the Council authorize staff to defer the construction of the picnic arbor until a later construction project because it will not be easily monitored until more park/basin development occurs in that area. Approval of Change Order No. 1 will remove the bid items related to the picnic arbor. Construction of Basin D will go towards the goal of completing the seven (7) groundwater recharge basins master planned to be located at this site.

On October 8, 2025, the City Purchasing Division received and opened five (5) bid packages for this project. JT2 Inc. Todd Companies submitted the apparent low bid of $2,033,750.00, which is the total of the Base Bid + Alternate Bid “A”. However, as requested by JT2, this bid was withdrawn from consideration due to a mistake/clerical error. Avison was the second low bidder, based on their total bid of $2,619,150 for the Base Bid + Alternate Bid “A”. After reviewing their bid package, staff determined that they are the successful low bidder.

At this time, staff recommends that the City Council award the Base Bid only to Avison Construction, Inc. in the amount of $2,608,150, approve reductive Change Order No. 1; and to appropriate $831,530 as further described in this report. The work related to Alternate Bid “A” will be performed by the Sequoia Community Corps (CSET), as explained further in this report.

Background Discussion:

This project is part of the master planned East Side Regional park (ESRP) which consists of Visalia City Council Page 1 of 5 Printed on 11/14/2025
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File #: 25-0485 Agenda Date: 11/17/2025 Agenda #: 12.

This project is part of the master planned East Side Regional park (ESRP) which consists of approximately 286 acres, including 40 acres of planned street & infrastructure improvements; approximately 148 acres of active recreational park uses; and approximately 100 acres of dedicated groundwater recharge elements. The basins are planned to receive allotted water deliveries to help replenish the area’s groundwater. Basin D will be the second groundwater recharge basin to be constructed at the site. This current project will construct approximately 6.5 acres of open space including the basin, approximately 3 acres of landscaping and vegetated swales, approximately 0.3 mile of trail, and two dry well recharge systems. The project will also provide public access from the west side of Road 152, along a new paved half-street and paved parking lot.

In 2021, the City was awarded a Proposition 68 Green Infrastructure Program Grant in the amount of $1,907,244. On September 11, 2025, the City of Visalia issued (Request for Bids) RFB 25-26-05 to obtain construction bids for the Basin D Project. The project, as shown in the solicitation included a Base Bid and one (1) Alternate Bid. The following explains the process involved with the Avison contract, including the bid solicitation scope of work, establishment of the low bidder, bid cost analysis, and the recommended construction award.

1. Bid solicitation scope of work: The solicitation for this project included a Base Bid and an Alternate Bid “A”. The Base Bid includes all the work related to construction of the basin, access road, trails, parking lot, and landscape & irrigation. Alternate Bid “A” includes installation of mulch in various landscape areas. This alternate was included as a back-up in case the local community corps (CSET) was unable to provide the service. This grant includes a requirement to use labor provided in part by either the California Conservation Corps (CCC) and/or California Association of Local Conservation Corps (CALCC). Staff coordinated with the Sequoia Community Corps (CSET), which is affiliated with the CALCC and they have confirmed that they will provide the installation of the mulch, which will meet the grant requirement. For that reason, the Alternate Bid “A” will not be awarded to the contractor.

2. Establishment of Low Bidder: As allowed by the California Contract Code, Section 20103.8, this bid solicitation specified that the method to be used to determine the apparent low bidder would be based on the “LOWEST TOTAL OF THE BASE BID + ALTERNATE BID “A” AMOUNT. For this project, JT2 Inc. Todd Companies submitted the apparent low bid of $2,033,750.00, which is the total of the Base Bid + Alternate Bid “A”. However, after the bid opening, JT2 submitted a request to withdraw their bid due to a clerical error. Staff reviewed their bid package and found that the request was within the guidelines of Public Contract Code Section 5103 which allows for withdrawing a bid within 5 days of the bid opening. Based on this, staff accepted the request and the JT2 bid was withdrawn from further consideration.

Avison Construction was the second low bidder based on their total bid of $2,619,150 for the Base Bid + Alternate Bid “A”. After reviewing their bid package, staff determined that they are the successful low bidder.

TABLE 1
No. Contractor Location Total Sum Bid

1. JT2 Inc. Todd Companies (Withdrawn) Visalia, CA $2,033,750.00

2. Avison Construction Inc. Madera, CA $2,619,150.00

3. Cal Valley Construction Fresno, CA $2,869,862.20

4. American Paving Co. Fresno, CA $3,098,743.50

5. Eclipse Construction Services Inc. Bakersfield, CA $3,559,444.00 Visalia City Council Page 2 of 5 Printed on 11/14/2025 powered by Legistar™163
File #: 25-0485 Agenda Date: 11/17/2025 Agenda #: 12.

No. Contractor Location Total Sum Bid

1. JT2 Inc. Todd Companies (Withdrawn) Visalia, CA $2,033,750.00

2. Avison Construction Inc. Madera, CA $2,619,150.00

3. Cal Valley Construction Fresno, CA $2,869,862.20

4. American Paving Co. Fresno, CA $3,098,743.50

5. Eclipse Construction Services Inc. Bakersfield, CA $3,559,444.00 The Bid Package for Avison Construction was reviewed and found to be in compliance with the City’s requirements. Staff also contacted Avison’s listed references at the County of Tulare, City of Clovis, and the City of Fresno. All three agencies expressed satisfaction with the contractor’s past performance and recommended them. They reported that the contractor did a good job and completed the work in accordance with the project plans and specifications.

Avison previously worked on the City of Visalia’s Visalia Parkway Widening at Mooney Boulevard project in 2024. City staff reports that the contractor performed well on that project.

They are also currently working on the Caldwell Widening Santa Fe to Lovers Lane and the Shirk Capacity Enhancement projects in Visalia. Based on the reviews and previous experience with City projects, Avison Construction is the Low Bidder for the project.

3. Bid Cost Analysis: The lowest responsive bid from Avison Construction Inc. is $2,619,150 or 4% below the Engineer’s Estimate. The engineer’s estimate and the submitted bids (excluding JT2 Inc.) can be seen in the following table:

TABLE 2
Bid Items Engineer’s
Estimate
Avison Cal Valley American
Paving
Eclipse
Base Bid $2,694,279.08 $2,608,150.00 $2,855,862.20 $3,084,743.50 $3,531,444.00 Alternate Bid “A” $32,600.00 $11,000.00 $14,000.00 $14,000.00 $28,000.00 TOTAL Base Bid +
Alternate Bid “A”
$2,726,879.08 $2,619,150.00 $2,869,862.20 $3,098,743.50 $3,559,444.00

4. As allowed by the code section, the local agency may add or deduct from the contract any of the additive or deductive items after the lowest responsible bidder has been determined.

Therefore, based on review of the bid package, staff recommends award of the Base Bid only to Avison Construction. The work included in Alternate Bid “A” will be performed by CSET. The total contract award to Avison Construction is $2,608,150.

Fiscal Impact:

Following is the updated Budget Estimate for this project, including award of the Base Bid to Avison Construction. There are currently insufficient funds in the project budget for the award of the Basin D project (CP0396), so staff requests the indicated appropriation from the funds shown below.

TABLE 3
Budget Estimate
Design Estimated Cost
Environmental, Permitting, Legal $31,298
Project Management, drafting, etc. (City Staff) $73,518 Urban Tree Foundation $9,456
CWE Design Consultant $275,266
Design Subtotal $389,538
Construction
Construction Base Bid (This Award to Avison) $2,608,150 Change Order No. 1 - Delete Bid Items Related to Picnic Arbor -$89,800 Visalia City Council Page 3 of 5 Printed on 11/14/2025
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File #: 25-0485 Agenda Date: 11/17/2025 Agenda #: 12.

Environmental, Permitting, Legal $31,298
Project Management, drafting, etc. (City Staff) $73,518 Urban Tree Foundation $9,456
CWE Design Consultant $275,266
Design Subtotal $389,538
Construction
Construction Base Bid (This Award to Avison) $2,608,150 Change Order No. 1 - Delete Bid Items Related to Picnic Arbor -$89,800 Construction Contingency (10%) $251,835
CSET (mulch installation) $32,420
CSET Contingency (10%) $3,242
Construction Management (City Staff) $73,423
Staking, Drafting, and Inspections (City Staff) $101,734 Materials Testing Services $38,031
Biological & Cultural Observations $35,000
Landscape Construction Management $19,350
Construction Subtotal $3,073,385
Community Access (grant requirement) $22,000
CP0396 New Budget $3,484,923
Authorization of the actions recommended in this staff report will require an additional appropriation of $831,530 from the funds identified below.

TABLE 4
Basin D CP0396 Funding % Amount
Needed
Current
Budget
Additional
Appropriation
Needed
Additional
Appropriation
This Request
(Rounded)
Match Funding: 45%
132 Measure R Trails 3% $42,237 $28,010 $14,227 $14,230 211 Rec Facilities Park
Impact Fund
33% $524,675 $39,630 $485,045 $485,050
224 Groundwater
Recharge Fund
63% $989,670 $667,480 $322,190 $322,190
261 Waterways Capital
Fund
1% $21,097 $11,040 $10,057 $10,060
Total 100% $1,577,679 $746,160 $831,519 $831,530
State Prop 68 Green
Infrastructure Grant
55% $1,907,244 $1,907,244 $ - $ -
Totals 100% $3,484,923 $2,653,404 $831,519 $831,530
Total Appropriation
Requested
$831,519 $831,530
Visalia City Council Page 4 of 5 Printed on 11/14/2025
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File #: 25-0485 Agenda Date: 11/17/2025 Agenda #: 12.

State Prop 68 Green
Infrastructure Grant
55% $1,907,244 $1,907,244 $ $
Totals 100% $3,484,923 $2,653,404 $831,519 $831,530
Total Appropriation
Requested
$831,519 $831,530
It should be noted that the percent distributions shown in Table 4 have changed from the initial budget presented in 2022. As the project progressed through design several recreation and related facilities were incorporated into the design, such as a paved trail, paved parking lot, round benches, and trash receptacles. In addition, costs for mutually shared features, such as the paved access road, design, and construction management were proportionately applied, resulting in a redistribution of percentages among each applicable city fund, as shown in Table 4. The new percentages reflect the bid amounts received from Avison Construction.

Prior Council Action:

June 20, 2022: The City Council authorized the City Manager to award a sole-source professional design services contract to CWE for design of the East Side Regional Park’s (ESRP) Basin D for an amount not to exceed $275,265.18, and to approve an appropriation of $324,070 from the various funds outlined within the report. (3010-72000/CP0396-999).

April 4, 2020: The Council authorized the City Manager to accept and execute a grant for $1,907,244 from the Proposition 68 Green Infrastructure Program through the State of California Natural Resources Agency to construct a groundwater recharge basin with habitat improvements, create a new CIP, and appropriate associated funds.

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

I move to authorize the City Manager to award the construction contract to Avison Construction, Inc. for the East Side Regional Park Recharge Basin D Project in the amount of $2,608,150; approve Change Order No. 1 in the reduction amount of ($89,800): and to appropriate an additional $831,530 from the funds identified in this report.

CEQA Review: Initial Study and Mitigated Negative Declaration No. 2019-73 were prepared for the Green Infrastructure Grant.

Attachments:

1. Vicinity Map

2. Location Map

3. Site Master Plan B1

4. Avison Construction, Inc. Ownership Disclosure

5. Avison Construction, Inc. Contract
Visalia City Council Page 5 of 5 Printed on 11/14/2025
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RD 152
HWY 198 E NOBLE AVE

IVANHOE DR
AVE 296
RD 156

N MC AULIFF ST

E HOUSTON AVE
RD 146

N COMSTOCK ST

S MC AULIFF ST

E MINERAL KING AVE

E SUE AVE
AVE 309

E RACE AVE

E MURRAY AVE

E ST JOHNS PKWY

N ARROYO STE OAK AVE

E VISTA AVE

E CENTER AVE

S VISALIA PKWY E MEADOW AVE

E STAPP CT

E DOUGLAS AVE

S BELMONT DR E COLLEGE AVE N SOL ST

E STAPP AVE

E KAWEAH AVE

S RIO VISTA ST

E HAROLD AVE

N AMADOR ST

N SOL CT

E LAUREL AVE

E MAGNOLIA AVE S SOL ST E ACEQUIA AVE

E AUBURN DR

E WESTCOTT AVE

E VISTA DR

N RIVER RUN ST

N CITRUS ST N MADERA ST

E MYRTLE AVE

S GRAND ST

S LAGUNA ST N SUMTER ST

S ELVERTA ST

S SOL CT

E ELOWIN AVE

E TULARE AVE

E LAUREL CT
AVE 292

S ARROYO ST

E WILLOW AVE

S CASABLANCA ST

N AUBURN CTE SUNNYVIEW AVE

E OAKRIDGE AVE

E CYPRESS AVE

E CECIL CT

E VILLOY AVE

N GRAND CT

S CITRUS CT

E CENTER CT

E MC KINLEY AVE

N MADERA CT

N SUMTER CT S SUMTER CT

E SYCAMORE CT

E WILDWOOD CT

E ROOSEVELT CT

E ACEQUIA AVE

E MINERAL KING AVEN SOL ST

E RACE AVE

E COLLEGE AVE
RD 146

S GRAND ST
RD 152

N ARROYO ST

E KAWEAH AVE S LAGUNA ST

E OAK AVE

S ELVERTA ST

PACKWOOD

MILL CREEK

ST JOHN'S RIVER
TULARE IRRI. DIST.

EVANS

ST JOHN'S RIVER ST JOHN'S RIVER ST JOHN'S RIVER

LOCATION MAP
WITH PROPOSED FEATURES ±

OAKES DITCH
BASIN "E"
1:9,600

PARCELS

SCE TOWERS

SCE ELECTRICAL LINES

WATERWAYS

STREETS

CITY LIMITS
LEGEND

GREENWAY TRAIL

EXISTING BASIN

CURRENT CONSTRUCTION

FUTURE BASINS
CONSTRUCTION 2026
NOTES:
*
**
***
***
BASIN "D"
BASIN "F"
BASIN "G"
**
***
*

FUTURE ARTERIAL STREET
OAKES
BASIN
DITCH
****
FUTURE

ARTERIAL
STREET

APPROXIMATE LOCATION

OF FUTURE INTERCHANGE
RD 148
****

GREENWAY
TRAIL
BASIN "B" ***
BASIN "A" ***
BASIN "C" ***

FUTURE SPORTS FIELDS
167
RD 152

E MINERAL KING AVE
AVE 296

N ARROYO ST
HWY 198

E MURRAY AVE

E OAK AVE

E STAPP AVE

E VISTA AVE

E ACEQUIA AVE

E MINERAL KING AVE
HWY 198

PACKWOOD

MILL CREEK

LOCATION MAP
WITH PROPOSED FEATURES ±
BASIN "F"

OAKES DITCH
BASIN "G"
BASIN "E"
BASIN "D"
**
1:4,800

PARCELS

SCE TOWERS

SCE ELECTRICAL LINES

WATERWAYS

STREETS

CITY LIMITS
LEGEND
*

GREENWAY TRAIL
***

FUTURE ARTERIAL STREET
DITCH

EXISTING BASIN

CURRENT CONSTRUCTION

FUTURE BASINS
NOTES:
*
**
***

APPROXIMATE LOCATION

OF FUTURE INTERCHANGE
***
FUTURE
SPORTS
FIELDS
168
169
170
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 32
SECTION 4 CONTRACT

CONTRACT

CITY OF VISALIA

STATE OF CALIFORNIA
This Contract for the construction of the BASIN D AT THE EAST SIDE REGIONAL PARK Project, is made between the City of Visalia, (hereinafter “the City”), and Avison Construction, Inc., (hereinafter referred to as Contractor) both parties having authority to enter into this Contract do agree to the following:

ARTICLE I - For and in consideration of the payments hereinafter mentioned to be made by the City, and under the conditions expressed in this Contract and Contract Documents (as those terms are defined in City of Visalia Standard Specifications), including the bonds submitted with this Contract, Contractor agrees at his own cost and expense, to do all the work and furnish all the materials necessary to construct and complete in a good, workmanlike, and substantial manner the BASIN D AT THE EAST SIDE REGIONAL PARK Project, as a fully operational and functional facility for the intended purpose in accordance with the Contract Documents, and in accordance with the reference documents listed in the Contract Documents, which are also made a part hereof.

Said work to be done is shown upon the following plans:

RFB No.: 25-26-05
Project Name: BASIN D AT THE EAST SIDE REGIONAL PARK
CIP: 3010-72000/CP0396-999
which said plans are hereby made a part of this contract.

ARTICLE II - Contractor agrees to receive and accept the following prices as full compensation for furnishing all materials and for doing all the work described in this Contract; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City of Visalia and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Contract Documents, and requirements of the Engineer under them, to wit:
171
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 33
ITEM
NO.

DESCRIPTION OF WORK QNTY UNIT Unit Price Amount
1 Mobilization & Demobilization 1 LS $125,000.00 $125,000.00 2 Worker & Public Protection/OSHA DIR
Compliance of Underground Requirements
1 LS $35,000.00 $35,000.00
3 NPDES/Water Pollution Prevention
Compliance
1 LS $10,000.00 $10,000.00
4 Dust Control 1 LS $1,000.00 $1,000.00
5 Wildlife Preconstruction Surveys & Worker
Environmental Awareness Program (WEAP)
1 LS $4,000.00 $4,000.00
6 Traffic/Pedestrian Control System 1 LS $4,000.00 $4,000.00 7 Oak Tree Prune & Protection 1 LS $10,000.00 $10,000.00 8 Oak Tree Removal 6 EA $4,000.00 $24,000.00
9 Orchard Removal 8 AC $6,000.00 $45,000.00
10 Clearing & Grubbing 1 LS $106,000.00 $106,000.00
11 Earthwork (F) 19,653 CY $11.00 $216,183.00
12 Export Material (F) 14,963 CY $6.00 $89,778.00
13 Finish Grading (F) 1 LS $60,000.00 $60,000.00
14 Drywells 2 EA $90,000.00 $180,000.00
15 42-inch Manufacturer's Pipe Cap 2 EA $3,500.00 $7,000.00 16 Junction Structure with 42-inch Slide Gate 1 EA $180,000.00 $180,000.00 17 42-inch Storm Drain Pipe and Bedding 810 LF $380.00 $307,800.00 18 30-inch Storm Drain Pipe and Bedding 20 LF $480.00 $9,600.00 19 72-inch Manhole per COV Std. Plan D-3 2 EA $22,000.00 $44,000.00 20 Storm Drain Outlet & Inlet Protection 1 LS $7,000.00 $7,000.00 21 6-inch SDR-35 PVC Pipe 90 LF $100.00 $9,000.00
22 12-inch SDR-35 PVC Pipe 80 LF $125.00 $10,000.00
23 Drainage Inlet per COV Std. Plan D-12, D-14
with Grate per COV Std. Plan D-13
1 EA $14,000.00 $14,000.00
24 Local Depression 2 EA $1,000.00 $2,000.00
25 Outfall Structure per COV Std. Plan D-22.
23, 24 with Light class Rip Rap
2 EA $55,000.00 $110,000.00
26 Storm Drain connection Tie-in 3 EA $4,500.00 $13,500.00 27 4-inch Removable Metal Bollards 4 EA $2,000.00 $8,000.00 172
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 34
28 Structural Concrete Headwall, Wingwall per
Caltrans Std. Plan D86B With Frame,
Stoplogs, and Lifting Beam
1 LS $125,000.00 $125,000.00
29 Trail Construction-DGM (4-inch thick over
10" Compacted Sub-Grade
1,670 SY $36.00 $60,120.00
30 Hot Mix Asphalt Concrete Pavement (Type
A, 34" Agg) Parking Lot and Park Access
Road Construction
535 TON $145.00 $77,575.00
31 Hot Mix Asphalt Concrete Pavement (Type
A, 1/2” Agg) for Trail
344 TON $145.00 $49,880.00
32 Class 2 Aggregate Base 1,045 CY $130.00 $135,850.00
33 PCC Landscape Barrier Curb per COV std.

Plan C-8
660 LF $35.00 $23,100.00
34 PCC Curb and Gutter Type 2/A-6 per COV
Std. Plan C-4
650 LF $60.00 $39,000.00
35 Commercial Drive Approach 2 EA $9.00 $18.00
36 PCC Vee-Gutter 38 LF $90.00 $3,420.00
37 4-inch x 8-inch Concrete Mow Strip 3,010 LF $20.00 $60,200.00 38 ADA Concrete Curb Ramp per COV Std. Plan
C-16, with adjoining curb & gutter and
detectable warming surfaces
1 EA $7,500.00 $7,500.00
39 Detectable Warning Surface 1 EA $700.00 $700.00
40 Minor Concrete Curb Ramp Path 1 LS $5,000.00 $5,000.00 41 Minor Concrete Picnic Table Slab (4" thinck,
29" x 18' concrete slab with WWM over 4"
Class 2AB)
1 LS $5,000.00 $5,000.00
42 Minor Concrete Trash Receptacle Slab (4"
thick with WWM)
2 EA $350.00 $700.00
43 Minor Concrete round Bench (3-ft
Diameter)
2 EA $2,500.00 $5,000.00
44 Minor Concrete Path to Picnic Table and
Parking Lot
2 EA $800.00 $1,600.00
45 Minor Concrete Pads for round Benches 2 EA $1,000.00 $2,000.00 46 Pipe Swing Gate 2 EA $10,000.00 $20,000.00
47 Trash Receptacles 4 EA $2,000.00 $8,000.00
48 42-ft x 20-ft HDPE Fabric HIP Shade Shelter
Structure with Framing and Foundation
1 EA $70,000.00 $70,000.00
173
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 35
49 8-ft Iron Picnic Table with 2 Matching
Backless Benches (set)
2 EA $7,000.00 $14,000.00
50 Moss Rock Boulders 12 EA $300.00 $3,600.00
51 Striping, Signage, and Pavement Markings 1 LS $15,000.00 $15,000.00 52 Project Funding Sign 1 EA $3,000.00 $3,000.00
53 Irrigation Tie-In Point of Connection (POC) 1 EA $2,000.00 $2,000.00 54 Irrigation System 1 LS $105,000.00 $105,000.00
55 Soil Amendment 1 LS $16,000.00 $16,000.00
56 15 Gallon Tree including Planting & Staking 112 EA $275.00 $30,800.00 57 5 Gallon Tree including Planting & Staking 46 EA $275.00 $12,650.00 58 1 Gallon Shrub including Planting & Staking 346 EA $16.00 $5,536.00 59 Seet Mix #1 - Hydroseed 23,932 SY $1.25 $29,915.00
60 Seed Mix #2 - Hydroseed (Basin Invert) 2,308 SY $1.25 $2,885.00 61 Maintenance & Establishment Period 1 EA $6,000.00 $6,000.00 62 Supply Recycled Mulch (material) 864 CY $35.00 $30,240.00 $2,608,150.00

174
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 36
ARTICLE III - Contractor hereby agrees to indemnify and hold City and its officers, agents, employees and assigns, harmless from any liability imposed for injury (as defined by Government code 810.8), whether arising before or after completion of work hereunder, or in any manner directly or indirectly caused, occasioned or contributed to, or claimed to be caused, occasioned or contributed to, in whole or in part, by reason of any act or omission, including strict liability or negligence of Contractor, or of anyone acting under Contractor's direction or control or on its behalf, in connection with or incident to or arising out of the performance of this contract.

It is the intent of the parties that Contractor will indemnify, defend, and hold harmless City and its officers, agents, employees, and assigns, from any and all claims, demands, costs, suits or actions as set forth above regardless of the existence of passive concurrent negligence, on the part of the City or anyone acting under its direction or control or on its behalf. It is further the intent of the parties that this indemnification required is not intended to relieve City from liability for the active negligence of City, its officers, agency and employees.

The Contractor shall continuously protect City property, including work under construction, from damage, loss, or liability of any kind to persons or property arising in connection with the contract, direct or indirect, including that arising from rainfall, flood waters, and other action of the elements and all acts of third parties.

This indemnity and hold harmless provision, insofar as it may be adjudged to be against public policy, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of this indemnity and hold harmless provision may be within public policy and enforceable.

In an emergency affecting the safety of life or limb, work site, or any property, the Contractor is hereby permitted and directed to act at their discretion to prevent such threatened loss of injury, and in the event any instructions are given by the City of Visalia in any emergency, the Contractor shall unconditionally comply therewith.

With respect to the performance of work under this agreement, the Contractor shall maintain and shall require all of its subcontractors to maintain insurance as described below.

Worker's Compensation insurance with statutory limits, and employer's liability insurance with limits of not less than $1,000,000 per accident.
175
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 37
Commercial General Liability insurance with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include products/completed operations liability, owner's and Contractor's protective, blanket contractual liability, personal injury liability, broad form property damage coverage and explosion, collapse and underground hazard coverage. Such insurance shall (a) name City, its appointed and elected officials, officers, employees and agents as insureds; and (b) be primary with respect to any insurance or self-insurance programs maintained by the City; and (c) contain Standard cross liability provisions. Such additional insured endorsement maintained by Contractor and its subcontractors shall not be required to provide coverage for City for the active negligence of City.

Commercial Automobile Liability insurance with a combined single limit of not less than $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.

Contractor shall furnish properly executed certificates of insurance to City prior to commencement of work under this agreement, such certificates shall:
a. Clearly evidence all coverage required above, including specific evidence of a separate endorsement naming the City as an insured;
b. Indicate whether coverage provided is on a claims made or occurrence basis; and c. Provide that such insurance shall not be materially changed, terminated, or allowed to expire except on 30-days prior written notice to City’s Purchasing Division, Attention:

Purchasing
707 W. Acequia Avenue
Visalia, CA 93291.

Such insurance shall be maintained from the time work first commences until completion of the work under this Agreement if an occurrence policy form is used. If a claims made policy is used, coverage shall be maintained during the contract term and for a period extending 5 years beyond the contract date. Contractor shall replace such certificates for policies expiring prior to completion of work under this agreement and shall continue to furnish certificates 4 years beyond the contract term, when Contractor has a claims made form(s). If Contractor, for any reason, fails to maintain insurance coverage which is required pursuant to this agreement, the same shall be deemed a material breach of contract. City, at its sole option, may terminate this agreement and/or obtain damages from the Contractor resulting from said breach.

Alternatively, City may purchase such required insurance coverage, and without further notice to Contractor, City may deduct from sums due to Contractor any premium costs advanced by City for such insurance.
176
BASIN D at the ESRP
RFB 25-26-05
CONTRACT WITH AVISON CONSTRUCTION INC. 38
This insuring provision, insofar as it may be adjudged to be against public policy or in violation of Insurance Code Section 11580.04, shall be void and unenforceable only to the minimum extent necessary so that the remaining terms of the insuring provisions herein may be within public policy and enforceable.

ARTICLE IV - It is further expressly agreed by and between the City and the Contractor that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting with this instrument.

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, the parties have executed this agreement as of the date opposite their respective signatures.

CITY OF VISALIA
____________________________ _______
City Manager Date

CONTRACTOR
______________________________________
By: Authorized Agent Date
______________________________________
Print Name, Title
APPROVED AS TO FORM:
____________________________ _______
City Attorney Date
____________________________ _______
Risk Manager Date
____________________________ _______
Project Manager Date
177
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0495 Agenda Date: 11/17/2025 Agenda #: 13.

Agenda Item Wording:

Record Final Map - Request authorization to record the final map for Carleton Acres MDR subdivision, located on the east side of Shirk Street, one-quarter mile north of Riggin Avenue (50 lots).

Prepared by:

Edelma Gonzalez, Associate Engineer, (559)713-4364, [email protected]; Jason Huckleberry, Director of Eng and Building - (559)713-4495, [email protected] Department Recommendation: Staff recommends that City Council authorize the recordation of the final map for Carleton Acres MDR subdivision, located on the east side of Shirk Street, one-quarter mike north of Riggin Ave (50 lots).

Summary:

The final map for Carleton Acres Phase 1A subdivision subdivided 17.75 acres into 73-lots for low density residential development and 4.85 acres. Lot G of that subdivision is now being further subdivided into 50 medium density residential lots with the Carleton Acres MDR subdivision, a private gated residential subdivision.

The final map is ready for recording, all bonds, cash payments, subdivision agreement, and final map have been submitted by the developer, MCA, PROP, LLC, A California Limited Liability Company, as follows: 1) An executed subdivision agreement; 2) Faithful Performance Bond in the amount of $42,222.00, a Labor and Materials Bond in the amount of $21,111.00, a Maintenance Bond in the amount of $4,222.20; 3) cash payment of $343,414.27 distributed to various accounts to cover City fees; and 4) final map. All required items have been submitted and approved by the City prior to the final map being executed and recorded.

A Landscape and Lighting assessment district covering the Carlton Acres residential areas is being reviewed now and will be presented to Council for formation at a future meeting. As is standard procedure, the formation will be reviewed and approved by the Landscape and Lighting District Committee prior to being agendized. All new landscaping installed with this development will strictly adhere to the State Model Water Efficient Landscape Ordinance (MWELO).

Background Discussion:

The Faithful Performance Bond covers the cost of constructing the public improvements noted in the subdivision agreement and the Labor and Material Bond covers the salaries and benefits as well as the materials supplied to install the required public improvements. As required by the Subdivision Ordinance, the Faithful Performance Bond covers 100% of the cost of the public improvements. The Labor and Material Bond is valued at 50% of the Faithful Performance Bond. A Maintenance Bond valued at 10% of the cost of the public improvements will be required prior to recording the Notice of Visalia City Council Page 1 of 2 Printed on 11/14/2025
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File #: 25-0495 Agenda Date: 11/17/2025 Agenda #: 13.

Completion. The Maintenance Bond is held for one year after the recording and acts as a warranty for the public improvements installed per the subdivision agreement. The cash payment covers Development Impact Fees such as storm water acquisition, waterways, sewer front foot fees, and any outstanding plan check and inspection fees. The plan check and inspection fees are estimated at the beginning of the final map process and are not confirmed until the subdivision agreement is finalized. Differences are due in cash at the time of City Council approval of the map.

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

Fiscal Impact:

Impact fees will be assessed with the development of the land and for the 50 residential units.

Prior Council Action:

On Nov 04, 2024, Council authorized recordation of Carleton Acres Phase 1-A Subdivision.

Other: Carleton Acres MDR subdivision Map No. 5601 was approved by the Planning Commission on January 27th, 2025.

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

I move to authorize the recordation of the final map for Carleton Acres MDR subdivision.

Environmental Assessment Status: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418) CEQA Review: Previously approved Environmental Impact Report for Carleton Acres Specific Plan project, certified October 2, 2023 (SCH #2021050418)
Deadline for Action: 11/17/2025
Attachments: 1. Aerial Map 2. Location Map 3. Subdivision Map 4. Development Disclosure Visalia City Council Page 2 of 2 Printed on 11/14/2025
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180
181
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
NORTH

VICINITY MAP

NO SCALE

SURVEYOR'S STATEMENT

CITY SURVEYOR'S STATEMENT

CITY PLANNER'S STATEMENT

OWNER'S STATEMENT

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY

IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF HAYES RANCH, LLC ON 10/21/2023 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. ALL MONUMENTS ARE OF THE CHARACTER AND

OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP AND ARE, OR WILL BE, SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

CLINTON J. CAUDLE P.L.S. 9849 DATE
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS

SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP

ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

MICHAEL E. LONG P.L.S. 6815 DATE

CITY SURVEYOR
I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP #5601 APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 01/27/2025.

BY: PAUL BERNAL, DATE

PLANNING AND COMMUNITY PRESERVATION DIRECTOR / CITY PLANNER

LANDSCAPE & LIGHTING ASSESSMENT DISTRICT

ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP IS INCLUDED IN “ASSESSMENT DISTRICT NO. 25-01, CITY OF VISALIA, TULARE COUNTY, CALIFORNIA,” ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972.

THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD

TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION

SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.

WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:

1. OUTLOTS B, C, D, E, F, G, H, I, J, K, AND L TO BE RETAINED BY THE OWNER, FOR FUTURE

DEDICATION TO THE HOMEOWNER ASSOCIATION

2. LOT A IN FEE TO THE CITY OF VISALIA FOR LANDSCAPING, PUBLIC UTILITIES, PEDESTRIAN

ACCESS, SIDEWALKS, BLOCK WALLS, AND OTHER PUBLIC PURPOSES

3. PUBLIC UTILITIES EASEMENT FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES AND

CONDUITS FOR ELECTRIC, TELEVISION AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT)

4. BLOCK WALL EASEMENTS TO THE CITY OF VISALIA FOR THE INSTALLATION AND MAINTENANCE

OF BLOCK WALLS, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "BWE" (BLOCK WALL EASEMENTS) FOR: MCA, PROP, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY DAVID C. CRINKLAW DATE
MEMBER

MICHELLE HUERTA DATE
MEMBER
LYING WITHIN A PORTION OF SECTION 15, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

LEGAL DESCRIPTION:

LOT G AS SHOWN ON THE MAP OF CARLETON ACRES, PHASE 1A, ACCORDING TO THE MAP THEREOF RECORDED ON FEBRUARY 26TH , 2025, IN VOLUME 45 OF MAPS, AT PAGE 40, TULARE COUNTY RECORDS.

SHEET 1 OF 4
W. RIGGIN AVENUE
N. AKERS STREET

CITY OF

VISALIA, CA
TSM 5601

FLOOD HAZARD ZONE

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 A FLOOD ZONE AREA DESIGNATED ZONE X (SHADED), WHICH ARE AREAS OF

0.2-PERCENT ANNUAL CHANCE FLOODING, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE AVERAGE DEPTHS ARE LESS THAN 1 FOOT, AREAS OF 1-PERCENT ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1-PERCENT ANNUAL CHANCE FLOOD BY LEVEES. N. SHIRK STREET CITY LIMIT

CITY LIMIT

CITY OF VISALIA

TULARE COUNTY

EASEMENTS/MATTERS AFFECTING PROPERTY

1. NO BUILD EASEMENT AS DESCRIBED IN DOCUMENT RECORDED 04/04/2025 AS DOCUMENT NUMBER 2025-0015236, OFFICIAL RECORDS OF TULARE COUNTY

2. DECLARATION OF RESTRICTIVE COVENANTS EXECUTED BY HAYES RANCH, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY RECORDED 01/14/2025 AS DOCUMENT NUMBER 2025-0001880, OFFICIAL RECORDS OF

TULARE COUNTY

SUBJECT PROPERTY

CARLETON ACRES, MDR

RECORDER'S STATEMENT
DOC NO._______________ FEE PAID________________
FILED THIS DAY OF , 20 , AT .M.

IN VOLUME _______ OF MAPS, AT PAGE _______, TULARE COUNTY RECORDS AT THE REQUEST OF 4 CREEKS, INC.

TARA K. FREITAS, CPA, TULARE COUNTY

ASSESSOR/CLERK-RECORDER
BY:____________________________________________________________ DEPUTY

BOARD OF SUPERVISOR'S STATEMENT
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS OF

THE COUNTY OF TULARE, STATE OF CALIFORNIA, DO HEREBY CERTIFY 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.

DATED THIS DAY OF , 20
JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/CLERK OF THE BOARD OF SUPERVISORS BY: _______________________________

DEPUTY CLERK

CITY CLERK'S STATEMENT

THIS IS TO CERTIFY 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, LOT A, PUBLIC UTILITY EASEMENTS, BLOCK WALL

EASEMENT AND CONSENTING TO THE ABANDONMENT OF A TEMPORARY SLOPE FILL EASEMENT INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF VISALIA, THIS DAY OF , 20 .

LESLIE B. CAVIGLIA, CITY MANAGER/CITY CLERK

STATE OF CALIFORNIA/COUNTY OF TULARE

SIGNATURE
MY COMMISSION EXPIRES:

WITNESS MY HAND.

PRINCIPAL PLACE OF BUSINESS: COUNTY

PRINT NAME
COMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

NOTARY ACKNOWLEDGEMENT
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC PERSONALLY APPEARED, _______________________________________

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

STATE OF CALIFORNIA/COUNTY OF _____________

SIGNATURE
MY COMMISSION EXPIRES:

WITNESS MY HAND.

PRINCIPAL PLACE OF BUSINESS: COUNTY

PRINT NAME
COMMISSION NO.

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE

IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

NOTARY ACKNOWLEDGEMENT
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC PERSONALLY APPEARED, _______________________________________

WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE

NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT

HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY

HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.

IN ACCORDANCE WITH THE CALIFORNIA GOVERNMENT CODE
SECTION 66434 (g), THE FILING OF THIS MAP DOES HEREBY

CONSTITUTE THE ABANDONMENT OF THE FOLLOWING PUBLIC
EASEMENT:

1. A TEMPORARY SLOPE FILL EASEMENT PER CARLETON
ACRES PHASE 1A, REC. BK. 45 OF MAPS, PG. 40

ABANDONMENT NOTE
IN ACCORDANCE WITH SECTION 7-29-1070(a) OF THE TULARE COUNTY ORDINANCE CODE, AND AS A CONDITION OF APPROVAL OF THIS MAP, NOTICE IS GIVEN THAT:

IT IS THE DECLARED POLICY OF TULARE COUNTY TO CONSERVE, ENHANCE AND ENCOURAGE AGRICULTURAL OPERATIONS WITHIN THE COUNTY. RESIDENTS OF PROPERTY ON OR NEAR

AGRICULTURAL LAND SHOULD BE PREPARED TO ACCEPT THE INCONVENIENCES AND DISCOMFORT ASSOCIATED WITH AGRICULTURAL OPERATIONS, INCLUDING, BUT NOT NECESSARILY LIMITED TO: NOISE,

ODORS, FUMES, DUST, SMOKE, INSECTS, OPERATION OF MACHINERY (INCLUDING AIRCRAFT) DURING ANY 24 HOUR PERIOD, STORAGE AND DISPOSAL OF MANURE, AND THE APPLICATION BY SPRAYING OR OTHERWISE OF CHEMICAL FERTILIZERS, SOIL AMENDMENTS, HERBICIDES AND PESTICIDES. CONSISTENT WITH THIS POLICY, CALIFORNIA CIVIL CODE SECTION 3482.5 PROVIDES THAT NO AGRICULTURAL

OPERATION, AS DEFINED AND LIMITED BY THAT SECTION, CONDUCTED AND MAINTAINED FOR

COMMERCIAL PURPOSES, AND IN A MANNER CONSISTENT WITH PROPER AND ACCEPTED CUSTOMS

AND STANDARDS, AS ESTABLISHED AND FOLLOWED BY SIMILAR AGRICULTURAL OPERATIONS IN THE

SAME LOCALITY, SHALL BE OR BECOME A NUISANCE, PRIVATE OR PUBLIC, DUE TO ANY CHANGED

CONDITION IN OR ABOUT THE LOCALITY, AFTER THE SAME HAS BEEN IN OPERATION FOR MORE THAN THREE YEARS IF IT WAS NOT A NUISANCE AT THE TIME IT BEGAN.

RIGHT TO FARM NOTICE
BY:

CHIEF DEPUTY CITY CLERK
182
N0° 03' 54"W 109.00'
N90° 00' 00"E 110.00' N0° 03' 54"W 82.00'
N90° 00' 00"E 110.00'
S11° 08' 43"W (R)
N90° 00' 00"E 110.00'
N90° 00' 00"E 289.46' (N90° 00' 00"E 289.46')
N89° 56' 31"W 175.00' (N89° 56' 31"W 175.00')
1451.95'
N0° 03' 54"W 171.02'
N0° 03' 54"W 64.50'
N0° 03' 54"W 198.09' (N0° 03' 54"W 198.09')
N90° 00' 00"E 61.00'
N90° 00' 00"E 61.00'
N90° 00' 00"E 61.00'
N90° 00' 00"E 61.00'
4' (C1)
N0° 00' 00"E 9.50' (N0° 00' 00"E 9.50') [N0° 00' 00"E 9.50']

52.14' 23.41'

38.50' 34.00'

2.30'
N90° 00' 00"W(R) 110.00'
N89° 59' 58"W 55.00'
N89° 59' 30"E 55.00'
N89° 59' 51"E 55.00'
N90° 00' 00"E 55.00'
N90° 00' 00"E 55.00'
N90° 00' 00"E 110.00'
N90° 00' 00"E

35.45'
N90° 00' 00"E 55.00'
N90° 00' 00"E 55.00' N0° 03' 54"W 105.38'
N0° 03' 54"W 97.36'
N0° 03' 54"W 110.44'
N0° 03' 54"W 107.75'
N0° 03' 54"W 110.62'
N3° 31' 25"E (R) 36.12'
N0°03'54"W 103.50'
N0° 03' 54"W 64.50'
N0° 03' 54"W 71.82'
N0° 03' 54"W 17.50'

55.00' 55.00'

55.00' 55.00'
N0° 03' 54"W 17.50'

41.00' 41.00'

55.00' 55.00'

55.00' 55.00'

55.00' 55.00'

41.00' 34.00'

30.38'
N10° 36' 28"E (R) 63.31'
N9° 25' 37"E (R) 63.43'
N8° 14' 47"E (R) 63.56'
N7° 03' 56"E (R) 63.71'
N5° 53' 06"E (R) 63.88'
N4° 42' 16"E (R) 64.06'
N3° 31' 25"E (R) 64.26'
N1° 09' 45"E (R) 64.72'
N2° 20' 35"E (R) 64.48'
N0° 03' 41"E 65.00'
N0° 25' 11"E 64.97'
N0° 03' 54"W 40.01'
N89° 56' 31"W 13.50'
N0° 25' 14"E (R)
N0° 03' 42"E (R)
C1
R1
N90° 00' 00"E 964.74' (N90° 00' 00"E 964.74') [N90° 00' 00"E 964.74'] 979.85' (979.85')
N0° 03' 54"W 2629.96' (N0° 03' 54"W 2629.96') [N0° 03' 54"W 2629.96'] 20'

SEE DETAIL 'D'
12 2,845 sf
22 1,870 sf
21 1,870 sf
31 2,416 sf
20 2,500 sf
19 2,505 sf
18 1,980 sf
17 1,980 sf
10 2,500 sf
8 2,255 sf
9 2,500 sf
7 2,255 sf
6 2,500 sf
5 2,929 sf
4 2,196 sf
3 2,196 sf
2 2,196 sf
1 2,809 sf
N89° 56' 18"W 75.80'

36.00' 36.00' 31.50'

61.00'
N0° 03' 54"W 17.50'

34.00' 34.00' 41.00'

41.00' 41.00'
8'
8'
47'
N0° 03' 54"W 159.99'
(N0° 03' 54"W 159.99')
LOT A
1,585 sf
290.00' (290.00') [290.00']
2' BWE

67.00' (67.00')
67'

8.00'

8.00'
(N89° 56' 18"W 75.56')
N89° 56' 18"W 75.56'
C5 C6 C7 C8 C9 C10 C11
C12
C13
C19 C20 C21 C22 C23 C24 C25 C26
C27
C28

28.00'
N90°00'00"E
C44
N79° 30' 15"W 19.89' L2
C43
Δ=90°00'13"
L=14.92'
R=9.50'
Δ=90°00'14"
L=14.92'
R=9.50' N90° 00' 00"E 91.00'

28.00'
N90°00'00"E 28.00'
N90°00'00"E 28.00'
N90°00'00"E
C3
C2
N19°53'17"E

28.48'
N0° 00' 00"E (R) N0° 00' 00"E (R)
29 1,870 sf
28 1,870 sf
30 2,416 sf
46 2,500 sf
45 1,870 sf
33 1,835 sf
N0° 03' 54"W 198.09'
34 2,196 sf
27 2,200 sf
26 2,205 sf
25 2,211 sf
24 2,217 sf
23 2,224 sf
16 2,231 sf 15
2,239 sf
13 2,223 sf
14 2,232 sf
N89° 56' 31"W
20' 47'
67'
11 2,255 sf
N1° 33' 28"E (R)
N2° 42' 41"E (R)
N3° 51' 53"E (R)
N5° 01' 05"E (R)
N6° 10' 16"E (R)
N7° 19' 26"E (R)
N8° 28' 37"E (R)
N9° 37' 46"E (R)
N10° 46' 56"E (R)
5' PUE
5' PUE
5' PUE 5' PUE
5' PUE 5' PUE
5' PUE
5' PUE
5' PUE
5' PUE
198.16' (198.16')
1650.11' (1650.11')

20.51' 20.53'
32 1,870 sf
N0° 03' 54"W 11.50'

OUTLOT G
1,259 sf

OUTLOT C
992 sf

OUTLOT B
1,018 sf

OUTLOT D
1,006 sf
R14

36.00' 26.50' 36.00'

23.50' 41.00'23.50' 41.00'

14.00' 14.00'

41.00' 23.50'

36.00'

46.09'

46.02'

36.00' 36.00' 36.00' 44.00'

75.00' 69.00'

14.00' 14.00'

69.55'

69.00'

69.00' 69.00' 69.00'

69.00'

29.50' 34.00' 34.00'

33.86' 34.00' 29.50'

14.00' 14.00'

23.50' 36.00' 36.00'

14.00' 14.00'

23.50' 34.00' 34.00'
N90° 00' 00"E

67.00' (67.00') [67.00']
N0° 03' 54"W 24.99'
(N0° 03' 54"W 24.99')
(Δ=15°54' 48" L=487.44' R=1755.00' Δ=15
) °54' 48" L=487.44' R=1755.00'

OUTLOT F
1,370 sf

OUTLOT E
1,911 sf
N89° 59' 46"E (R) N89° 59' 46"W (R)
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
SHEET 2 OF 4
LEGEND

FOUND MONUMENT AND ACCEPTED AS DESCRIBED (R)
SET 3/4" IRON PIPE TAGGED "PLS 9849" DOWN 6IN
SET 3/4" IRON PIPE TAGGED "PLS 9849" 5.00 FEET FROM TRUE

CORNER ALONG PROPERTY LINE
FOUND 3/4" IRON PIPE TAGGED "PLS 9849" DOWN 6IN PER PARCEL MAP NO. 5438 REC. BK. 55 OF PARCEL MAPS, PG. 46, TCR.

FOUND 3/4" IRON PIPE TAGGED "PLS 9849" DOWN 6IN PER
CARLETON ACRES PHASE 1A REC. BK. 45 OF MAPS, PG. 40, TCR.

RADIAL BEARING

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

BLOCK WALL EASEMENT

TULARE COUNTY RECORDS
RECORD DATA PER CARLETON ACRES PH 1A
BK. 45 OF MAPS, PG. 40, TCR
RECORD DATA PER PARCEL MAP NO. 5438, BK. 55 OF
PARCEL MAPS, PG. 46, TCR
TCR
PUE
BWE
20' RIGHT OF WAY
COUNTY ROAD REC.

IN BK. 13 OF RIGHTS
OF WAY, PG 478, OR
SCALE 1" = 40'
( )
40' 40'
SW COR. SECT. 15-18/24
FOUND T.C. COR. 24" DEEP, PER JOHN VANZANDER 1992
CORNER RECORD #105A TIES CHECK
W1/4 COR. SECT.15-18/24
FOUND PATCH WITH 2FT OFFSETS,
PER JOHN VANZANDER 1992 CORNER
RECORD # 1031 TIES CHECK
[ ]

FOUND BRASS DISC FLUSH IN CONC
STAMPED "PLS 9849" PER CARLETON ACRES
PHASE 1A, REC. BK. 45, PG 40, TCR
FOUND 3/4" IRON PIPE TAGGED "PLS 9849" 5.00 FEET FROM TRUE CORNER ALONG PROPERTY LINE PER CARLETON ACRES PH 1A

FOUND BRASS DISC FLUSH IN CONC
STAMPED "PLS 9849" PER CARLETON ACRES
PHASE 1A, REC. VOL 45, PG 40,TCR
SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

CARLETON ACRES, MDR
FOUND 3/4" IRON PIPE TAGGED
"PLS 9849" 5.00 FEET FROM TRUE

CORNER ALONG PROPERTY LINE
PER CARLETON ACRES PH 1A
DETAIL "D"

BASIS OF BEARINGS

THE WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 15, T. 18 S., R. 24 E.

MDB&M, PER PARCEL MAP 5438, REC. IN BK
55, OF PARCEL MAPS, PG 46, TCR TAKEN AS
N0° 03' 54"W

BASIS OF BEARINGS
PARCEL MAP NO. 5438 BK 55, PARCEL MAPS, PG 46, TCR
PARCEL 1

SEDONA AVENUE

SIDNEY COURT

NORTH SHIRK STREET
N90° 00' 00"E 298.46'

69.00'

31.50'
N0° 00' 00"E 9.50'
LOT 10
LOT 19
PARCEL MAP NO. 5438 BK 55,
OF PARCEL MAPS, PG 46, TCR
35 45
46 NO SCALE

0.54'
PARCEL 1

41.00'
N0° 03' 54"W 103.50'
TSM 5601

ALL DISTANCES SHOWN HEREON ARE DETERMINED BY

MEASUREMENTS TAKEN OVER THE SURFACE OF THE EARTH
(GROUND DISTANCES)

LOT A IS A COMMON LOT TO BE USED FOR PUE, PEDESTRIAN

ACCESS, LANDSCAPING, BLOCK WALL, AND THE MAINTENANCE

THEREOF, TO BE CONVEYED TO THE CITY OF VISALIA PER
THIS MAP.

NOTE:

SEE DETAIL "A"
SEE DETAIL "B" SEE DETAIL "C"
OUTLOT
K
OUTLOT
K
SEE DETAIL "C1"

OUTLOT J
23,784 sf.

OUTLOT
J

OUTLOT J
23,784 sf.

FLAGSTAFF AVENUE
SIDNEY
COURT

AUGUSTA COURT

STOKES COURT

SHENANDOAH COURT
SIDNEY
COURT
PUE
PUE
PUE
PUE
PUE

OUTLOT K
11,951 sf. OUTLOT L
SEE SHEET 3 FOR ALL RADIAL, CURVE, AND LINE DATA
NOTE:

PUE

PUE PUE
PUE
PUE
183
S11° 08' 43"W (R)
L7
N90° 00' 00"E 964.74' (N90° 00' 00"E 964.74') [N90° 00' 00"E 964.74'] N90° 00' 00"E 55.00'
N90° 00' 00"E 55.00'
N90° 00' 00"W 46.51'
N90° 00' 00"W 55.00'
N74° 01' 30"W 182.83' N0° 03' 54"W 52.81'
N0° 03' 54"W
N0° 03' 54"W 62.83'

72.57'
N0° 03' 54"W 73.87'
N0° 03' 54"W 62.65'

30.38'

41.00'

34.00' 41.00'
N15° 58' 30"E 59.40'
N15° 58' 30"E 63.00'
N15° 58' 30"E 63.00'
N15° 58' 30"E 63.00'
N15° 58' 30"E 63.00'
N15° 58' 30"E 63.00'
N15° 19' 49"E (R) 63.02'
N14° 08' 59"E (R) 63.06'
N12° 58' 08"E (R) 63.13'
N11° 47' 18"E (R) 63.21'
N10° 36' 28"E (R) 63.31'

40.84'

34.00'

34.00'

34.00'

34.00'

16.84'
R2
N15° 58' 30"E (R)
N0° 03' 54"W 17.50'
R3
41 2,142 sf 42
2,142 sf 43
2,142 sf 44
2,562 sf
47 2,500 sf
N90° 00' 00"E 481.19'

31.57'
C5
N15° 58' 30"E 135.00' (N15° 58' 30"E 135.00')
207.00'
C29
C30
C31
C32
C33
L5
C40
C41
L3 L4
L2
C42

28.00'
N90°00'00"E
C4

82.54'
N74° 01' 30"W 100.00'
C36

OUTLOT H
16,878 sf
46 2,500 sf
45 1,870 sf
33 1,835 sf
N67° 50' 30"E 83.53'

20.50'

8.84'
48 1,860 sf
49 2,302 sf
50 2,024 sf
40 2,142 sf
39 2,163 sf
38 2,184 sf
37 2,186 sf
36 2,189 sf
35 2,192 sf

20.50' 13.91'

68.56'
N15° 58' 30"E 16.50'
N9° 37' 46"E (R)
N10° 46' 56"E (R)
N11° 56' 05"E (R)
N13° 05' 14"E (R)
N14° 14' 23"E (R)
N15° 23' 32"E (R)
N0°03'54"W 105.38'
5' PUE
C14
C15
C16
C18
5' PUE 5' PUE 5' PUE
32 1,870 sf

OUTLOT G
1,259 sf
R11
R10
R8
R7
N74° 01' 30"W 80.54'
C39 C38
C37
R6
R5
S78° 44' 55"E (R) R13
R14
R12
R9
N15° 58' 30"E 16.50'
N67° 50' 30"E 56.71'

5.15'

69.00' 69.00' 34.00' 35.00' 23.50' 34.00' 34.00' 23.50'

36.42'

35.38'

14.00' 14.00'

34.00'

34.00'

34.00'

34.00'

31.42'

15.41'
C17
(Δ=15°54'48" L=487.44' R=1755.00')
Δ=15°54'48" L=487.44' R=1755.00' N74° 01' 30"W 317.14' (N74° 01' 30"W 317.14') (Δ=6°57'47" L=226.65' R=1865.00')
Δ=6°57'47" L=226.65' R=1865.00'

OUTLOT I
2,224 sf

CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
C14
C15
C16
C17
C18
C19
C20
C21
C22
C23
LENGTH
458.27'

99.70'
170.00'
188.57'

31.70'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

34.00'

18.56'

10.99'

34.84'

35.33'

35.33'

35.32'
RADIUS
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,650.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
DELTA
15°54'48"
3°27'44"
5°54'12"
6°32'53"
1°06'03"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
1°10'50"
0°38'41"
0°21'32"
1°08'15"
1°09'13"
1°09'12"
1°09'12"

CURVE TABLE
CURVE #
C24
C25
C26
C27
C28
C29
C30
C31
C32
C33
C34
C35
C36
C37
C38
C39
C40
C41
C42
C43
C44
LENGTH

35.32'

35.32'

35.31'

35.31'

35.31'

35.30'

35.30'

35.30'

35.30'

17.85'

9.32'

8.60'

3.93'

14.12'

34.56'

17.30'

8.63'

5.03'

3.93'

53.82'

16.32'
RADIUS
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'
1,755.00'

14.00'

9.50'

2.50'
1,181.45'
1,622.00'

9.50'

9.50'

2.50'

2.50'
1,622.00'

9.50'
DELTA
1°09'11"
1°09'11"
1°09'10"
1°09'10"
1°09'10"
1°09'09"
1°09'09"
1°09'09"
1°09'09"
0°34'58"
38°08'00"
51°52'00"
90°00'00"
0°41'04"
1°13'15"
104°19'14"
52°01'12"
115°22'37"
90°06'22"
1°54'04"
98°27'29"
LINES
#
L1
L2
L3
L4
L5
L7

BEARING
N90° 00' 00"E
N11° 15' 05"E
N78° 05' 36"W
S12° 32' 18"W
N0° 03' 54"W
S74° 01' 30"E

DISTANCE

8.67 17.00

36.99 16.33

16.37 80.63

RADIAL TABLE
#
R1
R2
R3
R4
R5
R6
R7
R8
R9
R10
R11
R12

BEARING
S0° 03' 42"W
S15° 58' 30"W
S15° 58' 30"W
S74° 01' 30"E
S74° 01' 30"E
S15° 58' 30"W
N16° 04' 05"E
S15° 23' 00"W
S15° 28' 35"W
S14° 15' 20"W
S89° 56' 06"W
S89° 56' 06"W

RADIAL TABLE
#
R13
R14
R15
R16
R17
R18
R19
R20
R21

BEARING
N37° 54' 55"E
S77° 27' 42"E
N78° 44' 55"W
S9° 14' 40"W
S89° 12' 50"E
N2° 42' 02"E
S0° 24' 49"W
N7° 39' 51"E
S6° 04' 01"W
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
SHEET 3 OF 4
LEGEND
SCALE 1" = 40'
40' 40'

SEDONA AVENUE

MARCIN COURT
PARCEL MAP NO. 5438 BK. 55, PARCEL MAPS, PG. 46, TCR
PARCEL 1
SITUATED IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA.

CARLETON ACRES, MDR

FOUND BRASS DISC FLUSH IN CONC
STAMPED "PLS 9849" PER CARLETON ACRES
PHASE 1A, REC. VOL. 45, PG. 40, TCR
481.19'
∆ =6°57'47" R=1,865.00' L=226.65'
S22°56'17"W (R) (N67°03'43"W 4.67') N67°03'43"W 4.67'
34 33
32 31
N90° 00' 00"E 964.74'
TSM 5601

FOUND MONUMENT AND ACCEPTED AS DESCRIBED (R)
SET 3/4" IRON PIPE TAGGED "PLS 9849" DOWN 6IN
SET 3/4" IRON PIPE TAGGED "PLS 9849" 5.00 FEET FROM TRUE

CORNER ALONG PROPERTY LINE
FOUND 3/4" IRON PIPE TAGGED "PLS 9849" DOWN 6IN PER PARCEL MAP NO. 5438 REC. BK. 55 OF PARCEL MAPS, PG 46, TCR.

FOUND 3/4" IRON PIPE TAGGED "PLS 9849" DOWN 6IN PER
CARLETON ACRES PHASE 1A REC. BK. 45 OF MAPS, PG. 40, TCR.

RADIAL BEARING

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

BLOCK WALL EASEMENT

TULARE COUNTY RECORDS
RECORD DATA PER CARLETON ACRES PH 1A
BK. 45 OF MAPS, PG. 40, TCR
RECORD DATA PER PARCEL MAP NO. 5438, BK 55 OF
PARCEL MAPS, PG. 46, TCR
TCR
PUE
BWE
( )
[ ]
(∆ =6°57'47" R=1,865.00' L=226.65')
SEE DETAIL "E"
5' FOOT NO BUILD EASEMENT PER DOC. NO. 2025-0015236 REC. 04/04/2025 C43

OUTLOT H

NO SCALE

BASIS OF BEARINGS

THE WEST LINE OF THE SOUTHWEST
QUARTER OF SECTION 15, T. 18 S., R. 24 E.

MDB&M, PER PARCEL MAP 5438, REC. IN BK
55, OF PARCEL MAPS, PG 46, TCR TAKEN AS
N0° 03' 54"W

ALL DISTANCES SHOWN HEREON ARE DETERMINED BY

MEASUREMENTS TAKEN OVER THE SURFACE OF THE EARTH
(GROUND DISTANCES)

LOT A IS A COMMON LOT TO BE USED FOR PUE, PEDESTRIAN

ACCESS, LANDSCAPING, BLOCK WALL, AND THE MAINTENANCE

THEREOF, TO BE CONVEYED TO THE CITY OF VISALIA PER
THIS MAP.

NOTE:

OUTLOT L
22,200 sf.

LINDSAY COURT

FLAGSTAFF AVENUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
184
Δ =9 0 ° 0 3 ' 5 4 " L =1 4 .9 3 ' R =9 .5 0 ' N0° 00' 00"E (R) N73° 20' 51"E (R)
N0° 00' 00"E (R)
N89° 56' 06"E (R)
N0° 03' 29"E (R)
N89° 56' 31"W 13.20'
Δ=106°42'38" L=4.66' R=2.50'
Δ=73°20'51" L=12.16' R=9.50'
N90° 00' 00"E 2.12'
Δ = 8 9 ° 5 6 ' 0 6 " L =1 4 .9 1 ' R = 9 .5 0 '
N0° 00' 00"E 0.37'
N90° 00' 00"W 9.00'
N0° 00' 00"E 0.50'
N90° 00' 00"W 8.67'
N90° 00' 00"E 14.47'
N89° 56' 06"E (R)
N0° 00' 00"E (R)
N0° 00' 00"E (R)
N90° 00' 00"W (R)
N90° 00' 00"E (R)
Δ=90°00'00" L=0.79' R=0.50'
Δ=90°00'00" L=0.79' R=0.50'
N0° 03' 42"E 0.50'

1.00'
R17
N15° 58' 30"E (R)
R4
N15° 58' 30"E (R)
Δ=90°00'00"
L=3.93' R=2.50'
Δ=90°00'00"
L=1.57' R=1.00' N74° 01' 30"W 0.65'
N74° 01' 30"W (R) 0.50'
S15°58'30"W (R)
Δ=90°00'00"
L=1.57'
R=1.00'
N74° 01' 30"W 4.32'
N74° 01' 30"W(R) 0.50'
N0° 03' 29"E (R)
N89° 56' 31"W (R) N15° 05' 44"E 26.73'
N89° 56' 31"W 55.49'
N0° 03' 29"E 1.50'
Δ=90°00'00" L=5.50' R=3.50'
N89° 56' 31"W 15.50'
C35
N15° 58' 30"E

0.96'
N74° 01' 30"W (R) N22° 09' 30"W (R)
N89° 56' 31"W 175.00' (N89° 56' 31"W 175.00') 171.02'
N90° 00' 00"E 61.00'
N90° 00' 00"E 61.00'

38.50'
N0° 03' 54"W 40.01'
N89°56'31"W 22.97'

21.83' N15° 09' 16"W
N0° 00' 00"E 37.02'
L1
N0° 03' 54"W 44.18'
N15° 05' 44"E 26.73'
N89° 56' 31"W 55.49' N0° 03' 54"W 9.50'
N89° 56' 31"W 27.51'
N0° 03' 29"E 28.00'
N89° 56' 31"W 3.00'
N0° 03' 29"E 27.00'
N0° 03' 54"W 44.15'
N15° 21' 07"W

4.87'

20.51' 20.53'

36.00' 46.02'
N90° 00' 00"E 110.00'
S5° 56' 56"W (R)
S7° 45' 09"W (R)
N89° 59' 58"W 55.00'
N89° 59' 51"E 55.00'
N90° 00' 00"E 55.00'
N90° 00' 00"E 110.00'
N90° 00' 00"E
N0°03'54"W 103.50'

41.00'

55.00' 55.00'

55.00' 55.00'
R1

36.00'

34.00'
C11
C12
C44
Δ=82°42'28"
L=3.59' R=2.49'
N82° 14' 15"W 0.57'
Δ=90°06'22" L=3.93' R=2.50'
N7° 38' 47"E 5.50' Δ =1°3 5 ' 4 9 " L = 4 4 .9 9 ' R =16 1 4 .0 0 ' N6° 05' 05"E 5.50' Δ=90°06'22" L=3.93' R=2.50'
N84° 02' 10"W 0.84'
Δ=90°06'22"
L=3.93' R=2.50'
N5° 50' 34"E

13.50' N84° 47' 58"W 37.00'
N4° 33' 30"E

13.50'
Δ=90°06'22"
L=3.93' R=2.50'
N85° 37' 18"W

4.19'
Δ=94°22'09"
L=15.65' R=9.50'

16.26'
N0°03'54"W

12.94'

15.12'
N0° 03' 54"W

16.72'
N2° 40' 57"E
Δ = 2 °17 '1 3 " L = 6 3 .9 8 ' R =1 6 0 3 .0 0 '
N0° 25' 53"E 16.50'
Δ=90°06'22" L=3.93' R=2.50' N89° 53' 51"W 24.11'
Δ=180°00'00"
L=4.71'
R=1.50'
N89°56'18"W

17.50'
N0° 03' 42"E 28.00'
N89° 56' 18"W

19.50'
Δ=90°07'35"
L=14.94' R=9.50'
N0° 03' 54"W 7.32'

21.50'
C3
N0° 03' 42"E (R)
N89° 56' 06"E (R)

15.67'
N89°56'06"E (R)
N28° 14' 50"E (R)
S4° 18' 15"W (R)
N89° 56' 06"E (R)
S4° 27' 08"W (R)
N85° 26' 30"W (R) N84° 09' 26"W (R) N83° 54' 55"W (R)
S5° 58' 43"W (R)
S7° 30' 00"W (R)
S89° 47' 32"E (R)
N82° 21' 13"W (R)
R16
N87° 19' 02"W (R)
N0° 19' 31"E (R) N89° 34' 07"W (R)
N0° 03' 42"E (R)
R18
R19
R20
R21

41.00'

34.00'

33.86'

36.00'

34.00'
Δ=115°33'49" L=3.03' R=1.50' S28° 14' 47"W (R) Δ=61°41'16" R=9.50'
L=10.23'
C34
N15° 58' 30"E (R) N22° 09' 30"W (R)
N22° 11' 17"W (R)
N72° 09' 38"W (R)
C35
N15° 58' 30"E

33.98'

16.50' N15° 58' 30"E
N74° 01' 30"W 37.02'
Δ = 4 9 °5 8 ' 2 1" L =17 .9 2 ' R = 2 0 .5 '
Δ = 3 8 °0 8 ' 0 0 " L = 2 0 .3 0 ' R = 3 0 .5 0 '
N67° 50' 30"E 83.53'
N15° 58' 30"E 8.67'
N15° 58' 30"E 8.67'
N67° 50' 30"E 56.71'
N15° 58' 30"E (R)
S22° 09' 30"E (R)

0.99'
N15° 58' 30"E (R)
N22° 09' 30"W (R)
TSM 5601
DETAIL "A"
ONLY DETAIL "A"
SCALE 1" = 20'
20' 20'
ONLY DETAIL "E"
SCALE 1" = 20'
20' 20'
ONLY DETAIL "B"
SCALE 1" = 20'
20' 20'
DETAIL "A4"
DETAIL "A3"
DETAIL "A1"

OUTLOT B
1,018 sf
SEE DETAIL A1
SEE DETAIL A4
SEE DETAIL A3
DETAIL "A2"
SEE DETAIL A2

OUTLOT C
992 sf
DETAIL "B"
DETAIL "C1"
SEE DETAIL E1
DETAIL "E1"
DETAIL "E"
DETAIL "E2" DETAIL "E3"
SEE DETAIL E2
SEE DETAIL E3
SEE DETAIL C1
C44
L1
N89° 56' 18"W 75.80'

82.54' N67° 50' 30"E 83.53'

31.42'
SEE DETAIL E4
DETAIL "E4"

20.51'
N0° 03' 29"E 27.00'
N0° 03' 54"W 44.15'
N0° 03' 54"W 71.82'
N0° 03' 54"W 107.75'
N0° 03' 54"W 110.62'
N0° 03' 54"W 97.36'
N0° 03' 54"W 110.44'
PREPARED BY:

FAX: 559.802.3215
TEL: 559.802.3052
VISALIA, CA 93292
324 S. SANTA FE ST., STE. A
P.O. BOX 7593
SHEET 4 OF 4
DETAIL "C"
ONLY DETAIL "C"
SCALE 1" = 20'
20' 20'

OUTLOT G
LOT 33

33.86'

97.36'
N0° 03' 54"W
LOT
12 OUTLOT C

OUTLOT J

OUTLOT L

OUTLOT L

OUTLOT H

OUTLOT H
OUTLOT I LOT 44

OUTLOT J
LOT 1
LOT 2

OUTLOT J

OUTLOT J
LOT 22 LOT 28 LOT 17
LOT 11

OUTLOT L

OUTLOT L

OUTLOT K

OUTLOT K

OUTLOT J

OUTLOT J
N0° 00' 00"W 37.02'

82.54' N67° 50' 30"E

83.53'

27.51'
N89° 56' 31"W
N0° 03' 29"E 28.00'

OUTLOT J

OUTLOT J

OUTLOT J

OUTLOT J

OUTLOT J
LOT 12

OUTLOT J
LEGEND
(R) RADIAL BEARING

SHADED LINE INDICATES SUBDIVISION BOUNDARY

PUBLIC UTILITY EASEMENT

BLOCK WALL EASEMENT

TCR TULARE COUNTY RECORDS
PUE
BWE
N89° 56' 18"W 75.80'

OUTLOT G
LOT
33 LOT
32 20.50'

20.50'

OUTLOT I
LOT 44

OUTLOT H

OUTLOT K

OUTLOT H

OUTLOT K

OUTLOT L

OUTLOT L

NO SCALE

NO SCALE

NO SCALE

NO SCALE

NO SCALE

NO SCALE

NO SCALE

NO SCALE

NO SCALE

OUTLOT E
1,911 sf. OUTLOT F
1,370 sf.

OUTLOT I
SIDNEY
COURT

SIDNEY COURT

FLAGSTAFF
AVENUE

SIDNEY COURT

FLAGSTAFF AVENUE

SIDNEY COURT

FLAGSTAFF AVENUE

AUGUSTA COURT

FLAGSTAFF AVENUE SHENANDOAH COURT

STOKES COURT

SHENANDOAH COURT

FLAGSTAFF AVENUE

FLAGSTAFF
AVENUE

FLAGSTAFF
AVENUE

FLAGSTAFF AVENUE

FLAGSTAFF AVENUE

FLAGSTAFF AVENUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
Δ=0°51'04"
L=0.14'
R=9.50'
N89° 56' 06"E (R)
SEE SHEET 3 FOR ALL RADIAL, CURVE, AND LINE DATA
NOTE:

PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUEPUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE
PUE

OUTLOT J

OUTLOT B
1,018 sf

OUTLOT C
992 sf

OUTLOT B
PUE
C34
185
186
187
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0497 Agenda Date: 11/17/2025 Agenda #: 14.

Agenda Item Wording:

Award Contract for Aviation Engineering Design Services - Authorize the City Manager to award a contract to Brandley Engineering for aviation professional architectural and design/engineering services for airport development projects at Visalia Municipal Airport for a not to exceed amount of $2,163,000 for a five-year period.

Deadline for Action: 11/17/2025
Submitting Department: Administration - Airport Division Contact Name and Phone Number:

Jody Miller, Airport Manager, (559)713-4282, [email protected] John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council authorize the City Manager to award a contract to Brandley Engineering for RFQ 24-25-25 for aviation professional architectural and design/engineering services for airport development projects at Visalia Municipal Airport for a not to exceed amount of $2,163,000 for a five-year period (2026-2031).

Background Discussion:

At its meeting on November 4, 1999, the Council authorized a Professional Services Agreement with Brandley Engineering for the purpose of providing Airport engineering design services and project management for a five-year contract period. At its meeting on November 4, 2024, the Council authorized a one-year extension of the Agreement to facilitate the completion of projects in-progress.

In accordance with the requirements of the Federal Aviation Administration (FAA), a Request for Qualifications (RFQ) was issued in May 2025 to seek Statements of Qualifications from any firms interested in providing consulting and design/engineering services for the next five (5) years to the Visalia Municipal Airport. The FAA expects airports to keep a firm under contract, as opposed to a project-by-project basis, due to the federal funding process for Airport Improvement Projects (AIP) is typically a 2-year process which includes the project submission for initial consideration, filling of an application and a tentative allocation issued by the FAA.

Once the RFP was issued, airport staff reviewed the lone proposal received from Brandley Engineering, Inc. (Loomis, CA).

Review of the proposal was conducted by the Airport Manager (Jody Miller), Transit Manager (Angelina Baker) and the City Engineering Department. The proposal was evaluated based on experience with FAA funded projects and expertise in designing and overseeing the types of projects included in the Visalia Airport’s federal Airport Capital Improvement Program (ACIP). Additionally, Visalia City Council Page 1 of 3 Printed on 11/14/2025
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File #: 25-0497 Agenda Date: 11/17/2025 Agenda #: 14.
included in the Visalia Airport’s federal Airport Capital Improvement Program (ACIP). Additionally, Brandley Engineering was rated on the record of past performance with Visalia and other airports as well as any knowledge of local conditions that were exhibited in the proposals. Brandley Engineering has been under contract with the City of Visalia since 1999, during that time have helped oversee the Airport’s ACIP and assisted in the submittal of grant applications that have resulted in the City receiving nearly $20 million in AIP grant funding.

Only receiving the single response to the RFP is not unique in the airport engineering services industry, especially when the incumbent firm has such an extensive working relationship with the City.

Future ACIP projects may include but are not limited to:
o Architectural Design Reconstruct General Aviation Terminal o Reconstruct Taxilane A, and Connectors Construction Phase o Reconstruct Tiedown Apron A3 Design and Construction Phase o Reconstruct Hangar H1 Taxilanes Row 3,4,7 and Hangar H2 Row 9 Design and Construction Phase
o Reconstruct General Aviation Terminal Building
o New Midfield Apron Development Phase 1 Design and Construction Phase o Expand West Cargo Apron, New Taxiway Connector Design and Construction Phase o Other miscellaneous airport engineering projects
The estimated cost of all airport engineering projects covered throughout the duration of the proposed 5-year contract is $2,163,000.00.

The not-to-exceed limit for all airport projects with Brandley Engineering throughout the proposed 5- year contract will also be $2,163,000.00
Fiscal Impact:

Brandley Engineering will be paid a negotiated fee, based on the value of the projects designed and in accordance with a fee schedule approved by the FAA, of which typically 90- 95% of the costs would be reimbursed via FAA and State matching grants. Given the fee structure is provided by the FAA, price is not a deciding factor in this process.

Prior Council Action:

1. November 4, 2019: Approval of an Annual Contract with Brandley Engineering for the Purpose of Providing Airport Engineering Design Services and Project Management for a 5-Year Contract Period

2. November 4, 2024: Authorization of an Amendment and Extension to Professional Services Agreement
Alternatives:

City Council could choose to not authorize the execution of the proposed Professional Services Agreement with Brandley Engineering and Airport Staff will explore an additional RFP for the services.

Visalia City Council Page 2 of 3 Printed on 11/14/2025
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File #: 25-0497 Agenda Date: 11/17/2025 Agenda #: 14.

Recommended Motion (and Alternative Motions if expected):

I move to approve to authorize the City Manager to award a contract to Brandley Engineering for RFQ 24-25-25 for aviation professional architectural and design/engineering services for airport development projects at Visalia Municipal Airport for a not to exceed amount of $2,163,000 for a fiveyear period (2026-2031).

Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: .

1. Draft Professional Services Agreement

2. City Council Agenda Report: November 4, 2019

3. City Council Agenda Report: November 4, 2024
Visalia City Council Page 3 of 3 Printed on 11/14/2025
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PROFESSIONAL SERVICES AGREEMENT
Professional, Architectural and Design/Engineering Services associated with Airport Development Projects for the Visalia Municipal Airport This Agreement, entered into this ________ day of ________________, 2025, by and between the City of Visalia, hereinafter referred to as the “CITY”, and Brandley Engineering, Inc hereinafter referred to as the “CONSULTANT” will remain valid through Dec 31st 2031

W I T N E S S E T H
WHEREAS, the CITY is authorized and empowered to employ consultants and specialists in the performance of its duties and functions; and
WHEREAS, the CITY has the desire to secure certain technical and professional services to assist in the preparation and completion of the items of work described as “Scope of Work” in Exhibit “A”, and hereinafter referred to as the “PROJECT”; and WHEREAS, the CONSULTANT represents it is licensed, qualified and willing to provide such services pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONSULTANT agree as follows:

I. SERVICES TO BE PERFORMED BY THE CONSULTANT
A. Authorized Scope of Work: The CONSULTANT agrees to perform all work necessary to complete in a manner satisfactory to the CITY those tasks described in Exhibit “A” - Scope of Work, for the cost identified in individual task orders and the standard billing rates established in Exhibit B.

B. Additional Services: Incidental work related to the PROJECT and not provided for in Exhibit “A” may be needed during the performance of this Agreement. The CONSULTANT agrees to provide any and all additional services at the rates identified in attached Exhibit “B” - Schedule of Fees for Professional Services.

Such additional services shall not be performed by CONSULTANT without the written consent of CITY.

II. TIME OF PERFORMANCE
The CONSULTANT shall commence performance of this Agreement within five (5) days following receipt of fully executed Agreement and Notice to Proceed and shall complete the work within the timeframes outlined in” each purchase order, unless otherwise extended in writing by CITY, in its sole discretion (to be altered if negotiated timeframes). 191
If the CONSULTANT fails to complete the PROJECT within the time specified, plus any extensions of time which may be granted, the CITY shall determine the percent of each work item completed and shall pay the CONSULTANT on that basis.

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. CONSULTANT shall be compensated for engineering services rendered hereunder as provided in each Supplemental Services Agreement hereinafter executed as the projects are approved/scheduled.

B. Payment of Compensation: The CONSULTANT shall be compensated according to the progress payment schedule set forth in each purchase order upon completion of percentage of each noted phase. 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 Visalia Municipal Airport Manager 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: Damon Brandley or Melissa Brandley 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 192
this Agreement in any of the following circumstances:

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 ten (10) 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 subconsultants, 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 subconsultant, the CONSULTANT shall not be liable for failure to perform, unless the services to be furnished by the subconsultant 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.
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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:

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.
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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
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.
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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.

XII. INDEMNIFICATION AND INSURANCE
A. 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, defense costs, liability or consequential damages to the extent caused by CONSULTANT’s negligent acts, errors or omissions in the performance of his/her services under the terms of this Agreement, except to the extent those arise out of the negligence of CITY. Consultant has no obligation to pay for any of the City’s defense related costs prior to a final determination of liability or to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon comparative fault of the Consultant in conformance with California Civil Code 2782.8
B. CITY agrees to indemnify and hold harmless CONSULTANT, its officers and employees from and against any and all losses, defense costs, liability or consequential damages to the extent arising out of CITY’S negligent acts, errors or omissions in the performance of this Agreement.

C. As respects all acts or omissions which do not arise directly out of the performance of services, including but not limited to those acts or omissions normally covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at CITY’s option), and hold harmless CITY, its elected and appointed officers, employees, and representatives from and against any and all claims, demands, defense costs, liability, or consequential damages to the extent caused by 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.

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, 196
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. Each insurance policy required by this Agreement shall contain the following clause:
“This insurance shall not be canceled, limited in scope or coverage, or nonrenewed until after thirty (30) days prior written notice has been given to the City Clerk, 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.” “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.
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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 Consultant to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement.

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

C. 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.

D. 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.

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:

CITY OF VISALIA
707 W. Acequia Ave.

Visalia, CA 93291
Attention: City Clerk

CONSULTANT
Brandley Engineering
6125 King Rd. Ste 201
Loomis CA, 95650
Attention: Melissa Brandley
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.

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 199
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. 200
IN WITNESS WHEREOF, this Agreement is executed on the day and year first above written.

CITY OF VISALIA CONSULTANT
___________________________ ___________________________ City Manager Melissa Brandley, CFO, Secretary
Approved as to Form
__________________________________
City Attorney
_________________________________
Risk Manager
__________________________________
Project Manager
Attachments:
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Exhibit “A”: Scope of Work
The solicited scope of services includes, but is not limited to, the following tasks:
 Assist in preparation and development of the Airport Capital Improvement Plan (ACIP).  Prepare necessary applications and documentation for Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant funding.
 Architecture, landscape architecture, and associated engineering; airfield civil and electrical engineering for ACIP projects including Terminal, Runways, and Taxiways and associated tasks.  Architecture, landscape architecture, and associated engineering for projects in addition to the ACIP, such as hangars, parking lots, and other airport projects as may be deemed appropriate.  Comprehensive Land Use Studies.
 Cat Ex environmental studies
 Miscellaneous airport engineering and consulting support services as may be required from time to time by the City of Visalia. These consultant services may include representing the City in discussions with FAA regarding the work program, grant requirements and project documentation.  Current AIP Projects funded and under construction include:
o Pavement Maintenance Management Plan (PMMP)
o Replacement Airfield Sweeper
o Reconstruct Taxilane A, Mark T/W E Connector with No-Taxi Island Design Phase  Future AIP projects include but are not limited to:
o Architectural Design Reconstruct General Aviation Terminal o Reconstruct Taxilane A, Mark T/W E Connector with No-Taxi Island Construction Phase o Reconstruct Tiedown Apron A3 Design and Construction Phase o Reconstruct Hangar H1 Taxilanes Row 3,4,7 and Hangar H2 Row 9 Design and Construction Phase
o Reconstruct General Aviation Terminal Building
o New Midfield Apron Development Phase 1 Design and Construction Phase o Expand West Cargo Apron, New Taxiway Connector Design and Construction Phase o Other miscellaneous airport engineering projects
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Exhibit “B”: Projected Upcoming Airport Projects
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Exhibit “C”

BRANDLEY ENGINEERING

STANDARD BILLING RATES
JANUARY 2025
Personnel
Principal Engineer ...........................................$300.00/Hour Senior Engineer...............................................$190.00/Hour Junior Engineer ...............................................$130.00/Hour Senior Drafter..................................................$120.00/Hour Junior Drafter ..................................................$100.00/Hour Laboratory Technician.......................................$90.00/Hour Laboratory Apprentice .......................................$50.00/Hour Project Administrator.......................................$100.00/Hour Clerical ..............................................................$85.00/Hour Resident Engineer......................................... $200.00/Hour* Senior Inspector ............................................ $180.00/Hour* Apprentice....................................................... $95.00/Hour* Travel and Vehicle Rental
Per Diem ............................................................ $230/Day** Vehicle Rental ............................$50.00/Day + $0.70/Mile*** Subconsultants
Consulting Services, Testing Services................Cost + 10% *Resident Engineer, Senior Inspector and Apprentice rates subject to change based on future increases to published DIR Prevailing Wage Rate
**Subject to change based on U.S. General Services
Administration (GSA) Per Diem Rates plus applicable taxes. ***Subject to change based on IRS standard rate for mileage 204
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Visalia City Council
707 W. Acequia
Visalia, CA 93291 Visalia City Council
Legislation Details (With Text)
File #: Version: 24-0460 1
Type: Consent Item Agenda Ready Status:

File created: In control: 10/21/2024 Visalia City Council On agenda: Final action: 11/4/2024
Title: Authorization of an Amendment and Extension to Professional Services Agreement - Authorize the City Manager to enter into an amendment with Brandley Engineering for engineering services associated with the acquisition of a replacement airfield sweeper in the amount of $36,200, and extend the Professional Services Agreement with the City of Visalia to include the completion of the in -progress replacement airfield sweeper acquisition, pavement maintenance management plan, and new terminal design project.

Sponsors:

Indexes:

Code sections:

Attachments: 1. Brandley Engineering Professional Services Agreement, 2. Airfield Sweeper Project Cost Summary,

3. City Council Staff Report: September 3, 2024, 4. City Council Staff Report: November 4, 2019 Date Action Result Ver. Action By
Agenda Item Wording:

Authorization of an Amendment and Extension to Professional Services Agreement - Authorize the City Manager to enter into an amendment with Brandley Engineering for engineering services associated with the acquisition of a replacement airfield sweeper in the amount of $36,200, and extend the Professional Services Agreement with the City of Visalia to include the completion of the in-progress replacement airfield sweeper acquisition, pavement maintenance management plan, and new terminal design project.

Deadline for Action: None
Submitting Department: Administration - Airport
Contact Name and Phone Number:

Jody Miller, Airport Manager, (559)713-4282, [email protected] John Lollis, Assistant City Manager, (559)713-4323, [email protected] Department Recommendation:

Staff recommends that the City Council authorize the City Manager to enter into a contract amendment with Brandley Engineering for previously proposed scope of work for $36,200. This work was not specifically listed in the Professional Services Agreement with the City, however, it does fall under its purview specifically in line items 4 (Preparation of applications for State and Federal Aid), 7 (Preliminary engineering studies, designs, and cost estimates), and 11 (All engineering consultation required by the City) found on pages two (2) and three (3) of the attached agreement. Additionally, staff recommends that the agreement be extended to include the completion of the projects currently in-progress, including replacement airfield sweeper acquisition, pavement maintenance management Visalia City Council Page 1 of 3 Printed on 11/5/2025
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File #: 24-0460, Version: 1
plan (PMMP, CP0572) and new terminal design project.

Background Discussion:

At its meeting on November 4, 2019, the Council authorized a Professional Services Agreement between the City and Brandley Engineering for the purpose of providing Airport engineering design services and project management for a 5-year contract period. The projects that Brandley administers for the Airport, as well as the vast majority of the Airport’s Capital Improvement Program (CIP) projects, are federally funded. On page 2 of the attached Agreement under Article II. Duties of Engineer, Preparation of applications for State and Federal Aid, preliminary engineering studies, designs and cost estimates, and all engineering consultations required by the City are listed as under Brandley’s purview.

At its meeting on September 3, 2024, the Council acted to conditionally accept Federal funds in the amount of $385,999 that would fund ninety percent (90%) of the airfield sweeper acquisition project, from which $36,200 would be paid to Brandley Engineering. This amount was already contained in the requested budget appropriation, so no additional funds are being requested.

The Agreement between the City and Brandley Engineering is set to expire at the end of 2024, and staff believes that an extension of this agreement, to include those projects already in-progress (including the airfield sweeper replacement acquisition, PMMP, and the design of a replacement airfield terminal), would allow these projects to be completed in the most efficient and cost-effective manner. Airport staff have begun preliminary work on the Request for Qualifications (RFQ) process for the next professional services agreement for Airport engineers, which this requested specific extension would not affect.

Fiscal Impact:

There is no additional fiscal impact associated with the amendment of the Agreement between Brandley Engineering and the City, as all funds necessary for the replacement airfield sweeper acquisition have already been appropriated
Prior Council Action:

November 4, 2019: Council authorized an annual agreement with Brandley Engineering for the purpose of providing airport engineering design services and project management, for a 5-year contract period.

September 3, 2024: Council authorized staff to conditionally accept $385,999 in Federal Aviation Administration grant funds and appropriate additional funds of $162,032 for the airport sweeper replacement acquisition.

Alternatives: City Council could act to not authorize expanded scope of work with Brandley Engineering, and Airport Staff would explore other avenues to complete the in-progress Airport projects.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the City Manager to enter into a contract amendment with Brandley Engineering for engineering services associated with the acquisition of a replacement airfield sweeper in the amount of $36,200, and extend the Professional Services Agreement with the City to include the completion of projects currently in-progress, including the replacement airfield sweeper acquisition, pavement maintenance management plan, and new terminal design project.

Visalia City Council Page 2 of 3 Printed on 11/5/2025
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File #: 24-0460, Version: 1
Environmental Assessment Status: NA.

CEQA Review: N/A
Attachments: . 1. Brandley Engineering Professional Services Agreement

2. Airport Sweeper Replacement Cost Breakdown

3. City Council Staff Report: September 3, 2024

4. City Council Staff Report: November 4, 2019
Visalia City Council Page 3 of 3 Printed on 11/5/2025
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0499 Agenda Date: 11/17/2025 Agenda #: 15.

Agenda Item Wording:

Authorize Contract for Security Services - Authorize the City Manager to enter into a contract for security services for Transit, Parks and Facilities, Convention Center, Water Reclamation Facility, and other miscellaneous City needs or special events.

Deadline for Action: 11/17/2025
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina Baker, Transit Manager, [email protected], (559) 713-4591 John Lollis, Assistant City Manager, [email protected], (559)713-4323 Department Recommendation:

Authorize the City Manager to award a one-year contract for security services to Falcon Security to provide regularly scheduled security services for Transit, Parks and Facilities (Downtown parking structures), Convention Center, Water Reclamation Facility, and other miscellaneous City needs or special events at the rate of $24.00 per security hour not to exceed $600,000 for one year.

Summary:

At its meeting on March 3, 2025, staff presented an item (25-0010) to the City Council to award a security contract to Val Security for $470,000 annually. The selection of this vendor was made after staff conducted a competitive Request for Bids (RFB No. 23-24-41) and Val Security was the successful bidder. This contract went live in April 2025 with many City Divisions transitioning over to the new contract. On Friday, October 24, 2025, City staff was notified that Val Security had filed for bankruptcy, and that effective immediately Val Security would no longer be providing services at any City facility.

Background Discussion:

With the sudden departure of the current security contractor Val Security, there was a critical void for service that needed to be filled immediately. City staff reached out to the previous contractor Falcon Security, whose contract had just terminated in April 2025, to gauge their ability to provide emergency security services to the City. Not only does Transit and the Downtown parking structures rely on 24- hour security services, but the Convention Center had multiple events scheduled that day and weekend that required an active security presence. Falcon Security responded immediately, providing security guards for the City’s events beginning the very same day and met all City requirements. At this time, City staff is requesting that Council authorize a one-year contract to Falcon Security while the City prepares a new RFB.

Transit
The Transit Division has maintained a security services contract for many years, the most recent Visalia City Council Page 1 of 3 Printed on 11/14/2025
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File #: 25-0499 Agenda Date: 11/17/2025 Agenda #: 15.

The Transit Division has maintained a security services contract for many years, the most recent contract with Falcon Security which was implemented in April 2019 and expired in March 2024. The contract continued on a month-to-month basis until the RFB was released to the public. Transit made several changes from the previous contract, with the most significant change being to the hours that security would be on Transit Center property and the adjacent Administration building.

In recent years, Transit has seen a rise in incidents, theft, and vandalism of the Transit Center and adjacent Administration building, which is also owned by Transit and covered by the security contract.

Given the rise in incidents, the decision was made to contract security services on Transit property on a 24-hour/7-days per week basis. Another change is the additional requirement of security guards to utilize the Transit Radio Frequency Identification (RFID) security probe system which requires the guards to follow a path with a probe device at least once per hour around the Transit Center and Administration building properties. Guards will use the probe device to tap the RFID tags in various locations on the properties, and that data will be transmitted to a report. This will allow Transit staff to ensure that guards are patrolling both properties at least once per hour and maintaining a visible presence.

Parks and Facilities - Parking Structures
The Parks and Facilities Division oversees the maintenance and security of the two (2) Downtown parking structures. The previous security services contract for the parking structures was awarded to Val Security by the City Council at its meeting on November 16, 2020. During the past four (4) years of the contract, staff found areas in the scope of services that needed to be updated to address issues that have been arising within the parking structures, as well as in the breezeway and courtyard of the adjacent Convention Center. Some of these issues are vandalism, drinking of alcoholic beverages, and large parties congregating on the top floor of the 300 E. Acequia Avenue parking structure. There were also issues with City staff’s ability to monitor security guards on duty and the frequency of security checks at each level of the parking structures. To address these issues, staff did not renew the fifth year of the current contract and have updated the scope of services to include RFID checkpoints, mandatory reports that must be submitted along with monthly meetings with the project manager, and designated break and meal periods to ensure coverage of the parking structures and adjacent Convention Center.

Convention Center
To mitigate incidents and issues in and around the Convention Center, enhanced security measures are necessary to ensure the safety of guests, staff, and vendors. Increased security presence helps to prevent unauthorized access, property damage, and potential disturbances that could impact event operations and guest experience. A proactive approach to security protects the facility’s reputation, maintain business continuity, and provide a secure environment for attendees. This service will only be utilized when requested and will be charged back to the customer.

Water Reclamation Facility
The Water Reclamation Facility (WRF) requires on-site security patrols during non-working hours to safeguard critical infrastructure and deter unauthorized access. As a remote facility containing highvalue equipment, hazardous chemicals, and sensitive control systems, the WRF is vulnerable to theft, vandalism, and potential tampering when staff are not present. A security guard is needed to conduct regular perimeter checks, verify that gates and doors are secured, and respond to alarms or suspicious activity in real time. After-hours patrols also provide an immediate presence to address issues such as trespassing, illegal dumping, or utility tampering, which can pose serious operational and environmental risks. Having a trained guard on-site during off-hours enhances situational Visalia City Council Page 2 of 3 Printed on 11/14/2025
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File #: 25-0499 Agenda Date: 11/17/2025 Agenda #: 15.
and environmental risks. Having a trained guard on-site during off-hours enhances situational awareness, supports rapid response in the event of emergencies such as power failures or intrusions, and ensures the continuous protection of City assets and public infrastructure.

Fiscal Impact:

Security services are budgeted in each operations budget. Staff is estimating the total not to exceed amount for all services to be $600,000. The increase of $130,000 is due to the Wastewater and special events being on a separate contract in past. This is distributed as $295,000 for Transit, $155,000 for Parks and Facilities, $120,000 for the Water Reclamation Facility, $20,000 for Convention Center, and $10,000 for special events.

Prior Council Action:

March 3, 2025: Award of Contract for Security Services (25-0010) Other: N/A
Alternatives:

City Council could not authorize security services.

Recommended Motion (and Alternative Motions if expected):

Authorize the City Manager to award a one-year contract for security services to Falcon Security to provide regularly scheduled security services for Transit, Parks and Facilities (Downtown parking structures), Convention Center, Water Reclamation Facility, and other miscellaneous City needs or special events at the rate of $24.00 per security hour not to exceed $600,000.

Environmental Assessment Status: N/A
CEQA Review: N/A
Attachments:

1. Award of Contract for Security Services (25-0010)
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Visalia City Council
707 W. Acequia
Visalia, CA 93291 Visalia City Council
Legislation Details (With Text)
File #: Version: 25-0010 1
Type: Consent Item Agenda Ready Status:

File created: In control: 2/3/2025 Visalia City Council On agenda: Final action: 3/3/2025
Title: Award of Contract for Security Services - Authorize the City Manager to enter into a contract for security services for Transit, Parks and Facilities, and the Convention Center to Val Security Incorporated, for an initial term of one (1) year with four (4) one-year extensions at the option of the City not to exceed $470,000 in year one with allowances for annual CPI increases in years 2 through

5. Sponsors:

Indexes:

Code sections:

Attachments: 1. RFB No. 23-24-41, 2. RFB No. 23-24-41 - Addendum No. 1, 3. RFB No. 23-24-41 - Addendum No. 2, 4. EXHIBIT D-1: Scope of Services - Transit Division, 5. EXHIBIT D-2: Scope of Services - Parking Structures, 6. EXHIBIT D-3: Transit Center Rules
Date Action Result Ver. Action By
Agenda Item Wording:

Award of Contract for Security Services - Authorize the City Manager to enter into a contract for security services for Transit, Parks and Facilities, and the Convention Center to Val Security Incorporated, for an initial term of one (1) year with four (4) one-year extensions at the option of the City not to exceed $470,000 in year one with allowances for annual CPI increases in years 2 through

5. Deadline for Action: 3/3/2025
Submitting Department: Administration - Transit Division Contact Name and Phone Number:

Angelina DeRossett, Transit Manager,[email protected] (559)713-4591; Alvin Dias, Parks and Facilities Manager,[email protected] (559)713-4564; John Lollis, Assistant City Manager, [email protected], (559)713-4323
Department Recommendation:

Authorize the City Manager to award a contract for security services to Val Security Incorporated from Vallejo, CA, providing regularly scheduled security services for the Transit Division, the Convention Center Division and the Parks and Facilities Division Downtown parking structures.

Background Discussion:

Staff conducted a competitive Request for Bids (RFB) process (RFB No. 23-24-41 attached) for security services at the Transit Center and Downtown parking structures and Convention Center.

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File #: 25-0010, Version: 1
There were eighteen (18) responsive bids received, with Val Security submitting the lowest bid. The structure of the hourly rate is made up of three separate rates with $19.98 being the individual base rate for each of the divisions. The responses are as follows:

Bidder's Name Location Total bid
Amount
Val Security Vallejo, CA $59.94
Sky Power Secure Solutions Gardena, CA $65.65
Access Control Security Chatsworth,
CA
$66.00
Bravo Security Services Sacramento,
CA
$69.00
American Global Security Chatsworth,
CA
$69.47
Unified Protective Services Hawthorne,
CA
$70.87
Brapga Security Systems West Covina,
CA
$71.55
Citiguard West Hills, CA$72.00
iGuard Protective Services- Hollywood,
CA
$72.50
Allite Patrol and Security
Services
Reseda, CA $74.64
Triumph Protection Vacaville, CA $78.00
Galga Security Services Fresno, CA $85.50
Peralta Associates & Defense Whittier, CA $86.00
Allied Universal Protection
Services
Fresno, CA $92.08
St. George Private Security Clovis, CA $100.44
Vigilant Private Security Fresno, CA $105.37
Kappia Security Sacramento,
CA
$135.00
Security Services Northwest Sequin, WA $165.00
Transit
The Transit Division has maintained a security services contract for many years, the most recent contract with Falcon Security which was implemented in April 2019 and expired in 2024. The contract continued on a month-to-month basis until the RFB was released to the public. Transit has made some changes from the previous contract, with the most significant change being to the hours that security will be on Transit Center property and the adjacent Administration building.

In recent years, Transit has seen a rise in incidents, theft, and vandalism of the Transit Center and adjacent Administration building, which is also owned by Transit and secured by the security contract.

Given the rise in incidents, the decision has been made to contract security services on Transit Visalia City Council Page 2 of 5 Printed on 11/5/2025
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File #: 25-0010, Version: 1
property on a 24 hours/7 days per week basis. Another change is the additional requirement of security guards to utilize the Transit Radio Frequency Identification (RFID) security probe system which will require the guards to follow a path with a probe device at least once per hour around the Transit Center and Administration building properties. Guards will use the probe device to tap the RFID tags in various locations on the properties, and that data will be transmitted to a report. This will allow Transit staff to ensure that guards are patrolling both properties at least once per hour.

This cost aligns closely to what Transit is currently paying for both daytime and nighttime security services. The breakdown of the Transit Center guard cost is as follows:

Transit Center
hourly rate
1 guard 24 hours 2nd guard 16 hours Total
Hourly rate $19.98 $479.52 $319.68
Weekdays 261 $125,154.72 $83,436.48 $208,591.20
Weekends 104 $49,870.08 $33,246.72 $83,116.80
Total Annually $291,708.00
Parks and Facilities - Parking Structures
The Parks and Facilities Division oversees the maintenance and security of the two (2) Downtown parking structures. The previous security services contract for the parking structures was awarded to Val Security by the City Council at its meeting on November 16, 2020. During the past four (4) years of the contract, staff have found areas in the scope of services that needed to be updated to address issues that have been arising within the parking structures, as well as in the breezeway and courtyard of the adjacent Convention Center. Some of these issues are vandalism, drinking of alcoholic beverages, and large parties congregating on the top floor of the 300 E. Acequia Avenue parking structure. There were also issues with City staff’s ability to monitor security guards on duty and the frequency of security checks at each level of the parking structures. To address these issues, staff did not renew the fifth year of the current contract and have updated the scope of services to include RFID checkpoints, mandatory reports that must be submitted along with monthly meetings with the project manager, and designated break and meal periods to ensure coverage of the parking structures and adjacent Convention Center.

Staff believes that with the updates to the proposed contract, staff will be better enabled to address the issues that were identified in the previous contract and able to reduce these issues, while holding the security contractor more accountable. The contractor will be required to meet the duties outlined in the updated scope of service or face potential termination.

The cost for security services at both parking structures and the convention center plaza and breezeway for 10 hours per day is $153,154. Each structure cost is $76,577.

Convention Center
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File #: 25-0010, Version: 1
Due to the rise in homeless activity around the Convention Center, enhanced security measures are necessary to ensure the safety of guests, staff, and vendors. Increased security presence will help prevent unauthorized access, property damage, and potential disturbances that could impact event operations and guest experience. A proactive approach to security will protect the facility’s reputation, maintain business continuity, and provide a secure environment for attendees. This service will only be utilized when requested and will be charged back to the customer.

Up until this point, these security contracts have been separate, with each Division managing its own contract, but staff determined to consolidate the contracts to encourage a more robust response in bids, which was successful as the Purchasing Division received eighteen (18) responsive bidders, with the lowest bidder being Val Security. Staff performed reference checks and received positive responses from Val Security references.

At this time staff is including an estimated $20,000 within the ‘not to exceed’ contractual amount for Val Security to give Convention Center staff time to develop a budget and take the cost through the rates and fees process so that the security cost can be passed on to convention center customer through the venue booking/leasing agreements.

Fiscal Impact:

Security services is budgeted in the Transit Operations division and in the Parking Lot/Structure division which is funded by the General Fund. The total not to exceed for these two divisions is $460,000. This is broken out as $295,000 for Transit and $155,000 for parking structures.

In addition, this contract will include an additional $20,000 in the ‘not to exceed’ amount for the Convention Center usage. Staff is currently reviewing the current rates and fees to determine if this can be added to the venue costs and paid for by the Convention Center through booking fees.

Prior Council Action:

1. April 1, 2019: Award of Contract for Security Guard Services for Transit Center Properties/Facilities to Falcon Private Security

2. November 16, 2020: Award of Contract for Security Guard Services for Downtown Parking Structures to Val Security Incorporated
Other:

N/A
Alternatives:

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

I make the motion to authorize the City Manager to award a contract for security services for Transit, Parks and Facilities, and the Convention Center to Val Security Incorporated, for an initial term of one (1) year with four (4) one-year extensions at the option of the City not to exceed $470,000 in year one with allowances for additional annual CPI increases in years 2 through 5.

Environmental Assessment Status:

N/A
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File #: 25-0010, Version: 1
CEQA Review:

N/A
Attachments:

RFB No. 23-24-41
RFB No. 23-24-41 - Addendum No. 1
RFB No. 23-24-41 - Addendum No. 2
Exhibit D-1: Scope of Services - Transit Division
Exhibit D-2: Scope of Services - Downtown Parking Structures Exhibit D-3: Transit Center Rules
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0507 Agenda Date: 11/17/2025 Agenda #: 16.

Agenda Item Wording:

Award a Sole Source Installation of a Sludge Collection System - Authorize a sole source contract for the installation of a sludge collection system at the Visalia Water Reclamation Facility to W.M. Lyles Co. in the amount of $218,842; and appropriate $215,000 from the Wastewater Fund.

Prepared by:

Ben Litwack, Public Works Manager, (559)713-4671, [email protected] Nick Bartsch, Public Works Director, (559)713-4052, [email protected] Department Recommendation: Staff recommends that the City Council authorize a sole source contract to W.M. Lyles Co. in the amount of $218,842 for the installation of the sludge collection system at the Visalia WRF and the appropriation of $215,000 from the Wastewater Fund.

Summary:

The Visalia WRF’s chain-and-flight sludge collection system in Primary 1 failed during the basin’s annual maintenance drain-down, rendering it inoperable. The City previously procured a replacement collector assembly, but installation was deferred due to other maintenance priorities. W.M. Lyles Co., already onsite for ongoing WRF capital improvements, has provided a proposal to complete the installation. Issuing a sole source purchase order allows the City to expedite repairs using an experienced contractor already mobilized under an active capital project.

Background Discussion:

The Visalia WRF operates five primary sedimentation basins that settle suspended solids as part of the wastewater treatment process. Each basin utilizes a chain-and-flight sludge collector system that conveys settled solids to a sludge hopper for pumping to the digesters. Over the past several years, the City has methodically replaced these collector systems, four of which have already been modernized.

Primary 1 remains the only basin with its original system. Approximately one month ago, during annual maintenance activities, the old collector system failed catastrophically when the basin was drained, leaving the basin out of service. The City had previously purchased the replacement equipment more than a year ago but deferred installation while addressing other plant priorities.

W.M. Lyles Co. is currently onsite performing construction under the Solids Handling Improvement Project, which involves substantial mechanical work within the same operational area. Their mobilization, safety orientation, and familiarity with WRF operations make them uniquely qualified to complete this critical work quickly and safely. Installing the new collector system through W.M. Lyles Co. as a sole source purchase will ensure continuity of operations and minimize downtime without incurring the cost and delay of bidding a separate project.

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File #: 25-0507 Agenda Date: 11/17/2025 Agenda #: 16.

The sole source justification is based on the following:
· Specialized expertise and mobilization: W.M. Lyles Co. is already mobilized at the WRF with the necessary safety clearances, equipment, and subcontractors to perform the work efficiently.
· Continuity of operations: Utilizing the existing onsite contractor avoids schedule delays and added mobilization/demobilization costs associated with a separate contractor. · Proprietary installation coordination: The new collector system interfaces with mechanical and structural elements currently under construction by W.M. Lyles Co., making them best positioned to integrate the installation seamlessly.

Fiscal Impact: W.M. Lyles submitted a proposal to install the collection system for a total of $218,842. Currently, $25,000 is budgeted in the Wastewater Fund (431) Capital project CP9362 - Annual Primary Clarifier Overhaul. Staff is requesting an additional appropriation of $215,000 to cover the budget shortfall, hauling costs, and any small change orders that may occur from the Wastewater Fund (Fund 431).

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

I move to authorize the City Manager to issue a sole source purchase order to W.M. Lyles Co. in the amount of $218,842 for the installation of the sludge collection system at the Visalia WRF and the appropriation of $215,000 from the Wastewater Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments:

Signed Levine Act and Disclosure
W.M. Lyle’s Proposal
Agreement
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Central Division - Fresno Office
1210 W. Olive Avenue
Fresno, CA 93728
Telephone (559) 268-1540
Fax (559) 268-0420
www.wmlyles.com
An Equal Opportunity Employer
DIR #1000001448
Corporate Office: 525 W. Alluvial, Fresno, CA 93711 Telephone: (559) 441-1900 • Fax (559) 487-7958 Bakersfield (661) 387-1600 I Fresno (559) 268-1540 I Temecula (951) 973-7393 I Sacramento (916) 375-1833 I Visalia (559) 651-1450 California Contractor’s License No. 422390
Date: November 3, 2025
To: City of Visalia
707 West Acequia Avenue
Visalia, CA 93291
Attn: Eric Oates
Re: City of Visalia Water Conservation Plant - Remove & Replace Chain and Flight Mechanical Components in Primary Settling Basin #1
Mr. Oates,
In response to your request, we are pleased to make the following proposal:

We will furnish all labor, equipment and materials for project as described below:

Scope of Work

1. Remove existing collector chain and install a new chain (Owner Furnished)

2. Remove existing anchors, mounts, and brackets and install new anchors, mounts, and brackets (Owner Furnished)

3. Remove existing drive chain and install a new drive chain. (Owner Furnished)

4. Remove existing drive unit and install a new drive unit (Owner Furnished)

5. Remove existing wear strips and install new wear strips (Owner Furnished).

6. Remove existing shafts, sprockets, bearings, and Install new shafts, sprockets, and bearings. (Owner Furnished)

7. Remove existing flights and install new flights (Owner Furnished)

8. Remove existing push plates and install new push plates (Owner Furnished) Project Specific Clarifications

1. The City of Visalia has drained and cleaned the basins. The basins are to remain empty so the Contractor can safely remove and replace components. This proposal is valid for 30 days.

2. Existing anchors are assumed to be cut flush with the concrete surface and left in place without removal or further modification.

3. This proposal includes payment and performance bonds.

4. Schedule of work is subject to an approved agreeable schedule between the owner and W. M. Lyles Co.

5. This is based on mutually agreeable contract terms and conditions. W. M. Lyles Co. reserves the right to modify this pricing after review of contract verbiage.

6. This proposal is based on standard 8-hour work days. No overtime, weekend, or holiday work has been allowed.

Item Description Qty Unit Total Price
1 Remove and Replace Chain of Flight Mechanical Components in Primary Settling Basin #1 1 LS $218,842.00
TOTAL $218,842.00
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7. This proposal does not include any environmental allowances in the event that special-status plants or species are discovered, or the actions that will be required if such event occurs.

8. This pricing is based on the following exclusions:
a. Pumping/draining and cleaning of primary settling basin #1. b. Any concrete work (i.e., concrete pipe supports)
c. All third-party testing and inspections including but not limited to:
i. Concrete sampling, cylinders, and testing
ii. Compaction testing
iii. Special inspections.
d. Liquidated damages and/or acceleration.
e. All permits and associated fees including but not limited to:
i. Storm water pollution prevention plan, permits, fees or implementation. ii. Dust control plan, permits, fees.
iii. California Regional Water Quality Control Board permits, fees, discharge requirements iv. Encroachment permits
f. Purchasing, hauling, and/or disposal of construction and testing water. g. Survey including, but not limited to:
i. Survey monument preservation/replacement.
ii. Any Initial or final survey.
iii. Control, layout, and staking.
h. American Iron & Steel (AIS), Buy America, Buy American or any similar domestic material requirements. i. Performance Guarantees.

Project Specific Clarifications

1. We reserve the right to request financial data to support the Owner's ability to make timely payments for our work and will not start our scope of work until we have received evidence, to our satisfaction, that there are sufficient funds set aside to pay for the work performed and directed. The Owner shall be obligated to disclose all potential lien rights and/or financing party information on the property.

2. This proposal is conditioned upon the use of an industry standard Contract and we reserve the right to suggest and make contractual changes to any Contract with good faith and direct negotiations.

3. This proposal includes costs for typical insurance policies: General Liability ($2 million/$4 million) and Automobile ($2 million) with additional insured as requested along with standard Worker's Compensation ($1 million) coverage. Additional insurance coverage that is requested or any payment of deductibles may be at an additional cost.

4. By law, the duty to indemnify shall not extend to the acts of willful misconduct, active, passive, or sole negligence, on the part of the Owner or anyone associated with him including design or engineering work submitted for our Scope.

5. If hazardous materials, unsuitable ground conditions, change in soil conditions or concealed conditionals are encountered, we will cease all operations and the Owner will determine the nature and extent of such conditions, and will recommend the nature and extent of remediation. Any hazardous materials, unsuitable ground conditions, change in soil conditions or concealed conditions that are encountered shall be considered "extra work" under an approved Change Order.

6. Any authorized cost plus or force account work shall be completed under written direction per the agreed time and material section within the contractual documents or in absence, using our annual and most current labor and equipment rates along with our time and material calculation sheet. 226

7. Any and all claims, controversies or disputes arising out of or relating to this agreement, or the breach thereof, which remain unresolved after good-faith and direct negotiations between the on-site Project Managers and after with the Corporate Officer(s) and authorized representative of the Owner (parties), shall then be submitted to confidential mediation with written. notice in accordance with the rules and procedures for mediation then in effect under either JAMS for Mediation or the Construction Industry Mediation Rules of the American Arbitration Association. Continuing claims, controversies or disputes thereafter shall be submitted to binding Arbitration as allowed by California Law.

8. Monthly payments shall be agreed in the final executed contractual documents or as follows; Within 45 days of receipt of approved invoice, less 5% retention until 35 days after work is completed and accepted by CITY as evidenced by the recordation of a Notice of Completion. Late payments shall incur an interest charged by law or at a minimum rate of eighteen percent (18%) per annum on past-due accounts.

9. Contractor warrants to Owner that all materials and equipment furnished shall be new unless otherwise specified and that all work under this Agreement will be performed in a good and workmanlike manner, shall be of good, quality, free from faults and defects for a period of one (1) year from the date of W.M. Lyles Co.'s scope of work completion.

10. All contractual correspondence and payments shall be directed to our Corporate Office at P.O. Box 4377, Fresno, CA 93744.

Thank you for the opportunity in submitting this proposal.

W. M. Lyles Co.

Erick Baeza
Erick Baeza
Project Engineer
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Installation of a Sludge Collection System in Primary Clarifier 1 At the Visalia Water Reclamation Facility
(Wastewater Operations Division)
This Project 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 W.M.

Lyles, Co., hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is a Corporation with a primary business address of 1210 W. Olive Avenue Fresno, CA 93728 and SSN or EIN: 77-0004110; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, CITY desires completion of the Installation of a Sludge Collection System in Primary Clarifier 1 at the Visalia Water Reclamation Facility, (the “Project”); which was approved by the Visalia City Council on November 17, 2025, and
WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete this Public Works Project pursuant to terms and conditions of this Agreement; and WHEREAS, CONTRACTOR agrees to abide by the requirements of the City of Visalia Labor Compliance Manual, the State of California Department of Industrial Relations requirements and California Labor Codes and City of Visalia Change Order Committee review process; and WHEREAS, Contractor acknowledges this is a public works project and work performed under this contract is subject to payment of State Prevailing wages, project registration with the Department of Industrial Relations and monitoring by the Labor Commissioner; and WHEREAS, Contractor agrees to obtain and maintain the minimum insurance coverage outlined Exhibit Attachment 2 of this Agreement and shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work on the project; and WHEREAS, Contractor agrees to supply to the City of Visalia: 1) a “Performance Bond” and 2) a “Payment Bond”, each in the amount of 100% of the contract prior to City issuing a Purchase Order for project. According to City standard the surety company must be either a California Admitted Surety to its specified dollar limitation AND a current A.M. Best A: VIII rated surety. The Performance bond shall remain in force for one year after the date of completion.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The indemnification and defense provisions shall survive expiration and termination. Suspension or termination of this Agreement may occur if CONTRACTOR materially fails to comply with any term of the award. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this 228
Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 Contract General Provisions
Attachment 2 Insurance Requirements
Attachment 3 Contractor’s Proposal
Attachment 4 City of Visalia Labor Compliance Manual

3. CONTRACTOR SCOPE OF SERVICES:

CONTRACTOR shall provide all services/products as identified in Attachment 3, (Scope of Work) for the stated price in Attachment 3, on or before any stated completion dates.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Register Project with Department of Industrial
Relations
Prior to Issuance of City Purchase Order
Pay Contractor as work is completed and invoiced Within 30 days of receipt of approved invoice, less 5% retention until 35 days
after work is completed and accepted by
CITY as evidenced by the recordation of
a Notice of Completion.

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay no more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

Total Compensation: $ Not to Exceed $218,842.00
Payment Schedule: Within 30 days from receipt of approved invoice for completed work, less 5% retention as described above.
229
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
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Attachment 1 - CONTRACT GENERAL PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.

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

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

CITY OF VISALIA W.M. Lyles Co.
707 W. Acequia Ave. ___________________________
Visalia, CA 93291 ___________________________
Attention: City Clerk Attention: _____________
D. Independent Contractor: It is understood and agreed by the parties herein that CONTRACTOR, in the performance of this Agreement, shall act as an independent contractor, and therefore shall obtain no rights to any fringe benefits that accrue to regular full-time CITY employees.

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

F. Integration/Modification: This Agreement and each of the documents and exhibits or attachments referenced herein, which are incorporated by reference, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder.

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

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

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

I. Guarantees and Warranties:

1. IN GENERAL: All guarantees and warranties specifically called for by the specifications and/or this Agreement shall expressly run to the benefit of the CITY. 231

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

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

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

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

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

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

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

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

J. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
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K. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.

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

M. Executive Order N-6-22 – Russia Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions.

Accordingly, should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Contractor advance written notice of such termination, allowing Contractor at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

N. Time is of the Essence: Time is of the essence in the performance of the construction anticipated by this Contract.
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Attachment 2 - CONTRACT INSURANCE REQUIREMENTS

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

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

3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Automobile Liability Insurance for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g. owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. This insurance coverage shall not be required if vehicle used by CONTRACTOR is not a material part of performance of this Agreement.
c. Comprehensive or Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability

4. Other Insurance Provisions.

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

5. Endorsements.

All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
234
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
235
Contractor shall complete the following form and submit with final payment request.

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

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

Installation of a Sludge Collection System in Primary Clarifier 1 At the Visalia Water Reclamation Facility

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

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

Executed and sworn to this day of ,
(Day) (Month) (Year)
___________________________________ __________________
(Signature) (Date)
236
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0509 Agenda Date: 11/17/2025 Agenda #: 17.

Agenda Item Wording:

Award the Sole Source Purchase of a Replacement Membrane Bioreactor Train - Authorize the City Manager to approve the sole source purchase of replacement membrane and cassette upgrades at the Visalia Water Reclamation Facility to Veolia Water Technologies & Solutions in the amount of $981,240 and appropriate $245,000 from the Wastewater Fund.

Prepared by:

Ben Litwack, Public Works Manager, (559) 713-4671, [email protected] Nick Bartsch, Public Works Director, (559) 713-4052, [email protected] Department Recommendation: Staff recommends that Council authorize the City Manager to approve a sole source purchase order in the amount of $981,240 to Veolia Water Technologies & Solutions for the replacement of one membrane train and upgrade of cassette frames at the Visalia Water Reclamation Facility (WRF), and appropriate $245,000 from the Wastewater Fund.

Summary:

This item seeks approval to issue a sole source purchase order to Veolia for the replacement and upgrade of membrane modules and cassette frames for one train within the Visalia Water Reclamation Facility’s membrane bioreactor (MBR) system. The new ZW500EV-RX modules will replace the existing ZW500D membranes, which have reached the end of their useful life. Veolia is the original equipment manufacturer (OEM) of the City’s installed MBR system and the only qualified supplier of compatible replacement membranes and components.

Background Discussion:

The Visalia Water Reclamation Facility utilizes a membrane bioreactor system manufactured and supplied by Veolia (formerly GE Water and ZENON Environmental Corporation). The existing membranes, model ZW500D, were installed when the facility was commissioned in 2017 and have exceeded their typical seven- to eight-year service life.

Veolia has since discontinued the ZW500D model and replaced it with the more advanced ZW500EV -RX series. The proposed scope includes the supply of 308 new membrane modules factory-installed in six new cassette frames (five 56/56M and one 28/56M), along with all necessary installation hardware, lifting brackets, and replacement tools. Veolia will also provide off-site project management, documentation updates, and on-site technical support for installation and commissioning.

The total quoted amount of $981,240 includes materials, shipping, off-site support, on-site technical services, performance bond, and a two-year full replacement warranty.

A sole source purchase is justified because Veolia is the sole manufacturer and supplier of the proprietary ZeeWeed membrane modules, cassette frames, and related control software used in the Visalia City Council Page 1 of 2 Printed on 11/13/2025
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File #: 25-0509 Agenda Date: 11/17/2025 Agenda #: 17.
proprietary ZeeWeed membrane modules, cassette frames, and related control software used in the City’s membrane system. Replacement membranes or components from other manufacturers are not compatible with the existing system and would void the equipment warranty and performance guarantees.

Upgrading to the ZW500EV-RX cassettes provides a 24% increase in membrane surface area and energy efficiency without altering the plant’s existing footprint or hydraulics. The upgrade will maintain full compliance with the facility’s Waste Discharge Requirements and extend the useful life of the MBR process.

In addition, staff will use this installation to gauge the total time required to replace a full membrane train and to assess whether additional staffing or the use of a third-party contractor will be needed to complete the remaining train replacements over the next two fiscal years. This project will serve as the benchmark for planning future replacement work across the remaining trains.

Fiscal Impact: Currently, $750,000 is budgeted for the MBR changeout project that is budgeted in the Wastewater Fund (CP0582). Staff is requesting an additional appropriation of $245,000 to cover the short fall, hauling costs, plus any small change orders from the Wastewater Fund (431 Fund).

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

I move to authorize the City Manager to grant a sole source purchase order to Veolia Water Technologies & Solutions in the amount of $981,240 for membrane replacement and cassette upgrades at the Visalia Water Reclamation Facility (WRF) and appropriate $245,000 from the Wastewater Fund.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments:

Veolia Proposal
Sole Source Statement
Levine Act
Visalia City Council Page 2 of 2 Printed on 11/13/2025
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Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 1 of 35 Membrane Replacement & Upgrade Proposal
To: City of Visalia, also referred to here as
Buyer
Date: November 11, 2025
No. of Pages: 35 including cover
Attention: Ben Litwack Email: [email protected]
Plant
Address:
7579 Ave 288
Visalia, CA 93277 Telephone No.: 559 713 4671
From:

Jason Diamond
Regional Lifecycle Manager
Western USA
Email:

Cell No.:
[email protected]
905 399 7055
CC: Brian Villacorta (CHC)
Subject: Single Train Replacement & Upgrade
Proposal No.: 385225-3
Original Project No.: U-500243
Plant
Data:

Please provide corrections if inaccurate
Visalia Water Conservation Plant (WCP), municipal sewage treatment. Phase 1 : 10 trains, 7 fully populated cassettes (48M) + 1 x 46/48M LEAPmbr cassettes per train (trains 1-8); 7 fully populated (48M) + 1 x 44/48M LEAPmbr cassettes per train (trains 9-10) ; all trains with ZW500D 370ft² modules; all trains with 3 empty cassette slots.

Substantial completion: January 2017
239
Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 2 of 35 Proposal Provisos
This proposal has been issued based on the information provided by the customer and on information currently available to Veolia Water Technologies & Solutions at the time of proposal issuance. Any changes or discrepancies in site conditions, including but not limited to changes in system influent water characteristics, changes in environmental health and safety (EH&S) conditions, changes in the reissued state/provincial disposal system permit, changes in buyer financial standing, buyer requirements, or any other relevant change or discrepancy in the factual basis upon which this proposal was created may lead to changes in the offering, including but not limited to changes in pricing, guarantees, quoted specifications, or terms and conditions.

Confidential and Proprietary Information
The enclosed materials are considered proprietary property of Veolia Water Technologies & Solutions (Veolia). No assignments, either implied or expressed, of intellectual property rights, data, know how, trade secrets or licenses of use thereof are given. All information is provided exclusively to the addressee and agents of the addressee for the purposes of evaluation and is not to be reproduced or divulged to other parties, nor used for manufacture or other means, without the express written consent of Veolia. The acceptance of this document will be construed as an acceptance of the foregoing.

Trademarks
The following are trademarks of Veolia Water Technologies & Solutions and may be registered in one or more countries:
+100, ABMet, Absolute.Z, Absolute.Za, AccuSensor, AccuTrak, AccuTrak PLUS, ActNow, Acufeed, ALGAECAP, AmmCycle, Apogee, APPLICATIONS ATLAS, AquaFloc, AquaMax, Aquamite, Aquaplex, AquaSel, Aquatrex, Argo Analyzer, AutoSDI, BENCHMARK, Betz, BetzDearborn, BEV Rite, BioHealth, BioMate, BioPlus, BIOSCAN, Bio-Trol, Butaclean, Certified Plus, CheckPoint, ChemFeed, ChemSensor, ChemSure, CHEX, CleanBlade, CLOROMAT, CoalPlus, COMP-METER, COMP-RATE, COMS (Crude Overhead Monitoring System), Continuum, CopperTrol, CorrShield, CorTrol, Custom Clean, Custom Flo, Cyto3, DataGuard, DataPlus, DataPro, De:Odor, DELTAFLOW, DEOX, DeposiTrol, Desal, Dianodic, Dimetallic, Dispatch Restore, Durasan, DuraSlick, Durasolv, Duratherm, DusTreat, E-Cell, E-Cellerator, ELECTROMAT, Embreak, EndCor, EXACT, FACT-FINDER, Feedwater First, Ferrameen, Ferroquest, FilterMate, Fleet View, FloGard, Flotrex, Flotronics, FoamTrol, FoodPro, Fore4Sight, ForeSight, FRONTIER, FS CLEAN FLOW, FuelSolv, Full-Fit, G.T.M., GenGard, GEWaterSource, Glegg, Heat-Rate Pro, High Flow Z, HPC, HPD Process, HyperSperse, Hypure, Hytrex, InfoCalc, InfoScan, InfoTrac, InnovOx, InSight, IONICS, IONICS EDR 2020, IPER (Integrated Pump & Energy Recovery), iService, ISR (Integrated Solutions for Refining), JelCleer, KlarAid, Kleen, LayUp, Leak Trac, Leakwise, LEAPmbr, LEAPprimary, Learning Source, LOGIX, LoSALT, M-PAK, MACarrier, Mace, Max-Amine, MegaFlo, Membrex, MemChem, Memtrex, MerCURxE, MetClear, MiniWizard, MK-3, MOBILEFLOW, MobileRO, Modular Pro, ModuleTrac, MonitAll, Monitor, Monitor Plus, Monsal, MP-MBR, MULTIFLOW, Muni.Z, NEWater, NGC (Next Generation Cassette), Novus, NTBC (Non Thermal Brine Concentrator), OptiGuard, OptiSperse, OptiTherm, Osmo, Osmo PRO, Osmo Titan, Osmonics, Pacesetter, PaceSetter, Petroflo, Petromeen, pHlimPLUS, PICOPORE, PlantGuard, PolyFloc, PowerTreat, Predator, PRO E-Cell, Pro Elite, ProCare, Procera, ProChem, Proof Not Promises, ProPAK, ProShield, ProSolv, ProSweet, Purtrex, QSO (Quality System Optimization), QuickShip, RCC, RE:Sep, Rec-Oil, Recurrent, RediFeed, ReNEW, Renewell, Return on Environment, RMS (Rackless Modular System), ROSave.Z, SalesEdge, ScaleTrol, SeaPAK, SeaPRO, SeaSMART, Seasoft, SeaTECH, Selex, Sensicore, Sentinel, Sepa, Sevenbore, Shield, SIDTECH, SIEVERS, SmartScan, SoliSep, SolSet, Solus, Spec-Aid, Spectrus, SPLASH, Steamate, SteriSafe, Styrex, SUCROSOFT, SUCROTEST, Super Westchar, SuperStar, TFM (Thin Film Membrane), Therminator, Thermoflo, Titan RO, TLC, Tonkaflo, TraveLab, Trend, TruAir, TrueSense, TurboFlo, Turboline, Ultrafilic, UsedtoUseful, Vape-Sorber, VeriFeed, VersaFlo, Versamate, VICI (Virtual Intelligent Communication Interface), V-Star, WasteWizard, WATER FOR THE WORLD, Water Island, Water-Energy Nexus Game, WaterGenie, WaterNODE, WaterNOW, WaterPOINT, WellPro.Z, XPleat, YieldUp, Z-BOX, Z-MOD, Z-PAK, Z-POD, ZCore, ZeeBlok, ZeeLung, ZeeWeed, ZENON, and Z.Plex.
240
Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 3 of 35 Table of Contents

1. Introduction.................................................................................................................. 4

2. Veolia Scope & Price.................................................................................................... 5

2.1. Contractual Basis for Membrane Replacement Price................................................ 6

2.2. Proposal Notes & Invoicing....................................................................................... 6

3. Material Description..................................................................................................... 7

3.1. Membrane Modules.................................................................................................. 7

3.2. Installation Hardware................................................................................................ 7

4. Veolia Support.............................................................................................................. 8

4.1. Off-Site Support........................................................................................................ 8

4.2. On-Site Technical Services ...................................................................................... 8

5. Performance Bond ....................................................................................................... 9

6. Delivery......................................................................................................................... 9

7. ZeeWeed Configuration ............................................................................................. 11

8. Scope - City of Visalia................................................................................................ 11

8.1. Installation Preparation........................................................................................... 11

8.2. Installation .............................................................................................................. 12

9. Solution Design Notes ............................................................................................... 12

9.1. Permits................................................................................................................... 12

9.2. Maintenance Notes for Replacement Membranes .................................................. 13

9.3. Technical................................................................................................................ 14

10. Health & Safety........................................................................................................... 15

11. ZeeWeed Membrane Module Standard Warranty..................................................... 16

12. Terms and Conditions of Sale................................................................................... 19

13. Signed Agreement...................................................................................................... 22 InSight Process Analyst................................................................................ 23 Sample Performance Bond ........................................................................... 25 Veolia Standard Terms and Conditions ....................................................... 29 ZENON Environmental W-9 ........................................................................... 34 241
Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 4 of 35

1. Introduction
Veolia Water Technologies & Solutions is pleased to present this proposal at the request of City of Visalia to provide wastewater membrane modules to replace and upgrade a full train at the Visalia Water Conservation Plant (WCP).

Current membranes in the plant are ZW500D 370ft² modules. This product has been retired and with this proposal Veolia will provide our latest and most advanced wastewater membranes and cassettes, the ZW500EV-RX 56M LEAPmbr cassettes with 460ft² modules. Replacement using the higher surface area membranes will allow for a reduction in operational cassettes, creating spare space for future expansion or flux management and allow for lower energy consumption.

Veolia is a proven leader in delivering tangible value to our clients over the life of the plant. Our measure of success is how well we deliver solutions that help our clients meet their critical business objectives.

Through long-acquired technical experience, Veolia has clearly distinguished itself from other membrane manufacturers. A mature service culture and deep technical expertise are ready to serve and support City of Visalia through this next membrane lifecycle.

Veolia would like to note that under the current exceptional circumstances across global supply chains and logistics networks, Veolia may not be in a position to guarantee and comply with the planned schedule for product / project delivery or performance. Veolia reserves the right to modify the schedule / contract accordingly. Veolia will promptly inform you of any changes which may impact the contract or the project.
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Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 5 of 35

2. Veolia Scope & Price
Veolia’s scope includes the material and services outlined in the table below. The sections that follow provide additional detail regarding each scope item.

Item Description Part # Quantity Price
ZW500 EV-RX 460ft² WW modules under GMRP
replacement, section 2.1and 3.1 308
$849,577
2-year full replacement membrane warranty, section
11 incl.

ZW500EV-RX 56/56M cassette frames
ZW500EV-RX 28/56M cassette frames
3224501
3226529
5 1
Installation equipment, section 3.2 lot
Off-site support, project management, drafting,
controls section 4.1 incl.

InSight hardware and connectivity 3193147
3110633 incl
$23,000
InSight Process Analyst Services, Attachment A 3110634 1 year International shipment Note1, and fees section 6 incl.
$82,035
Freight Note1, DDP project site, section 6 3095534 incl.

Material, off-site labor, delivery Note 2 Sub-total $954,612 On-site support, 5x10-hr days on-site plus travel &
living, section 4.2 135491 1 FSR $14,850
On-site support Sub-total $14,850
Performance Bond, section 5 & Attachment B incl. $11,778 All figures are in USD and exclude taxes, which will be applied at the time of invoicing. Please make purchase order to ZENON Environmental Corporation.

Total Price $981,240
Note 1: The above shipment and freight charges for the membrane modules are an estimated cost associated with module/cassette delivery + 10% markup per the system purchase contract. The final project value and invoice will be adjusted accordingly based on actual shipment costs. If freight costs at time of shipping are less than the amount estimated, City of Visalia will get a credit and if more than what is estimated additional costs will be passed along to City of Visalia.

Note 2: As of the date of this proposal, ZeeWeed membranes and components manufactured in Hungary imported to USA are subject to a 15% tariff imposed on EU products; tariffs and costs to administer tariffs have been included herein. Veolia reserves the right to adjust our pricing at the time of order and/or importation based on any material changes to tariffs, duties, or other governmentimposed costs that directly impact our pricing. 243
Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 6 of 35

2.1. Contractual Basis for Membrane Replacement Price
The base price of replacement ZW500D 370ft² membrane modules for this project is $1,036 US per module.

Veolia has guaranteed this price for 20 years subject to adjustment for inflation (CPI: US consumer price index (CPI) - All Urban Consumers, not seasonally adjusted) or a maximum equivalent price per gallon of treatment capacity in the event that the module area/permeability etc. changes such that the same amount of feed water can be treated with fewer modules of the next generation design.

GMRP price escalation - calculation of inflation begins on June 10,2010 (capital sale bid opening date). GMRP validity will expire at the end of business on January 24, 2037 (20 years following substantial completion).

To benefit from guaranteed membrane replacement pricing (GMRP) within the contracted time limits, Buyer must submit an acceptable purchase order based on a valid proposal or quote prior to the GMRP expiry date, with the expectation of taking membrane delivery within Veolia’s standard lead time (provided in section 5).

Membrane replacement prices are quoted FCA Oroszlány, Hungary, with packaging, freight, and taxes extra as the cost of shipping and packaging the membranes to site will depend on the quantity per shipment. Membrane replacement prices are quoted without taxes.

Non-Warranty Adjusted Membrane Replacement Price to November 2025 Contractually guaranteed membrane replacement price $1,036 Inflation index value from June 2010 217.97
Current forecasted inflation index value – November 2025 326.22 Inflation index factor 49.67%
Surface area adjustment factor (370ft² vs. 460ft²) 24.32% Adjusted membrane replacement price for this proposal – USD $1,927.69 Significant time delays between the date of this proposal and the submission of customer PO may lead to further adjustment to the membrane price.

2.2. Proposal Notes & Invoicing
• Given the evolving geopolitical landscape and the potential for changes in tariffs, duties, and trade regulations, Veolia’s pricing is based on the laws, regulations and tariffs in effect as of the date of this proposal. If any material changes to tariffs, duties, or other government-imposed costs directly impact our pricing or time of performance, Veolia reserves the right to adjust our proposal pricing and schedule accordingly.

At Veolia, we remain committed to our customers. Veolia assures you that we are taking proactive measures to mitigate any impacts caused by any increase in tariff rates. We will continue to communicate any impacts as they become known. • Shipment/Collection Delays: The membrane/equipment sale will be subject to price adjustment if not collected within 1 month of Readiness for Shipment. After the one month of Readiness for Shipment if Purchaser does not send agreement to receive or collect the membranes/equipment (depending on Incoterms), Seller is entitled to reallocate the membranes/equipment to another customer.
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Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 7 of 35 Invoicing Schedule Approximate % of
Sub-Total
Invoice Value,
Excluding Tax
An invoice will be issued upon acceptance by Veolia of
customer purchase order. Approximate percent calculation based on the material, off-site labor, delivery sub-total of the purchase order. Shipment of membranes is contingent on receipt of this initial milestone payment.
30% $289,920
An invoice for the balance of the material, off-site labor, delivery sub-total will be issued when membrane module
shipping documents are supplied to the carrier.
70% $676,470
A final invoice for the on-site support sub-total will be issued upon completion of installation. 100% $14,850
$981,240

3. Material Description

3.1. Membrane Modules
Veolia will supply 308 x ZeeWeed 500EV-RX 460ft² wastewater membrane modules factory installed in 5 x ZW500EV-RX 56/56 + 1 x ZW500EV-RX 28/56M LEAPmbr cassettes.

3.2. Installation Hardware
• 6 sets x 6” cassette permeate SS spool, includes three (3) Straub couplings per set; • 6 sets x 3” cassette aeration CPVC spool, includes two (2) Straub couplings per set; • 6 sets x hanger arms with braces and replacement hardware; • 1 x ZW500EV-RX lifting bracket;
• 1 x ZW500EV module removal tool;
• 1 set x safety hoist rings (4) for up righting ZW500EV cassettes.

Spares and consumables
• 1 x ZW500EV-RX spare part kit;
• 1 x o-ring lubricant (food grade);
• 2 x anti-seize lubricant (food grade).
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Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 8 of 35

4. Veolia Support

4.1. Off-Site Support
Controls
Provide minor system controls programming adjustments as required for the new membranes including adjustment of set points.

Documentation
The base level of documentation updates will include:
• P&IDs - Update the process (piping) & instrumentation drawings for the new train and reissue electronically;
• GAs - Update the general arrangement drawing for the new train and reissue electronically; • Programmer’s table of code changes (change description recorded by tag with one distinct marker bit per change) and updated CSC and OSC, if required, issued electronically These updates should be filed in the O&M manual as interim documentation.

Due to the very high cost of comprehensive updating of plant documentation with each system upgrade, Veolia recommends planning a complete documentation update every 1-4 years to coincide with a selected system upgrade. Veolia will be pleased to develop a documentation update price quotation on request.

Project Management
Provide planning and off-site assistance during the membrane replacement and upgrade project.

4.2. On-Site Technical Services
The proposal includes a provision for technical services during installation and commissioning process to support City of Visalia’s staff as outlined in section 2. Please see section 8.2 for recommendations on the number of plant staff necessary to perform the work.

The following activities will be completed by plant staff with Veolia oversight assistance:
• Remove existing membranes/cassettes;
• Install the new membrane modules/cassettes;
• Upload required revisions to the PLC program with adjusted set-points; • Perform bubble test where applicable to test membrane integrity and review trans membrane pressure (TMP) on the installed membranes and compare to expected values for new membranes; complete repairs/adjustments necessary to provide new membrane performance.

Operating Responsibility - City of Visalia retains control of the work site and retains final responsibility for the installation and commissioning process.

Veolia will perform the services specified in the scope section of this document, but Veolia will not operate the system. For the purposes of this agreement, the term “operate the system” shall mean to run or control the functioning of the equipment or to otherwise conduct or manage the affairs of any aspect of water or wastewater treatment or other functions at City of Visalia’s site, and shall include functions such as providing operators or laborers to adjust or control water 246
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Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 9 of 35 treatment (“WT”) equipment, wastewater treatment (“WWT”) equipment or sludge management facilities (“SMF”), providing program oversight or directing on-site or contract operators/laborers to adjust or control WWT or SMF, providing personnel responsible for or providing oversight of water treatment residual quality, wastewater effluent quality, sludge quality, waste characterization, or waste disposal activities, or providing personnel with continual or daily operational responsibilities with respect to water or wastewater treatment, influent or effluent compliance monitoring, process monitoring, government reporting or notification, or permit compliance.

Waiting Time - Any overtime or waiting times required due to unforeseen site events outside the control of Veolia will be invoiced according to the prevailing Veolia service labor rates sheet, available on request.

Reporting - Before leaving site, Veolia will record observations and discuss with operators concerning the condition of the equipment, tasks accomplished during the visit, and key operating and maintenance issues requiring further attention. Veolia will provide a copy of a written report before leaving site and/or provide a service visit report to the plant operator within a reasonable timeframe of the Veolia service representative’s return to the office. In any case, City of Visalia will be asked to sign a work order that describes the hours on site and tasks accomplished.

Veolia Duties for On-Site Services
• Veolia will coordinate its work under this agreement in a reasonable manner with the operating staff of the facility.
• Veolia will maintain public liability and property damage insurance covering all operations undertaken by Veolia and its sub-contractors with a limit of $5,000,000 inclusive for any one accident or occurrence. If for any reason additional insurance coverage (e.g. general construction/erection all risk, general liability) is required above and beyond Veolia’s standard insurance terms for on-site commissioning supervision, City of Visalia must inform Veolia in writing 60 days prior to work commencement at site. City of Visalia will be billed for all additional insurance costs and processing fees.
• Veolia will maintain workers compensation and employers’ liability coverage as per statutory requirements.

5. Performance Bond
Veolia will provide Visalia with a performance bond as a surety guarantee that Veolia will complete the project according to the terms of the contract, once initial payment has been received. If Veolia defaults, our surety company steps in to protect Visalia by providing financial compensation for the losses (see Attachment B for a sample performance bond)

6. Delivery
• Freight
• DDP - Delivery will be by standard ocean/ground on the basis of DDP Visalia WCP or other named place of destination; Incoterms 2020. DDP = delivery duty paid. Partial shipments will be acceptable unless otherwise specified. Where delivery cannot be accepted at this destination, City of Visalia shall specify an alternate, equivalent destination without delay.

Due to varying origins and availability, non-membrane items included in this proposal may be shipped separately from the membranes. Should separate shipments be required, where possible, Veolia will strive to provide these items on or before the delivery of the 247
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• Title & Risk - Title and risk of loss or damage to membrane modules, cassette frames and crating shall pass to City of Visalia upon delivery at the named place of destination. • International Shipment, Fees, and Duties
• Origin:
• ZeeWeed membranes and components originate from the Veolia Water Hungary Kft, Bláthy Ottó u 4, Oroszlány, 2840 Hungary facility. Costs to transport membranes into North America are included in Veolia’s quoted price.
• Fabricated equipment, spool components and ancillary parts originate from the Veolia Water Technologies & Solutions Canada facilities. • Export Documents - All ZeeWeed membrane module shipments into the USA require clearance documentation from the EPA. Veolia will prepare and provide the required EPA documentation to the Carrier.
• MPF - Merchandise processing fee is a fee assessed for formal custom entries based on

0.35% of the invoice value, with a minimum of USD $32 per formal entry and a maximum of USD $614. On the basis of DDP terms, this fee will be paid by Veolia within the quoted price.
• Duty - Any new duty imposed after the date of this proposal is the responsibility of City of Visalia.
• Tariff – A US Tariff of 15% is applied to all materials that originate from the European Union.

This tariff will be paid by Veolia within the quoted price. Any new or increased tariff imposed after the date of this proposal is the responsibility of City of Visalia. • Taxes - All applicable local, state, or federal taxes are the responsibility of City of Visalia. • Temperature - UF membranes cannot be allowed to freeze or overheat and may require temperature-controlled freight and handling according to the season and the planned routing. If required, the price of temperature control will be included within the firm quote on freight by Veolia.
• Packaging – Factory-installed in operational cassettes. • Unloading - may require one of or a combination of a loading dock, extended forks and an experienced forklift driver at delivery destination. Please consult with Veolia at the time of purchase order (PO) preparation on this.

Shipping crate information (estimated)
Quantity Description Dimensions
(in)
Weight
(lb)
6 ZW500EV 56M shipping crates 110 x 89 x 82 4,610
Notes:
● Only crates for membrane/cassette transport have been shown above to identify the largest and heaviest items that will need to be unloaded;
● Smaller crates/skids will be used for hardware items (hanger arms, spool connection components, etc.).
• Handling – ZW500EV membrane cassette frames are shipped and will arrive on-site on their sides. A safety hoist ring kit, included in this proposal, should be used to safely turn the 248
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7. ZeeWeed Configuration
Configuration Data Units Existing Plant
Configuration
Proposed Configuration After
Replacement & Upgrade
Number of trains, plant 10 10
Number of trains as configured Trains
1 – 8
Trains
9 – 10
Train
1 Trains
2 - 8
Trains
9 - 10
Type of ZeeWeed membrane ZW500D ZW500EV-RX ZW500D
Module surface area ft² 370 460 370
Total number of cassette spaces per train 11 11 11
Maximum number of modules per cassette 48 56 48
Fully populated cassettes installed per train 7 7 5 7 7 Flex cassettes installed per train 1 1 1 1 1
Number of modules per flex cassette 46 44 28 46 44
Total module count, train 382 380 308 382 380
Total surface area in operation, train ft² 141,340 140,600 141,680 141,340 140,600 Total module count, plant 3,816 308 3,434
Total surface area in operation, plant ft² 1,411,920 1,412,260 surface area change from existing, plant % --- 0.02%
spare space, train % 28% 50% 28%

8. Scope - City of Visalia

8.1. Installation Preparation
• Receive, off-load, handle and provide temperature-controlled storage of the equipment and materials required for Seller to perform the duties outlined in the Seller’s scope of supply.

Prior to off-loading, Buyer to confirm temperature indicators have not been tripped. • Membranes must be stored in a sheltered area, protected from freezing, direct sunlight or extreme heat, and sealed as shipped until ready for use. Storage should be in a dark, dry, level area at a temperature of 5-30°C (41-86°F). Membranes have a shelf life of 1 year before requiring re-preservation and should not be stored longer than necessary prior to installation. City of Visalia is responsible for risk of loss of Seller’s parts while in storage at the customer’s plant.
• Inspect, evaluate and make repairs as required for the membrane tanks, mounting brackets, hoses and all connections prior to Veolia arriving at site. 249
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• Assure availability of a copy of the operating manual, all process and instrumentation drawings, and all electrical drawings on site and accessible for reference. • Maintain adequate insurance coverage for the risks of fire, theft, vandalism, floods and personal injury to authorized or unauthorized visitors.

8.2. Installation
• Provide 2 or more plant personnel to work continuously for the full duration of the Veolia site visits during installation and commissioning of the modules. Veolia recommends that at least one of the personnel be experienced with the ZeeWeed system. • City of Visalia will afford Seller’s personnel free access and egress of the facility for all authorized work. City of Visalia will provide reasonable access to workshop facilities with standard workshop tools and equipment as is necessary to meet any repair and maintenance requirements of the system during installation. City of Visalia will provide Seller’s personnel reasonable access to the facility amenities, including washrooms and break rooms.
• Provide adequate illumination and emergency lighting for all areas in which the Seller will be executing the scope of supply. Provide all site utilities such as raw water, instrument quality air, potable water and power required for operation of the proposed equipment included in this scope of supply. Assure that adequate quantities of membrane cleaning and neutralizing chemicals are on hand for wash procedures including sodium hypochlorite, sodium bisulphite, citric acid and sodium hydroxide. Supply telephone/fax/modem access while Seller’s staff members are on-site.
• City of Visalia will provide assistance to:
• Remove cassettes from the system as required;
• Install new cassettes with hanger arms, braces, and replacement spools; • Return the cassettes to the system.
• City of Visalia will:
• Dispose of all retired membrane modules and cassette components; • Dispose of shipping and packaging materials unless specifically requested not to do so by Veolia.

9. Solution Design Notes

9.1. Permits
Regulatory Requirements
City of Visalia is responsible to review and report to the permit granting agency on the impact of any of the proposed changes on the regulatory permit. Veolia will provide the necessary manufacturer’s technical support on regulatory issues.

Please speak with your regional lifecycle manager (RLM) if there are any regulatory requirements or concerns.
250
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Veolia understands that these modules are required as replacements for currently installed modules.

These modules are offered on the basis that the membrane modules will not be used to provide expanded flow beyond the current plant flow rating. Veolia makes no guarantees, implied or otherwise as to the performance of these modules in any other capacity than as replacement membranes.

Replacing the current 8 cassettes of ZW500D 370ft² modules with 6 cassettes of ZW500EV-RX 460ft² modules closely matches the current membrane surface area (141,340ft² vs. 141,680ft²) and leaves 50% space as spare for future module placement that could be used for flux remediation or for plant expansion subject to a review of the limitations of other equipment and hydraulic capacities.

Production Interruption
During installation of the ZeeWeed cassettes, trains will be shut down which will affect City of Visalia treatment capacity. After the purchase order is acknowledged, Veolia’s project manager for the installation will consult with City of Visalia to jointly develop the installation plan and work schedule with due regard for membrane delivery to the plant and plant preparation.

9.2. Maintenance Notes for Replacement Membranes
At the time of any full plant or full train membrane replacement, it is recommended to evaluate whether it is the right time to address any tank coating repairs which may be required.

Preferential Flow
Mixing a small proportion of new modules in trains with large amounts of older modules is not recommended as it creates a risk of over-fluxing of new modules, which can shorten their lives.

Veolia recommends that City of Visalia plan membrane module replacement on a complete cassette and complete train basis wherever possible to achieve both optimal performance and best value from the new membrane modules. In this case, by replacing all membrane modules in a train, this risk has been neutralized.

Membrane Slack
Veolia’s membranes are supplied and shipped with an initial factory fiber slack designed to optimize membrane air scouring during operation as well as accommodate a degree of shrinkage. Membranes shrink in length early in their lifecycle when exposed to higher temperature water. The pace of shrinkage slows with age. With the installation of new membranes, the requirements for slack adjustment start a new cycle.

Due to the wide variety of operating environments in which our products can be utilized, it is difficult to generally predict the rate of shrinkage. If membranes operate in a condition of insufficient slack for an extended period of time, irreversible damage to the fiber-urethane bond may occur. Please refer below to the recommended inspection frequencies based on your plant’s membrane tank operating temperature. Visual inspections should begin during the membrane installation and be repeated over time on the same cassette. Digital pictures will allow for comparative analysis of the fiber slack over time. 251
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Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 14 of 35 Maximum Operating Temperature Recommended Slack Inspection Frequency 0-24 °C / 32-76 °F every 2 years
25-30 °C / 77-86 °F once per year
>30 °C / > 86 °F twice per year
Bubble Test Pressure
The bubble test pressure for the purchased membranes is 2 psi horizontally and 3 psi vertically.

9.3. Technical
New Cassette Frames
There are considerable benefits that come with replacing cassette frames at the same time as membranes are replaced. Replacing membranes at the same time as cassettes can be cost competitive and lower risk compared to replacing modules alone from individual boxes for the reasons described below. In this case, as City of Visalia moves from ZW500D modules to ZW500EV-RX modules, a change to a new cassette frame is a necessity but the benefits still apply.
• Doubled packing density of modules in the cassettes reduces shipping costs. • Reduce labor for installation.
• Shorten plant down-time.
• Plastic cassette components are subject to aging with time and exposure to chemicals.

Replacing plastics with each new generation of membranes reduces the risk of cassette component repair events.
• Decrease the opportunity for module damage during installation. • Reduce packaging waste and lower disposal cost.
• Replaced stainless steel frames can be sold for scrap.

Upgrading from the ZeeWeed 500D 370ft² module to ZeeWeed 500EV-RX 460ft² module offers the following advantages:
• 24% increase in membrane module surface area;
• Increased membrane module surface area in the same footprint as the existing cassettes; • No increase in chemicals for recovery cleans due to increased surface area; Other Considerations
Blowers
No changes to blower operation are anticipated with this upgrade. Based on Veolia’s preliminary review, the ZW500EV-RX train can operate at the same aeration rates as the existing ZW500D trains. As additional trains are upgraded to ZW500EV-RX and the plant module count decreases, aeration rates may be reduced to allow for energy savings at the Visalia WCP.

Pre-Screen
Trash and non-biodegradable solids, such as hair, lint, grit and plastics may foul or damage the membranes if allowed to pass into the membrane chamber. Veolia recommends that an internally-fed screen with mesh or punched-hole openings less than or equal to 2 mm with no 252
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10. Health & Safety
City of Visalia
• City of Visalia will provide orientation to Seller’s personnel to ensure site-specific safety protocols are known. City of Visalia will identify and inform Seller’s personnel of any site-specific hazards present in the workplace that could impact the delivery of Seller’s scope of supply and agrees to work with Seller to remove, monitor, and control the hazards to a practical level. • City of Visalia will provide any site-specific or standard company operating procedures and practices for Seller’s personnel to perform work on site, if required by City of Visalia’s policies.

Such programs may include, but are not limited to, general environmental health & safety (EHS), HAZOP, fire protection, drug testing, incident notice, site conduct, standard first aid, chemical receiving, electrical safety, etc. City of Visalia will provide a certificate of program completion for Seller’s personnel. This program will be fully documented, training materials will be provided, and attendance list will be kept.
• If any type of lifting devices will be used on site, City of Visalia will provide proof of its maintenance, inspection and certification documentation upon request and will assist the Veolia service representative to complete a safety inspection checklist. • Where confined space entry may be required, City of Visalia will provide early notice and will collaborate with Veolia in planning adequate staffing and in advising the local fire/rescue department as required.
• No time or cost provision has been made for preparations such as safety record clearances, drug testing, insurance confirmations or pre-job-training in excess of 1 hour. Prior to finalizing the Purchase Order and the work schedule, City of Visalia will advise Veolia of any pre-job or pre-mobilization requirements. Where these requirements exceed 1 hour, this time will be charged to City of Visalia at rates set out in the prevailing Veolia labor rate sheet. • Where certain short duration activities require two people for safety and the Veolia Service representative is alone at site, City of Visalia will cooperate as required to assure that correct safety precautions are taken.
• City of Visalia is responsible for the following environmental provisions:
• Environmental use and discharge permits for all chemicals at City of Visalia’s facility either listed in this document or proposed for use at a later date; • Any special permits required for Seller’s or City of Visalia’s employees to perform work related to the water treatment system at the facility;
• All site testing, including soil, ground and surface water, air emissions, etc.; • Disposal of all solid and liquid waste from the Seller’s system including waste materials generated during construction, start up and operation.
• City of Visalia is responsible for provision of health and safety facilities to Seller’s field service representatives to the same extent that they are provided to City of Visalia’s own employees, including provision of:
• Eyewash and safety showers in the water treatment area; 253
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• Security and fire protection systems per local codes.

Veolia
• All work on site will be performed in accordance with applicable law and will be performed reasonably, in a clean and safe manner. The Veolia service representative will abide by the more stringent of the applicable health, safety and environmental policies and procedures of either City of Visalia or Veolia.
• Veolia will provide all applicable safety training required by Veolia policies or by state or national health and safety regulations. The Veolia service representative will have undergone workplace hazardous material information system (WHMIS) training and will come equipped with necessary personal protective equipment (PPE).
• Emergencies - In emergencies affecting the safety of persons, work or property at the site and adjacent thereto, Veolia will act, without previous instructions from City of Visalia, as the situation warrants. Veolia will notify City of Visalia immediately thereafter.

11. ZeeWeed Membrane Module Standard Warranty
This schedule sets out the warranty with respect to ZeeWeed membrane modules (“membrane modules”). No other warranties, expressed or implied are made in connection with the sale of these products, including, without limitation, warranties as to fitness for any purpose or use or merchantability of these products. The warranty provided herein will be the exclusive and sole remedy of Buyer. This warranty is not transferable.

1. Definitions
The following terms shall have the meaning set forth below when used in the warranty document:
a. “Buyer” means the party purchasing the ZeeWeed Modules from the Seller b. “Seller” means a business component of, or legal entity within the Veolia Water Technologies & Solutions business which is selling the ZeeWeed membranes.

2. Warranty Product
This warranty applies to only the membrane modules supplied under the contract of sale.

Membrane module means the hollow fiber ultrafiltration membranes and the potted plastic headers.

This warranty does not cover air piping to the membrane module, permeate piping from the membrane module, piping connection fittings, connecting hardware and cassette frames with their associated components including but not limited to spacers, aerator tubes, aerator assemblies, screen, module dummies or module blanks.

3. Scope of Warranty
The Seller warrants that its membrane module(s) will be free of defects due to faulty materials or errors in manufacturing workmanship.

Regular membrane module inspection and normal fiber repair shall be the responsibility of Buyer.

All replacement membrane modules will be shipped on the basis of INCOTERMS 2020 FCA Veolia manufacturing facility.

All ancillary costs including but not limited to bagging, boxing, crating, freight, freight insurance, applicable taxes, import duties, certifications, brokerage, receiving, forklift services, storage at site, reattachment hardware, hose/clamp/camlock replacement, crane services, installation, fiber repair materials, glycerin flushing, commissioning and waste disposal are the responsibility of Buyer. 254
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4. Warranty Start Date
Membrane warranty will start on the earlier of:
a. The date that installation of the original membrane module(s) has been substantially completed, or
b. Three (3) months from the date of delivery of the original membrane module(s) to Buyer.

5. Warranty Duration
Total Warranty Duration: a total of 24 months of full replacement warranty coverage.

6. Notification Of Claim
All claims filed under this warranty shall be made in writing by Buyer within 30 days of identifying a defect.

Buyer shall provide the following information:
a. A description of the defect giving rise to the claim; b. Photographs showing the manufacturing defect;
c. The serial number(s) of the membrane module(s) which is (are) the subject of the warranty claim; and
d. Operating data and repair history for the life of membrane modules which are the subject of a warranty claim.

7. Verification of Claim
After receipt of written notification of a defect, the Seller will promptly undertake such investigations as, in the Seller's opinion, are necessary to verify whether a defect exists. The Seller reserves the right to require additional data as necessary to validate claims. Buyer may, in the course of these investigations, be requested to return membrane module(s) to the Seller for examination (see section 11). The Seller may also conduct reasonable tests and inspections at Buyer’s plant or premises. If the results of the investigation do not validate the defect claimed, Buyer will reimburse the Seller for all reasonable expenses associated with said investigation, including expenses for all tests, inspections, and associated travel.

8. Satisfaction of Claims
The Seller will have the right to satisfy claims under this warranty in a flexible manner. Such flexibility may include the repair of existing membrane modules or changes in operating protocols or membrane module replacement or by upgrading failed membrane modules with newer membrane module(s) that may embody design and efficiency improvements. Buyer consents to the supply of replacement membrane modules which may be of a different design than original membrane modules.

9. Operating Information
To maintain the membrane module warranty, membrane system operation records from initial startup date until claim must be maintained by Buyer and made available to the Seller upon request.

Records must be provided in sufficient detail as applicable to verify the subject of a warranty claim and can include but is not limited to, operation data including information on feed water quality, temperatures, flows, trans-membrane pressures, aeration rates, permeate quality, cleaning intervals, cleaning chemical concentrations, elapsed time since start-up, relevant analytical data and reporting of any screen bypass events.

Buyer shall maintain and share access to a single reference copy in electronic form of a membrane module map containing the history of activity by membrane module and the serial number for each 255
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Buyer authorizes the Seller to conduct any reasonable review of operation and maintenance records or to inspect facilities where membrane modules are installed, upon reasonable notice to Buyer. Such reviews and/or inspections are intended to also assist the Seller and Buyer in detection of membrane system faults and to optimize the care and operation of the membrane modules.

10.Limitation of Warranties
Occurrence of any of the following as reasonably determined by the Seller will void this warranty:
a. A material failure to operate the membrane system in accordance with Seller’s operations and maintenance manual supplied to Buyer as part of the contract, including material failure to adhere to the Seller’s specified membrane module cleaning procedures and the use of anything other than Seller-approved membrane module cleaning agents.
b. Failure to adhere to the preventive maintenance program as presented in the Seller’s operations and maintenance manual, in published product manuals and in specifications.
c. Failure to adhere to all transportation and storage requirements. ZeeWeed membrane modules may be stored up to 12 months from date of receipt and must be transported and stored in original intact packaging out of direct sunlight in ambient temperatures between 5-35 Degrees Celsius. Storage beyond 12 months from date of receipt requires a written request to Veolia to maintain membrane module warranties. d. Introduction of destructive foreign materials and chemical agents into the membrane module.
e. Failure to maintain and provide system operating data and repair history for the life of membrane modules which are the subject of a warranty claim. f. Physical abuse or misuse, incorrect removal or installation of membrane modules by non-Seller personnel including fiber damage caused by operator error in handling of membrane modules or cassettes.
g. Unauthorized alteration of any components or parts originally supplied by the Seller. h. Intentional damage.

11.Return Procedure
In the event that the return of a membrane module is required pursuant to this warranty, Buyer will first obtain a Return Goods Authorization (RGA) number from the Seller. Membrane module(s) shipped to the Seller for warranty examination must be shipped freight prepaid in environmentally controlled freight and storage with ambient air temperature between 5-35 degree Celsius. If Buyer desires temporary replacement membrane module(s) to replace those alleged to be defective and returned to the Seller for warranty examination, Buyer shall be responsible for the cost associated with any such replacements until examination of the returned membrane modules pursuant to this warranty is complete. Any membrane module examined by Seller as part of a warranty claim where the membrane module is subsequently found to be performing as warranted or where a membrane module failure is not covered under the warranty will be returned to Buyer, freight collect or disposed of by Seller and the cost associated with any membrane analysis and diagnostic work will be levied against the Buyer based on Veolia standard labor rates.

12.Disclaimer and Limitation on Liability
To the maximum extent permitted by law, in no event shall Seller be liable for any loss of profit or 256
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12. Terms and Conditions of Sale
A - Specific Terms and Conditions of Sale
These terms take precedence over the general terms and conditions of sale. 1 Legal Entity for Contracting
ZENON Environmental Corporation is the name of the Seller, and means a business component of, or legal entity within the Veolia Water Technologies & Solutions business (Veolia).

Please advise us if this Veolia entity is not set up in your purchasing system as a vendor and you do have another Veolia entity set up. We are keen to make the purchase process as convenient as possible for City of Visalia. short form: Where a short reference is required in this document, for convenience, we are called simply Veolia. 2 Payment
Veolia prefers to receive payment by wire transfer and will also accept payment by courier check.

Wire transfer information for ZENON Environmental Corporation send details to: SHD WATS REMIT-NAM [email protected] Bank of America Merrill Lynch
C/O ZENON Environmental Corporation
901 Main Street Dallas, TX 75202
ACCT# 4426318136
ABA# 026009593
SWIFT# BOFAUS3N
ACH# 111000012
3 Payment Terms
On approved credit, payment terms are net 30 days from customer receipt of invoice. Please see the invoicing schedule in the price section. In the event an invoice is issued on shipment of goods from a Veolia Hungarian production facility, payment terms will be extended by an additional 45 days to account for the additional transit time to the delivery location. 4 Proposal Validity
Prices quoted and proposal terms are valid up to thirty (30) days after the date of issue of this proposal unless confirmed with a purchase order.
5 Bonds
Performance or payment bonds are not included in the price. These bonds can be purchased on request but will be at an additional cost. 6 Assignment of Membrane Warranty
The Buyer will be entitled to assign to a subsequent owner of the membranes the warranties of the Seller under this Agreement, provided that a prior written notification is sent to the Seller and the assignment agreement contains terms and conditions which provide the Seller with the protections of the warranties and limitations on liability contained in the Agreement. Subject to Buyer’s compliance with the foregoing requirement, such warranty rights are expressly assignable by the Buyer to a subsequent owner of the membranes. Except as provided herein, Buyer is not entitled to extend or transfer this warranty to any other party. 7 Flight Booking
Prices quoted for installation which include airfare are either based on timely confirmation of a visit schedule or based on receipt of a purchase order in time to book any flights seven days in advance. Additional airfare charges related to late arrival of a purchase order will be extra and billed through to City of Visalia without mark-up. 257
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Please confirm that your purchase order has covered the following points. This will ensure accurate and prompt order entry, product delivery, invoicing and accounts receivables processing and will prevent administrative delays for all parties. ● Documentation – Our strong preference is to receive a hard or digital copy of your purchase order (PO) rather than a PO number alone. Your PO can be sent by email to [email protected]. If you are not able to provide a PO, please contact us for alternatives.
● Veolia legal entity – Please be sure your purchase order is issued in the name of the specific Veolia legal entity outlined in the quote. We will be glad to work with your purchasing department to set this entity up as an approved supplier/vendor.

Please advise us if this Veolia entity is not set up in your purchasing system as a vendor and you do have another Veolia entity set up.
● Quotation Number – Please reference the quotation number in your PO. ● Product – Please note which product(s) you wish to purchase along with the quoted price, particularly if quantities or scope differ from the quotation.
● Taxes – Please provide any required tax exemption certificates. Please indicate if taxes have been added in your PO. ● Payment Terms – Please acknowledge the payment terms included with the quotation. ● Bill-to Address – Please include contact information for your accounts payable. ● Ship-to Address – Please clearly define the delivery location and the receiver’s email & telephone. Please specify receiving hours and any special off-loading requirements. ● Delivery Date – Please include your requested delivery date.

B – General Terms and Conditions of Sale
Veolia’s standard terms and conditions apply. See Attachment B.

Note to purchasing agent: Veolia’s standard set of commercial terms & conditions are written for moderate value transactions to allow an efficient and rapid provision of services and parts. Where corporate agreement terms have been previously agreed, these may be brought forward by either party and applied by mutual consent. If either of these terms sets are not immediately acceptable, please expect a typical 6-10 week cycle of mutual review to build agreement on changes.

C – Data Provisions

1. Use. Buyer agrees to use the equipment only in accordance with Seller's instructions and shall only use Seller approved chemical products in connection with the equipment. To the extent that Buyer fails to do so, Buyer hereby agrees that any and all applicable warranties for the Equipment and Services, including, but not limited to, any accuracy or performance guarantees shall be waived.

2. Data rights. The parties acknowledge that in performance of the Services, Seller will be collecting data from Buyer relating to Buyer's processes, materials, equipment and other information ("Data"). Buyer hereby consents to the collection of such Data by the Seller.

The following provisions will apply to Data.

3. Network interface. Buyer will install and maintain any and all equipment, systems, software and network interfaces at, and provide telecommunications access to, its facilities as may be required to gather and communicate Data to Seller's monitoring systems in conformance with Seller's interface specifications. Buyer shall maintain its equipment, systems, software and network interfaces to ensure that there are no viruses, Trojan horses, tracking or other cookies, malware or any other harmful software embedded in or attached to Data or such equipment, systems, software or network interfaces that are accessed by or otherwise affect Seller's equipment, systems or software. Upon reasonable request by Seller, Buyer shall perform testing or audits to verify compliance with this paragraph.

4. Custodian. Seller will be custodian of the Data. Seller will store and maintain the Data in a secure manner and logically separate from data belonging to other customers consistent with industry standards. Data will be stored and maintained by Seller during the term of any agreement with Buyer. However upon termination of the same, Seller may delete data in accordance with its then standard business practice. Periodic back-ups of Data will be maintained as necessary for Seller to perform its obligations herein.

Seller may store such information in any location and in such a manner as it deems appropriate in its sole discretion in accordance with reasonable commercial practices.

5. Seller access. Seller will restrict access to Data to those employees, agents and contractors of Seller with a need to know. In addition to accessing Data through computers, tablets, and smartphones, such employees, agents and contractors may access Data through computer monitors disposed in monitoring laboratories or control rooms at sites operated by or on behalf of Seller. Access by 258
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6. Buyer access. Seller may provide access to Buyer to Data during the period which Data is stored. For individual access, Buyer shall provide a request for authorization for each individual requesting such access. Authorized personnel of Buyer shall be issued a unique User ID and password that identifies and may be used by only a single user. All requests for access shall be through an officially approved and documented process of Buyer. Seller shall use reasonable commercial efforts to provide user access to Buyer in a timely manner. In the case that any employee or contractor no longer requires access or in the case where such employee or contractor is voluntarily or involuntarily terminated, Buyer shall notify Seller immediately at which time such User ID will be disabled and access terminated. Seller shall not be liable for any access by individuals based on whole or in part by the failure on the part of Buyer to provide timely notice of restrictions on or termination of access.

Upon reasonable request by Buyer and to the extent technically feasible or practical, copies of some or all of Buyer's Data shall be transferred to Buyer pursuant to mutually agreed upon protocols, procedures and schedules. Moreover, reports that summarize Data may be developed from time to time and provided to Buyer. Seller shall be compensated on a time and materials basis for any such transfer or report generation.

Buyer acknowledges that much of wireless network security is controlled by 3rd party carriers or network vendors and Seller shall not be liable for any security breaches based in whole or in part on services provided by such 3rd parties.

7. Security/unauthorized access. Buyer shall not reverse engineer, hack, access or attempt to access, or have anyone do so on its behalf, any data, systems, programming, or any other information maintained by Seller. In addition, Buyer or those acting on Buyer's behalf shall not develop or insert into any of Seller's systems, networks or data any back-door access, viruses, Trojan horses, tracking or other cookies, malware or any other unauthorized software.

8. Rights to use data. Buyer shall have unlimited rights to use the Data for any purposes not inconsistent with this Agreement. Seller may use the Data (1) for any and all purposes in furtherance of this Agreement; (2) for research and development and troubleshooting purposes; and (3) in the aggregate for statistical and other analysis, provided that in the case of (3) above, no information identifying Buyer shall be associated with such analysis. Seller may share Data with its affiliates, including its affiliates in other countries, for the purposes described above.
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13. Signed Agreement
Through the issue of this proposal, Veolia signals their intent to enter into an agreement with City of Visalia. City of Visalia and Veolia acknowledge that they have read and understood this agreement and agree to be bound by the terms and conditions specified in it.

Offered by
Legal Entity:

ZENON
Environmental
Corporation
3600 Horizon Blvd.,
Trevose, PA, 19053
Accepted by
Legal Entity:

City of Visalia,
also known as City of Visalia or Buyer
Authorized
Signature by:

Title:

Signature
Date:

Signature: x
Purchase Order No:

If options were available,
which options selected
Upon acceptance of this proposal, please forward the
following by email with .pdf attachments referencing the legal entity above:
1) this signature page completed
2) a copy of your purchase order, and
3) any required tax exemption certificates
to: [email protected]
This agreement comes into force when Veolia has issued a formal acceptance of City of Visalia’s Purchase order or formal acceptance of this City of Visalia signed agreement.

Doc. control: Author: JP (rev 2) Filename: Visalia 385225-3 308 x ZW500EX-RX 460ft² GMRP Nov 11 2025 Last modified: 2025-11-11 9:14 AM Technical review: GB (rev 2) Commercial review: JE (rev 2)/JD DOA: GMRP 260
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Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 29 of 35 Veolia Standard Terms and Conditions

1. Exclusive Terms and Conditions. Together with any other terms the Parties agree to in writing, these General Terms and Conditions – together with the last proposal in order of time issued by the Seller – form the exclusive terms (“Agreement”) whereby Buyer agrees to purchase, and Seller agrees to sell products and equipment (jointly “Equipment”) and to provide advice, instruction and other services in connection with the sale of that Equipment (“Services”). If Buyer sends to Seller other terms and conditions to which Seller may not respond, including but not limited to those contained in Buyer’s purchase order, such shall not apply. This Agreement may only be revised by a change order approved in writing by both Parties. All terms not defined herein shall be defined in Seller´s proposal.

2. Equipment and Services. The Equipment to be delivered and the Services to be provided shall be as set out in this Agreement. Unloading, handling, storage, installation, and operation of Buyer’s systems or the Equipment are the responsibility of Buyer. Buyer shall not require or permit Seller’s personnel to operate Buyer’s systems or the Equipment at Buyer’s site.

3. Prices and Payment. Buyer shall pay Seller for the Equipment and Services in accordance with the payment schedule (as set forth in Seller´s proposal or, if applicable, in any special conditions agreed to in writing by the Parties). Unless otherwise specified in writing, payment is due net thirty (30) days from the date of Seller’s invoice.

Seller may require a Letter of Credit or other payment guarantee, in which case the stated amount of the guarantee will be adjusted by Buyer in the event of any currency-based adjustment to prices or payment amounts per the Payment Schedule, and Buyer shall deliver the adjusted guarantee within five (5) days of request by Seller. Buyer agrees to reimburse Seller for collection costs, including 2% (two percent) interest per month (not to exceed the maximum amount permitted by applicable law), should Buyer fail to timely pay. Buyer shall have no rights to make any deduction, retention, withholding or setoff relating to any payments due under this Agreement.

4. Taxes and Duties. Seller shall be responsible for all corporate taxes measured by net income due to performance of or payment for work under this Agreement (“Seller Taxes”). Buyer shall be responsible for all taxes, duties, fees, or other charges of any nature (including, but not limited to, consumption, gross receipts, import, property, sales, stamp, turnover, use, or value-added taxes, and all items of withholding, deficiency, penalty, addition to tax, interest, or assessment related thereto, imposed by any governmental authority on Buyer or Seller or its subcontractors) in relation to the Agreement or the performance of or payment for work under the Agreement other than Seller Taxes ("Buyer Taxes"). The Agreement prices do not include the amount of any Buyer Taxes. If Buyer deducts or withholds Buyer Taxes, Buyer shall pay additional amounts so that Seller receives the full Agreement price without reduction for Buyer Taxes. Buyer shall provide to Seller, within one month of payment, official receipts from the applicable governmental authority for deducted or withheld taxes. Buyer shall furnish Seller with evidence of tax exemption acceptable to taxing authorities if applicable, prior to execution of the Agreement by both Parties or issuance by the Seller of the order acceptance. Buyer’s failure to provide evidence of exemption at time of order will relieve Seller of any obligation to refund taxes paid by Seller.

5. Delivery, Title, Risk of Loss. Unless otherwise specified in this Agreement, Seller shall deliver all Equipment to Buyer FCA (Incoterms 2020) Seller’s facility. The time for delivery of the Equipment to Buyer shall be specified in this Agreement. Seller’s sole liability for any delay in delivery of the Equipment shall be as expressly set out in this Agreement. The place of delivery specified herein shall be firm and fixed, provided that Buyer may notify Seller no later than forty-five (45) days prior to the scheduled shipment date of the Equipment of an alternate point of delivery, Buyer shall compensate Seller for any additional cost in implementing the change. If any part of the Equipment cannot be delivered when ready due to any cause not attributable to Seller, Buyer shall designate a climate-controlled storage location, and Seller shall ship such Equipment to storage. Title and risk of loss shall thereupon pass to Buyer and amounts payable to Seller upon delivery or shipment shall be paid by Buyer along with expenses incurred by Seller. Services provided herein shall be charged at the rate prevailing at the time of actual use and Buyer shall pay any increase, and Buyer shall pay directly all costs for storage and subsequent transportation.

Failure by Buyer to take delivery of the Equipment shall be a material breach of this Agreement.

Title and risk of loss to the Equipment shall be transferred from Seller to Buyer at the point of delivery upon handover in accordance with this Agreement. Title and risk of loss to the Services shall pass as they are performed.

6. Warranties and Remedies. Seller warrants that Equipment shall be delivered free from defects in material, workmanship and title and that Services shall be performed in a competent, diligent manner in accordance with any mutually agreed specifications. Seller’s warranty does not cover the results of improper handling, storage, installation, commissioning, operation or maintenance of the Equipment by Buyer or third parties, repairs or alterations made by Buyer without Seller's written consent, influent water which does not comply with agreed parameters, or fair wear and tear.
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(a) Chemicals and services, for six (6) months from their date of delivery or the provision of Services; (b) Consumables, including filters and spiral wound membranes (other than spiral wound membranes for process treatment), the earlier of twelve (12) months from date of first use or fifteen (15) months from their date of delivery;
(c) Spiral wound membranes for process fluid treatment, ninety (90) days from their date of first use; (d) Ultrafiltration membranes (ZW500, ZW700B, ZW1000, ZW1500), twelve (12) months from their date of delivery; (e) Equipment other than chemicals and consumables, the earlier of, fifteen (15) months from delivery or shipment to storage, or twelve (12) months from start-up/first use; (f) Software, ninety (90) days from the date of receipt; (g) Equipment not manufactured by Seller; the warranty shall be the manufacturer’s transferable warranty only.

Any claim for breach of these warranties must be promptly notified in writing, and Buyer shall make the defective item available to the Seller, or the claim will be void. Seller’s sole responsibility and Buyer’s exclusive remedy arising out of or relating to the Equipment or Services or any breach of these warranties is limited to repair at Seller's facility or (at Seller’s option) replace at Seller's facility the defective item of Equipment and re-perform defective Services. In performance of its obligations hereunder, Seller will not control the actual operation of either Buyer’s systems or the Equipment at the Buyer’s site.

Warranty repair, replacement or re-performance by Seller shall not extend or renew the applicable warranty period.

The warranties and remedies are conditioned upon (a) proper unloading, handling, storage, installation, use, operation, and maintenance of the Equipment and Buyer’s facility and all related system in accordance with Seller’s instructions and, in the absence, generally accepted industry practice, (b) Buyer keeping accurate and complete records of operation and maintenance during the warranty period and providing Seller access to those records, and (c) modification or repair of Equipment or Services only as authorized by Seller in writing. Failure to meet any such conditions renders the warranty null and void.

The Buyer will be entitled to assign to a subsequent owner of the Equipment the warranties of the Seller under this Agreement, provided that a prior written notification is sent to the Seller and the assignment agreement contains terms and conditions which provide the Seller with the protections of the warranties and limitations on liability contained in the Agreement. Subject to Buyer’s compliance with the foregoing requirement, such warranty rights are expressly assignable by the Buyer to a subsequent owner of the Equipment. Except as provided herein, Buyer is not entitled to extend or transfer this warranty to any other party. The warranties and remedies set forth in this article are in lieu of and exclude all other warranties and remedies, statutory, express or implied, including any warranty of merchantability or of fitness for a particular purpose.

Unless otherwise expressly stipulated in this Agreement, Seller gives no warranty or guarantee as to process results or performance of the Equipment, including but not limited to product quality, flow, production, capacity, membrane life, chemical consumption, regulatory compliance or energy consumption.

7. General Indemnity. Seller shall indemnify and hold harmless Buyer from claims for physical damage to third party property or injury to persons, including death, to the extent caused by the negligence of Seller or its officers, agents, employees, and/or assigns while engaged in activities under this Agreement. Buyer shall likewise indemnify and hold harmless Seller from claims for physical damage to third party property or injury to persons, including death, to the extent caused by the negligence of the Buyer, its officers, agents, employees, and/or assigns. In the event such damage or injury is caused by the joint or concurrent negligence of Seller and Buyer, the loss shall be borne by each Party in proportion to its negligence. For the purposes of this article (i) “Third party” shall not include Buyer or any subsequent owner of the Equipment, their subsidiaries, parents, affiliates, agents, successors or assigns including any operation or maintenance contractor, or their insurer; and (ii) no portion of the Equipment is “third party property”.

8. Compliance with Laws and Permits. All permits, authorizations, and licenses which are required to construct, install and/or operate Buyer’s facility or equipment, to use the Equipment, or to manage and dispose of any wastes, discharges, and residues resulting from Buyer’s use of the Equipment, shall be obtained and maintained by Buyer at Buyer’s sole expense. Buyer is responsible for compliance with all laws and regulations applicable to the storage, use, handling, installation, maintenance, removal, registration, and labeling of all Equipment after delivery of the Equipment, as well as for the proper management and disposal of all wastes, discharges, and residues.

9. Buyer’s Site Conditions. Buyer warrants that any data furnished to the Seller concerning conditions at Buyer’s site (including but not limited to any existing Buyer facility, equipment or processes, influent water or other substances to be treated or measured with the Equipment) is accurate and complete, and the Seller reserves the right to utilize the most appropriate design compatible with generally accepted engineering practices, and to make changes in details of design, manufacture and arrangement of Equipment unless precluded by any limitations specified in this 268
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Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 31 of 35 Agreement. Seller shall notify Buyer of (1) any conditions at Buyer’s site which materially differ from those indicated in the data furnished by Buyer, (2) any previously unknown physical conditions at Buyer’s site of an unusual nature, not revealed by previous investigations and differing from those ordinarily encountered in the type of work provided for in this Agreement, and (3) the presence of any Hazardous Materials (as defined below), the existence of a contaminated soil, unexploded ordinance, or archaeological remains. If such conditions cause an increase in Seller's cost or in the time required for the performance of Seller’s obligations, Seller shall be entitled to an equitable adjustment in the Agreement price and an extension in the time for performance.

10. Hazardous Materials and Wastes. In the event that Seller encounters any Hazardous Materials (meaning toxic substances, hazardous substances, pollutants, contaminants, regulated wastes, or hazardous wastes as such terms may be defined or classified in any law, statute, directive, ordinance or regulations promulgated by any applicable governmental entity) at Buyer’s site, other than Hazardous Materials introduced by Seller or that are otherwise the express responsibility of Seller under this Agreement, Buyer shall immediately take whatever precautions are required to legally eliminate such Hazardous Materials so that the Seller’s work under this Agreement may safely proceed. At no time shall Seller be deemed to have taken title to or the responsibility for the management or disposal of any wastes, Hazardous Materials, influent water, any resultant product streams, wastewater streams, discharges, cleaning materials, or any other materials or substances processed by the Equipment or otherwise located at Buyer’s site. Seller does not take responsibility for and hereby expressly disclaims responsibility for the characterization or disposal of wastes, Hazardous Materials, or for the identification, selection, or management of disposal facilities for any wastes.

11. Excusable Delays. Seller shall not be liable nor in breach or default of its obligations under this Agreement to the extent performance of such obligations is delayed or prevented, directly or indirectly, due to causes beyond the reasonable control of Seller, including, but not limited to: acts of God, natural disasters, unusually severe weather, fire, terrorism, war (declared or undeclared) epidemics, material shortages, insurrection, act (or omissions) of Buyer or Buyer’s contractors/suppliers or agents, any act (or omission) by any governmental authority, strikes, labor disputes, transportation shortages, or vendor non-performance. The delivery or performance date shall be extended for a period equal to the time lost by reason of delay or non-performance, plus such additional time as may be necessary to overcome the effect of the delay or non-performance. If delivery or performance is delayed for a period exceeding 180 (one hundred and eighty) days, either Party may terminate this Agreement without further liability provided that Seller shall be paid an amount equal to that which would be payable to Seller under the article entitled “Termination”. If Seller is delayed by any acts (or omissions) of Buyer, or by the prerequisite work of Buyer’s other contractors or suppliers, Seller shall be entitled to an equitable adjustment in schedule, price and/or performance, as applicable.

12. Emergencies. If the safety of Seller’s personnel is threatened or likely to be threatened by circumstances outside the reasonable control of Seller, including but not limited to war, armed conflict, civil unrest, riots, terrorism, kidnapping, presence of or exposure to hazardous materials, unsafe working conditions, or by the threat of such circumstances or a lack of adequate protections against such circumstances, Seller shall be entitled to take all necessary steps to ensure the security and safety of its personnel including the evacuation of personnel until such circumstances no longer apply. Any such occurrence shall be considered an excusable delay event. Buyer shall reasonably assist in the event of any such evacuation.

13. Confidentiality, Intellectual Property. Both Parties agree to keep confidential the other Party’s proprietary non-public information, if any, which may be acquired in connection with this Agreement. Buyer will not, without Seller’s advance written consent, subject Equipment to testing, analysis, or any type of reverse engineering. Seller retains all intellectual property rights including copyright which it has in all drawings and data or other deliverables (including the Equipment) supplied or developed under this Agreement. Buyer agrees that it will not file patent applications on the Equipment or any development or enhancement of the Equipment, or of processes and methods of using the Equipment, without Seller’s express prior written permission. Buyer further agrees that in any event any such patents will not be asserted against Seller or its other buyers based upon purchase and use of such Equipment.

Seller grants to Buyer a non-exclusive, non-terminable, royalty free license to use the intellectual property embedded in Equipment delivered to and paid for by the Buyer, as well as any drawings, design or data delivered to and paid for by the Buyer, for the purposes of owning, financing, using, operating and maintaining the relevant Equipment at Buyer’s site. Such license may only be assigned to a subsequent owner of the Equipment or to an operations and maintenance subcontractor. Such license does not extend to the re-creation of the Equipment or the manufacture of spares or consumables by Buyer or third parties.

Any software Seller owns and provides pursuant to this Agreement shall remain Seller’s property. Seller provides to Buyer a limited, non-exclusive and terminable royalty free project-specific license to such software for the use, operation or maintenance at Buyer’s site of any Equipment purchased hereunder to which the software is a necessary component. Buyer agrees not to copy, sub-license, translate, transfer, reverse engineer, or decode the software.

Seller shall indemnify and hold harmless Buyer from any rightful claim of any third party that any Equipment or Service infringe a patent in effect in the USA, or country of delivery (provided there is a corresponding patent issued by the USA), or USA copyright or copyright registered in the country of delivery. If the Buyer notifies the Seller promptly of the receipt of any such claim, does not take any position adverse to the Seller regarding such claim and 269
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The above paragraph shall not apply to any misuse of Equipment or Equipment which is manufactured to the Buyer’s design, or to alleged infringement arising from the combination, operation, or use of any Equipment or Services with other equipment or services when such combination is part of any allegedly infringing subject matter. The foregoing list of sub-sections (i), (ii), (iii), and (iv) and related terms state the entire liability of the Seller for intellectual property infringement by any Equipment or Service.

14. Limitations on Liability. Notwithstanding anything else contained in this Agreement, to the maximum extent permitted by law, and regardless of whether a claim is based in contract (including warranty or indemnity), extracontractual liability, tort (including negligence or strict liability), statute, equity or any other legal theory:
(a) THE TOTAL LIABILITY OF THE SELLER AND OF ITS INSURER FOR ALL CLAIMS ARISING OUT OF OR

RELATING TO THE PERFORMANCE OR BREACH OF THIS AGREEMENT OR USE OF ANY EQUIPMENT OR

SERVICES SHALL NOT EXCEED THE TOTAL PRICE PAID BY BUYER UNDER THIS AGREEMENT OR (IN THE

CASE OF AN AGREEMENT FOR SERVICES WITH A TERM OF MORE THAN ONE YEAR) THE ANNUAL PRICE PAYABLE BY BUYER UNDER THIS AGREEMENT;
(b) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY LOSS OF PROFIT OR REVENUES, LOSS OF

PRODUCTION, LOSS OF USE OF EQUIPMENT OR SERVICES OR ANY ASSOCIATED EQUIPMENT,

INTERRUPTION OF BUSINESS, COST OF CAPITAL, COST OF REPLACEMENT WATER OR POWER, DOWNTIME COSTS, INCREASED OPERATING COSTS, CLAIMS OF BUYER’S CUSTOMERS FOR SUCH

DAMAGES, OR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES;
(c) SELLER’S LIABILITY SHALL END UPON EXPIRATION OF THE APPLICABLE WARRANTY PERIOD,

PROVIDED THAT BUYER MAY CONTINUE TO ENFORCE A CLAIM FOR WHICH IT HAS GIVEN NOTICE PRIOR

TO THAT DATE BY COMMENCING AN ACTION OR ARBITRATION, AS APPLICABLE UNDER THIS

AGREEMENT, BEFORE EXPIRATION OF ANY STATUTE OF LIMITATIONS OR OTHER LEGAL TIME LIMITATION BUT IN NO EVENT – TO THE EXTENT PERMITTED BY APPLICABLE LAW – LATER THAN FIVE (5) MONTHS AFTER EXPIRATION OF SUCH WARRANTY PERIOD.

For the purposes of this article, "Seller" shall mean Seller, its affiliates, subcontractors and suppliers of any tier, and their respective agents and employees, individually or collectively. If Buyer is supplying Seller’s Equipment or Services to a third party, Buyer shall require the third party to agree to be bound by this article. If Buyer does not obtain this agreement for Seller’s benefit for any reason, Buyer shall indemnify and hold Seller harmless from all liability arising out of claims made by the third party in excess of the limitations and exclusion of this article.

15. Termination. This Agreement and any performance pursuant to it may be terminated by either Party, and the consequences of such termination shall be as set out in the next paragraph, if the other Party (a) Becomes insolvent, makes an assignment for the benefit of its creditors, has a receiver or trustee appointed for the benefit of its creditors, or files for protection from creditors under any bankruptcy or insolvency laws; or (b) Fails to make any payment when due or to establish any payment security required by this Agreement or commits a material breach or defaults in its material obligations under this Agreement, and such default is not cured within thirty (30) days of written notice from the other Party.

Upon the termination of this Agreement by Buyer for cause (i) Seller shall reimburse Buyer the difference between that portion of the Agreement price allocable to the terminated scope and the actual amounts reasonably incurred by Buyer to complete that scope, and (ii) Buyer shall pay to Seller (a) the portion of the Agreement price allocable to Equipment completed, and (b) amounts for Services performed before the effective date of termination. Upon the termination of this Agreement by Seller for cause Buyer shall pay to Seller within thirty (30) days of receipt of invoice the price of all Equipment or Services delivered at the date of termination, plus an amount equal to all costs and expenses incurred in the engineering, sourcing, financing, procurement, manufacture, storage and transportation of the Equipment including materials, work in progress and any cancellation charges assessed against Seller by Seller’s suppliers including reasonable overhead and profit on all such costs and expenses. Alternatively, if any schedule of termination payments has been agreed between the Parties, Buyer shall pay to Seller within thirty (30) days of receipt of invoice the amounts set out in that schedule.

Seller shall have the right to suspend performance upon written notice to Buyer in any case where Seller would have the right to terminate the Agreement under this article, without prejudice to Seller’s right to terminate this Agreement for cause. Any cost incurred by Seller in accordance with any such suspension (including storage costs) shall be payable by Buyer upon submission of the Seller’s invoice(s). Performance of the Seller’s obligations shall be extended for a period of time reasonably necessary to overcome the effects of such suspension. 270
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16. Governing Law, Dispute Resolution. This Agreement shall be governed by the substantive laws of the State of Michigan California. In the event of a dispute concerning this Agreement, the complaining Party shall notify the other Party in writing thereof. Management level representatives of both Parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining Party shall seek remedies exclusively through arbitration. The seat of arbitration shall be the federal district court closest to the Buyer and the rules of the arbitration will be the Commercial Arbitration Rules of the American Arbitration Association, which are incorporated by reference into this article.

Notwithstanding the foregoing, each Party shall have the right to commence an action or proceeding in a court of competent jurisdiction, subject to the terms of this Agreement, in order to seek and obtain a restraining order or injunction to enforce the confidentiality intellectual property provisions set forth in the first two paragraphs of article 13; nuclear use restrictions set forth in article 17, or to seek interim or conservatory measures not involving monetary damages.

17. No Nuclear Use. Equipment and Services sold by Seller are not intended for use in connection with any nuclear facility or activity, the Buyer warrants that it shall not use or permit others to use the Equipment or Services for such purposes, without the advance written consent of Seller. If, in breach of this, any such use occurs, Seller (and its parent, affiliates, suppliers and subcontractors) disclaims all liability for any nuclear or other damage, injury or contamination, and, in addition to any other rights of Seller, Buyer shall indemnify and hold Seller (and its parent, affiliates, suppliers and subcontractors) harmless against all such liability.

18. Export Control. Seller’s obligations are conditioned upon Buyer’s compliance with all USA and other applicable trade control laws and regulations. Buyer shall not trans-ship, re-export, divert or direct Equipment (including software and technical data) other than in and to the ultimate country of destination declared by Buyer and specified as the country of ultimate destination on Seller’s invoice.

19. Changes. Each Party may at any time propose changes in the schedule or scope of Equipment or Services.

All changes to the Equipment or Services shall be subject to mutual agreement via a written change order or variation, which shall only become effective once signed by both Parties. The scope, Agreement price, schedule, and other provisions will be equitably adjusted to reflect additional costs or obligations incurred by Seller resulting from a change, after Seller’s proposal date, in Buyer’s site-specific requirements or procedures, or in industry specifications, codes, standards, applicable laws or regulations. It shall be acceptable and not considered a change if Seller delivers Equipment (including Equipment replacement under warranty) that bears a different, superseding or new part or version number compared to the part or version number listed in the Agreement, provided that in no circumstance shall this affect any other of Seller’s obligations including those set forth in article 6.

20. Conflicts; Survival, Assignment. If there is any conflict between this Agreement and any written proposal or quotation provided by Seller, then the terms and conditions set forth in this Agreement shall prevail. If any term or condition of this Agreement or any accompanying terms and conditions are held invalid or illegal, then such terms and conditions shall be reformed to be made legal or valid, or deleted, but the remaining terms and conditions shall remain in full force and effect, and this Agreement shall be interpreted and implemented in a manner which best fulfills Parties’ intended agreement. Those provisions which by their nature remain applicable after termination shall survive the termination of this Agreement for any reason. Seller may assign or novate its rights and obligations under the Agreement, in whole or in part, to any of its affiliates or may assign any of its accounts receivable under this Agreement to any party without Buyer’s consent, and the Buyer hereby agrees, by signing this Agreement, to such assignment and to execute any document that may be necessary to complete Seller’s assignment or novation. This Agreement shall not otherwise be assigned by either Party without the other Party’s prior written consent, and any assignment without such consent shall be void.

Seller may (i) manufacture and source the Equipment and any part thereof globally in the country or countries of its choosing; and (ii) may subcontract portions of the Services, so long as Seller remains responsible for such.

21. No Third Party Beneficiary. Except as specifically set forth in the article entitled "Limitations on Liability" and “No Nuclear Use”, this Agreement is not intended to, and does not, give to any person who is not a party to this Agreement any rights to enforce any provisions contained in this Agreement.

22. Entire Agreement. This Agreement embodies the entire agreement between Buyer and Seller and supersedes any previous documents, correspondence or agreements between them. No modification, amendment, revision, waiver, or other change shall be binding on either Party unless agreed in writing by the Party's authorized representative. Any oral or written representation, warranty, course of dealing, or trade usage not specified herein shall not be binding on either Party. Each Party agrees that it has not relied on, or been induced by, any representations of the other Party not contained in this Agreement. 271
Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225 – revision 3 – November 11, 2025 Page 34 of 35 ZENON Environmental W-9
272
Veolia Confidential and Proprietary Information
Membrane Replacement & Upgrade Proposal for the Visalia WCP Proposal number 385225– revision 3– November 11, 2025 Page 35 of 35 273 City of Visalia Jason Diamond
Visalia WWWTP Municipal Regional Lifecycle Manager
7579 Ave 288 Veolia Water Tech
Visalia, California 93277
Attn: Ben LItwack
Veolia Water Technologies & Solutions ZENON Environmental Corporation Head office: 3600 Horizon Blvd. Trevose, PA 19053 3239 Dundas St. W. Oakville, ON Canada off. +1-215-533-0000 - fax +215-633-0000 off. +1-905-465-3030 www.watertechnologies.com
November 5, 2025
re: Sole Source Purchase - ZeeWeed® Membrane Parts & Services Dear Mr. Litwack:

This letter is provided to confirm that a Sole Source Purchase with ZENON Environmental Corporation, a legal entity of Veolia, will be required to procure parts and/or services for ZeeWeed® hollow fiber immersed ultrafiltration membrane systems. ZeeWeed® membrane systems are a proprietary technology developed by ZENON Environmental Corporation, a wholly owned business of Veolia, subject to multiple patents. As a result, only Veolia can manufacture and supply ZeeWeed® membranes & components directly to customers or via one of our approved partners.

Research and development work by Veolia is regularly producing process and technology upgrade options.

At the point where system upgrades are required, Veolia will work closely with each client to select the best options specific for your plant.

Veolia has structured the after-purchase support of our ZeeWeed® clients to assure access to a very high level of service and product support. Veolia has a service team with extensive experience and the capabilities to provide technical and engineering services distinctive to maintaining a high level of performance from the ZeeWeed® hollow fiber ultrafiltration membranes. We offer these unique services:

1. Membrane Replacement Planning

2. System spare parts

3. Insight™ Remote Process Monitoring

4. 24/7 Emergency Telephone Technical Support

5. On-Site Service Visits

6. Membrane Maintenance Services & System Upgrades

7. PLC Control System Component and Programming Upgrades If you have any questions, please do not hesitate to contact me.

Sincerely,
Jason Diamond, P.Eng.

Regional Lifecycle Manager
Veolia Water Tech
274

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

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

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

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award.

If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form. ________________________________________________ _Nov. 5/2025_ Signature of Authorized Individual Date
_Jason Diamond___________________________________
Printed or Typed Name of Authorized Individual
_ZENON Environmental Corporation (Veolia)_____________
Print or Type Name of Company
275
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0510 Agenda Date: 11/17/2025 Agenda #: 18.

Agenda Item Wording:

Approve and Adopt the 2025 Sewer System Management Plan - Approve and adopt the 2025 Sewer System Management Plan in compliance with State Water Resources Control Board Order.

Prepared by:

Ben Litwack, Public Works Manager, [email protected], (559) 713-4671 Nick Bartsch, Public Works Director, [email protected], (559 713-4052 Department Recommendation: Staff recommends that the City Council approve and adopt the updated Sewer System Management Plan (SSMP) to maintain compliance with State and Regional Water Board requirements.

Summary:

The State Water Resources Control Board (SWRCB) requires all public agencies that own or operate sanitary sewer collection systems to prepare and maintain a Sewer System Management Plan (SSMP) under the Statewide General Waste Discharge Requirements for Sanitary Sewer Systems, Order No. 2022-0103-DWQ.

The SSMP provides a comprehensive plan for the proper management, operation, maintenance, and capacity assurance of the City’s wastewater collection system to reduce the risk of sanitary sewer overflows (SSOs) and to protect public health and the environment.

The updated SSMP replaces the version previously adopted under Order No. 2006-0003-DWQ and brings the City into compliance with the revised 2022 General Order.

Background Discussion:

The City of Visalia owns and operates a wastewater collection system consisting of approximately 493 miles of gravity sewer pipelines, 13 lift stations, and associated force mains conveying wastewater to the Visalia Water Reclamation Facility.

Under Order No. 2022-0103-DWQ, the State Water Board requires that all enrollees update their SSMPs to align with the updated regulatory requirements outlined in Attachment D - Sewer System Management Plan Required Elements.

Public Works staff completed an internal audit and comprehensive update of the SSMP in 2025. The updated document includes new and revised elements addressing:
· System evaluation, condition assessment, and climate resiliency; · Spill Emergency Response Plan (SERP) procedures;
· Adaptive management and program effectiveness monitoring; and · Expanded communication requirements with the public and connected systems.

Visalia City Council Page 1 of 2 Printed on 11/13/2025
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File #: 25-0510 Agenda Date: 11/17/2025 Agenda #: 18.

Approval and adoption of the 2025 SSMP will maintain the City’s compliance with State and Regional Water Board requirements and ensure continued eligibility for State grant and funding programs.

Fiscal Impact: There is no direct fiscal impact associated with approval and adoption of the SSMP.

Implementation of SSMP activities is funded through the Wastewater Fund (431) within existing operations and Capital Improvement Program budgets.

Prior Council Action:

August 20, 2012 - Council approved and adopted Sewer System Maintenance Plan Other: N/A
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):

I move to approve and adopt the City of Visalia 2025 Sewer System Management Plan (SSMP) in compliance with State Water Resources Control Board Order No. 2022-0103-DWQ.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 11/17/2025
Attachments: 2025 Sewer System Management Plan
Visalia City Council Page 2 of 2 Printed on 11/13/2025
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City of Visalia
Sewer System Management Plan (SSMP)
Prepared in Compliance with
State Water Resources Control Board Order No. 2022-0103-DWQ Statewide General Waste Discharge Requirements for Sanitary Sewer Systems Prepared by:

City of Visalia – Public Works Department
Wastewater Division
7579 Avenue 288
Visalia, California 93277
(559) 713-4671
Legally Responsible Official (LRO):

Benjamin Litwack, Public Works Manager
SSMP Administrator:

Benjamin Litwack, Public Works Manager
Date of Adoption: To Be Determined by City Council
Date of Last Update: 2025
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Chapter Title Page
1 SSMP Goal and Introduction 1
2 Organization 3
3 Legal Authority 6
4 Operation and Maintenance Program 9
5 Design and Improvement Standards 12
6 Spill Emergency Response Plan 15
7 Sewer Pipe Blockage Control Program 17
8 System Evaluation, Capacity Assurance, and Capital Improvements 20 9 Monitoring, Measurement, and Program Modifications 23 10 Internal Audits 26
11 Communication Program 28
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1 Chapter 1: SSMP Goal and Introduction

1.1 Goal of the Sewer System Management Plan
The goal of the City of Visalia’s Sewer System Management Plan (SSMP) is to provide a plan and schedule to:

1. Properly manage, operate, and maintain all parts of the City’s sanitary sewer collection system;

2. Reduce and prevent spills; and

3. Contain and mitigate spills that do occur.

This SSMP provides the framework for effective management of the collection system and compliance with State Water Resources Control Board Order No. 2022-0103-DWQ.

1.2 Regulatory Context
The City of Visalia owns and operates a sanitary sewer collection system regulated under the Statewide Sanitary Sewer Systems General Order 2022-0103-DWQ. The SSMP describes the City’s programs for operating, maintaining, monitoring, and improving the collection system to ensure compliance with the Order.

The SSMP will be implemented by the Public Works Department and updated as needed to reflect regulatory changes, system improvements, and audit findings.

1.3 SSMP Update Schedule
• Last Audit: The most recent internal audit covered the period May 3, 2021 through May 2, 2024.

The audit report was due by November 2, 2024, but was not submitted until August 11, 2025. • Next Audit: The next internal audit must cover the period May 3, 2024 through May 2, 2027, with the audit report due no later than November 2, 2027. • SSMP Updates: This SSMP update will be presented to the Visalia City Council for adoption in 2025 (date TBD). Future SSMP updates will occur at least once every three years, in alignment with internal audit cycles, and will be adopted by the Council in a public meeting. • Milestones: SSMP updates will incorporate activities addressing spill prevention, OERP revisions, Master Plan findings, and CIP project implementation.

1.4 Sewer System Asset Overview
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2 The City of Visalia owns and operates a wastewater collection system located in Tulare County, California, serving the incorporated City of Visalia and contributing flows from Goshen, a Census Designated Place (CDP) located northwest of the City.
• Population Served: Approximately 145,000 residents.
• Service Boundary: The City’s sewer service area generally coincides with its incorporated city limits, with additional flows received from Goshen.
• System Size: The wastewater collection system consists of approximately 493 miles of gravity sanitary sewer pipelines, ranging in diameter from 4 inches to 48 inches. The City operates 13 wastewater lift stations and associated force mains.
• System Flows: Wastewater discharges from residential, commercial, industrial, and other users are conveyed to the City’s Water Reclamation Facility (WRF). Goshen’s wastewater is conveyed via a lift station and a 24-inch pipeline to the WRF.
• Data Management Systems: The City maintains an up-to-date GIS-based sewer system map and tracks maintenance activities through a Computerized Maintenance Management System (CMMS).
• Laterals: Property owners are responsible for private sewer laterals, while the City maintains the public mainlines.
• Unique Challenges: The collection system serves a diverse community with significant industrial contributions, requiring a robust pretreatment program and proactive capacity planning.

A complete up-to-date map of the wastewater collection system is maintained in the City’s GIS and referenced in Appendix B of this SSMP.
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3 Chapter 2: Organization

2.1 Legally Responsible Official
The Legally Responsible Official (LRO) for the City of Visalia is the Public Works Manager. The LRO has the authority to certify and submit SSO reports in CIWQS to the State Water Resources Control Board. • Name: Benjamin Litwack
• Title: Public Works Manager
• Telephone: (559) 713-4671
• Email: [email protected]

2.2 Management and Administrative Staff
The following positions are responsible for implementing the SSMP and ensuring compliance with the General Order:
• Public Works Director – Nick Bartsch
o Oversees all divisions within the Public Works Department, including Wastewater Operations.
o Telephone: (559) 713-4052 | Email: [email protected] • Public Works Manager (LRO) – Benjamin Litwack
o Responsible for SSMP implementation, overall program compliance, and certification of SSO reports.
o Telephone: (559) 713-4671 | Email: [email protected] • Wastewater Collection Superintendent (CIWQS Data Submitter) – Rick Paredez o Supervises wastewater collection operations and staff. o Enters initial SSO data into CIWQS; coordinates field response. o Telephone: (559) 713-4273 | Email: [email protected] • Lead Wastewater Maintenance Technicians – Armand Gonzalez, Mike Demmers o Directly supervise crews performing collection system maintenance and emergency response.
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4 • Senior Wastewater Maintenance Workers – Cruz Ruiz, Juan Arreola o Assist with inspection, cleaning, and field operations. • Wastewater Maintenance Workers – Francisco Serna, Jeff Riley, Ismael Meza o Perform day-to-day cleaning, inspection, and repair activities. • Maintenance Service Workers – Hector Rodrigues, Michael Weatherly o Support wastewater collections maintenance and response functions. • Heavy Equipment Operator – James Southern Jr.
o Operates specialized equipment for excavation, pipe replacement, and emergency repairs.

2.3 Organizational Lines of Authority
The organizational chain of command for wastewater collections is as follows:
• Public Works Director → Public Works Manager (LRO) → Wastewater Collection Superintendent → Lead/Senior Maintenance Technicians → Maintenance Workers/Service Workers/Equipment Operator
A detailed organizational chart is included in Appendix H.

2.4 Chain of Communication for Reporting SSOs
• During Business Hours: SSO notifications are received by the Water Reclamation Facility Operations Control Center at (559) 713-4403 and dispatched to collection staff. • After Hours: Calls are handled by Professional Communications Network (PCN), which contacts the on-call Wastewater Collections staff.
• Field Response: Crews are dispatched to investigate, contain, and mitigate the overflow. • Reporting Responsibilities:
o CIWQS Initial Reports: Entered by the Wastewater Collection Superintendent or designee.
o CIWQS Certification: Performed by the Public Works Manager (LRO). o External Notifications:
283
5  Regional Water Quality Control Board – Notified as required by spill category.  California Office of Emergency Services (Cal OES) – Notified if discharge reaches surface waters.
 Tulare County Environmental Health – Notified for potential public health impacts.
 Property Owners/Public – Notified where applicable.
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6 Chapter 3: Legal Authority

3.1 Regulatory Requirement
Order No. 2022-0103-DWQ requires that the SSMP demonstrate the Enrollee has sufficient legal authority, through ordinances, service agreements, and/or other legally binding procedures, to regulate, maintain, and enforce the operation of the sanitary sewer system.

3.2 Sewer Use Ordinances
The City of Visalia exercises legal authority over its sewer system through the Visalia Municipal Code, Chapter 13.08 – Sewer Service System. This chapter provides the framework for sewer use regulation, discharge prohibitions, design requirements, enforcement, and inspection authority. ���Current code available at: Visalia Municipal Code – Chapter 13.08

3.3 Legal Authority Provisions
• Prevention of Illicit Discharges
o Chapter 13.08 prohibits inflow and infiltration (I/I), stormwater inflow, unauthorized industrial/commercial wastewater, chemical dumping, fats/oils/grease (FOG), roots, trash, and other debris.
o The City regulates industrial discharges through its pretreatment program and enforces FOG requirements for food service establishments.
• Collaboration with Storm Sewer Agencies
o The City coordinates with local stormwater agencies and internal Public Works divisions during SSO response events.
o Emergency procedures ensure access to storm drains, coordination of containment activities, and prevention of cross-connections.
• Design and Construction Requirements
o All new sewer facilities and connections must be designed and constructed in accordance with the City of Visalia Standard Specifications and Design Standards. o The City requires inspection and approval of sewer installations prior to acceptance. • Access for Maintenance and Inspection
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7 o The Municipal Code grants City staff authority to inspect and maintain sewer system facilities.
o Property owners must provide access to public sewer facilities, including the public portion of sewer laterals, for maintenance and inspection. • Enforcement of Violations
o The City has enforcement authority to issue notices of violation, administrative penalties, service restrictions, or termination of service for non-compliance. o Enforcement applies across residential, commercial, and industrial users. • Easement Accessibility
o Easements are required for sewer facilities located on private property. o The City secures and records easements to ensure continued access for operation, maintenance, and emergency response.

3.4 Service Agreements
The City maintains agreements with contributing satellite systems, which are updated periodically. These agreements outline flow conditions, responsibilities, and compliance expectations. (Note: the agreement with Goshen Community Services District is currently under renegotiation and will be incorporated once finalized.)

3.5 Summary
Through its Municipal Code, Standard Specifications, and easement practices, the City of Visalia possesses the legal authority to:
• Prevent illicit discharges into the collection system; • Coordinate with storm sewer agencies during emergency events; • Regulate design and construction of sewer infrastructure; • Ensure access to public portions of sewer laterals for inspection and maintenance; • Enforce violations of ordinances and service agreements; and • Secure easements for sewer system operations and maintenance. 286
8 This framework ensures the City maintains adequate legal authority to comply with Order No. 2022- 0103-DWQ.
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9 Chapter 4: Operation and Maintenance Program

4.1 Updated Map of Sanitary Sewer System
The City of Visalia maintains an up-to-date Geographic Information System (GIS) database of the wastewater collection system. The GIS includes:
• Gravity sewer pipelines with diameter and material attributes • Manholes
• Pump stations (13 total)
• Pressure pipes and valves
• Stormwater conveyance facilities within the service area The GIS is updated whenever new facilities are constructed, modified, or abandoned. Access to the GIS and supporting maps is available to State and Regional Water Board staff upon request.

A current system map illustrating gravity line segments, manholes, pumping facilities, pressure pipes, and stormwater conveyance facilities is provided in Appendix B of this SSMP.

4.2 Preventive Operation and Maintenance Activities
The City conducts preventive maintenance using a Computerized Maintenance Management System (CMMS) to schedule, track, and document work performed by both City staff and contractors.

Preventive maintenance activities include:
• Gravity Sewer Main Cleaning: Systematic cleaning based on a preventive schedule. Problem areas are cleaned at higher frequency.
• Hot Spot Program: Sewer mains with histories of blockages or SSOs (including tree root intrusion areas) are placed on an increased cleaning cycle.
• CCTV Inspections: Closed-circuit television (CCTV) inspections are performed on a scheduled basis and after SSOs to assess structural and maintenance conditions. • Manhole Inspections: Manholes are inspected for inflow/infiltration, corrosion, structural damage, and obstructions.
• Lift Station Inspections: Inspected twice weekly for pump function, alarms, electrical systems, and wet well condition.

All inspection and maintenance data is logged in the CMMS, which tracks:
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10 • Areas prone to root intrusion or recurring blockages • Locations with structural defects
• Completion of scheduled tasks vs. emergency work

4.3 Training
The City provides ongoing training for wastewater collection staff, including in-house sessions, external courses, and practice drills. Training topics include:
• General Order Requirements: Review of Order No. 2022-0103-DWQ provisions. • Spill Emergency Response Plan: Procedures for responding to SSOs, including practice drills and safety training.
• Spill Volume Estimation: Field operators receive training in consistent methods for estimating SSO volume.
• CIWQS Reporting: Staff responsible for data entry are trained in CIWQS reporting procedures, while the Public Works Manager (LRO) maintains certification authority. • Confined Space Entry, Equipment Operation, and Safety: Training ensures staff remain qualified for field operations.

Training records are maintained and updated annually.

4.4 Equipment Inventory
The City maintains a detailed inventory of wastewater collections equipment, including vehicles, pumps, trailers, bypass systems, and specialized maintenance tools.

The complete Wastewater Collections Equipment Inventory (2025) is included in Appendix E of this SSMP. This appendix identifies:
• Critical Equipment: Combination jet/vac trucks, CCTV inspection van, portable pumps, generators, and bypass piping.
• Replacement and Spare Parts: Pump motors, manhole covers, plugs, and safety equipment. • Support Equipment: Heavy equipment (excavator, backhoe, skid steer, dozer), trailers, compressors, and service vehicles.
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11 4.5 Summary
The City of Visalia’s Operation and Maintenance Program includes up-to-date GIS mapping, a preventive maintenance schedule supported by a CMMS, comprehensive staff training, and a robust equipment inventory. Together, these elements ensure that the City effectively manages its wastewater collection system, minimizes SSOs, and maintains compliance with Order No. 2022-0103-DWQ. 290
12 Chapter 5: Design and Performance Provisions

5.1 Updated Design Criteria and Construction Standards and Specifications The City of Visalia requires that all new sanitary sewer system components — including pipelines, manholes, pump stations, and appurtenances — be designed, constructed, repaired, and rehabilitated in accordance with the City of Visalia Standard Specifications and the City of Visalia Design and Improvement Standards.

Key provisions include:
• Hydraulic Capacity: Pipelines and pump stations must be designed to convey peak dry weather flows and peak wet weather flows consistent with the City’s Master Plan and industry standards (e.g., Ten States Standards, ASCE guidelines).
• Materials and Installation: All materials (pipe, manholes, force mains, valves) must meet ASTM and AWWA standards, and be installed per the City’s governing standards. • Pump Stations: Pump station design criteria include redundancy (at least two pumps), emergency backup power or bypass pumping capability, and SCADA alarm notification. • New Development: Developers are required to design and construct sewer facilities to City standards at their expense, subject to City review and approval. • Rehabilitation: Repair and rehabilitation projects are designed to restore hydraulic capacity, address structural deficiencies, and extend service life.

If deficiencies are identified in existing design criteria, component-specific evaluations (hydraulic modeling, flow monitoring, CCTV inspections) are used to verify capacity and inform updated standards.

5.2 Procedures and Standards
The City has established procedures and standards for the inspection and testing of newly constructed, installed, repaired, or rehabilitated sewer facilities, including:
• Pipeline Testing: New and rehabilitated pipelines are subject to low-pressure air testing, deflection testing, and CCTV inspection prior to acceptance. • Manhole Testing: New and rehabilitated manholes are tested for watertightness using vacuum testing.
• Pump Station Start-Up: Newly constructed or rehabilitated pump stations undergo start-up testing, wet well drawdown testing, and verification of alarms and backup systems. 291
13 • Material Certification: Contractors must submit material certifications verifying compliance with City standards and approved submittals.
• Inspection Oversight: All construction and rehabilitation work is inspected by City Public Works inspectors to ensure adherence to the City of Visalia Standard Specifications and the Design and Improvement Standards.

5.3 Summary
The City of Visalia ensures that its sanitary sewer system is properly designed, constructed, and maintained through the Standard Specifications and Design and Improvement Standards, coupled with rigorous inspection/testing procedures. These provisions ensure system components meet hydraulic capacity requirements, protect infrastructure integrity, and maintain compliance with Order No. 2022- 0103-DWQ.

5.4 Engineering General Design Standards
The City’s Standard Specifications (Appendix I) and Design and Improvement Standards (Appendix J) contain detailed requirements for the design, construction, and improvement of sanitary sewer facilities.

Certain provisions from the 2008 specifications remain in effect where the 2013 updates did not address specific criteria. Key standards are summarized below.

5.4.1 Minimum Pipe Cover
• Details E-1 and E-2 of the Design and Improvement Standards specify a minimum pipe cover of

2.0 feet.
• If the minimum cover cannot be achieved, pipe encasement is required. • Sewer depths must also be sufficient to allow for proper installation of sewer laterals where applicable.

5.4.2 Manholes
• Manhole requirements are established in the Design and Improvement Standards (Details S-1 through S-6), the 2008 Standard Specifications (Section 19 – Sewer and Storm Drain Structures), and the 2013 Standard Specifications (Section 29 – Storm Drainage and Sanitary Sewer Facilities).
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14 • These standards address manhole construction, frame and cover requirements, spacing, drop connections, and watertightness.
• While the 2013 Standard Specifications contain updated provisions (Section 29), the 2008 Standards and Specifications remain applicable for certain facilities constructed under those criteria, and are therefore retained in this SSMP for reference.

5.4.3 Lift Stations
• Lift station requirements are defined in the Design and Improvement Standards (Detail S-13) and the 2008 Standard Specifications (Section 20 – SEWER PUMP STATION). • These provisions specify design requirements for wet well sizing, pump redundancy, backup power, alarm systems, and access for maintenance.
• The 2013 Standard Specifications did not include updated provisions for lift stations. As a result, the 2008 standards remain the controlling references for lift station design and construction until superseded.

5.4.4 Minimum Pipe Slope
• Section 17 of the 2008 Standard Specifications establishes the minimum slopes for sewer pipe sizes.
• These criteria remain in effect because the most recent specification document does not include slope requirements.
• The slopes ensure adequate flow velocities to minimize solids deposition and maintain selfcleansing conditions within the collection system.

Table 5-1: Minimum Pipe Slopes
Pipe Size (in) Minimum Slope (%)
6 0.35
8 0.24
10 0.18
12 0.14
Source: City of Visalia 2008 Standard Specifications, Section 17 293
15 Chapter 6: Spill Emergency Response Plan

6.1 Overview
The City of Visalia maintains an up-to-date Spill Emergency Response Plan (SERP) to ensure prompt detection and response to sanitary sewer overflows (SSOs). The SERP outlines procedures to minimize spill volume, protect public health, and mitigate environmental impacts. The SERP is included in Appendix C of this SSMP.

6.2 Spill Notification Procedures
• Primary Responders: All SSOs are reported immediately to the Wastewater Collection Superintendent and the Public Works Manager (LRO).
• Call Intake & Dispatch:
o Business hours: Calls are received by the Water Reclamation Facility Operations Control Center at (559) 713-4403 and dispatched to collections crews. o After hours: Calls are received by Professional Communications Network (PCN) (City’s contracted 24-hour answering service), which notifies the on-call wastewater collections staff.
• Local Officials: Tulare County Environmental Health and other local officials are notified as required by spill category and potential public health impacts. • Regulatory Agencies: The State and Regional Water Boards are notified via CIWQS within the timeframes in Order No. 2022-0103-DWQ. Cal OES is notified if any discharge reaches surface waters.
• Other Entities: Potentially affected water suppliers, health agencies, and adjacent jurisdictions are notified when impacts may extend beyond City boundaries.

6.3 Compliance with Reporting Requirements
The City complies with all notification, monitoring, and reporting requirements of the General Order, State law, and applicable Regional Water Board Orders, including CIWQS initial and certified reports and water quality monitoring when required.

6.4 Roles and Responsibilities
• Field Crews: Contain/mitigate spills, implement traffic control, and clean impacted areas. 294
16 • Superintendent/On-Call Lead: Directs response, initiates notifications, and ensures documentation.
• Public Works Manager (LRO): Certifies CIWQS reports.
• Contractors: Mobilized as needed for pumping, hauling, or cleanup.

6.5 Spill Response Procedures
Dispatch promptly; establish site safety and traffic control; maintain emergency system operations (e.g., bypass pumping); contain to protect storm drains and waters of the State; remove sewage from conveyances; clean areas without impacting beneficial uses; document all actions.

6.6 Interagency Coordination
Pre-planned coordination with the stormwater division and other utilities supports rapid containment, access to storm drains, and prevention of cross-connections during spill events.

6.7 Post-Spill Activities
Conduct post-spill assessment, prepare documentation (photos, logs, CIWQS reports), and implement remediation to minimize public health impacts and restore beneficial uses.

6.8 Review and Improvement
The Spill Emergency Response Plan is reviewed annually and updated as needed based on drills, afteraction reviews, technology, equipment, and interagency coordination improvements. 295
17 Chapter 7: Sewer Pipe Blockage Control Program

7.1 Program Evaluation
The City of Visalia has evaluated its sanitary sewer system and determined that a Sewer Pipe Blockage Control Program is needed to reduce blockages associated with fats, oils, grease (FOG), rags, and debris. The City experiences FOG-related buildup in portions of the system, primarily in commercial areas with high concentrations of food service establishments (FSEs), as well as rags and debris in certain residential and commercial areas.

The City’s program combines public education, source control, inspections and enforcement, and increased maintenance in high-risk segments to reduce blockages and prevent SSOs.

7.2 Public Education and Outreach
The City implements a public education and outreach program to promote proper disposal of FOG and other pipe-blocking substances:
• FSE Outreach: Distribution of best management practice (BMP) materials during inspections, including posters and fact sheets on proper grease disposal. • Residential Outreach: Periodic mailers, utility bill inserts, and City website content educating residents about not disposing of wipes, rags, and cooking grease down household drains. • Implementation Schedule: Outreach is ongoing year-round, with annual review and updates prior to the next fiscal year.

7.3 Disposal of Pipe-Blocking Substances
• FOG Disposal: FSEs are required to clean grease control devices and dispose of waste grease and solids at approved rendering or grease recycling facilities. • Debris and Rags: Debris collected during cleaning and maintenance is transported to the City’s Water Reclamation Facility for disposal.
• Planning for Additional Facilities: The City periodically evaluates disposal options to ensure adequate facilities remain available for the service area.

7.4 Legal Authority
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18 The City’s Municipal Code Chapter 13.08 prohibits the discharge of FOG, debris, rags, and other materials in quantities that may cause blockages, requires the installation and maintenance of grease removal devices, and authorizes inspections and enforcement.

7.5 Grease Removal Devices and Standards
• Requirements: Food Service Establishments must install grease removal devices (e.g., traps or interceptors) sized and designed per the City of Visalia Design and Improvement Standards. • Maintenance: Grease control devices must be cleaned regularly to prevent accumulation. • BMPs and Recordkeeping: FSEs must maintain BMP practices and records of cleaning and disposal.
• Inspections: Inspectors verify the presence, proper maintenance, and recordkeeping for these devices during annual inspections.

7.6 Inspection and Enforcement Authority
• The City has authority to inspect grease-producing facilities, issue notices of violation, and take enforcement action if necessary.
• All FSEs are inspected at least annually, with follow-up inspections for noncompliance. • Staffing: The City has dedicated wastewater collections staff trained to conduct FOG inspections and enforce program requirements.

7.7 Identification of Problem Areas
The City maintains a hot spot cleaning list that identifies sewer segments subject to FOG, rag, or debrisrelated blockages. These areas are identified through:
• CCTV inspections,
• Review of SSO history,
• Field crew observations, and
• Data in the City’s CMMS system.

7.8 Cleaning Schedule for Problem Areas
297
19 • Identified hot spots are placed on increased cleaning frequencies, typically ranging from monthly to quarterly, depending on severity.
• Cleaning schedules are tracked and managed through the City’s CMMS.

7.9 Source Control Measures
For each area identified with chronic blockages, the City implements targeted source control measures, including:
• Focused outreach to upstream FSEs,
• More frequent inspections,
• Enforcement actions where necessary, and
• Evaluation of contributing laterals or private systems for illicit discharges.

7.10 Program Evaluation
The City evaluates the effectiveness of the Sewer Pipe Blockage Control Program annually by reviewing:
• SSO frequency and causes,
• Hot spot cleaning results,
• Inspection and enforcement data, and
• Public outreach outcomes.

Program modifications are made as necessary to ensure effectiveness and compliance with Order No. 2022-0103-DWQ.

7.11 Supporting Materials
Forms, BMP handouts, inspection templates, and enforcement examples are included in Appendix D – FOG Program Supporting Materials.
298
20 Chapter 8: System Evaluation, Capacity Assurance and Capital Improvements

8.1 System Evaluation and Condition Assessment
The City of Visalia conducts routine evaluation and assessment of its sanitary sewer system to maintain system reliability, identify deficiencies, and prioritize maintenance and capital improvements.

The City utilizes a combination of CCTV inspection, manhole inspections, field observations, and hydraulic modeling data to evaluate the condition of the collection system. • Condition Assessment Methods:
o CCTV Inspections are used to assess the interior condition of sewer mains, identify structural defects, root intrusion, infiltration and inflow (I&I) sources, debris accumulation, and other maintenance issues.
o Manhole Inspections are performed to evaluate structural condition, hydraulic performance, and evidence of surcharge or infiltration. o Visual and Field Observations are documented by maintenance crews during routine cleaning, hot spot maintenance, and response to service calls. • Annual Assessment Targets:

Priority is given to high-consequence areas, including:
o Pipelines adjacent to surface waters or in steep terrain; o Areas with high groundwater elevations or environmentally sensitive features; o Areas near waterbodies with bacterial impairments listed under Clean Water Act Section 303(d).
• Climate Change Vulnerability:

As part of condition assessments, the City evaluates assets for vulnerability to climate change impacts, including increased storm intensity and frequency, localized flooding, and power disruption events.
• Recordkeeping:

All inspection and evaluation data are documented and maintained in the City’s GIS and CMMS systems, providing a long-term record of system condition and trends.

8.2 Capacity Assessment and Design Criteria
The City has established procedures to identify system components experiencing or contributing to spills caused by hydraulic deficiencies or limited capacity. These assessments consider:
299
21 • Dry-Weather Peak Flow Conditions that contribute to surcharge or SSOs. • Wet Weather and Design Storm Events that cause increased I&I or capacity exceedances. • Major Sources Contributing to Peak Flows, such as specific basins with known I&I issues or upstream developments.

The City’s hydraulic modeling and master planning programs evaluate the capacity of key system elements, including:
• Gravity mains and trunk sewers;
• Force mains and pump stations;
• Interceptors serving growth areas;
• Flood-prone segments subject to elevated I&I under both current and projected storm conditions.

Capacity assessments use data from system inspections, spill history, and flow monitoring, and account for future conditions, including climate change effects such as higher-intensity storm events and increased erosive forces in nearby streams.

The design criteria used to size new and replacement infrastructure are contained in the City’s Standard Specifications and Design and Improvement Standards (see Appendices I–L) and include required redundancy for pumping and storage capacities.

8.3 Prioritization of Corrective Action
Findings from system condition and capacity assessments are used to prioritize corrective actions based on:
• Severity of deficiencies and likelihood of causing SSOs; • Environmental consequences (e.g., proximity to surface waters, sensitive areas); • Public health and service impacts; and
• Cost-effectiveness and integration with planned capital projects.

Priority actions may include targeted maintenance, rehabilitation, I&I reduction programs, or capital upgrades. The prioritization process is integrated with both the CIP development cycle and day-to-day operations planning.
300
22 8.4 Capital Improvement Plan
The City maintains a Capital Improvement Plan (CIP) that serves as the implementation mechanism for major rehabilitation, replacement, and capacity improvement projects.

The CIP includes:
• Project Schedules and Completion Dates: Each project includes estimated design, bid, and construction timelines.
• Funding Sources: Identified internal (e.g., sewer enterprise fund) and external funding (e.g., grants, loans) for each project.
• Coordination: Close coordination between Operations and Maintenance staff and Engineering staff/consultants during planning, design, and construction phases ensures constructability and operational compatibility.
• Interagency Coordination: Projects are coordinated with other utility agencies and jurisdictions to minimize conflicts and take advantage of joint opportunities (e.g., road work coordination).

Relevant CIP documentation is included in Appendix F.
301
23 Chapter 9: Monitoring, Measurement, and Program Modifications

9.1 Adaptive Management Overview
The City of Visalia implements an Adaptive Management approach to evaluate and continuously improve the Sewer System Management Plan (SSMP). This approach ensures that all Plan elements remain effective, data-driven, and aligned with operational realities and regulatory requirements under Order No. 2022-0103-DWQ.

The City maintains records, monitors performance, and reviews findings from audits and daily operations to identify opportunities for improved performance, spill prevention, and program efficiency.

9.2 Maintaining Relevant Information
The City collects and maintains relevant information to evaluate and improve the SSMP, including:
• Internal audit findings and follow-up corrective actions; • SSO data, including cause, volume, and location trends; • Preventive maintenance records (cleaning, CCTV, inspection frequencies); • Training and safety records for field staff; and
• CIP progress reports related to sewer system upgrades and rehabilitation.

This information is used to establish and prioritize SSMP activities and to guide updates to policies, staffing, and resource allocation.

9.3 Monitoring and Measuring Program Effectiveness
Each SSMP element is monitored and evaluated for effectiveness through a combination of:
• Performance metrics, including SSO frequency, response times, and preventive-maintenance completion rates;
• Review of program implementation, such as FOG inspections, condition assessments, and training compliance;
• Trend analysis of spill data to identify recurring problem areas; and • Assessment of preventive O&M activities, comparing actual cleaning and inspection frequencies against planned schedules.
302
24 The Wastewater Collections Superintendent and Public Works Manager jointly review these data at least annually to determine whether SSMP goals are being met and to identify areas needing improvement.

9.4 Assessment of Preventive Operation and Maintenance Activities The success of preventive operation and maintenance activities is assessed through:
• Tracking the reduction of blockages and SSOs over time; • Evaluating maintenance effectiveness by comparing inspection results before and after cleaning; and
• Reviewing crew productivity and equipment performance data stored in the City’s CMMS.

These evaluations help determine if maintenance frequencies or methods require adjustment.

9.5 Plan Updates and Program Modifications
Based on monitoring results and performance evaluations, the City updates Plan procedures and activities as appropriate.

Plan modifications may result from:
• Internal audit recommendations;
• New or revised regulatory requirements;
• Implementation of new technologies;
• Organizational changes or resource adjustments; or
• Lessons learned from significant SSO events.

All revisions are documented and incorporated into the SSMP during the next update cycle or sooner if warranted.

9.6 Spill Trend Identification and Analysis
The City maintains a historical record of all SSOs and analyzes the data to identify spill frequency, location, and estimated volume trends. These trends are used to:
• Target recurring problem areas for additional cleaning, inspection, or rehabilitation; • Prioritize capital projects and O&M funding; and
303
25 • Measure the long-term effectiveness of preventive and corrective actions.

Trend analyses are incorporated into the City’s internal audit reports and annual performance summaries.

9.7 Continuous Improvement Cycle
The Adaptive Management process functions as a continuous improvement loop:

1. Collect and analyze data from operations, maintenance, and compliance activities;

2. Evaluate performance and identify gaps in SSMP implementation;

3. Prioritize and implement improvements through operational changes or capital projects; and

4. Reassess effectiveness during the next monitoring or audit cycle.

This structured process ensures that the SSMP remains a living document that evolves with the City’s operational experience and regulatory framework.
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26 Chapter 10: Internal Audits

10.1 Purpose
The City of Visalia conducts internal audits of its Sewer System Management Plan (SSMP) to ensure ongoing compliance with Section 5.4 (Sewer System Management Plan Audits) of Order No. 2022- 0103-DWQ.

These audits verify that all elements of the SSMP are implemented effectively, remain appropriate to the size, complexity, and performance of the City’s sanitary sewer system, and support continual improvement.

10.2 Audit Procedures
The City’s internal audit procedures are designed to be proportionate to system size and performance history and include the following steps:

1. Preparation and Scope Definition
o Review prior audit findings, SSO data, and performance metrics to define the audit focus areas.
o Establish the audit period and identify relevant SSMP elements to be reviewed.

2. Review of Program Implementation
o Evaluate the implementation and effectiveness of each SSMP element, including documentation, maintenance records, training logs, and inspection data. o Verify compliance with current regulatory requirements and City policies.

3. Performance Evaluation
o Assess how effectively preventive operation and maintenance programs, spill response, capacity management, and other core SSMP activities are functioning. o Identify areas of non-conformance, inefficiency, or needed procedural updates.

4. Findings and Recommendations
o Document all findings, corrective actions, and recommendations for improvement. o Assign responsibilities and timelines for implementing corrective measures.

5. Reporting and Certification
o Prepare an Internal Audit Report summarizing results and actions taken. 305
27 o The report is reviewed by the Public Works Director and certified by the Public Works Manager (Legally Responsible Official).

10.3 Audit Frequency
Internal audits are conducted at least once every three years, consistent with the General Order.

Additional audits may be performed sooner if significant system changes, major SSOs, or regulatory revisions occur.

10.4 Audit Team
The audit is performed by personnel independent of daily operations to maintain objectivity. Typically, the Public Works Manager and Wastewater Collections Superintendent lead the audit with support from Engineering and Compliance staff as needed.

10.5 Documentation and Recordkeeping
Completed audit reports are maintained for at least five years and included in Appendix A – SSMP Audit Reports.

Audit results are used to inform Plan modifications, CIP prioritization, and training needs.

A summary of findings and updates is presented to the Visalia City Council during SSMP adoption or update proceedings.
306
28 Chapter 11: Communication Program

11.1 Overview
The City of Visalia maintains procedures for effective communication with the public, regulatory agencies, and owners or operators of systems connected to the City’s sanitary sewer system, as required by Order No. 2022-0103-DWQ.

These procedures ensure transparency, timely notifications, and coordination of operations, maintenance, and capital improvements that affect shared infrastructure.

11.2 Communication with the Public

11.2.1 Spill Notifications
The City notifies the public of spills or discharges that:
• Result in closures of public areas, including parks, roadways, or recreational facilities; or • Enter a source of drinking water or pose a potential public health risk.

Notifications are made through one or more of the following:
• Public notices or press releases coordinated with Tulare County Environmental Health and Cal OES;
• Updates posted on the City of Visalia website and social media accounts; and • On-site signage or barriers warning the public to avoid affected areas.

11.2.2 Public Involvement in SSMP Development and Updates The public is provided opportunities to review and comment on the development, implementation, and updates of the Sewer System Management Plan (SSMP).
• SSMP updates and audit findings are presented to the Visalia City Council at public meetings, which are noticed in accordance with the Brown Act.
• Members of the public may submit written or verbal comments prior to Council action. • The current SSMP and internal audit reports are available to the public through the City’s website and at the Public Works Department during business hours.

11.3 Communication with Connected Systems
307
29 The City coordinates with owners and operators of systems that connect to the City’s collection system, including the Goshen Community Services District (GCSD) and other industrial or private connections.

This coordination includes:
• Operational Communication: Notification of planned or emergency activities that could impact connected flows or service reliability.
• Maintenance Coordination: Scheduling of joint maintenance, inspections, or repairs where infrastructure interconnects.
• Capital Improvement Coordination: Sharing information on capital projects that may affect flow routing, capacity, or service boundaries.

The City maintains open communication channels with connected system operators to ensure consistent performance and compliance across system interfaces.

11.4 Program Review and Updates
The Communication Program is reviewed during each triennial SSMP audit and updated as necessary to reflect improvements in public notification procedures, communication technologies, or changes in interagency coordination agreements.
308
30 Table of
Appendices
Appendix Title Contents / Description
Appendix A SSMP Audit Reports Includes the most recent (2025) internal audit and prior audit reports, if available. Also includes the
standard Internal Audit Report template and
checklist used for future cycles.

Appendix B Sewer System Map GIS-generated map showing the City’s sanitary sewer collection system, including gravity mains,
manholes, force mains, and 13 lift stations.

Contains a metadata statement and date of data
accuracy.

Appendix C Spill Emergency
Response Plan (SERP)
Comprehensive procedures for spill response,
notification, containment, cleanup, and post-spill
assessment. Includes callout flowchart, field
response forms, and reporting templates.

Appendix D Sewer Pipe Blockage
Control / FOG Program
Supporting Materials
Food Service Establishment inspection forms, FOG
best management practices (BMP) sheets, and
sample enforcement documents.

Appendix E Operations and
Maintenance Resources
Wastewater Collections equipment inventory
(2025), critical spare parts list, and maintenance
schedule summaries.

Appendix F Capital Improvement
Program (CIP)
References
Extracts from the City’s current wastewaterrelated CIP, including project descriptions, schedules, and funding sources for collection
system improvements.

Appendix G SSMP Adoption Record Documentation of City Council approval and adoption of the 2025 SSMP, including the staff
report, agenda summary, and meeting minutes
excerpt.
309
31 Appendix H Organizational Structure 2025 Public Works organizational chart identifying the Director, Public Works Manager (LRO),
Wastewater Collections Superintendent, leads,
and staff. Includes a communication flowchart for
SSO reporting and SSMP implementation.

Appendix I City of Visalia Standard
Specifications (2008 and
2013 Combined)
Consolidated reference of relevant Standard
Specification sections, including:
• Section 17 – Minimum Slopes
• Section 19 – Sewer and Storm Drain Structures
• Section 20 – Lift Station Standards
• Section 29 – Storm Drainage and Sanitary Sewer
Facilities (2013 Update).

Appendix J City of Visalia
Engineering Design and
Improvement Standards
(2016)
The City’s most recent adopted Design and
Improvement Standards, containing current
criteria for the design, construction, and
rehabilitation of sanitary sewer facilities.
310
Sewer System Management Plan
(SSMP) Internal Audit Report
City of Visalia
Compliance with State Water Resources Control Board Order No. 2022-0103-DWQ

1. Executive Summary
This internal audit evaluates the implementation and effectiveness of the City of Visalia’s Sewer System Management Plan (SSMP) in compliance with Order No. 2022-0103-DWQ.

The audit was conducted by the Public Works Manager and the Wastewater Collections Superintendent, with support from engineering and compliance staff as needed.

2. Audit Period and Team
Audit Period: 7/1/2025 to 8/10/2025
Audit Team:
- Ben Litwack, Public Works Manager
- Rick Paredez, Wastewater Collections Superintendent

3. Methodology
Each of the eleven SSMP elements were reviewed for implementation status, effectiveness, and compliance with the General Order. Historical SSO data from CIWQS and internal records were evaluated. Engineering and compliance staff were consulted as needed for technical clarifications.

4. Element-by-Element Findings

1. Goals
Status: Needs Update
Summary of Review: The “Goals” chapter still references the previous Order No. 2006-0003.

The definitions still reference spill categories from the previous order.

Recommended Actions: Spill categories should be updated and the newer order no. 2022- 0103-DWQ should be referenced.
311

2. Organization
Status: Needs Update
Summary of Review: Both personnel and organizational structure have changed since the last SSMP was created.

Recommended Actions: Updated organizational structure and personnel with current staff and positions.

3. Legal Authority
Status: Needs Update
Summary of Review: References old general order. Municipal code references are still current.

Recommended Actions: Update to reference new general order.

4. Operations and Maintenance Program
Status: Needs Update
Summary of Review: Mentions that City facilities consist of 6” – 42” diameter pipe. System now has 48” diameter pipe as well. Parts and inventories list is out of date.

Recommended Actions: Need to update to reflect current conditions and equipment/inventories.

5. Design and Performance Provisions
Status: Needs Update
Summary of Review: References old general order and old City standards and specifications.

Recommended Actions: Update to reference newer general order. Update to current City standards and specifications where feasible or specify 2008 document is referenced. Not all of the items referenced in the chapter carried over to the current standards.

6. Overflow Emergency Response Plan
Status: Needs Update
Summary of Review: References old general order. References different non-business hours call center. References inclusion of Overflow Emergency Response Plan as an appendix but does not include it.

Recommended Actions: Needs to be updated to reference newer general order and current call center. Attach Overflow Emergency Response Plan

7. FOG Control Program
Status: Needs Update
312
Summary of Review: References old general order. Update needed in 8.8.1 to note that FSE’s are now routinely inspected whether or not a blockage or overflow in the sanitary sewer has occurred.

Recommended Actions: Need to update to reference newer general order and current FSE inspection practices.

8. System Evaluation and Capacity Assurance Plan
Status: Needs Update
Summary of Review: References old general order. Does not mention that a new master plan is being developed.

Recommended Actions: Update to reference newer general order and mention that a new master plan is being developed.

9. Monitoring, Measurement, and Program Modifications
Status: Needs Update
Summary of Review: References old general order
Recommended Actions: Update to reference new general order.

10. SSMP Program Audits
Status: Needs Update
Summary of Review: References old general order.

Recommended Actions: Update to reference new general order.

11. Communication Program
Status: Needs Update
Summary of Review: References old general order.

Recommended Actions: Update to reference new general order. Should mention that public hearing will be held once SSMP is updated.

5. Summary of Recommended Updates
Since the SSMP was last updated in 2012 and all elements reference an old general order, an update will need to be made to reflect the new general order. Updates will also need to be made to reflect changes in organizational structure, personnel, equipment, and inventories.

There have been no Sanitary Sewer Overflows from City-owned facilities since the SSMP was implemented so the plan appears to have been effective. 313
The SSMP will be updated in August of 2025 and brought to City Council for approval in September of 2025.

6. Certification
I certify under penalty of perjury that this audit report is true and accurate to the best of my knowledge.

Name: Ben Litwack
Title: Public Works Manager
Date: August 11, 2025
314
315
City of Visalia Spill Emergency Response Plan (SERP)
(To be adopted by City Council and included as Appendix C to the SSMP)

1. Purpose and Scope
This Spill Emergency Response Plan (SERP) establishes procedures for prompt response to sanitary sewer overflows (SSOs) to minimize public health risks, protect the environment, and comply with Order No. 2022-0103-DWQ. The plan applies to all City of Visalia wastewater collection system staff and contractors.

2. Spill Detection and Notification

2.1 Detection
SSOs may be detected through:
• Public calls to City Hall, the WRF Operations Control Center, or the City’s after-hours answering service (Professional Communications Network, PCN).
• Field staff observations during routine inspections or maintenance. • SCADA alarms from pump stations.
• Reports from other agencies or utilities.

2.2 Notification Procedures
• Business Hours: Calls are received by the WRF Control Center (559-713-4403) and dispatched to the Wastewater Collection Superintendent or designee.
• After Hours: Calls are received by PCN, which immediately contacts the on-call Wastewater Collections staff.
• Escalation: The Wastewater Collection Superintendent notifies the Public Works Manager (LRO) for large or sensitive SSOs.

3. Spill Response Procedures

3.1 Initial Response
• Dispatch field crew immediately.
316
• Establish traffic control and site safety.
• Assess the extent of the spill and identify the source. • Stop the spill at its source where possible.

3.2 Containment and Control
• Use sandbags, plugs, bypass pumping, or vacuum trucks to contain and recover sewage. • Protect storm drains using mats, plugs, or temporary berms. • Divert flows to adjacent manholes when feasible.

3.3 Mitigation
• Remove spilled sewage from impacted areas, including storm drains. • Wash and disinfect paved surfaces with minimal water use. • Apply absorbent or lime for residual sewage.
• Collect all contaminated materials for disposal at the WRF or other approved facility.

4. Notifications to Agencies

4.1 Internal
• Wastewater Collection Superintendent (field response lead). • Public Works Manager (LRO, CIWQS certification).
• Public Works Director (major events).

4.2 Regulatory
• CIWQS Reporting (State and Regional Water Boards): Initial within required timeframe; Certified by LRO.
• Cal OES: If spill reaches surface waters.
• Tulare County Environmental Health: All Category 1 and 2 SSOs.

4.3 Other Entities
• Water suppliers if potable water sources are threatened. • Adjacent cities/jurisdictions if flows cross boundaries. 317
• Public notification if spills impact public areas.

5. Documentation and Reporting
• Field crews complete an SSO response report including estimated volume, duration, cause, corrective actions, and photos.
• Wastewater Collection Superintendent reviews and enters data into CIWQS. • Public Works Manager (LRO) certifies reports.
• All records retained for at least five years.

6. Training and Drills
• Annual refresher training for all collection staff on spill response, reporting, and safety. • Annual field drill simulating an SSO response.
• CIWQS data entry training for designated staff.

7. Post-Spill Assessment
• Conduct a root cause analysis.
• Evaluate response effectiveness.
• Identify corrective actions (e.g., system improvements, procedural changes). • Update the SERP annually based on lessons learned.

8. Resources and Equipment
• Jet/Vac trucks and CCTV van.
• Portable pumps and generators.
• Sandbags, mats, plugs, absorbents, and disinfectants. • Traffic control equipment.
• Spill response forms and reporting checklists (included as Appendices to this SERP). 318

9. Annual Review
The SERP will be reviewed annually by the Public Works Department to ensure compliance with regulations, update contact information, and incorporate improvements based on training and spill events.
319

APPENDIX D
320
321
Citation Number
28585
City of Visalia • Municipal Code

ADMINISTRATIVE CITATION
D Warning Only
VC 9.32.030 • Subsequent violation will result in fine assessment.

Date of Violation1-
J • l 025rime \ '· \ 5 am!@:) S@TWTFS CE ____ _
•
Date Citation Issued _� \ 1� ....c.....-.)l,\.c..,_-+-7\ --..,_ __ ....c;ka ;..._D-.:::z-_.'.) _______ _ Driver's License # __ ...::====:::._State:==_ Birthdate _____ _ Sex�air�yes�eight�eight�e
Location of Violation ____________________ _
finn for violating the City of Visalia Municipal Code are $100 for the first offense, $200 for a second violation of the same ordinance within one year and $500 for each additional violation within one year.

Section Description of Violation Fine Due and Payable

1. N t>-i SCA'f\C:P, t)'C :\?B.\J tY)DOY\ t)\ �. 5288 ,6698, � $ '300 2 \\I\0.2thc:k1vQ., \')'\{Al\'ill'{\(»J\ f.R_, or $100. $200, $500, or$�

3. O�'f
��� Q � )Q\)Je'< 5-iW.ro $100,$200 , $500,orS�

4. \= >-\<o{JD $100,S200,S500, orS...____

5. r)f-. ½-1 Ji"kl 11�n.lblJs100,s200 ,S500, or$�
THE TOTAL AMOUNT OF FINE DUE AND PAYABLE WITHIN TEN (10) DAYS IS$ 30 0 .00 __ Violation not committed in my presence, declared on information and belief.

Evidence seized? 1' Photographs taken? @)t No Number attached· 3 Supplemental report(s
) attached? Yes/ No Departmen1 :1/\N • \PlAJ
under the laws of the State of California the foregoing is true /2803
ID#
If you would like to contest this citation and appear before an Administrative Hearing Officer you must me a written notice of request to appeal wjthin 10 days of having been issued the Administrative Citation. If you fail to do so your appeal rights shall be deemed waived and the Administrative Citation fine shall become final. Written Appeal forms are available at:

City of Visalia Community Development Department
315 E. Acequia Avenue, Visa/la, CA 93291

FAILURE TO PAY ASSESSED FINES IS A MISDEMEANOR AND VIOLATORS SHALL BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW.

REV. 4/20

FINANCE
322
323
324
325
326
327
328
Managing FATS, OILS, and GREASE
1 DO NOT pour cooking
residue directly into
the drain.
2 DO NOT dispose of
food waste into the
garbage disposal.
3 DO NOT pour waste
oil directly into the
drain.
4 DO NOT wash floor
mats where water
will run off directly
into the storm drain.
4 Clean mats inside
over a utility sink.
3 Collect waste oil and
store for recycling.
2 Dispose of food waste
directly into the
trash.
1 Wipe pots, pans, and
work areas prior to
washing.

DON’T... DO...

Partners in Grease Management:
329
City of Visalia
Water Reclamation Facility-Pretreatment
7579 Ave 288 • Visalia, CA • (559) 713-4465

FATS, OIL, AND GREASE (FOG) INSPECTION REPORT FOR FOOD SERVICE ESTABLISHMENTS Facility Information
Facility Name:

Facility Address:

Facility Phone:

Owner or Authorized Person:

Type of Facility:

Full Service Restaurant Take Out Eating Pizza Delivery / Carry Out Delicatessen Pizza Parlor Dine In Limited Service Restaurant Donut Shop Fast Food Ice Cream/Frozen Yogurt
Snack Bar Bakery Coffee Shop
Cafeteria Buffet Catering
Other:

Inspection:

Contact During Inspection:

Inspection Date: Inspection Time (Start to Finish):

Inspection Type: Routine Monitoring Enforcement Follow-up Grease Removal Device (GRD) – 25% Rule Applies
Yes No GRD?
GRD type: Interceptor Grease Trap
Device location:

Device condition:
1st Chamber 2nd Chamber 3rd Chamber 4th Chamber
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
Oil (Top): ____ in
Solids(Bottom): _____in
Total Oil/Solids: _____in
Hydraulic Depth: _____in
% of Solids: ____%
*Cross out box chamber number that does not apply
Kitchen Inspection
Yes No FOG discharge prevention BMP sign posted in dishwashing area Food Processing/Cooking Equipment
Deep fryer Rotisserie Oven
Charbroiler Wok stove Commercial stove / oven
Grill Steam cooker Tilting skillet / kettle
Griddle Steam table Fryer drain rack/bin
Counter top fryer Other
_ Pass _Fail
_ Warning Citation Issued:_____
_Citation Issued : __________
330
Dish Washing / Equipment Cleaning
Yes No Do all drains (sinks and floor) have screens
Yes No FOG discharge prevention BMP sign posted in dish washing area Yes No FOG discharge prevention BMPs followed
Yes No Food scraps/waste present in sink
Yes No Grease/oil residue present in sink
Yes No Automatic dishwashing unit
Food and solid waste disposal
Yes No Food waste segregated from nonfood
Yes No Food waste disposed of in trash
Yes No Food waste bagged to prevent leakage
Yes No Garbage disposal unit
Waste Oil / Grease Disposal:

Yes No If fryer draining rack/bin present, absorbent material under fryer draining rack/bin Yes No Grease collector/trap present on grills, char broilers, rotisseries Yes No Grease collector/trap emptied into waste oil container Yes No Waste oil disposal service used
Waste oil / grease storage container location: Inside Outside Covered Bermed Yes No Waste oil / grease storage enclosure/area clean and free of spilled oil/grease and food Yes No Waste oil / grease storage enclosure has drain connected to grease interceptor Yes No Waste oil / grease storage enclosure has connection hot and cold running water Yes No If no drain and water connection, pavement cleaning service contracted Yes No Waste oil / grease storage enclosure separate from trash Floor Mat Cleaning
Yes No Floor mats present in food prep/cooking areas
Mat cleaning location, i.e. indoors/outdoors (describe):

Yes No Mat cleaning wastewater contained
Yes No Mat cleaning wastewater discharged to grease interceptor Yes No Discharge able to reach Storm water System
Record Inspection
Employee FOG Discharge Prevention BMP Training Records
Yes No Employees are trained on the FOG discharge prevention BMPs Yes No Records of employee FOG discharge prevention BMP training at facility Grease Removal Device (GRD) Maintenance Records
Yes No GRD maintenance and pump down Records at facility GRD Cleaning Firm: Phone Number
Date last serviced: Pump out removal frequency
Yes No GRD / Trap scheduled on an automatic schedule
Waste Oil Disposal
Yes No Waste oil / grease generated at facility
Yes No Records kept at facility
Yes No Waste oil / grease removal scheduled on an automatic schedule Waste Oil Hauler Phone Number
Date last removed: Waste oil / grease removal frequency? 331
Municipal Code Compliance

13.08.570 Traps required.

Grease, oil and sand traps shall be provided when, in the opinion of the City, they are necessary for the protection of the sewerage system from liquid wastes containing grease in excessive amounts, or any flammable wastes, sand and other harmful ingredients; except that such traps shall not be required for buildings used solely for residential purposes. Such traps shall be required, for example, on discharges from all service stations, automotive repair garages, car washes, restaurants, eating establishments and food preparation establishments, and such other commercial or industrial establishments as the city may designate. (Ord. 2006-02 (part), 2006: Prior code § 4254)

13.08.580 Construction of traps.

All traps shall be of a type and capacity approved by the city and shall be so located as to be readily and easily accessible for cleaning and inspection. Restaurant traps shall be gas-tight, of a type approved for restaurant use by the division of building safety. Traps for all other facilities, including service stations and garages, shall be in accordance with the adopted plan of the city for such traps or shall be the approved equal thereof as determined by the director. (Ord. 2006-02 (part), 2006: Prior code § 4255)

13.08.590 Maintenance of traps.

When installed, all grease, oil and sand traps shall be maintained by the owner, at owner's expense, in continuously efficient operation at all times. (Ord. 2006-02 (part), 2006: Prior code § 4256)

13.08.520 Limitations on the use of garbage grinders.

A. Waste from garbage grinders shall not be discharged into a community sewer except:

1. Wastes generated in preparation of food normally consumed on the premises;

2. Where the user has obtained a permit for that specific use from the city, and agrees to undertake whatever selfmonitoring is required to enable the city to equitably determine the user charges based on the waste constituents and characteristics.

B. Such grinders must shred the waste to a degree that all particles shall be carried freely under normal flow conditions prevailing in the community sewer, with no particles greater than one-half inch (1.27 centimeters) in any dimension. Garbage grinders shall not be used for grinding plastic, paper products, inert materials, or garden refuse. The installation and operation of any garbage grinder equipped with a motor of one-half horsepower or greater shall be subject to the review and approval of the city. (Ord. 2006-02 (part), 2006: Prior code § 4249)

13.08.480 Prohibitions on discharges.

No user shall introduce or cause to be introduced into the POTW any pollutant or wastewater which causes pass through or interference. These general prohibitions apply to all users of the POTW whether or not they are subject to categorical pretreatment standards or any other National, State, or local pretreatment standards or requirements.

No person shall discharge to a public sewer wastes which, in the opinion of the director, cause, or are capable of causing either alone or by interaction with other substances:

A. A fire or explosive hazard;
B. Obstruction of flow in a sewer system or injury of the system or damage to the wastewater collection, treatment or disposal facilities;
C. Danger to life or safety of personnel;
D. A nuisance, or prevention of the effective maintenance or operation of the sewer system, through having a strong, unpleasant odor;
E. Air pollution by the release of toxic or malodorous gases or malodorous gas-producing substances; F. No person or industrial user shall discharge to the city’s facilities any substance which has or contains:

1. An end-of-pipe discharge temperature in excess of one hundred fifty (150) degrees Fahrenheit (sixty-five and one-half (65.5) degrees C), or a temperature which will inhibit biological activity in the treatment plant, but in no case heat which will cause the influent at the headworks of the treatment plant to exceed one hundred four (104) degrees F (forty (40) degrees C);

2. More than two hundred (200) mg/l of total oil or grease;

3. Any gasoline, benzene, naphtha, fuel oil or other inflammable or explosive liquid, solid or gas;

4. Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in amounts that will cause interference or pass through;

5. Any garbage that has not been properly shredded;

6. Any ashes, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, wood, or any other solid, or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewage system;

7. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 or having any other corrosive characteristic capable 332 of causing damage or hazard to structures, equipment or personnel of the sewage system;

8. Any waters or wastes containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals or create any hazard in the receiving waters of the sewage treatment plant;