Agenda packet — Visalia City Council, June 15, 2026 (part 2 of 5)

3. The City Engineer of the City of Visalia is hereby designated engineer for the purpose of these formation proceedings. The City Council hereby directs the Engineer to prepare and file with the City Clerk a report in accordance with Article 4 of Chapter 1 of the Landscape & Lighting Act of 1972.

PASSED AND ADOPTED: JUNE 15th, 2026 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 2026-30 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 15th, 2026.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
362
CLERK’S CERTIFICATION TO COUNTY AUDITOR
ASSESSMENT DISTRICT NO. 25-03
River Run Ranch Phases 6-10
(Pursuant to Landscaping & Lighting Act of 1972)
TO THE COUNTY AUDITOR OF THE COUNTY OF TULARE:

I hereby certify that the attached document is a true copy of that certain Engineer’s Report, including assessments and assessment diagram, for “Assessment District No. 25-03, City of Visalia, Tulare County, California” confirmed by the City Council of the City of Visalia on June 15th, 2026 by its Resolution No. 2026-30.

This document is certified, and is filed with you, pursuant to Section 22641 of the Streets and Highways Code.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
363
RESOLUTION NO. 2026-31

RESOLUTION ORDERING THE IMPROVEMENTS FOR
ASSESSMENT DISTRICT NO. 25-03
River Run Ranch Phases 6-10
(Pursuant to the Landscape & Lighting Act of 1972)
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:

1. The City Council adopted its Resolution Initiating Proceedings for Assessment District No. 25-03, City of Visalia, Tulare County, California, and directed the preparation and filing of the Engineer’s Report on the proposed formation.

2. The Engineer for the proceedings has filed an Engineer’s Report with the City Clerk.

3. The owners of all land within the boundaries of the proposed annexation area to the landscape and lighting district have filed their consent to be annexed into the district, and to the adoption of the Engineer’s Report and levy of the assessments stated therein.

4. The City Council hereby orders the improvements and the annexation into the assessment district described in the Resolution Initiating Proceedings and in the Engineer’s Report.

5. The City Council hereby confirms the diagram and the assessment contained in the Engineer’s Report and levies the assessment for the fiscal year 2026/27.

6. The City Council hereby forwards the following attachments to Tulare County Recorder’s Office for recordation:
a. Clerk’s Certification to County Auditor
b. Resolution Initiating Proceedings
c. Resolution Ordering Improvements
d. Engineer’s Report:

Exhibit A - Assessment Diagram showing all parcels of real property within the Assessment District
Exhibit B - Landscape Location Diagram
Exhibit C - Tax Roll Assessment
Exhibit D - Engineer’s Report
364
PASSED AND ADOPTED: June 15th
, 2026 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 2026-31 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 15th, 2026.

Dated: LESLIE B. CAVIGLIA, CITY CLERK
By Michelle Nicholson, Chief Deputy City Clerk
365
Exhibit “A”
Assessment Diagram
Landscape & Lighting Assessment District No. 26-01
River Run Ranch Phases 6-10
366
Exhibit “B”
Landscape Location Diagram
Landscape & Lighting Assessment District No. 25-03
River Run Ranch Phases 6-10
367
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 25-03
River Run Ranch Phases 6-10
Fiscal Year 2026-27
APN # Assessment OWNER LOT# DISTRICT
To Be Assigned $882.28 CENTURY COMMUNITIES 25-03093 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03094 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03095 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03096 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03097 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03098 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03099 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03100 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03101 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03102 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03103 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03104 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03105 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03106 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03107 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03108 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03109 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03110 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03111 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03112 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03113 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03114 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03115 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03116 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03117 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03118 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03119 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03120 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03121 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03122 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03123 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03124 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03125 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03126 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03127 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03128 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03129 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03130 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03131 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03132 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03133 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03134 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03135 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03136 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03137 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03138 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03139 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03140 25-03 RIVER RUN RANCH 6-10 368
Exhibit “C”
Tax Roll Assessment
Landscape & Lighting Assessment District 25-03
River Run Ranch Phases 6-10
Fiscal Year 2026-27
To Be Assigned $882.28 CENTURY COMMUNITIES 25-03141 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03142 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03143 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03144 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03145 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03146 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03147 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03148 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03149 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03150 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03151 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03152 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03153 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03154 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03155 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03156 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03157 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03158 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03159 25-03 RIVER RUN RANCH 6-10 To Be Assigned $882.28 CENTURY COMMUNITIES 25-03160 25-03 RIVER RUN RANCH 6-10 369
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-03
River Run Ranch Phases 6-10
Fiscal Year 2026-27
General Description
This Assessment District (25-03, River Run Ranch Phases 6-10) is located on the north side of St. Johns Parkway approximately 800 feet west of McAuliff Street. Exhibit “A” is a map of Assessment District 25-03. This District includes maintenance of shrub area, irrigation systems, street trees, turf and landscape trees, and outlots; including the block walls, street lights, pavement on local streets, and any other applicable equipment or improvements. The maintenance of irrigation systems and block wall includes, but is not limited to, maintaining the structural and operational integrity of these features and repairing and acts of vandalism (graffiti, theft or damage) that may occur. This District includes the preventative maintenance of all internal local City streets by means including, but not limited to, overlays, cape seals, crack seals, and reclamite (oiling). There are a total of 160 lots within the district.

Determination of Benefit
The purpose of landscaping is to provide an aesthetic impression for the area. The lighting is to provide safety and visual impressions for the area. The block wall provides security, aesthetics, and sound suppression. The maintenance of any landscape areas, street lights, streets, and block walls is vital for the protection of both economic and humanistic values of the development.

In order to preserve the values incorporated within developments and to concurrently have an adequate funding source for the maintenance of all internal local streets within the subdivision, the City Council has determined that landscape areas, street lights, block walls, street trees, and all internal local streets, should be included in a maintenance district to ensure satisfactory levels of maintenance.

Method of Apportionment
In order to provide an equitable assessment to all owners within the District, the following method of apportionment has been used. All lots in the District benefit equally, including lots not adjacent to landscape areas, block walls, and street lights. The lots not adjacent to landscape areas, block walls, and street lights benefit by the uniform maintenance and overall appearance of the District.

All lots in the District have frontage on an internal local street and therefore derive a direct benefit from the maintenance of the local streets.

Estimated Costs
The estimated costs to maintain the District includes the costs to maintain any landscaping, street trees, landscape trees, street lights, block walls, and pavement on local streets. The regular preventive maintenance of pavement on local streets is based on the following schedule:

Reclamite on a 5 year cycle, Crack Seal on a 7 year cycle; Cape Seal on a 15 year cycle and Overlays on a 20 year cycle.
370
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-03
River Run Ranch Phases 6-10
Fiscal Year 2026-27
The quantities, estimated costs, and per lot assessment in the “River Run Ranch 6-10” landscape and lighting district are as follows:

Pocket Park 15 Yr Cycle Unit Amount Cost Per Unit
Times per
Year
Annual Cost
Per Unit Annual Total Cost
Turf Area Monthly Sq Ft 5,368 $ 0.034 12 $ 0.41 $ 2,205.60 Shrub Area Monthly Sq Ft 8,498 $ 0.025 12 $ 0.30 $ 2,590.19 Water Monthly Sq Ft 13,866 $ 0.018 12 $ 0.22 $ 2,995.06 Electricity Monthly Meter - $ 20.69 12 $ 248.28 $ -
Trees Annual Each 39 $ 60.00 1 $ 60.00 $ 2,340.00
Custodial Maintenance Monthly Each - $ 172.00 12 $ 2,064.00 $ - Annual Fibar Material
Replacement
Annual Cubic Yd - $ 42.00 1 $ 42.00 $ -
Equipment Inspection Monthly Hourly - $ 98.24 12 $ 1,178.88 $ - Repair/Replace Equipment Monthly Hourly - $ 55.00 12 $ 660.00 $ - Playground Structure Once Each - $ 95,000.00 - $ 6,333.33 $ - Picnic Table Once Each - $ 5,707.00 - $ 380.47 $ -
Bench Once Each 4 $ 1,492.00 - $ 99.47 $ 397.87
Trash Receptacle Once Each 1 $ 1,199.00 - $ 79.93 $ 79.93 Trellis/Arbor Once Each - $ 3,500.00 - $ 233.33 $ -
Outdoor Lighting Pole Once Each - $ 8,000.00 - $ 533.33 $ - Description 20 Yr Cycle Unit Amount Cost Per Unit
Times per
Year
Annual Cost
Per Unit Annual Total Cost
Turf Area Monthly Sq Ft - $ 0.034 12 $ 0.41 $ -
Shrub Area Monthly Sq Ft 49,111 $ 0.025 12 $ 0.30 $ 14,969.03 Water Monthly Sq Ft 49,111 $ 0.018 12 $ 0.22 $ 10,607.98 Electricity Monthly Meter 1 $ 20.69 12 $ 248.28 $ 248.28 Landscape Trees Annual Each 63 $ 60.00 1 $ 60.00 $ 3,780.00 Interior Street Tree Annual Each 223 $ 60.00 1 $ 60.00 $ 13,380.00 Street Lights (Electricity &
Maint)
Monthly Each 32 $ 11.30 12 $ 135.60 $ 4,339.20
Block Wall Annual Ln Ft 2,591 $ 0.75 1 $ 0.75 $ 1,943.25 Project Management Annual Lots 160 $ 40.00 1 $ 40.00 $ 6,400.00 Description 20 Yr Cycle Unit Amount Cost Per Unit
Times per
Cycle
Annual Cost
Per Unit Annual Total Cost
Reclamite (5 year cycle) Twice Sq Yd 25,932 $ 0.96 2 $ 0.96 $ 2,489.47 Crack Seal (7 year cycle) Twice Sq Yd 25,932 $ 0.68 2 $ 0.68 $ 1,763.38 Cape Seal (15 year cycle) Once Sq Yd 25,932 $ 11.16 1 $ 11.16 $ 14,470.06

2.0' Overlay (20 year cycle) Once Sq Yd 25,932 $ 33.42 1 $ 33.42 $ 43,332.37 Total $ 128,331.67
10% $ 12,833.17
Grand Total $ 141,164.83
Number of Lots 160
$ 882.28
10% Reserve Fund (Repairs)
Annual Per Lot Assessment
371
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-03
River Run Ranch Phases 6-10
Fiscal Year 2026-27
Annual Cost Increase
This assessment district shall be subject to an automatic annual increase derived by the following formula:
year “n” assessment = ($141,164.83) (1.05)
(n-1)
where “n” equals the age of the assessment district with year one (1) being the year that the assessment district was formed;
However, in no case shall the assessment be greater than 1) The actual cost of providing the benefit conferred to each parcel plus any prior years’ deficit and less any carryover, as determined annually or; 2) a 10% increase over the prior year’s assessment.

The reserve fund shall be replenished as necessary to maintain a level of 10% of the estimated maintenance cost so long as the annual assessment change does not exceed the limits identified above.

Example 1) The year four estimated costs are $153,869.67 [a 9% increase over the base year assessment of $141,164.83]. The ceiling on the assessment increase for year four would be $163,415.94[ceiling = ($145,373.42) (1.05) (4-1)]. The assessment would be set at $153,869.67 or the actual cost of providing the maintenance effort.

Example 2) The year four assessment is estimated at the actual cost of providing the maintenance effort of $159,516.26 [a 7% increase over the previous year assessment and a 13.0% increase over the base year assessment]. The ceiling on the assessment increase for year four would be $163,415.94 [ceiling = ($141,164.83) (1.05) (4-1)]. The assessment would be set at $163,415.94 or the actual cost of providing the maintenance effort because it is less than the ceiling amount and the year-to-year increase is less than the 10% cap on increases in any given year.

Example 3) The year four assessment is $153,869.67 [a 9% increase over the base year assessment $141,164.83] and damage occurred to the masonry wall raising the year five assessment to $187,720.99 [a 22% increase over the previous year assessment]. The year five assessment will be capped at $169,256.63, a 10% increase over the previous year and under the ceiling of $171,586.74 [ceiling = ($141,164.83) (1.05) (5-1)]. The difference of $18,464.36 will be recognized as a deficit and carried over into future years’ assessment. 372
Exhibit “D”
Engineer’s Report
Landscape & Lighting Assessment District 25-03
River Run Ranch Phases 6-10
Fiscal Year 2026-27
City Engineer Certification
I hereby certify that this report was prepared under my supervision and this report is based on information obtained from the improvement plans of the subject development.

Chris Crawford Date
City Engineer
373
RESOLUTION NO. 2026-32

A RESOLUTION OF THE VISALIA CITY COUNCIL

A RESOLUTION OF INTENTION TO ANNEX
INTO OPEN SPACE DISTRICT NO. 25-01
RIVER RUN RANCH 6-10
BE IT RESOLVED by the City Council of the City of Visalia, California, that:

1. In its opinion, the public interest and convenience require, and it is the intention of said Council to order the annexation into an existing maintenance district in a portion of said City, pursuant to Title 12, Chapter 12.40 of the Ordinance Code of the City of Visalia, to keep it’s designation “Open Space District No. 25-01”, by which name it is and shall continue to be referred to and in all subsequent proceedings, including the proceedings for the levy and collection of charges. The formation of Open Space District No. 25-01 included the entire area of the River Run Ranch 6-10 tentative map, but only 92 of the 160 units were intended to be levied with the formation. This annexation intends to incorporate the remaining 68 units, such that all units of the River Run Ranch 6-10 tentative map are levied for the 2026-2027 fiscal year.

2. Said maintenance district, and the boundaries thereof, benefited and to be assessed for the maintenance and operation of improvements hereinafter referred to, are situated in the Northeast Specific Plan Area, City of Visalia, County of Tulare, State of California, and are particularly described on the attached map Exhibit A, and by this reference incorporated herein.

3. It is ordered that the expense of maintaining and operating parks and parkways, and appurtenance thereto, including, but not limited to, walkways, crosswalks, steps, safety zones, parking areas, platforms, seats, statuary, fountains, certain fencing, drainage facilities; poles, posts, wire, lights, conduits, tunnels, ramps and other suitable or necessary appliances for the purposed of lighting said places or public ways; water mains or sprinkler systems; and ornamental planning including lawns, shrubs and trees, all as now exist or may hereafter be constructed in or for said Maintenance District, and a benefit to said Maintenance District but not to benefit the City of Visalia as a whole, including the cost of necessary repairs, replacements, fuel, power, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, shall be charged to the owners of residential units within said Maintenance District above described. Council has hereby determined that said district will benefit by the maintenance and operation of said improvements and that the amount of $44.28 per year will be charged and shall be collected either by billing by the City of Visalia or collected with property taxes by the County of Tulare. 374
PASSED AND ADOPTED: June 15th, 2026 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 2026-32 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 15
th, 2026.

Dated: June 15
th, 2026 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
375
RESOLUTION NO. 2026-33

RESOLUTION ORDERING THE ANNEXATION INTO
OPEN SPACE DISTRICT NO. 25-01
RIVER RUN RANCH 6-10
WHEREAS, pursuant to Title 12, Chapter 12.40 of the Ordinance Code of the City of Visalia, California, the City Council of said City did adopt resolution of intention to annex into Open Space District No. 25-01 in said CITY; and
WHEREAS, owners of all land within the boundaries of the proposed Open Space District No. 25-01 have filed their consent to the annexation into the existing district; and WHEREAS, the formation of Open Space District No. 25-01 included the entire area of the River Run Ranch 6-10 tentative map, but only 92 of the 160 units were intended to be levied with the formation. This annexation intends to incorporate the remaining 68 units, such that all units of the River Run Ranch 6-10 tentative map are levied for the 2026-2027 fiscal year.

WHEREAS, said Council did declare by adopting said resolution its intention to order, at the expense of maintaining and operating parks, parkways and appurtenance thereto, including, but not limited to; walkways, crosswalks, steps, safety zones, parking areas, platforms, seats, statuary, fountains, certain fencing, drainage facilities; poles, posts, wire, lights, conduits, tunnels, ramps and other suitable or necessary appliances for the purposes of lighting said places or public ways; water mains or sprinkler systems; and ornamental planting including lawns, shrubs and trees, all as now exist or may hereafter be constructed in or for said Maintenance District, and a benefit to said Maintenance District but not to benefit the City of Visalia as a whole, including the cost of necessary repairs, replacements, fuel, power, electric current, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, shall be charged to the owners of residential units within said Maintenance District above described, which district said Council hereby determined will be a district benefited by the maintenance and operation of said improvements and that the amounts so charged are to be collected through billing by the City or with property taxes collected by the County of Tulare.

NOW, THEREFORE HEREBY BE IT RESOLVED and ordered as follows:

1. That the public interest and convenience require and that the additional units of the River Run Ranch 6-10 Estates tentative map are annexed into the existing maintenance district for the maintenance and operation of parks and parkways and appurtenances thereto, including, but not limited to walkways, crosswalks, steps, safety zones, parking areas, platforms, seats, statuary, fountains, certain fencing, drainage facilities; poles, posts, wire, lights, conduits, tunnels, ramps and other suitable or necessary appliances for the purpose of lighting said places or public ways; water mains or sprinkler systems; and ornamental planting including shrubs and trees, all as now exist or may hereafter be constructed in or for said Maintenance District, and a benefit to said Maintenance District but not to benefit the City of 376
Visalia as a whole, which district said Council hereby determines will be the district benefited by the maintenance operation of said improvements.

2. That said district is, and shall continue to be designated as “Open Space District No. 25-01”, by which name it shall hereafter referred to in all subsequent proceedings, including proceedings for the collection of charges in the amount of $44.28 per year; that such charges be collected either by billing by the City of Visalia or collected with property taxes by the County of Tulare.

3. That the district and the boundaries thereof benefited and to be assessed for the maintenance and operation of the improvements described are situated in Tulare County, State of California, City of Visalia and are particularly described on the attached map Exhibit A, and by this reference incorporated herein.

PASSED AND ADOPTED: June 15th, 2026 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 2026-33 passed and adopted by the Council of the City of Visalia at a regular meeting held on June 15
th, 2026
Dated: June 15
th
, 2026 LESLIE B. CAVIGLIA, CITY CLERK
By Reyna Rivera, Chief Deputy City Clerk
377
Exhibit “A”
Open Space District No. 25-01
River Run Ranch 6-10
Fiscal Year 2026-27
APN # Assessment Lot # District Open Space
To Be Assigned $44.28 93 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 94 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 95 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 96 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 97 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 98 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 99 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 100 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 101 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 102 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 103 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 104 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 105 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 106 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 107 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 108 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 109 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 110 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 111 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 112 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 113 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 114 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 115 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 116 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 117 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 118 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 119 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 120 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 121 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 122 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 123 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 124 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 125 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 126 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 127 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 128 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 129 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 130 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 131 RIVER RUN RANCH 6-10 No. 25-01 378
Exhibit “A”
Open Space District No. 25-01
River Run Ranch 6-10
Fiscal Year 2026-27
To Be Assigned $44.28 132 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 133 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 134 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 135 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 136 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 137 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 138 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 139 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 140 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 141 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 142 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 143 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 144 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 145 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 146 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 147 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 148 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 149 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 150 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 151 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 152 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 153 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 154 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 155 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 156 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 157 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 158 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 159 RIVER RUN RANCH 6-10 No. 25-01 To Be Assigned $44.28 160 RIVER RUN RANCH 6-10 No. 25-01 379
Exhibit “A”
Open Space District No. 25-01
River Run Ranch 6-10
Fiscal Year 2026-27
380
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0859 Agenda Date: 6/15/2026 Agenda #: 10.

Agenda Item Wording:

Record final subdivision map - Request authorization to record the final map for Tulare Duplex subdivision, located at the northeast corner of the Tulare Avenue and Lovers Lane intersection (13 lots).

Agenda Date: 06/15/2026
Prepared by:

Jesus Carreno, Assistant Engineer, [email protected], (559) 713-4268 Jason Huckleberry, Engineering & Building Department Director, [email protected] , (559) 713-4495
Department Recommendation: Staff recommends that city council authorize the recordation of the final map for Tulare Duplex subdivision, located at the northeast corner of the Tulare Avenue and Lovers Lane intersection.

Summary:

The final map for Tulare Duplex subdivision will be subdividing a 2.78-acre site into a 13-lot subdivision. The proposed multi-family residential lots, private drive aisle, gated entry, landscaping, and utility and pedestrian access will be maintained by a Homeowner’s Association.

Background Discussion:

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

Fiscal Impact: Impact fees based upon acreage have been assessed to the site improvement building permit and impact fees based upon dwelling units have been assessed to the individual permits for each proposed structure.

Prior Council Action: N/A
Alternatives: None recommended.

Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™381
File #: 25-0859 Agenda Date: 6/15/2026 Agenda #: 10.

Recommended Motion (and Alternative Motions if expected):

I move to authorize the recordation of the final map for Tulare Duplex subdivision located at the northeast corner of the Tulare Avenue and Lovers Lane intersection.

Environmental Assessment Status: Complete
CEQA Review: Categorical Exemption No. 2025-15
Deadline for Action: N/A
Attachments:

1. Aerial Map

2. Location Map

3. Final Map
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 2 of 2 Printed on 6/12/2026
powered by Legistar™382
383
384
SHEET 1 OF 2 Vicinity Map NO SCALE JOB NO. 19172 DWR

S LOVERS LANE TULARE AVENUE SUBJECT
S VISTA STREET PARCEL ALL OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF THE SOUTHERLY LINE OF TRACT NO. 241, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 21 PAGE 77 OF MAPS, TULARE COUNTY RECORDS. EXCEPTING THEREFROM ALL THAT PORTION AS CONVEYED TO THE COUNTY OF TULARE AND DESCRIBED IN GRANT DEED RECORDED OCTOBER 7, 1969 AS DOCUMENT NO. 32546, BOOK 2861, PAGE 130 OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM AS CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION AND DESCRIBED IN GRANT DEED RECORDED OCTOBER 31, 2013 AS DOCUMENT NO. 2013-0071312 OF OFFICIAL RECORDS JANUARY 2026 E LAUREL AVENUE E MEADOW AVENUE E WESTCOTT AVENUE TULARE DUPLEX OWNER: DINUBA ONE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 810 W MAIN ST, APT D VISALIA, CA 93291 SURVEYOR: BORUM LAND SURVEYING INC. 1445 W. GRAND AVE. STE C GROVER BEACH , CA. 93433 SURVEYOR'S STATEMENT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF DINUBA ONE, LLC. FEBRUARY, 2026 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 AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE MONUMENTS NOT YET SET, WILL BE SET WITHIN ONE YEAR OF RECORDATION OF THIS MAP. BRIAN S. BORUM, PLS 8006 DATE CITY SURVEYOR'S STATEMENT I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. MICHAEL E. LONG, PLS 6815 CITY SURVEYOR DATE CITY PLANNER'S STATEMENT I HEREBY STATE THAT THIS FINAL MAP CONFORMS TO THE TENTATIVE SUBDIVISION MAP APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON _________________. PAUL BERNAL PLANNING & COMMUNITY PRESERVATION DIRECTOR/CITY PLANNER DATE RECORDER'S STATEMENT DOCUMENT NO. ____________________ FEE PAID: _________ FILED THIS ______ DAY OF ________________, 20____, AT _____ __M., IN VOLUME ________ OF MAPS ATPAGE ________ TULARE COUNTY RECORDS, AT THE REQUEST OF BORUM LAND SURVEYING INC. TARA K. FREITAS, CPA TULARE COUNTY ASSESSOR/CLERK-RECORDERBY:__________________________________________________ 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 STATE THE SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2, OF TITLE 7 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA. JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER/ CLERK OF THE BOARD OF SUPERVISORS. DEPUTY BY: ____________________________________________ DATE LANDSCAPE & LIGHTING ASSESSMENT DISTRICT ALL THE REAL PROPERTY INCLUDED IN THE BOUNDARIES OF THE SUDIVISION SHOWN UPON THIS MAP IS INCLUDED IN "ASSESSMENT DISTRICT NO. ____, CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA", ESTABLISHED PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972. FLOOD HAZARD ZONE AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NUMBER 06107C0934E) 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% ANNUAL CHANCE FLOODING, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE AVERAGE DEPTHS ARE LESS THAN 1 FOOT, AREAS OF 1% ANNUAL CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN ONE SQUARE MILE, AND AREAS PROTECTED FROM THE 1% ANNUAL CHANCE FLOOD BY LEVEES. OWNER'S STATEMENT THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THAT THE CONSENT OF NO OTHER PERSON IS NECESSARY. WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES: 1. PUBLIC EASEMENTS FOR THE INSTALLATION AND MAINTENANCE OF GAS LINES, AND CONDUITS FOR ELECTRIC, CABLE AND TELEPHONE SERVICES, TOGETHER WITH ANY AND ALL APPURTENANCES PERTAINING THERETO, AS SHOWN HEREON AND DESIGNATED AS "PUE" (PUBLIC UTILITY EASEMENT). 2. PRIVATE EASEMENT FOR INGRESS, EGRESS, PARKING, AND ANY OTHER PERTINENT INFRASTRUCTURE OR SERVICES PERTAINING THERETO AS SHOWN HEREON AND DESIGNATED AS "PRIVATE DRIVE". DINUBA ONE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY BY____________________________________________ ______________________ KEN TURNER, MANAGING MEMBER DATE A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT. NOTARY ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF ________________ ON , BEFORE ME, , PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND _____________________________________________________ ____________________________________________________ SIGNATURE PRINT NAME __________________________________________ COUNTY MY COMMISSION EXPIRES: __________________________ PRINCIPAL PLACE OF BUSINESS MY COMMISSION NUMBER: __________________________ (NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C) OF THE SUBDIVISION MAP ACT.) 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 STATE OF CALIFORNIA COUNTY OF ________________ ON , BEFORE ME, , PERSONALLY APPEARED, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND _____________________________________________________ ____________________________________________________ SIGNATURE PRINT NAME __________________________________________ COUNTY MY COMMISSION EXPIRES: __________________________ PRINCIPAL PLACE OF BUSINESS MY COMMISSION NUMBER: __________________________ (NO NOTARY SEAL REQUIRED PURSUANT TO SEC. 66436 (C) OF THE SUBDIVISION MAP ACT.) L.S. 8006 BRIAN S. BORUM LICENSED LAND SURVEYOR ST AT E OF CALIFORNIA TSM NO. 5604 TRUSTEE'S STATEMENT COMMUNITY WEST BANK, A CALIFORNIA BANKING CORPORATION AS TRUSTEE UNDER DEED OF TRUST RECORDED JUNE 12, 2025 AS DOCUMENT NUMBER 2025-0027285 OF OFFICIAL RECORDS, TULARE COUNTY, DOES HEREBY JOIN IN AND CONSENT TO THE EXECUTION OF THE FOREGOING OWNER'S STATEMENT AND TO THE PREPARATION AND RECORDATION OF THIS MAP AND ALL DEDICATIONS THEREON. NAME____________________________________________ ______________________ DATE TITLE______________________________________________ CITY CLERK'S STATEMENT THIS IS TO STATE THAT AT A REGULAR MEETING OF THE 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, THE PUBLIC UTILITY EASEMENT AS NOTED; ALL INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED 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 BY:__________________________________________________ CHIEF DEPUTY CITY CLERK 385
N45°00'20"E N44° 57' 48"W 7,449 sf LOT 1 8,715 sf LOT 2 8,714 sf LOT 3 8,713 sf LOT 4 8,711 sf LOT 5 12,326 sf LOT 6 12,316 sf LOT 7 8,707 sf LOT 8 8,705 sf LOT 9 8,704 sf LOT 10 8,703 sf LOT 11 8,702 sf LOT 12 10,600 sf LOT 13 1318.64' (1318.64') <N88°54'30"W 1318.86'> 1318.64' (1318.64') <1318.86> N89°25'02"W 2637.28' (N89°25'02"W 2637.28') <2637.71'>
141.09' <141.09'> 130.01' <130.01'>
N0°30'35"W 2652.02' - BASIS OF BEARING (N0°30'35"W 2652.02') <NORTH 2652.52> N89°24'29"W 1318.49' <N88°53'55"W 1318.70'> N0°34'13"W 140.88'
<140.88> 40'
42'

EAST LAUREL AVENUE

SOUTH VISTA STREET
LOVERS LANE 60' 6' GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY PER BK 1909 PG 436 OR 5' GRANT EASEMENT TO SOUTHERN CALIFORNIA EDISON PER INSTRUMENT NO 2004-0110792 OR 60' GRANT DEED TO COUNTY OF TULARE BK 2861 PG 130 OR GRANT EASEMENT TO CITY OF VISALIA PER INSTRUMENT NO 93-078975 OR 20' EASEMENT TO PACIFIC TELEPHONE AND TELEGRAPH COMPANY PER BK 2707 PG 438 OR WEST 1/4 CORNER OF SECT. 34-18/25 FOUND BRASS DISC FLUSH IN CONCRETE PRIVATE DRIVE N89°24'29"W 1228.48' LOVERS LANE TERRACE NO. 2 TRACT NO 241 VOL. 21 PG. 77
PARCEL MAP NO 3691 PM 37-94 CANDELAS II RM 44-82
VISTA HEIGHTS RM 40-58
CANDELAS SUBDIVISION RM 44-23
N0°28'32"W 130.00'
<130.01'>
50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66
49 48 47 46 45 44 43 42 41 40 39 38 37 36 35 34 33 22.5' PRIVATE DRIVE TULARE AVENUE 22.5' PRIVATE DRIVE 20' N89°24'29"W 468.90' N89°24'29"W 641.74' 52.75' 35.03' N0°35'38"E

99.04' 88.00'
N0°35'38"E

99.03' 88.00' 88.00' 88.00' 88.00'
N0°35'38"E

99.01' 88.00'
N0°35'38"E

99.00' 88.00'
N0°35'38"E

98.99' 88.00' 124.54' 124.46' 88.00' 88.00' 88.00' 88.00' 88.00' 90.09' N0°35'38"E

98.96'
N0°35'38"E

98.94'
N0°35'38"E

98.93'
N0°35'38"E

98.92'
N0°35'38"E

98.90'
N0°35'38"E

98.89'
N0°35'38"E

98.87' 28.27'

78.68' 88.00' 88.00' 108.28' 88.00' 88.00' 88.00' 124.54' 124.46' 42' GRANT DEED TO CITY OF VISALIA PER DOCUMENT NO. 2013-0071312 OR 30' 30'
30' 30'
42' 79.19' N89°25'02"W 1183.85'
42'
PARCEL 2 1 51 50 30'

74.54'
N89°22'51"W 2631.71' (N89°22'51"W 2631.71')
NORTHWEST CORNER OF SECT. 34-18/25 PER TULARE COUNTY TIES N0°37'51"W 2650.46' (N0°37'51"W 2650.45') N0°37'51"W 2645.92' CENTER OF SECT. 34-18/25 NOTHING FOUND OR SET SOUTH 1/4 OF SECT. 34-18/25 FOUND BRASS DISC FLUSH IN CONCRETE NORTH 1/4 CORNER OF SECT. 34-18/25 FOUND BRASS DISC IN WELL N0°30'35"W 31.43' R=55' L=25.94' T=13.22' Δ=27°01'27" R=20' L=16.48' T=8.74' Δ=47°12'29" R=20' L=17.13' T=9.13' Δ=49°04'09" N89°24'29"W 1228.48' N25°24'49"E(R) N0°15'02"E(R)
N1°36'38"W(R) N48°49'07"W(R)
N89°25'02"W 63.00'
N0°34'58"E 76.47'
N0°34'58"E 76.46' 31.53' 31.47'
N0°35'38"E

98.96' LEGEND BASIS OF BEARINGS THE WEST SECTION LINE OF SECTION 34-18/25 TAKEN AS N00°30'35"W PER PARCEL MAP NO. 5133 ALL OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 18 SOUTH, RANGE 25 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, LYING SOUTH OF THE SOUTHERLY LINE OF TRACT NO. 241, ACCORDING TO THE MAP THEREOF RECORDED IN BOOK 21 PAGE 77 OF MAPS, TULARE COUNTY RECORDS. EXCEPTING THEREFROM ALL THAT PORTION AS CONVEYED TO THE COUNTY OF TULARE AND DESCRIBED IN GRANT DEED RECORDED OCTOBER 7, 1969 AS DOCUMENT NO. 32546, BOOK 2861, PAGE 130 OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM AS CONVEYED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION AND DESCRIBED IN GRANT DEED RECORDED OCTOBER 31, 2013 AS DOCUMENT NO. 2013-0071312 OF OFFICIAL RECORDS JANUARY 2026 TULARE DUPLEX OWNER: DINUBA ONE, LLC A CALIFORNIA LIMITED LIABILITY COMPANY 810 W MAIN ST, APT D VISALIA, CA 93291 SURVEYOR: BORUM LAND SURVEYING INC. 1445 W. GRAND AVE. STE C GROVER BEACH , CA. 93433 FOUND AND ACCEPTED MONUMENT AS DESCRIBED SET 1/2" REBAR TAGGED PLS 8006 SET 1/2" REBAR TAGGED PLS 8006 AS WITNESS CORNER 5'S OF TRUE COR. RECORD DATA OR CALCULATED THEREFROM PER PARCEL MAP NO. 5133 REC. IN BK. 52 OF PARCEL MAPS AT PG. 40 T.C.R. RECORD DATA OR CALCULATED THEREFROM PER LOVERS LANE TERRACE NO. 2 REC. IN VOL. 21 OF MAPS AT PG. 77 T.C.R. TULARE COUNTY RECORDS OFFICIAL RECORDS LINE INDICATES SUBDIVISION BOUNDARY PRIVATE DRIVE T.C.R. OR EASEMENT OF RECORD THAT CANNOT BE PLOTTED CHICAGO TITLE COMPANY - TITLE NUMBER: FWVI-4272500432-LM DATED: OCTOBER 15, 2025 ITEM NO. 5. EASEMENT(S) FOR THE PURPOSE(S) OF WATER DITCH SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS GRANTED IN A DOCUMENT TO CHARLES P. ARTH RECORDED: FEBRUARY 28, 1896, RECORDED IN BOOK 74, PAGE 328, OF DEEDS 10. EASEMENT(S) FOR THE PURPOSE(S) OF PUBLIC UTILITIES AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT TO SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS RECORDING DATE: MARCH 6, 2023 RECORDING NO.: 2023-0010415, OF OFFICIAL RECORDS 11. EASEMENT(S) FOR THE PURPOSE(S) OF ELECTRICAL SUPPLY SYSTEMS AND COMMUNICATION SYSTEMS AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT TO SOUTHERN CALIFORNIA EDISON COMPANY, A CORPORATION ITS SUCCESSORS AND ASSIGNS RECORDING DATE: JULY 12, 2023 RECORDING NO.: 2023-0031448, OF OFFICIAL RECORDS 12. EASEMENT(S) FOR THE PURPOSE(S) OF PUBLIC UTILITIES AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT TO SOUTHERN CALIFORNIA GAS COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS RECORDING DATE: JULY 31, 2023 RECORDING NO.: 2023-0034676, OF OFFICIAL RECORDS SHEET 2 OF 2 JOB NO. 19172 DWR SEE DETAIL A SEE DETAIL B DETAIL A SCALE 1" = 20" DETAIL B SCALE 1" = 20" ALL DISTANCES ARE SHOWN IN FEET AND DECIMALS THEREOF. TSM NO. 5604 386
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0847 Agenda Date: 6/15/2026 Agenda #: 11.

Agenda Item Wording:

Developer Reimbursement Agreement - Authorize the City Manager to approve the developer reimbursement agreement for the River Run Ranch 8, 9 &10 subdivision located on the north side of East St. Johns Parkway between McAuliff Street and River Run Street.

Agenda Date: 06/15/2026
Prepared by:

Luqman Ragabi, Associate Engineer, (559)713-4362, [email protected] Jason Huckleberry, Engineering & Building Director, (559)713-4495, [email protected] Department Recommendation: Staff recommends authorizing the City Manager to execute the reimbursement agreement for right-of-way dedications along St. Johns Parkway and Tower Road associated with the River Run Ranch 8, 9 &10 subdivision.

Summary:

This item requests authorization for the City Manager to execute a reimbursement agreement for right-of-way dedications associated with the River Run Ranch 8, 9 &10 subdivision in the amount of $291,323.04. In accordance with the transportation impact fee program, the agreement provides transportation impact fee credits for eligible dedications along St. Johns Parkway and Tower Road (approximate Road 148 alignment, road to be officially named later), as recommended by the Development Reimbursement Review Committee.

Background Discussion:

The River Run Ranch 8, 9 &10 subdivision will create 68 residential lots. As part of the tentative map entitlement, the developer was required to dedicate right-of-way through an Irrevocable Offer of Dedication (IOD) for St. Johns Parkway, a designated collector roadway identified in the City's circulation element, and Tower Road, a designated arterial roadway identified in the City's circulation element.

St. Johns Parkway and Tower Road are designated collector and arterial roadways within the City's transportation impact fee (TIF) program, and portions of the required right-of-way dedication are eligible for reimbursement. The River Run Ranch 8, 9 &10 development is dedicating right-of-way necessary to accommodate these future improvements and the reimbursement is being provided through TIF credits.

As part of the subdivision requirements for River Run Ranch 8, 9 &10, the developer is required to pay cash-in-lieu fees for future improvements associated with St. Johns Parkway and Tower Road.

These fees are collected by the City to help fund planned transportation improvements needed to serve future growth and development. The cash-in-lieu fees paid by the developer included costs associated with future roadway improvements such as pavement construction, curb and gutter, sidewalk, parkway improvements, and street lighting within the ultimate right-of-way. Because River Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™387
File #: 25-0847 Agenda Date: 6/15/2026 Agenda #: 11.
sidewalk, parkway improvements, and street lighting within the ultimate right-of-way. Because River Run Ranch 8-10 is dedicating right-of-way needed to accommodate these future improvements, reimbursement is being provided for eligible portions of the dedication through Transportation Impact Fee credits.

The total reimbursement amount is $291,323.04, which will be provided to the developer in the form of Transportation Impact Fee credits applied at the time of building permit issuance for homes within the subdivision. The credits will be distributed incrementally until the total reimbursement amount has been fully accrued.

On February 18, 2025, the reimbursement agreement for the River Run Ranch Subdivision was reviewed and recommended for approval by the Development Reimbursement Review Committee (DRRC). The DRRC is comprised of staff from the Community Development and Finance Departments. The DRRC reviewed the reimbursement to ensure that the costs are reasonable compared to the City’s costs for comparable capital projects.

Fiscal Impact including annual maintenance and operating costs: Transportation Impact Fee credits in the amount of $291,323.04 will be applied to residential building permits within the River Run Ranch 8-10 subdivision.

Prior Council Action: On March 17, 2025, Council authorized recordation of the final map for River Run Ranch 6 & 7.

Other:

On February 18, 2025, the Development Reimbursement Review Committee reviewed and recommended approval of the reimbursement agreement.

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

I move to authorize the City Manager to execute the reimbursement agreement for dedications completed by the River Run Ranch 8, 9 &10 subdivision.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:

1. Aerial Map

2. Draft Agreement
Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™388
File #: 25-0847 Agenda Date: 6/15/2026 Agenda #: 11.

Agenda Item Wording:

Authorize a 5-year sole source contract with Landia - Authorize the City Manager to award a 5- year sole source contract to Landia with an annual not-to-exceed amount of $134,000 and a total contract limit of $670,000, for submersible recycle pump and mixer repair services at the Visalia Water Reclamation Facility.

Agenda Date: 06/15/2026
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 City Council authorize the City Manager to award a 5-year sole source contract with Landia, Inc. to provide services to repair and, when necessary, replace submersible recycle pumps and mixers at the Visalia Water Reclamation Facility in an amount not to exceed $134,000 per year and $670,000 over the life of the contract.

Summary:

The Visalia Water Reclamation Facility uses submersible recycle pumps and mixers in the aeration basins to support biological nutrient removal and reduce nitrogen in the wastewater. The aeration basins contain 4 recycle pumps and 12 mixers, and staff typically maintains 2 spare recycle pumps and 4 spare mixers to minimize downtime when equipment requires repair. Landia, Inc. is the sole provider of parts and repair services for this equipment. Approval of the proposed 5-year sole source contract will allow staff to obtain timely repairs and replacements, as needed, while maintaining critical process reliability.

Background Discussion:

The Visalia Water Reclamation Facility relies on the aeration basin process to treat wastewater and meet regulatory requirements. The recycle pumps and mixers are critical components in this process because they help move and mix wastewater and mixed liquor within the aeration basins, supporting the biological conditions needed to reduce nitrogen before final treatment and discharge.

The facility currently has 4 Landia recycle pumps and 12 Landia mixers installed in the aeration basins. Due to the corrosive and demanding wastewater environment, the pumps and mixers periodically require maintenance, repair, or replacement. To reduce the risk of extended process downtime, staff typically keeps 2 spare recycle pumps and 4 spare mixers available so failed equipment can be removed from service and replaced while repairs are completed.

Landia, Inc. is the sole provider of parts and service for the Landia recycle pumps and mixers used at the WRF. Because the equipment is proprietary and must be repaired with the correct parts and Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™399
File #: 25-0848 Agenda Date: 6/15/2026 Agenda #: 12.
technical expertise, a sole source contract is necessary to ensure repairs are performed properly and the equipment remains compatible with the existing aeration basin systems.

Under the proposed contract, Landia, Inc. will perform repairs on an as-needed basis. If a mixer or pump is inspected and determined to be beyond economical repair, Landia will provide a replacement unit. Establishing a 5-year contract will streamline procurement, reduce delays in obtaining parts and repair services, and support continued reliability of the WRF nitrogen removal process.

Annual spending with Landia over the past three fiscal years has averaged around $85,000. Staff estimates that an annual NTE of $134,000 should be enough to cover the worst-case scenario of needing several extensive repairs on each shelf-spare in a single year.

Fiscal Impact including annual maintenance and operating costs: The proposed 5-year sole source contract will have an annual not-to-exceed amount of $134,000 and a total not-to-exceed amount of $670,000 over the life of the contract.The total contract amount includes capacity for asneeded repairs and potential replacement of pumps or mixers that cannot be repaired during the contract term. Funds are budgeted annually in the Wastewater Fund (431) Capital Budget under CP0439. Costs will only be incurred as services, parts, or replacement units are needed.

Prior Council Action:

May 6, 2019: Approved a 1-year contract with four annual renewal options with Landia, Inc.

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

I move to authorize the City Manager to award a 5-year sole source contract with Landia, Inc. to provide services to repair and, when necessary, replace submersible recycle pumps and mixers at the Visalia Water Reclamation Facility in an amount not to exceed $134,000 per year and $670,000 over the life of the contract.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:

Sole Source Letter
Levine Act
Service Quotes
Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™400
File #: 25-0848 Agenda Date: 6/15/2026 Agenda #: 12.

Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 6/12/2026
powered by Legistar™401
402
403
31537
9280075 1 PCS 233.75 -50.00 116.87
9280225 1 PCS 2,084.00 2,084.00
9260288 10 PCS 7.71 77.10
9280085 9 PCS 6.54 58.86
9260288 6 PCS 7.71 46.26
9260247 8 PCS 3.42 27.36
9260259 8 PCS 2.11 16.88
9260367 8 PCS 15.77 126.16
9280150 1 PCS 822.00 822.00
9360247 2 PCS 169.05 338.10
8117029E 1 PCS 2,453.00 2,453.00
7917179 8 M 158.10 1,264.80
9340009 1 PCS 10.86 10.86
9340052 0.5 M 48.92 24.46
9340009 1 PCS 10.86 10.86
9300066 1 PCS 6,751.00 6,751.00
9260271 6 PCS 5.52 33.12
9380033 3 L 26.00 78.00
7010104 1 PCS 916.00 916.00
7917202 8 M 25.00 200.00
8117039 1 PCS 91.95 91.95
8117067 1 PCS 31.62 31.62
9360106 1 PCS 8.83 8.83
9360251 1 PCS 1,973.00 1,973.00
9360083 2 PCS 206.00 412.00
9280085 6 PCS 6.54 39.24
9260247
AXP-I 800 30.2 HP-360 rpm. ms.

Oil sealing ring, st. steel
Mechanical shaft seal
Acidproof Allen screw CH DIN 912
St. steel washer U
Acidproof Allen screw CH DIN 912
Acidproof nut DIN 934
Acidproof washer DIN 125A
Acidproof Allen screw CH DIN 912
Mechanical shaft seal - Hydrogenated
Nitrile Polished
Ball bearing
Cable entry, ms 132/160, w/max. 7 m
of cable SOW 10AWG10, epoxy
Extra per m cable SOOW 10AWG10
Acidproof hose clamp
Protection hose, black 1 1/4"
Acidproof hose clamp
Stator
Acidproof Allen screw CH DIN 912
Oil Landia Gear SYN 220
External seal control with screened
cable, AXP ms160
Extra per m screened cable, 2G0,75
mm²
Set of O-rings for POP/POP-I/AXP-I
800, ms160
Set of O-rings for gear EM1020
Feather key DIN 6885
Output shaft EM1020 MR1 (3840351)
Roller bearing 30212
St. steel washer U
Acidproof nut DIN 934 8 PCS 3.42 27.36
City of Visalia Water Conservation See Landia´s terms of sales and delivery: www.landiainc.com Plant 7579 Ave 288
Visalia, CA-93277
Tulare USA
Delivery address Payment Terms: Net 30 days
1 5597134176
05/26/26
Service quote SE7758
City of Visalia Water Conservation Plant
7579 Ave 288
Visalia, CA-93277
Tulare
USA
Date
Page
Customer No.

Reference:

Original sag 46515
Landia, Inc
2700 Gateway Centre Blvd
Morrisville, NC 27560
Phone: 919.466.0603
NC Corporation Number: 210229028
Email: [email protected]
Website: www.landiainc.com
Fax: 919.460.1666
Part no. Description Qty. Price Price
404
9260259 Acidproof washer DIN 125A 8 PCS 2.11 16.88
9260367 Acidproof Allen screw CH DIN 912 8 PCS 15.77 126.16 9360108 Locking ring DIN 471 1 PCS 4.33 4.33
60011 Shop supplies 1 PCS 30.00 30.00
60012 Epoxy re-coating of unit 1 PCS 240.00 240.00
60013 Electrical and pressure testing 1 PCS 42.50 42.50 60022 Freight cost 1 PCS 900.00 900.00
JEA Jerquarie Avery 8 HRS 85.00 680.00
31537 SUM 20,079.56
Total in USD 20,079.56
City of Visalia Water Conservation See Landia´s terms of sales and delivery: www.landiainc.com Plant 7579 Ave 288
Visalia, CA-93277
Tulare USA
Delivery address Payment Terms: Net 30 days
2 5597134176
02/10/26
Service quote SE7758
City of Visalia Water Conservation Plant
7579 Ave 288
Visalia, CA-93277
Tulare
USA
Date
Page
Customer No.

Reference:

Original sag 46515
Landia, Inc
2700 Gateway Centre Blvd
Morrisville, NC 27560
Phone: 919.466.0603
NC Corporation Number: 210229028
Email: [email protected]
Website: www.landiainc.com
Fax: 919.460.1666
Part no. Description Qty. Price Price
405
31545 POP-I 4.9 HP-250 rpm. ms.100, EM
1010, 1:6.9
9280008 Oil sealing ring, st. steel 1 PCS 132.35 -50.00 66.17 3840470 Seal control, excl. electronic part DG-I
horizontal
1 PCS 239.00 239.00
9260396 Acidproof Allen screw CH DIN 912 4 PCS 2.63 10.52 3230163 St. steel wear bush w/hardened
surface, POP/L hub, EM1010
1 PCS 1,815.00 1,815.00
9280224 Mechanical shaft seal 1 PCS 1,010.00 1,010.00
9260221 Acidproof Allen screw CH DIN 912 14 PCS 3.42 47.88 9280092 St. steel washer U WRG 1/4" 5 PCS 6.54 32.70
9260228 Acidproof washer DIN 125A 6 PCS 2.02 12.12
9260220 Acidproof Allen screw CH DIN 912 6 PCS 5.52 33.12 9280085 St. steel washer U 3 PCS 6.54 19.62
9260288 Acidproof Allen screw CH DIN 912 6 PCS 7.71 46.26 9260243 Acidproof Allen screw CH DIN 912 6 PCS 4.12 24.72 9280149 Mechanical shaft seal - Hydrogenated
Nitrile Polished
1 PCS 765.00 765.00
3320005E Bearing flange, ms100/112, moisture
sensor, epoxy
1 PCS 928.00 928.00
9360245 Ball bearing 1 PCS 141.60 141.60
3220190 Shaft, POP/L/AXP ms100 3.0/300 1 PCS 1,782.00 1,782.00 9360244 Ball bearing 1 PCS 84.60 84.60
8117027E Cable entry, ms100, w/max. 7 m of
cable SOW 7AWG14, epoxy
1 PCS 1,958.00 1,958.00
7917178 Extra per m cable SOOW 7AWG14 3 M 90.10 270.30
9340007 St. steel hose clamp OETIKER 1 PCS 7.55 7.55
9340003 Protection hose, 1" 0.5 M 32.74 16.37
9340002 St. steel hose clamp OETIKER 1 PCS 8.65 8.65
9300025 Stator 1 PCS 1,564.00 1,564.00
9380033 Oil Landia Gear SYN 220 1.1 L 26.00 28.60
9360225 Roller bearing 32208, DIN 720 1 PCS 150.80 150.80 9360226 Roller bearing 30208, DIN 720 1 PCS 137.95 137.95 9360080 Ball bearing 1 PCS 126.85 126.85
City of Visalia Water Conservation See Landia´s terms of sales and delivery: www.landiainc.com Plant 7579 Ave 288
Visalia, CA-93277
Tulare USA
Delivery address Payment Terms: Net 30 days
1 5597134176
05/26/26
Service quote SE7795
City of Visalia Water Conservation Plant
7579 Ave 288
Visalia, CA-93277
Tulare
USA
Date
Page
Customer No.

Reference:

Original sag 46515
Landia, Inc
2700 Gateway Centre Blvd
Morrisville, NC 27560
Phone: 919.466.0603
NC Corporation Number: 210229028
Email: [email protected]
Website: www.landiainc.com
Fax: 919.460.1666
Part no. Description Qty. Price Price
406
9280050 2 PCS 5.80 11.60
8117035 1 PCS 50.00 50.00
60011 1 PCS 30.00 30.00
60012 1 PCS 240.00 240.00
60013 1 PCS 42.50 42.50
60014 2 PCS 20.00 40.00
60022 1 PCS 500.00 -100.00 0.00
DMO 8 HRS 85.00 680.00
8117163 1 PCS 5,414.00 5,414.00
31545
O-ring
Set of O-rings for POP/POP-I, ms100
Shop supplies
Epoxy re-coating of unit
Electrical and pressure testing
Grease
Freight cost
Daniel Mosley
Gear, EM 1010 MR1 1:6.94, mech
seal, POP-I w/flange ms100-132, ms80
-250 rpm. 2 comp.

SUM 17,835.48
Total in USD 17,835.48
VAT 1,516.04
Total in USD 19,351.52
City of Visalia Water Conservation See Landia´s terms of sales and delivery: www.landiainc.com Plant 7579 Ave 288
Visalia, CA-93277
Tulare USA
Delivery address Payment Terms: Net 30 days
2 5597134176
04/23/26
Service quote SE7795
City of Visalia Water Conservation Plant
7579 Ave 288
Visalia, CA-93277
Tulare
USA
Date
Page
Customer No.

Reference:

Original sag 46515
Landia, Inc
2700 Gateway Centre Blvd
Morrisville, NC 27560
Phone: 919.466.0603
NC Corporation Number: 210229028
Email: [email protected]
Website: www.landiainc.com
Fax: 919.460.1666
Part no. Description Qty. Price Price
407
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0850 Agenda Date: 6/15/2026 Agenda #: 13.

Agenda Item Wording:

Notice of completion - Request authorization to file a notice of completion for the installation of a sludge collection system in primary clarifier 1 at the Visalia Water Reclamation Facility.

Agenda Date: 06/15/2026
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 authorize the filing of a notice of completion for the installation of a sludge collection system in primary clarifier 1 at the Visalia Water Reclamation Facility.

Summary:

This project was part of a series of installations that replaced sludge collection systems in each of the 5 primary clarifiers at the Visalia Water Reclamation Facility (WRF). Staff was able to perform the first 4 installations, but increasing maintenance needs elsewhere in the plant necessitated the procurement of a contractor to perform the fifth installation. Council authorized a sole source purchase order to be issued to W.M. Lyles Co. in the amount of $218,842 to perform the installation since W.M. Lyles was already on site performing the Solids Handling Improvement Project. The project is now complete, and no change orders were required.

Background Discussion:

The WRF utilizes 5 primary clarifiers for the settling of solids from the wastewater stream. Each clarifier consists of a basin that contains a chain-in-flight system that guides floating solids into a trough and settling solids into an underwater collection area to be pumped to the plant’s digesters.

Over time, these chain-in-flight systems wear down and require replacement. Staff had previously purchased the new collection system and performed the installation, but had deferred the installation of the fifth system due to ever increasing maintenance requirements elsewhere in the facility.

During the course of a routine maintenance shutdown and draining of primary clarifier 1, it was discovered that the sludge collection system was damaged beyond repair. This assessment couldn’t be made until the clarifier was drained since most of the collection system is submerged under water and therefore not visible. Primary Clarifiers 2-5 and previously received new collection systems and were still functioning properly. To expedite the repair of the damaged system, staff sought approval from City Council to authorize a sole source purchase order to W.M. Lyles Co. since they were already deployed to the WRF for the Solids Handling Improvement Project. Council approved the contract award on 11/17/2025 and notice to proceed was issued on January 9, 2026.

W.M. Lyles completed the project on May 27, 2026, within budget and without the need for any Visalia City Council Page 1 of 2 Printed on 6/12/2026
powered by Legistar™408
File #: 25-0850 Agenda Date: 6/15/2026 Agenda #: 13.
change orders. WRF staff have verified that the collection system on primary clarifier 1 was installed properly and is in good working order.

Fiscal Impact including annual maintenance and operating costs: P04509 was created for this project and funded out of the Wastewater Fund (431) Capital Budget under CP9362. The budgeted amount for the purchase order was $218,842, which includes five percent retention of $10,942.10.

The amount of the purchase order less retention has been invoiced and paid. Staff intends to release the retention upon filing of the Notice of Completion.

Prior Council Action:

November 17, 2025 - Approved a sole source purchase order in the amount of $218,842 to W.M.

Lyles Co.

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

I move to authorize the filing of a notice of completion for the installation of a sludge collection system in primary clarifier 1 at the Visalia Water Reclamation Facility.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:

P04509
Staff Report Item 16
Scope of Work
W.M. Lyle’s NOC to City of Visalia
NOC
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 2 of 2 Printed on 6/12/2026
powered by Legistar™409
410
411
412
413
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
414

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. 415

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
416
Northern Division - Fresno
1210 W. Olive Avenue
Fresno, CA 93728
Telephone (559) 268-1540
Fax (559) 268-0420
Contractor’s License No. 422390
DIR No. 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 www.wmlylesco.com
Date: May 27, 2026
To: City of Visalia
707 West Acequia Avenue
Visalia, CA 93291
Attn: Ben Litwack
Project: City of Visalia Water Conservation Plant - Remove & Replace Chain and Flight Mechanical Components in Primary Settling Basin #1
Re: Notice of Completion
Mr. Litwack,
This letter serves as formal notice of completion for the City of Visalia Water Conservation Plant, Remove and Replace Chain and Flight Mechanical Components in Primary Settling Basin No. 1, Project No. 52.8713.

The project, owned by the City of Visalia, commenced on January 9, 2026. Final completion of the project was achieved on May 27, 2026.

The work has been completed in accordance with the contract documents. Please let us know if there are any additional items required to close out the project.

If you have any questions or require additional information, please feel free to contact us.

W. M. Lyles Co.

Erick Baeza
Project Engineer
417
Recording requested by and
Please mail instrument to:

City of Visalia
315 E. Acequia Ave.

Visalia, CA 93291
Attn: City Engineer
This instrument benefits City only. No fee required
per Government Code Section 6103
Project
Notice of Completion
NOTICE IS HEREBY GIVEN by the City of Visalia, a Municipal Corporation of the State of California, located at 315 E. Acequia Avenue, Visalia, California, 93291, Owner in fee of the property, that the work of improvement on the property described as:

INSTALLATION OF A SLUDGE COLLECTION SYSTEM IN PRIMARY CLARIFIER 1

AT THE VISALIA WATER RECLAMATION FACILITY
under the contract agreement entered into with W.M. Lyles Co. dated December 17, 2025, as a whole was completed on May 27, 2025 and the City of Visalia hereby accepts said work.

Christopher Crawford, City Engineer and agent of the City of Visalia, deposes and says that he has read said Notice of Completion and knows the contents thereof, and that the same is true of his own knowledge; that he makes this affidavit for and on behalf of the City of Visalia. __________________________________
Date

CITY OF VISALIA
BY __________________________________________
Christopher Crawford
City Engineer
State of California
County of Tulare
Subscribed and sworn to (or affirmed) before me on this __________________ day of ______________________________, 20_______, by Christopher Crawford, proved to me on the basis of satisfactory evidence to be the person who appeared before me. ___________________________________
Date
__________________________________________
Notary Signature
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. 418
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0852 Agenda Date: 6/15/2026 Agenda #: 14.

Agenda Item Wording:

Aquatics Facility Use Agreement and Registration Fee Sponsorship - Authorize the City Manager to execute a one-year facility use agreement with Visalia Unified School District for the City’s use of the pools at Mt. Whitney, Golden West, and El Diamante High Schools for community aquatics programs and accept sponsorship of swim team registration fees for participating students.

Agenda Date: 06/15/2026
Prepared by: Eric Ferreira, Recreation Supervisor, [email protected], 713-4178, Laurissa Roggenkamp, Recreation Manager, [email protected] , 713-4336 and Jason Glick, Parks & Recreation Director, [email protected], 713-4042 Department Recommendation: It is recommended that the City Council authorize the City Manager to execute a one-year facility use agreement with Visalia Unified School District (VUSD) for the use of the pools at Mt. Whitney, Golden West, and the El Diamante during the 2026 spring and summer seasons. This agreement will facilitate the City’s aquatics programs and include the provision for VUSD to sponsor registration fees for students enrolling in the swim team program.

Summary:

The proposed joint-use agreement between the City and Visalia Unified School District allows the City continued access to the pools at Mt. Whitney, Golden West, and El Diamante High Schools for the spring and summer aquatics programming. Under the agreement, the City will receive priority use during the specificized hours in the agreement and will be charged at the nonprofit rate, with estimated costs not to exceed $40,000. VUSD will also continue to sponsor the registration fees for VUSD students enrolled in the City’s recreation swim team program, helping ensure equitable access to youth aquatics sports.

The pool access enables the City to operate key aquatics programs, including swim lessons, recreational swim teams, and public swim session that serve thousands of residents each year. The pool at Redwood High School remains covered under a separate long-term least at no rental use cost to the City for summer use.

Background Discussion:

The City’s Recreation Division has provided aquatics programs to the community, largely through partnerships with VUSD pool facilities. Over the years, the City has contributed significantly to the development of several aquatic sites, including full or partial funding for the construction of pools at Redwood High School, Mt. Whitney High School, Golden West High School, and El Diamante High School.

In 1982, the City fully funded the construction of the Redwood Pool, and in 1984 it purchased the original Golden West Pool, an aluminum structure that was notably used as a warm-up pool during the 1984 Olympic Games. Following these investments, formal agreements were established Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™419
File #: 25-0852 Agenda Date: 6/15/2026 Agenda #: 14.
the 1984 Olympic Games. Following these investments, formal agreements were established between the City and the Visalia Unified School District (VUSD) to allow public use of these facilities.

Currently, agreements covering Mt. Whitney, Golden West, and El Diamante pools have expired. In response to the community’s continued interest in aquatic sports, water safety education, and recreational swimming, City staff and VUSD have worked together to draft a one-year joint-use agreement for the 2026 Spring and Summer seasons. This agreement will ensure continued access to these high school pools for community recreation aquatics programs including swim teams, swim lessons, public swim sessions, and aquatics enrichment activities.

The pool at Redwood remains under a separate, active 99-year lease agreement with the City, which extends through 2081. Under the terms of this lease, the City incurs no usage fees for the pool during summer months.

Through this agreement the City will have priority usage of the pools at Mt. Whitney, Golden West, and the El Diamante during the specified hours listed in the agreement, and VUSD will invoice the City at the non-profit (Schedule II) rate for pool usage and custodial charges. The estimated fees are not to exceed $40,000.

City Aquatic Programs:

Public Swim is available at Redwood throughout the 9-week summer break, offering an affordable opportunity for children and families to enjoy the pool and cool off. Certified lifeguards are present to ensure the safety and well-being of all participants. In 2025, the program saw a total attendance of 1,660 individuals, with an average of 40 attendees per day.

Swim Lessons are offered during an 8-week period each summer, Monday through Friday, for community members aged 6 months and up. These lessons play a vital role in the community as swim lessons significantly decrease the risk of drowning. In 2025 over 1,000 individuals participated in the City’s swim lesson program.

The City facilitates three recreational swim teams, which utilize VUSD pools five nights a week for practice and swim meets from mid-May through July. On average, 600 children participate in the swim team program, with approximately 60% of participants being VUSD students. In 2025, VUSD sponsored the registration fee for its students in the swim team program, totaling $58,090. For the upcoming 2026 season, VUSD will continue its support by covering the enrollment fees for VUSD students, with an estimated contribution of $59,660 ($190 per participant).

This agreement represents a mutually beneficial arrangement between the City and Visalia Unified School District, contributing to the enrichment of community recreational opportunities and ensuring that all students have the opportunity to participate in aquatic sports. Approval of this agreement will enable the City to continue providing quality aquatics programs for the benefit of the Visalia community.

Fiscal impact including annual maintenance and operating costs: The City has budgeted for the aquatics program expenditures and revenues. Estimated expenditure for pool use and custodial fees are not to exceed $40,000. Estimated revenue for VUSD students enrolled in the swim team program is $59,660.

Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™420
File #: 25-0852 Agenda Date: 6/15/2026 Agenda #: 14.

Prior Council Action: 5/19/2025 City Council Authorized the City Manager to execute a one-year agreement for the 2025 spring and summer aquatics program seasons.

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

I move to authorize the City Manager to execute the one-year facility use agreement and sponsorship of swim teams with Visalia Unified School District.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments: 2026 Joint Use Agreement between VUSD and City for pool use and program sponsorship
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☒
Organizational
Excellence
☐
Fiscal
Strength
☐
Infrastructure &
Growth
☒
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 6/12/2026
powered by Legistar™421

JOINT USE AGREEMENT
This Joint Use Agreement (“Agreement”) is entered into as of May 12, 2026 (“Effective Date”) by and between Visalia Unified School District, a public-school district organized and existing under the laws of the State of California (“District”) and City of Visalia a political subdivision of the State of California located in Tulare County (“City” and together with the District, “Parties”).

RECITALS
WHEREAS, District and City desire to enter into a joint use agreement for use of District’s pools at El Diamante High School, Golden West High School, Mt. Whitney High School, and Redwood High School, as identified in Exhibit A to this Agreement.

WHEREAS, California Education Code sections 10900, et seq., empower District and City to cooperate with each other and enter into agreements for the purpose of organizing, promoting, and conducting programs for community recreation; establishing a system of playgrounds and recreation; and acquiring, constructing, improving, maintaining, and operating recreational centers.

WHEREAS, the Parties desire to contract for the use and maintenance of District pools at El Diamante High School, Golden West High School, and Mt. Whitney High School, and Redwood High School for the City’s Summer Swim Program as further described in Exhibit B of this Agreement (“Summer Swim Program”).

WHEREAS, in return for the use of District pools at El Diamante High School, Golden West High School, and Mt. Whitney High School, the City shall pay for Facility Use and Other Fees, plus technician fees, if the worker hours are after operational hours. Fees are listed in Exhibit C for the City’s Summer Swim Program (“Schedule of Facility Use and Other Fees”).

During normal business hours, the technician fees are waived for the City.

WHEREAS, the City shall invoice the District’s Expanded Learning Opportunities Program (“ELO-P”) for approved District students registered for the City of Visalia Recreational Swim Teams at a cost of $190 per student.

NOW, THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties agree as follows:

1. Facilities. This Agreement sets forth the terms of use by the Parties of certain Facilities owned by District located at the sites listed in Exhibit A attached hereto. The terms “Facility” or “Facilities” refer only to a facility or facilities located at the sites identified in Exhibit A.

2. Equipment Use. This Agreement sets forth the terms of use by the Parties of Equipment owned by the District located at the sites listed in Exhibit A attached hereto. The term “Equipment” refers only to equipment located at the sites identified in Exhibit A. City is hereby authorized to use the Colorado Timing System 6 controller and any compatible equipment located at the Facilities and necessary for the management of the Summer Swim Program. 1 422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0853 Agenda Date: 6/15/2026 Agenda #: 15.

Agenda Item Wording:

Goshen Community Services District - Updated Service Agreement - Approve an updated wastewater service agreement with the Goshen Community Services District.

Agenda Date: 06/15/2026
Prepared by: Nick Bartsch, Public Works Director, [email protected], 713-4052 Department Recommendation: Staff recommends that Council approve the updated wastewater service agreement with the Goshen Community Services District (GCSD).

Summary:

The City of Visalia entered into an agreement with the Goshen Community Services District (GCSD) in 1995, which established that the City would accept and treat wastewater discharge from the community of Goshen. The existing, over 30-year-old, agreement contains ambiguity, includes terms and provisions that are no longer applicable, and also fails to meet the current and projected needs of both the City and the GCSD. The proposed updated agreement clearly addresses the uncertainties over available capacity in the current agreement and better defines the roles and responsibilities of each party. While it does not guarantee future capacity increases beyond what has been identified, planned, and accounted for to date, it does provide a pathway for future requests through clear communication, planning and capacity analysis.

The Goshen Community Services District Board of Directors approved the proposed updated agreement at its regular Board Meeting held on May 28, 2026.

Background Discussion:

The existing agreement between the City of Visalia and the Goshen Community Services District (GCSD or District) was established in 1995 and provided for the treatment of wastewater discharge from the Community of Goshen. The agreement established maximum limits (both daily and monthly average) of not only flow discharged, but also of specific components that comprise that flow, Biochemical Oxygen Demand (BOD) and Total Suspended Solids (TSS).

The existing agreement has been amended numerous times to ultimately increase the quantities of each of the discharge factors. Due to the ambiguity of the language in the original agreement, there was some trepidation over the true capacity available to the District each time these amendments occurred.

The revised language in the updated agreement clearly addresses the existing and proposed capacities available to the District to build out their existing sphere of influence, which has been planned and account for through the City’s updated 2024 Water Reclamation Facility (WRF) Master Plan. The agreement provides for specific increases in District capacities in accordance with planned Visalia City Council Page 1 of 5 Printed on 6/12/2026
powered by Legistar™437
File #: 25-0853 Agenda Date: 6/15/2026 Agenda #: 15.

Plan. The agreement provides for specific increases in District capacities in accordance with planned projects at the WRF.

The District is obligated to pay the fees and charges associated with these increases according to the schedule set forth within the agreement, and at the adopted rates at the time of those increases. 2027 Expansion: No earlier than 07/01/2026, and no later than 01/03/2028, the District shall pay the applicable Capacity Purchase Fees, upon which the quantities shall be deemed amended as follows:
2027 Amended Average Daily Discharge: On an annual basis, the District’s daily average discharge shall not exceed the following limits:
2027 Amended Maximum Daily Discharge: The District’s maximum daily discharge shall not exceed any of the following limits:
2030 Expansion: No earlier than 01/01/2030 and no later than 06/03/2030, the District shall pay the applicable Capacity Purchase Fees, upon which the quantities shall be deemed amended as follows:
2030 Amended Average Daily Discharge: On an annual basis, the District’s daily average discharge shall not exceed the following limits:
2030 Amended Maximum Daily Discharge: The District’s maximum daily discharge shall not exceed any of the following limits:

Visalia City Council Page 2 of 5 Printed on 6/12/2026
powered by Legistar™438
File #: 25-0853 Agenda Date: 6/15/2026 Agenda #: 15.

However, the agreement does not guarantee any capacity needed for the expansion of the District’s boundaries or beyond their existing sphere of influence. Rather, it provides a process by which additional capacity may be requested, assessed and addressed at the cost of District. The District is also required, under the proposed agreement, to make a good faith effort to notify the City of any potential increases in wastewater flow, biochemical oxygen demand, suspended solids and other potential pollutant levels, indicated by any commercial and/or industrial development inquiries, that would significantly affect the quantity and/or quality of the District's discharge to the City system as soon as such potential impacts are made known to the District.

The updated agreement makes clear that the twenty-four-inch gravity sewer line that conveys the District’s collected wastewater and ultimately connects to the City’s system is effectively the “District Main Line.” The agreement establishes the ownership and maintenance responsibilities of this line belonging to the District.

The revised language also addresses and clearly assigns discharge quality monitoring and pretreatment responsibilities to the District. The District will be required to operate and maintain a pretreatment program and implement enforcement procedures to ensure their discharge meets the minimum quality standards required by the Regional Water Quality Control Board. While the District has been held responsible for this in the past, the updated terms more clearly delineate these tasks as they relate to the City’s role in State reporting and overall regulatory compliance.

The updated agreement also covers the right to the processed reclaimed water. Under the new terms, the City shall have the sole right to the use and disposition of any reclaimed water that is the product of the City’s treatment of discharged wastewater received from District. The right to the use of reclaimed water includes any right to credits or offsets that may be recognized by a Groundwater Sustainability Agency in the implementation of a Groundwater Sustainability Plan under the California Sustainable Groundwater Management Act.

Fiscal Impact including annual maintenance and operating costs: The updated agreement establishes specific increases in District capacities, and associated payments, in accordance with planned projects at the WRF. The District is obligated to pay the fees and charges associated with these increases according to the schedule set forth within the agreement, and at the adopted rates at the time of those increases. For the most immediate capacity purchase noted as “2027 Expansion,” the City has calculated the Capacity Purchase Fee that would include the both the Treatment Plant Connection Capacity Charge and Trunkline Capacity Charge, in accordance with the current FY 2025/26 Rates & Fees, to be $1,891,075, payable in the event District elects to purchase and pay for the full amount of the 2027 Expansion prior to July 30, 2026. Alternatively, the District will be required to purchase the 2027 Expansion no later than 01/03/2028 in accordance with the adopted rates at the time of the purchase. Subsequently, the final “2030 Expansion” capacity increase addressed under the agreement will be calculated and based on the approved rates and fees that are Visalia City Council Page 3 of 5 Printed on 6/12/2026
powered by Legistar™439
File #: 25-0853 Agenda Date: 6/15/2026 Agenda #: 15.
adopted at the time of purchase (no earlier than 01/01/2030 and no later than 06/03/2030).

The District shall be responsible for ongoing monthly sewer service charges in accordance with the rates established by City Resolution. The agreement provides for the City to amend its rate schedule from time to time, provided that any such charges to the District shall be consistent with the then current rates and charges in effect for other customers with similar service demands. It also establishes the City’s ability to establish a separate cost based upon a rate study specific to meeting and handling the District’s effluent demands. The current ongoing Wastewater rate study is taking this into account.

Prior Council Action:

June 5, 1995 - Approval of the Wastewater Service Agreement between the City of Visalia and the Goshen Community Services District.

April 23, 1996 - Approval of Amendment No. 1 to the Wastewater Service Agreement June 30, 2003 - Approval of Amendment No. 2 to the Wastewater Service Agreement April 2005 - Acceptance of Amendment No. 3 to the Wastewater Service Agreement June 2006 - Acceptance of Amendment No. 4 to the Wastewater Service Agreement April 2007 - Acceptance of Amendment No. 5 to the Wastewater Service Agreement December 18, 2023 - Approval of a request from GCSD to increase sewer discharge capacity.

December 18, 2023 - Approval of a contract to design Near-Term Improvements at the Water Reclamation Facility.

August 19, 2024 - Adoption of the Water Reclamation Facility Master Plan Update August 4, 2025 - Approval of contract to construct the Solids Handling Improvements Project.

October 6, 2025 - Approval of contract to design Digester 9 at the Water Reclamation Facility.

Alternatives: Reject the updated agreement and continue to operate under the terms and conditions of the existing agreement.

Recommended Motion (and Alternative Motions if expected):

I move to approve the updated wastewater service agreement with the Goshen Community Services District (GCSD).

Environmental Assessment Status: N/A
CEQA Review: N/A
Visalia City Council Page 4 of 5 Printed on 6/12/2026
powered by Legistar™440
File #: 25-0853 Agenda Date: 6/15/2026 Agenda #: 15.

Deadline for Action: 06/15/2026
Attachments:

Goshen CSD - Service Agreement (Existing)
Goshen CSD - Updated Service Agreement (Proposed)
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal Strength
☒
Infrastructure &
Growth
☐
Quality of Life
Visalia City Council Page 5 of 5 Printed on 6/12/2026
powered by Legistar™441

BEFORE THE BOARD OF DIRECTORS

GOSHEN COMMUNITY SERVICES DISTRICT
Resolution No. 2026-05-01

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE GOSHEN COMMUNITY SERVICES

DISTRICT APPROVING A NEW WASTEWATER SEWER AGREEMENT BETWEEN THE CITY

OF VISALIA AND THE GOSHEN COMMUNITY SERVICES DISTRICT, REPLACING AGREEMENT NO. 95-2 DATED JUNE 5, 1995
WHEREAS, the Goshen Community Services District (“District”) provides sewer services within its jurisdiction; and
WHEREAS, the District previously entered into a Wastewater Sewer Agreement with the City of Visalia, identified as Agreement No. 95-2, dated June 5, 1995; and WHEREAS, the District and the City of Visalia desire to enter into a new Wastewater Sewer Agreement to update and replace the terms and conditions of the prior agreement; and WHEREAS, the Board of Directors has reviewed the proposed new Wastewater Sewer Agreement and has determined that it is in the best interest of the District and its residents to approve and enter into said agreement; and
WHEREAS, at its regularly scheduled meeting on May 28, 2026, the Board of Directors of the Goshen Community Services District discussed and duly considered the proposed agreement; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

1. The Board of Directors hereby approves the new Wastewater Sewer Agreement between the City of Visalia and the Goshen Community Services District.

2. The new agreement shall replace and supersede the prior agreement identified as Agreement No. 95-2, dated June 5, 1995.

3. The General Manager (or Board President, if preferred) is hereby authorized to execute the agreement on behalf of the District and to take any and all actions necessary to implement its terms.

THE FOREGOING RESOLUTION was adopted upon the motion of Director Valdez, seconded by Director Correa, at a regular meeting of the Board of Directors of the Goshen Community Services District held on May 28, 2026, by the following vote:

AYES: Correa, Gonzalez and Valdez
NOES: None
ABSENT: Amancio and Palermo
ATTEST:

Manuel Fleming
Clerk of the Board
By:
460
461

REVISED AND RESTATED

WASTEWATER SERVICE AGREEMENT
between the
City of Visalia
and the
Goshen Community Services District
THIS AGREEMENT is made and entered into as of this day of , 2026, by and between the GOSHEN COMMUNITY SERVICES DISTRICT, a special district formed under the Government Code 6100 (hereinafter called "District"), and the CITY OF VISALIA, a Charter city created and existing under laws of the State of California (hereinafter called "City"). The District and the City may be referred to herein as the “Parties”.

RECITALS
A. WHEREAS, the District has the power and authority to provide for collection, transmission, treatment and disposal of wastewater and is authorized to contract for such services; and, B. WHEREAS, the District has constructed a wastewater collection and transmission system for the community of Goshen which collects wastewater within the jurisdictional boundaries of the District that requires adequate treatment and disposal; and, C. WHEREAS, the City owns and operates conveyance facilities, a wastewater treatment and disposal facility (hereinafter called "Plant"), located at 7579 Avenue 288, Visalia, California 93277, with the capability of accepting, treating and disposing of the wastewater proposed to be collected and discharged from the District to comply with the standards required by the Regional Water Quality Control Board or other authority; and,
D. WHEREAS, the City is willing to accept District’s collected wastewater within the limits set forth in this Agreement and to provide treatment and disposal services for the collected wastewater, and is authorized to do so under applicable law, subject to the provisions of this Agreement.

E. WHEREAS, the Parties have been operating pursuant to the terms of a Wastewater Service Agreement dated June 5, 1995, and desire to replace that agreement with this Revised and Restated Wastewater Service Agreement.

NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by all parties hereto, it is agreed that the Wastewater Service Agreement dated June 5, 1995 is hereby repealed and is of no further force and effect, and that this Revised and Restated Wastewater Service Agreement fully states the rights and obligations of the parties with respect to the acceptance by the City of wastewater collected by the District, as follows:

ARTICLE I. ACCEPTANCE AND TREATMENT OF WASTEWATER.

1.1. Wastewater Acceptance and Discharge. The City agrees to accept, treat and dispose of, and the District agrees to discharge all sanitary and process wastewater it collects from the District, into the sewerage system of the City for treatment and disposal at the Plant, subject to the limitations and terms and conditions set forth herein.
462

1.2. Connection to City Collection System. Connection from District to the City shall be through a twenty four (24) inch gravity sewer line (“District Main Line”) that has been constructed and operated by the District in Camp Drive, which conveys collected wastewater to connect to the existing City Highway 198-Airport lift station (as depicted on the attached Exhibit “A”) Notwithstanding previous agreements between the Parties to the contrary, the City and District agree that the District Main Line is and shall remain the property of the District, and District shall be solely liable for the maintenance of the District Main Line. City is and will remain responsible for any improvements to its lift station and conveyance facilities downstream of the point of connection. The District Main Line was planned to provide full capacity for the ultimate build out of the Goshen sphere of influence. Should the line capacity have to be increased or replaced in the future, such increases or replacement shall be the responsibility of District.

ARTICLE II. PARAMETERS OF DISCHARGE

2.1 Discharge Volume and Loading Limits.

2.1.1 Average Daily Discharge: On an annual basis, the District’s average daily discharge shall not exceed the following limits:

Average Daily Parameters
(Annual Average)
Wastewater Flow (“Flow”) 563,000 gallons per day
Biochemical Oxygen Demand (“BOD”) 1,750 pounds per day
Suspended Solids (“SS”) 1,460 pounds per day

2.1.2 Maximum Daily Discharge: District’s maximum daily discharge shall not exceed any of the following limits:

Maximum Daily Parameters
Wastewater Flow (“Flow”) 850,000 gallons per day
Biochemical Oxygen Demand (“BOD”) 2,600 pounds per day
Suspended Solids (“SS”) 2,200 pounds per day

2.2 Other Limitations: The wastewater discharge into the City system shall not:

2.2.1 Contain oils, toxic chemicals, diatomaceous earth or other biologically toxic materials, as more specifically described in Sections 2.2.2 through 2.2.4 below, which would interfere with wastewater treatment processes or adversely affect the quality of the Plant's effluent.

2.2.2 Have a pollutant level that causes the City's effluent from the Plant to exceed the requirements of the Regional Water Quality Control Board. In the event that the District's discharge causes the plant to exceed the requirements of the Regional Water Control Board thereby causing the City to modify its operations to comply with such requirements, the District, at its own option, shall either modify the loading from the District to achieve compliance or pay the City the actual cost of treating the noncomplying loading provided that: (i) the City can establish to the reasonable satisfaction of the District that the City cannot comply with such discharge requirements unless the District adjusts the loading levels of its discharge from the District, (ii) such adjustment required of the District is no more than the minimum necessary to enable the City to comply with discharge requirements, and (iii) following any such adjustment 463
all then existing and future dischargers to the Plant are subject to no less restrictive pollutant limitations than the District.

2.2.3 Have an average daily wastewater temperature in excess of 150°F.

2.2.4 Violate the Environmental Protection Agency pretreatment requirements applicable to the City as administered by the Regional Water Quality Control Board.

2.3 Preliminary Treatment Standards: The District shall be responsible for adopting and implementing a pretreatment program that identifies exceedances from individual discharges within the District jurisdictional boundaries and collection system and requires pretreatment to avoid continued exceedances. The District’s pretreatment program shall be consistent with City and state and federal Environmental Protection Agency best practices and standards. The District will submit all reports and pretreatment program documents to the City, and as the Regional Water Quality Control Board permit holder, the City shall be solely responsible for incorporating and submitting the District pretreatment program data and information to the Regional Water Quality Control Board.

2.4 Enforcement of District Discharge Requirements. As part of the District pretreatment program, Goshen shall maintain and implement an enforcement response plan for enforcing internal District discharge requirements applicable to discharges to District’s collection system.

2.5 Representations Regarding Capacity.

2.5.1 The City acknowledges and agrees that the District has purchased the right to discharge wastewater to the City system in the amounts specified in Section 2.1 above, subject to ongoing payment of the service fees and charges therefor as provided in Article III herein, and that the District has a vested right to discharge such wastewater at any time, continuously and from time to time, subject to the provisions set forth herein.

2.5.2 The District acknowledges that the City has constructed its collection, conveyance and treatment facilities in a manner that relies on the limitations set forth in this Agreement, and unless otherwise provided in this Agreement has not constructed its collection, conveyance and treatment facilities in a manner to accommodate for unplanned increases in the discharge flow and load limitations above those set forth in this Agreement. Subject to the foregoing acknowledgment, the City has advised the District that the City has capacity in its existing City system which will facilitate treatment of the effluent to be discharged from the District pursuant to this Agreement. The City warrants, represents and agrees that at all times beginning with the District's commencement of operations within the District through the duration of this Agreement, City will make its best efforts to accept for treatment under applicable laws and regulations of Federal, state, regional and local authority any and all discharges from the District within the parameters set forth in Section 2.1, the increased discharges set forth in Article IV, and any additional future discharges as are mutually agreeable between the parties. It is anticipated that the current District infrastructure and collection system is sufficient for the District’s sphere of influence build-out, but the District shall be responsible for the costs of constructing and installing any and all sewer line(s) from District's collection system, and for any flow meters, automated sampling, odor control and connection to the City system if necessary under this Agreement.

2.5.3 City shall not restrict, limit or otherwise mandate to the District in its determination of allocating the purchased capacity to any other person or entity, existing or proposed, within the adopted District Boundary, as may be amended from time to time, or within the District's Sphere of Influence as approved by the Tulare County Local Agency Formation Commission, except when service to such person or entity would impair, or adversely affect the ability of the conveyance facilities or the Plant to accept and treat the District's wastewater as provided herein beyond normal capacity, treatment and disposal impacts. The District agrees to make a good faith effort to notify the City of any potential increases in wastewater flow, 464
biochemical oxygen demand, suspended solids and other potential pollutant levels, indicated by any commercial and/or industrial development inquiries, that would significantly affect the quantity and/or quality of the District's discharge to the City system as soon as such potential impacts are made known to the District. Such notification is limited to the anticipated effect on the system and the anticipated change in loadings and does not include specifics regarding those persons or entities making the inquiry.

2.5.4 In relation to any proposed modification of the Goshen Community Plan, the Goshen Sphere of Influence or the District boundaries, District shall advise the Tulare County Local Agency Formation Commission and County of Tulare, including the Resource Management Agency and the Tulare County Planning Commission, that its ability to discharge wastewater to the City is limited by the terms of this Agreement.

2.5.5 The City shall not contract, agree or otherwise create wastewater collection, treatment and disposal service with any entity, corporation or individual which resides, does business within or requests service for any parcel, building, street or property within the boundary of the District. The City shall not renew any current contract with any entity, corporation, industry or property for wastewater service within the District at expiration thereof.

2.6 Determination of BOD and Suspended Solids Levels. In order to determine the BOD and suspended solids characteristics of the District's wastewaters, the Parties agree as follows:

2.6.1 Sampling. The District, at the District's cost, shall maintain and operate a wastewater sampler and recording meter, with chart, which is capable of collecting 24-hour composite samples and accurately sampling the wastewater flow in proportion to the volume thereof. The District shall maintain and operate, at District's cost, and in a location satisfactory to City, a continuous recording pH meter. District shall maintain said pH meter at District's cost during the term of this Agreement. The parties acknowledge that the flow meter, pH meter and sampler are presently installed in a location satisfactory to the parties hereto and the District agrees to maintain such meters and sampler at District's cost. City shall be responsible for the collection of the samples and recordings at such intervals and for such durations as determined by the City. The District may monitor the sampling procedure and the samples collected and stored.

At the end of each required sampling period, the sample shall be well mixed and divided equally between City and District. District shall provide City access to said sampling and recording equipment so that City may, at any reasonable time, collect and analyze samples and recordings.

2.6.2 Analyses of Samples. City may analyze the samples for the purpose of determining the BOD and suspended solids characteristics of District's wastewater discharge as may be relevant. The cost of such analysis shall be included and part of the monthly O & M Charge paid by the District, and not an additional charge to the District. All analyses of samples shall be made in accordance with the then current edition of "Standard Methods for the Examination of Water and Wastewater" or such standard reasonably acceptable to both parties, if the foregoing publication shall be discontinued. In the event of exceedances requiring multiple resampling to confirm correction of exceedances, District shall be responsible for the cost of repeated samples, which shall be invoiced to the District by the City as part of monthly service charges.

2.6.3 Evaluation of Loadings. The results of the analyses of samples shall be treated in accordance with the procedures set forth in Exhibit "B" attached hereto and shall be the basis for establishing monthly billing. The City shall provide the District with copies of all flow loadings and sample test results, upon request.

2.7 Right to Reclaimed Water. The City shall have the sole right to the use and disposition of any reclaimed water that is the product of the City’s treatment of discharge wastewater received from District. The right to use of reclaimed water includes any right to credits or offsets that may be recognized by a Groundwater Sustainability Agency in the implementation of a Groundwater 465
Sustainability Plan under the California Sustainable Groundwater Management Act. District shall not attempt to claim any such credits or offsets on its own behalf or on behalf of any other person, entity or agency.

ARTICLE III. SERVICE CHARGES

3.1 Ongoing Sewer Service Charges. The District shall pay to the City monthly sewer service charges in accordance with rates established by City Resolution. The Sewer Service Charges shall consist of O & M Charge as defined by City Resolution. Nothing in this Agreement shall prevent the City from amending its rate schedule for such Sewer Service Charges from time to time, provided that any such charges to the District shall be consistent with the then current rates and charges in effect for other customers with similar sewer service demands and the provisions of Section 204(b)(l)(A) of the Federal Water Pollution Control Act, 33 U.S.C § 1284(b)(l)(A), and any guidelines adopted by the Environmental Protection Agency in accordance therewith, and provided further that in any event such amendments shall not discriminate against the District. Notwithstanding the foregoing, City reserves the right to establish a separate cost based upon a rate study specific to meeting and handling Goshen CSD effluent demands, provided the basis and methodology used to determine cost recovery is the same as applied to other City sewer customers with similar sewer service demands, and provided Goshen CSD is provided notice and opportunity to comment on any proposed specific rate study. District will be responsible for processing any adjustment of its rates applicable to District’s customers that may be necessary to pay for any adjusted City Sewer Service Charge, and District and City shall coordinate their respective public review processes to the greatest extent feasible to ensure the City’s Sewer Service Charge and the District’s rate adjustments are processed simultaneously. Any rate increase in any Sewer Service Charge established by resolution of the City to be imposed upon the District shall be effective upon approval by the District of adjusted customer rates, or within six (6) months after City provides District with written notice of the approved adjusted Sewer Service Charge, whichever is earlier.

3.2 Penalties. Any exceedance of the Section 2.1 quantities (as may be amended per terms of this Agreement), or discharges of forbidden substances as per Section 2.2.1, will be assessed penalties calculated at the same rate as Significant Industrial Users, as set forth in duly adopted City ordinances or rules and regulations, or as may be set forth in a Goshen CSD-specific rate study. Assessment of penalties pursuant to this paragraph shall not be the sole remedy available to the City for addressing violations of this Agreement, and City reserves the right to seek additional remedies per paragraph 6.1 of this Agreement.

3.3 Payment. The City shall bill the District monthly for Ongoing Sewer Service Charges and the District shall pay the City within thirty (30) days upon receipt of said billing.

ARTICLE IV. INCREASE IN DISCHARGE FLOW AND LOADING LIMITS

4.1 One Expansion of Capacities, in stages, based on 2024 Master Plan. City has completed an update to its Water Reclamation Facility - Master Plan, and pursuant to a request by the District, included in that update a planned increase in the flow and load limitations from Goshen CSD over those quantities provided in Section 2.1 of this Agreement. The Parties agree that District is obligated to increase the flow and load limitations and to pay the fees and charges on the schedule as set forth in this Article IV.

4.2 2027 Expansion: No earlier than 07/01/2026, and no later than 01/03/2028, District shall pay the applicable Capacity Purchase Fees as defined in Section 4.4 below, upon which the quantities provided in Section 2.1 above shall be deemed amended to be as follows:

4.2.1 2027 Amended Average Daily Discharge: On an annual basis, the District’s daily average discharge shall not exceed the following limits:
466
Average Daily Parameters
(Annual Average)
Wastewater Flow (“Flow”) 886,000 gallons per day
Biochemical Oxygen Demand (“BOD”) 2,200 pounds per day
Suspended Solids (“SS”) 2,300 pounds per day

4.2.2 2027 Amended Maximum Daily Discharge: District’s maximum daily discharge shall not exceed any of the following limits:

Maximum Daily Parameters
Wastewater Flow (“Flow”) 1,329,000 gallons per day
Biochemical Oxygen Demand (“BOD”) 4,100 pounds per day
Suspended Solids (“SS”) 3,400 pounds per day

4.3 2030 Expansion: No earlier than 01/01/2030, and no later than 06/03/2030, District shall pay the applicable Capacity Purchase Fees as defined in Section 4.4 below, upon which the quantities provided in Section 2.1 above shall be deemed amended to be as follows:

4.3.1 2030 Amended Average Daily Discharge: On an annual basis, the District’s daily average discharge shall not exceed the following limits:

Average Daily Parameters
(Annual Average)
Wastewater Flow (“Flow”) 992,000 gallons per day
Biochemical Oxygen Demand (“BOD”) 3,100 pounds per day
Suspended Solids (“SS”) 2,600 pounds per day

4.3.2 2030 Amended Maximum Daily Discharge: District’s maximum daily discharge shall not exceed any of the following limits:

Maximum Daily Parameters
Wastewater Flow (“Flow”) 1,488,000 gallons per day
Biochemical Oxygen Demand (“BOD”) 4,600 pounds per day
Suspended Solids (“SS”) 3,800 pounds per day

4.4 Capacity Purchase Fees. As a condition to the expanded capacities as provided in Sections 4.2 and 4.3 above, District shall pay a Capacity Purchase Fee at the time of each increase, determined by applying the following fees to the difference between the limitation prior to increase and the limitation after the increase:

4.4.1 A Treatment Plant Connection Capacity Charges, applied and calculated based on the Average Daily Parameters for flow and pounds per day for BOD and SS, at the same amount as would be applied to development within the City as a development impact fee; and

4.4.2 A Trunk Line Capacity Charge, applied and calculated based on the Maximum Daily Parameters for flow and pounds per day for BOD and SS, at the same amount as would be applied to development within the City as a development impact fee.

The Capacity Purchase Fee will be calculated by applying the identified development impact fee in place at the time of payment of the fee. District acknowledges that the City schedule of impact fees, including those applicable to this Agreement, is reviewed and adjusted annually on or about July 30 of each year.

Further, District acknowledges that a comprehensive review of the current schedule of impact fees, including the Treatment Plant Connection Capacity Charge and the Trunk Line Capacity Chart, is 467
underway and anticipated to be adopted prior to the end of calendar year 2026. District shall have the right to review and comment on any revision to the impact fees as they will be applied to capacity expansions as provided in this Article IV.

District may purchase the capacity increases in stages, in which case the Capacity Purchase Fee for the portion purchased shall be based on the fee schedule then in effect, and District will have access only to that portion of capacity increases purchased and paid for. The full capacity increases must be purchased and paid for within the time frames described in Sections 4.2 and 4.3 above. City represents that the current Treatment Plant Connection Capacity Charge and Trunk Line Capacity Charge that have been in effect as of July 30, 2025, are as described in Exhibit “C”, which is incorporated herein by this reference.

City further represents that such charges will remain in effect until July 30, 2026. To demonstrate the application of the Treatment Plant Connection Capacity Charge and Trunk Line Capacity Charge, the City has calculated the Capacity Purchase Fee that would be payable in the event District elects to purchase and pay for the full amount of the 2027 Expansion prior to July 30, 2026, and such calculation is shown in Exhibit “C”.

4.5 No Additional Expansion Rights. Other than as set forth herein, District will not have any right to expand the capacities provided for in this Agreement, except as otherwise may be mutually agreeable between the parties and evidenced in writing. District acknowledges that the current Water Reclamation Facility Master Plan accommodates only those amounts of flow and loading discharges committed to in this Agreement. City does not anticipate a further Master Plan update for at least the next 10 years. As a result, City does not believe that it will have any ability to accept additional discharges from the District beyond the planned 2027 and 2030 capacity increases. In the event District determines that it foresees the need for additional capacity beyond those amounts provided in this Agreement, prior to the City studying and updating the Water Reclamation Facility Master Plan, the District will be solely responsible for paying for the City’s actual costs, including consultant and engineer costs, in identifying, planning and financing any upgrades to the City conveyance and treatment facilities that may be required to create the additional capacity. City further makes no representation or warranty that the planning process will be successful in identifying feasible upgrades of conveyance or treatment capacities, and does not commit to the use of Capacity Purchase Fees as an appropriate mechanism for the District to pay for the cost of any future conveyance or treatment upgrades that may be identified as being feasible. The City shall provide the District with written notice whenever the City has been authorized to study and update the Water Reclamation Facility Master Plan, which is not at the specific request of the District, and the parties shall work cooperatively and in good faith to identify upgrades that would allow further expansion of capacity to the District.

ARTICLE V. CONTRACT TERM

5.1 Term. This agreement shall continue until terminated pursuant to Section 5.2.

5.2 Termination. This agreement may only be terminated upon the written consent of all parties. Such consent may be withheld in the sole discretion of each affected party.

ARTICLE VI. REMEDIES

6.1 Specific Performance. The parties hereto recognize that since the extent of damages caused by any breach of the provisions of this Agreement may be extremely difficult to determine, and any action for damages may be an inadequate remedy for such breach, an action for specific performance may be necessary to provide an adequate remedy for such breach, and it is agreed that nothing contained herein is intended to make unavailable, the remedy of specific performance. Without limiting the foregoing, it is expressly acknowledged and agreed that District would suffer irreparable harm and injury, 468
for which damages or other remedy at law would not be adequate, should the City in any manner seek or take any action to impair or reduce City's ability to accept any wastewater discharges from the District up to the discharge limits set forth in Article II above. District and City expressly recognize and agree that in such instance, and without limiting any other remedies available to District, District shall be entitled to pursue injunctive relief, restraining order, or other appropriate remedies to prevent City from depleting or in any way reducing its ability to accept for treatment any of District's wastewater discharges in accordance with the terms of this Agreement and/or to require City to take such actions as may be necessary to accept such wastewater discharges for treatment. Also without limiting the foregoing, it is expressly acknowledged and agreed that the City would suffer irreparable harm and injury, for which damages or other remedy at law would not be adequate, should the District seek or take any action, including but not limited to discharge in a manner in violation with any statute, ordinance, or other state or federal recommendation or law, or limitations of this Agreement, or fail to enforce any pre-treatment limits. District and City expressly recognize and agree that in such instance, and without limiting any other remedies available to City, City shall be entitled to pursue injunctive relief, restraining order, or other appropriate remedies and/or to require District to take such action(s) as may be necessary.

6.2 Force Majeure. Notwithstanding anything to the contrary herein, it is agreed that in the event and to the extent that fire, explosion, stoppage of labor, war, act of God, pandemic, act of the public enemy, accident, strike, labor troubles (whether or not within the power of the party to settle the same), judgment, decree or order of a competent judicial or governmental authority, or any other sources whatsoever beyond the control of a party hereto (excluding a financial inability to perform), whether similar or dissimilar to the causes mentioned, prevents or delays performance by a party hereto. that party shall be relieved of such performance and the consequences thereof, without liability, for so long as and to the extent that such performance is prevented by such cause; provided, however, that the party excused from such performance shall use due diligence in resuming same at the earliest practical time, and provided further that any suspension of the services to be provided by City to District hereunder and any restoration of such suspended services shall not be made in any manner which discriminates against District in relation to any other users of the Plant.

ARTICLE VII. HOLD HARMLESS

7.1 City. The City shall hold harmless, defend and indemnify the District, their agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including District property, arising out of the activities of the City or its agents, officers and employees under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

7.2 District. The District shall hold harmless, defend and indemnify the City, their agents, officers and employees from and against any liability, claims, actions, costs, damages or losses of any kind, including death or injury to any person and/or damage to property, including City property, arising out of the activities of the District or its agents, officers and employees under this Agreement. This indemnification obligation shall continue beyond the term of this Agreement as to any acts or omissions occurring under this Agreement or any extension of this Agreement.

ARTICLE VIII. MISCELLANEOUS

8.1 Waiver. No waiver by City or District of any term or condition of this Agreement shall be deemed to be or construed as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach, whether of the same or a different provision of this Agreement.
469

8.2 Assignment. No party hereto shall have the right to assign this Agreement or any of its rights and obligations hereunder without first securing the other party's written consent, except that this prohibition shall not be applicable to any change of ownership of the District sewer system improvements and/or operation and maintenance involving the District. Such consent shall not unreasonably be withheld or delayed.

8.3 Notices. Whenever notice is required or permitted hereunder from one party to the other, the same shall be in writing and shall be given effect by hand delivery or by mailing same by certified or registered mail, to the party to whom given as follows:

City:

City of Visalia
Attention: City Manager
220 N. Santa Fe St.

Visalia, California 93291
District:

Goshen Community Services District
Attention: General Manager
P.O. Box 2
Goshen, California, 93227
or to such other person or address as may hereinafter be designated by one party to the other in writing.

Notice by certified or registered mail shall be deemed to have been given as of the date it is mailed, postage prepaid.

8.4 Changes. This Agreement cannot be changed, discharged, or terminated orally, but only by agreement in writing, signed by the parties hereto.

8.5 Law. This Agreement shall be deemed to be made, entered into and executed in, and shall be construed in accordance with the laws of the State of California. Venue is only appropriate in either Tulare County or the Eastern District of the United States District Courts.

8.6 Construction. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or any other provision of this Agreement.

8.7 Headings. Article and Section headings in this Agreement are for convenience only and are not to be construed as a part of this Agreement or in any way limiting or amplifying the provisions hereof.

8.8 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of any alleged dispute, breach, or default arising out of or in connection therewith, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in connection with such action or proceeding in addition to any other relief to which it may be entitled.
470

8.9 Entirety. This Agreement merges and supersedes all prior negotiations, representations and preliminary or other agreements between the parties hereto relating to the subject matter hereof, and constitutes the entire contract between the City and District for the acceptance and treatment of wastewater from the District. This Agreement shall control in the event of any conflict or inconsistency with any other provisions of any City Ordinance or any rules, resolutions, or regulations incorporated therein or adopted pursuant thereto.

8.10 Counterparts. This Agreement may be executed in one or more counterparts, and all so executed shall constitute one contract, binding on the parties, notwithstanding that all parties are not signatory to the same counterpart.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written.

GOSHEN COMMUNITY SERVICE DISTRICT
_______________________________________
Stephen Palermo, Board President

CITY OF VISALIA
_______________________________________
Leslie Caviglia, City Manager
471
472 Exhibit "A"
5210 BIOCHEMICAL OXYGEN DEMAND (BOD)*
5210 A. Introduction

1. General Discussion
The biochemical oxygen demand (BOD) determination is an empirical test in which standardized laboratory procedures are used to determine the relative oxygen requirements of wastewaters, effluents, and polluted waters. The test has its widest application in measuring waste loadings to treatment plants and in evaluating the BOD-removal efficiency of such treatment systems. The test measures the molecular oxygen utilized during a specified incubation period for the biochemical degradation of organic material (carbonaceous demand) and the oxygen used to oxidize inorganic material such as sulfides and ferrous iron. It also may measure the amount of oxygen used to oxidize reduced forms of nitrogen (nitrogenous demand) unless their oxidation is prevented by an inhibitor. The seeding and dilution procedures provide an estimate of the BOD at pH 6.5 to 7.5.

Measurements of oxygen consumed in a 5-d test period (5-d BOD or BOD5, 5210B), oxygen consumed after 60 to 90 d of incubation (ultimate BOD or UBOD, 5210C), and continuous oxygen uptake (respirometric method, 5210D) are described here. Many other variations of oxygen demand measurements exist, including using shorter and longer incubation periods and tests to determine rates of oxygen uptake. Alternative seeding, dilution, and incubation conditions can be chosen to mimic receiving-water conditions, thereby providing an estimate of the environmental effects of wastewaters and effluents.

The UBOD measures the oxygen required for the total degradation of organic material (ultimate carbonaceous demand) and/or the oxygen to oxidize reduced nitrogen compounds (ultimate nitrogenous demand). UBOD values and appropriate kinetic descriptions are needed in water quality modeling studies such as UBOD:BOD5 ratios for relating stream assimilative capacity to regulatory requirements; definition of river, estuary, or lake deoxygenation kinetics; and instream ultimate carbonaceous BOD (UCBOD) values for model calibration.

2. Carbonaceous Versus Nitrogenous BOD
A number of factors, for example, soluble versus particulate organics, settleable and floatable solids, oxidation of reduced iron and sulfur compounds, or lack of mixing may affect the accuracy and precision of BOD measurements. Presently, there is no way to include adjustments or corrections to account for the effect of these factors.

Oxidation of reduced forms of nitrogen, such as ammonia and organic nitrogen, can be mediated by microorganisms and exert nitrogenous demand. Nitrogenous demand historically has been considered an interference in the determination of BOD, and the inclusion of ammonia in the dilution water contributes an external source of nitrogenous demand. The interference from nitrogenous demand can now be prevented by an inhibitory chemical.1 If an inhibiting chemical is not used, the oxygen demand measured is the sum of carbonaceous and nitrogenous demands.

Measurements that include nitrogenous demand generally are not useful for assessing the oxygen demand associated with organic material. Nitrogenous demand can be estimated directly from ammonia nitrogen (Section 4500-NH3); and carbonaceous demand can be estimated by subtracting the theoretical equivalent of the nitrite and nitrate produced in uninhibited test results. However, this method is cumbersome and is subject to considerable error. Chemical inhibition of nitrogenous demand provides a more direct and more reliable measure of carbonaceous demand.

The extent of oxidation of nitrogenous compounds during the 5-d incubation period depends on the concentration and type of microorganisms capable of carrying out this oxidation.

Such organisms usually are not present in raw or settled primary sewage in sufficient numbers to oxidize sufficient quantities of reduced nitrogen forms in the 5-d BOD test.

Many biological treatment plant effluents contain sufficient numbers of nitrifying organisms to cause nitrification in BOD tests. Because oxidation of nitrogenous compounds can occur in such samples, inhibition of nitrification as directed in 5210B.5e) is recommended for samples of secondary effluent, for samples seeded with secondary effluent, and for samples of polluted waters.

3. Reference

1. YOUNG, J.C. 1973. Chemical methods for nitrification control. J.

Water Pollut. Control Fed. 45:637.
5210 B. 5-Day BOD Test

1. General Discussion
The method consists of filling with diluted and seeded sample, to overflowing, an airtight bottle of specified size and incubating it at the specified temperature for 5 d. Dissolved oxygen is measured initially and after incubation, and the BOD is computed from the difference between initial and final DO. Because the initial DO is determined shortly after the dilution is made, all oxygen uptake occurring after this measurement is included in the BOD measurement.
* Approved by Standard Methods Committee, 2001. Editorial revisions, 2011.

Joint Task Group: 21st Edition—James C. Young (chair), George T. Bowman, Sabry M. Kamhawy, Terry G. Mills, Marlene Patillo, Ray C. Whittemore. 1 Exhibit "B"
473
For sampling and storage procedures, see 5210B.4a.

2. Apparatus
a. Incubation bottles: Use glass bottles having 60 mL or greater capacity (300-mL bottles having a ground-glass stopper and a flared mouth are preferred). Clean bottles with a detergent, rinse thoroughly, and drain before use.
b. Air incubator or water bath, thermostatically controlled at 20 1°C. Exclude all light to prevent possibility of photosynthetic production of DO.

3. Reagents
Prepare reagents in advance but discard if there is any sign of precipitation or biological growth in the stock bottles. Commercial equivalents of these reagents are acceptable and different stock concentrations may be used if doses are adjusted proportionally. Use reagent grade or better for all chemicals and use distilled or equivalent water, preferably sterilized, for making all solutions.
a. Phosphate buffer solution: Dissolve 8.5 g KH2PO4, 21.75 g K2HPO4, 33.4 g Na2HPO4 7H2O, and 1.7 g NH4Cl in about 500 mL distilled water and dilute to 1 L. The pH should be

7.2 without further adjustment. Alternatively, dissolve 42.5 g KH2PO4 and 1.7 g NH4Cl in about 700 mL distilled water.

Adjust pH to 7.2 with 30% NaOH and dilute to 1 L.
b. Magnesium sulfate solution: Dissolve 22.5 g MgSO4 7H2O in distilled water and dilute to 1 L.
c. Calcium chloride solution: Dissolve 27.5 g CaCl2 in distilled water and dilute to 1 L. d. Ferric chloride solution: Dissolve 0.25 g FeCl3 6H2O in distilled water and dilute to 1 L.
e. Acid and alkali solutions, 1N, for neutralization of caustic or acidic waste samples.
1) Acid—Slowly and while stirring, add 28 mL conc sulfuric acid to distilled water. Dilute to 1 L.
2) Alkali—Dissolve 40 g sodium hydroxide in distilled water.

Dilute to 1 L.
f. Sodium sulfite solution: Dissolve 1.575 g Na2SO3 in 1000 mL distilled water. This solution is not stable; prepare daily. g. Nitrification inhibitor:
1) 2-chloro-6-(trichloromethyl) pyridine—Use pure TCMP or commercial preparations.*
2) Allylthiourea (ATU) solution—Dissolve 2.0 g allylthiourea (C4H8N2S) in about 500 mL water and dilute to 1 L. Store at 4°C. The solution is stable for not more than 2 weeks. h. Glucose-glutamic acid solution: Dry reagent-grade glucose and reagent-grade glutamic acid at 103°C for 1 h. Add 150 mg glucose and 150 mg glutamic acid to distilled water and dilute to 1 L. Prepare fresh immediately before use unless solution is maintained in a sterile condition. Store all glucose-glutamic acid mixtures at 4°C or lower. Commercial preparations may be used but concentrations may vary.
i. Ammonium chloride solution: Dissolve 1.15 g NH4Cl in about 500 mL distilled water, adjust pH to 7.2 with NaOH solution, and dilute to 1 L. Solution contains 0.3 mg N/mL. j. Source water for preparing BOD dilution water: Use demineralized, distilled, tap, or natural water for making sample dilutions (see 5210B.4c).

4. Preparatory Procedures
a. Sampling and storage: Samples for BOD analysis may
degrade significantly during storage between collection and analysis, resulting in low BOD values. 1) Grab samples—If analysis is begun within 2 h of collection, cold storage is unnecessary. If analysis is not started within 2 h of sample collection, keep sample at or below 4°C from the time of collection. Begin analysis within 6 h of collection; when this is not possible because the sampling site is distant from the laboratory, store at or below 4°C and report length and temperature of storage with the results. In no case start analysis more than 24 h after grab sample collection. When samples are to be used for regulatory purposes make every effort to deliver samples for analysis within 6 h of collection. 2) Composite samples—Keep samples at or below 4°C during compositing. Limit compositing period to 24 h. Use the same criteria as for storage of grab samples, starting the measurement of holding time from end of compositing period. State storage time and conditions as part of the results.
b. Sample preparation and pretreatment:
1) All samples—Check pH; if it is not between 6.0 and 8.0, adjust sample temperature to 20 3°C, then adjust pH to 7.0 to

7.2 using a solution of sulfuric acid (H2SO4) or sodium hydroxide (NaOH) of such strength that the quantity of reagent does not dilute the sample by more than 0.5%. Exceptions may be justified with natural waters when the BOD is to be measured at in-situ pH values. The pH of dilution water should not be affected by the lowest sample dilution. Always seed samples that have been pH adjusted.
2) Samples containing residual chlorine compounds—If possible, avoid samples containing residual chlorine by sampling ahead of chlorination processes. If residual chlorine is present, dechlorinate sample. In some samples chlorine will dissipate within 1 to 2 h of standing in the light. This dissipation often occurs during sample transport and handling. For samples in which chlorine residual does not dissipate in a reasonably short time, destroy chlorine residual by adding Na2SO3 solution. Determine required volume of Na2SO3 solution on a 100- to 1000-mL portion of neutralized sample by adding 10 mL 1 1 acetic acid or 1 50 H2SO4, 10 mL potassium iodide (KI) solution (10 g /100 mL) per 1000 mL sample and titrating with Na2SO3 solution to the starch-iodine end point for residual. Add to neutralized sample the proportional volume of Na2SO3 solution determined by the above test, mix, and after 10 to 20 min check sample for residual chlorine. (NOTE: Excess Na2SO3 exerts an oxygen demand and reacts slowly with certain organic chloramine compounds that may be present in chlorinated samples.) Do not test chlorinated/dechlorinated samples without seeding. 3) Samples containing other toxic substances—Certain industrial wastes, for example, plating wastes, contain toxic metals.

Such samples often require special study and treatment. 4) Samples supersaturated with DO—Samples containing DO concentration above saturation at 20°C may be encountered in cold waters or in water where photosynthesis occurs. To prevent loss of oxygen during incubation of such samples, reduce DO to * Nitrification Inhibitor Formula 2533 (2% TCMP on sodium sulfate), Hach Co., Loveland, CO, or equivalent.

BIOCHEMICAL OXYGEN DEMAND (5210)/5-Day BOD Test
2 474
saturation by bringing sample to about 20 3°C in partially filled bottle while agitating by vigorous shaking or by aerating with clean, filtered compressed air.
5) Samples containing hydrogen peroxide—Hydrogen peroxide remaining in samples from some industrial bleaching processes such as those used at paper mills and textile plants can cause supersaturated oxygen levels in samples collected for BOD testing. Mix such samples vigorously in open containers for sufficient time to allow the hydrogen peroxide to dissipate before setting up BOD tests. Check adequacy of peroxide removal by observing dissolved oxygen concentrations over time during mixing or by using peroxide-specific test strips. Mixing times can vary from 1 to 2 h depending on the amount of hydrogen peroxide present. The peroxide reaction can be considered complete when the DO no longer increases during a 30-min period without mixing.
c. Selection and storage of source water for BOD sample dilution: Obtain water from suitable source— distilled, tap, or receiving water. Make sure the water is free of heavy metals, specifically copper, and toxic substances, such as chlorine, that can interfere with BOD measurements. Protect source water quality by using clean glassware, tubing, and bottles. Deionized water often contains sufficient amounts of organics and microorganisms to cause failure of the dilution water quality control check (5210B.6c). Source water may be stored before use as long as the prepared dilution water (5210B.5a) meets quality control criteria in the dilution water blank (5210B.6c). Such storage may improve the quality of some source waters but may allow biological growth to cause deterioration in others. Storage of prepared dilution water (5210B.5h) for more than 24 h after adding nutrients, minerals, and buffer is not recommended unless dilution water blanks consistently meet quality control limits. Discard stored source water if the dilution water blank shows more than 0.20 mg/L DO depletion in 5 d (5210B.6c).
d. Preparation of seed suspension: It is necessary to have present in each BOD bottle a population of microorganisms capable of oxidizing the biodegradable organic matter in the sample. Domestic wastewater, unchlorinated or otherwise undisinfected effluents from biological wastewater treatment plants, and surface waters receiving wastewater discharges usually contain satisfactory microbial populations. Some samples (for example, some untreated industrial wastes, disinfected wastes, high-temperature wastes, wastes having pH values less than 6 or greater than 8, or wastes stored more than 6 h after collection) do not contain a sufficient microbial population. Seed such samples by adding a population of suitable microorganisms. The preferred seed is obtained from a biological treatment system processing the waste. In this case, use supernatant from settled domestic wastewater, effluent from primary clarifiers, diluted mixed liquor from an aeration basin, undisinfected effluent, or receiving water from below the point of discharge. When effluent or mixed liquor from a biological treatment process is used as a seed source, inhibition of nitrification is recommended. Do not use seed from effluents that have been disinfected by chlorine or other means. Commercial seed sources may be used but are more likely to be unadapted to the wastewater constituents.

Do not filter seed sources; filtering removes the seed microorganisms.

When acclimated seed sources are not available, develop an acclimated seed in the laboratory by continuously aerating a sample of settled domestic wastewater and adding small daily increments of sample from the waste in question. Use a soil suspension, activated sludge, or a commercial seed preparation to obtain the initial microbial population. Determine the existence of a satisfactory population by testing the performance of the seed in BOD tests on the sample. BOD values that increase with time of adaptation to a steady high value indicate successful seed acclimation.

5. Testing Procedure
a. Preparation of dilution water: Transfer desired working volume of source water (5210B.4c) to a suitably sized bottle (glass is preferred). Check to ensure that the dissolved oxygen concentration is at least 7.5 mg/L before using water for BOD tests. If not, add DO by shaking bottle or by aerating with organic-free filtered air. Alternatively, store the water in cottonplugged bottles long enough for the DO concentration to approach saturation. Add 1 mL each of phosphate buffer, MgSO4, CaCl2, and FeCl3 solution/L to prepared source water
(5210B.4c). Mix thoroughly and bring temperature to 20 3°C.

Prepare dilution water immediately before use unless dilution water blanks (5210B.6c) show that the water is acceptable after longer storage times. If the dilution water blanks show a DO depletion greater than 0.20 mg/L, obtain a satisfactory water by improving purification or use water from another source. Do not add oxidizing agents or expose dilution water to ultraviolet light in attempts to bring the dilution blank into range.
b. Sample temperature adjustment: Bring samples to 20 3°C before making dilutions.
c. Preparation of dilutions: Using the dilution water prepared as in ¶ a above, make at least three dilutions of prepared sample estimated to produce a residual DO of at least 1.0 mg/L and a DO uptake of at least 2.0 mg/L after a 5-d incubation. Five dilutions are recommended if experience with a particular sample does not produce at least three bottles having acceptable minimum DO depletions and residual limits (5210B.6a). A more rapid analysis, such as COD (Section 5220), may be correlated approximately with BOD and serve as a guide in selecting dilutions. In the absence of prior knowledge, use the following percentages of wastewater when preparing dilutions: 0.01 to 1.0% for strong industrial wastes, 1 to 5% for raw and settled wastewater, 5 to 25% for biologically treated effluent, and 25 to 100% for polluted river waters. The number of bottles to be prepared for each dilution depends on the DO technique and the number of replicates desired. Prepare dilutions in volumetric containers (Class A glass or equivalent) and then transfer to BOD bottles or prepare directly in BOD bottles. Either dilution method can be combined with any DO measurement technique.
1) Dilutions prepared in volumetric containers—Using a
wide-tipped pipet, add desired amount of prepared sample to individual volumetric cylinders or flasks. Mix the sample well immediately before pipetting to avoid loss of solids by settling.

For dilutions greater than 1:100 make a primary dilution before making final dilution in the bottle. Fill cylinders or flasks at least two-thirds full of dilution water without entraining air. Add appropriate amounts of seed suspension (¶ d below) and nitrification inhibitor (¶ e below). Dilute to final level with dilution water (¶ a above). Mix well but avoid entraining air. Siphon BIOCHEMICAL OXYGEN DEMAND (5210)/5-Day BOD Test
3 475
mixed dilution into a suitable number of BOD bottles, taking care not to let solids settle in the cylinder or flask during transfer. 2) Dilutions prepared directly in BOD bottles—Using a widetip volumetric pipet, add the desired sample volume to individual BOD bottles. Fill each BOD bottle approximately two-thirds full with dilution water. Add appropriate amounts of seed suspension (¶ d below) and nitrification inhibitor (¶ e below) to the individual BOD bottles. When a bottle contains more than 67% of the sample after dilution, nutrients may be limited in the diluted sample and subsequently reduce biological activity. In such samples, add the nutrient, mineral, and buffer solutions (5210B.3a–e) directly to diluted sample at a rate of 1 mL/L (0.30 mL/300-mL bottle) or use commercially prepared solutions designed to dose the appropriate bottle size. d. Addition of seed suspension: If seeding is used, add seed suspensions to the dilution vessels or to individual BOD bottles before final dilution as described in ¶ c above. Do not add seed directly to wastewater samples if they contain materials that are toxic before dilution. Generally, 1 to 3 mL of settled raw wastewater or primary effluent or 1 to 2 mL of a 1:10 dilution of mixed liquor/300-mL bottle will provide a suitable amount of microorganisms. Do not filter seed suspension before use. Agitate the seed suspension during transfer to ensure that the same quantity of microorganisms is added to each BOD bottle. Always record the exact volume of seed suspension added to each bottle. The DO uptake attributable to the seed added to each bottle generally should be between 0.6 and 1.0 mg/L, but the amount of seed added should be adjusted from this range to that required to provide glucose-glutamic acid (GGA) check results of 198

30.5 mg/L. For example, if 1 mL of seed suspension is required to achieve 198 30.5 mg/L BOD in the glucose-glutamic acid check, then use 1 mL in each BOD bottle receiving the test wastewater.
e. Addition of nitrification inhibitor: Samples that may require nitrification inhibition1 include, but are not limited to, biologically treated effluents, samples seeded with biologically treated effluents, and river waters. Note the use of nitrogen inhibition and the chemical used when reporting results. (NOTE: TCMP is the preferred nitrification inhibitor but requires handling and transfer in a solid form. Allylthiourea is not always effective in inhibiting nitrification within the 5-d incubation period and concentrations above 2 mg/L may cause increases in carbonaceous BOD measurements. ATU concentrations above 2 mg/L also can adversely affect the azide modification of the iodometric method). Seed all samples to which nitrification inhibitor has been added. The amount of seed should be consistent with that required to achieve GGA test results in the range of 198 30.5 mg/L (5210B.6b).
1) Nitrification inhibition using 2-chloro-6-(trichloromethyl) pyridine (TCMP)—Add 10 mg TCMP/L to diluted sample or
3 mg TCMP to each 300-mL bottle or sample dilution vessel, or proportional amounts to other sized bottles, after initial sample dilution but before final filling of the bottles with dilution water.

Do not add TCMP to BOD bottles before they are at least two-thirds filled with diluted sample. (NOTE: TCMP dissolves slowly and can float on top of the sample if not mixed well).

Some commercial TCMP formulations are not 100% TCMP;
adjust dosage appropriately.
2) Nitrification inhibition using allylthiourea (ATU)—Add 1 mL ATU solution (5210B.3g2)/L diluted sample or 0.3 mL/ 300mL test bottle or sample dilution vessel. Do not add ATU to BOD bottles until they are at least two-thirds filled with diluted sample.
f. Sealing of bottles: Complete filling of each bottle by adding enough dilution water that insertion of the stopper leaves no bubbles in the bottle. Mix the sample by turning the bottle manually several times unless a DO probe having a stirrer is used immediately to measure initial DO concentration. As a precaution against drawing air into the dilution bottle during incubation, use a water seal. Obtain satisfactory water seals by inverting bottles in a water bath or by adding water to the flared mouth of special BOD bottles. Place a paper or plastic cup or foil cap over flared mouth of bottle to reduce evaporation of the water seal during incubation.
g. Determination of initial DO: Use the azide modification of the iodometric method (Section 4500-O.C) or the membrane electrode method (Section 4500-O.G) to determine initial DO on all sample dilutions, dilution water blanks, and, where appropriate, seed controls. Replace any displaced contents with sufficient diluted sample or dilution water to fill the bottle, stopper all bottles tightly, and water seal before beginning incubation. After preparing dilution, measure initial DO within 30 min. If the membrane electrode method is used, take care to eliminate drift in calibration between initial and final DO readings. If the azide modification of the titrimetric iodometric method is used, prepare an extra bottle for initial DO determination for each sample dilution.
h. Sample incubation: Incubate at 20°C 1°C the stoppered and sealed BOD bottles containing desired dilutions (¶ a above), seed controls (5210B,6d), dilution water blanks (5210B.6c), and glucose-glutamic acid checks (5210B.6b). Exclude light to avoid growth of algae in the bottles during incubation.
i. Determination of final DO: After 5 d 6 h of incubation, determine DO in all sample dilutions, and in all blanks and checks as in ¶ 6b– d, using the azide modification of the titrimetric method or the membrane electrode method.

6. Quality Control Checks
The quality control practices considered to be an integral part of each method are summarized in Table 5020:I.
a. Minimum residual DO and minimum DO depletion: Only
bottles, including seed controls, giving a minimum DO depletion of 2.0 mg/L and a residual DO of at least 1.0 mg/L after 5 d of incubation are considered to produce valid data, because at least

2.0 mg oxygen/uptake L is required to give a meaningful measure of oxygen uptake and at least 1.0 mg/L must remain throughout the test to ensure that insufficient DO does not affect the rate of oxidation of waste constituents. Exceptions occur for reporting purposes only when the depletions for tests using undiluted samples in all bottles fall below 2.0 mg/L and when the residual DO in all dilutions is less than 1.0 mg/L (5210B.7).

When using membrane electrodes for measuring DO, make
frequent calibration checks to ensure accurate DO readings (Section 4500-0.G.3a). b. Glucose-glutamic acid check: The glucose-glutamic acid check is the primary basis for establishing accuracy and precision of the BOD test and is the principal measure of seed quality and set-up procedure. Together with each batch of samples, check seed effectiveness and analytical technique by using proBIOCHEMICAL OXYGEN DEMAND (5210)/5-Day BOD Test 4 476
cedures in 5210B.5 to make BOD measurements on an equal weight mixture of glucose and glutamic acid as follows: Add sufficient amounts of standard glucose-glutamic acid solution (5210B.3h) to give 3.0 mg glucose/L and 3.0 mg glutamic acid/L in each of three test bottles (20 mL GGA solution/L seeded dilution water, or 6.0 mL/300-mL bottle). Commercial solutions may contain other glucose-glutamic acid concentrations; adjust doses accordingly. Add nitrification inhibitor if seed is obtained from a source that is nitrifying. Evaluate data as described in 5210B.8, Precision and Bias. The resulting average BOD for the three bottles, after correction for dilution and seeding, must fall into the range of 198 30.5 mg/L. If the average value falls outside this range, evaluate the cause and make appropriate corrections. Consistently high values can indicate the use of too much seed suspension, contaminated dilution water, or the occurrence of nitrification; consistently low values can indicate poor seed quality or quantity or the presence of a toxic material. If low values persist, prepare a new mixture of glucose and glutamic acid and check the sources of dilution water and source of seed.
c. Dilution water quality check: With each batch of samples incubate one or more bottles of dilution water that contains nutrient, mineral, and buffer solutions but no seed or nitrification inhibitor. This dilution water blank serves as a check on quality of unseeded dilution water and cleanliness of incubation bottles.

Determine initial and final DO as in 5210B.5g and i. The DO uptake in 5 d must not be more than 0.20 mg/L and preferably not more than 0.10 mg/L, before making seed corrections. If the dilution water blank exceeds 0.20 mg/L, discard all data for tests using this dilution water or clearly identify such samples in data records.
d. Seed control: Determine BOD of the seed suspension as for any other sample. This is the seed control. Ideally, make three dilutions of seed such that the smallest quantity gives at least

2.0 mg/L DO depletion and the largest quantity results in at least

1.0 mg/L DO residual after 5 d of incubation. Determine the DO uptake per milliliter of seed added to each bottle using either the slope method or the ratio method. For the slope method, plot DO depletion in milligrams per liter versus milliliters of seed for all seed control bottles having a 2.0 mg/L depletion and 1.0 minimum residual DO. The plot should present a straight line for which the slope indicates DO depletion per milliliter of seed. The DO-axis intercept is oxygen depletion caused by the dilution water and should be less than 0.20 mg/L (see ¶ c above). For the ratio method, divide the DO depletion by the volume of seed in milliliters for each seed control bottle having a 2.0 mg/L depletion and greater than 1.0 mg/L minimum residual DO and average the results. Seed dilutions showing widely varying depletions per milliliter of seed (30%) suggest the presence of toxic substances or large particulates in the seed suspension. In this case, check or change the seed source.

7. Data Analysis and Reporting
a. Calculations:
1) For each test bottle having 2.0 mg/L minimum DO depletion and at least 1.0 mg/L residual DO, calculate BOD as follows:

BOD5, mg/L (D1 D2) (S)Vs
P
where:

D1 DO of diluted sample immediately after preparation, mg/L, D2 DO of diluted sample after 5 d incubation at 20°C, mg/L, S oxygen uptake of seed, DO/mL seed suspension added per bottle (5210B.6d)(S 0 if samples are not seeded), Vs volume of seed in the respective test bottle, mL, and P decimal volumetric fraction of sample used; 1/P dilution factor.
2) If DO depletion is less than 2.0 mg/L and sample concentration is 100% (no dilution except for seed, nutrient, mineral, and buffer solutions), actual seed-corrected, DO depletion may be reported as the BOD even if it is less than 2.0 mg/L. 3) When all dilutions result in a residual DO 1.0, select the bottle having the lowest DO concentration (greatest dilution) and report:

BOD, mg/L (D1 D2) (S)Vs
P
In the above calculations, do not make corrections for DO uptake by the dilution water blank during incubation. This correction is unnecessary if dilution water meets the blank criteria stipulated in 5210B.6c. If the dilution water does not meet these criteria, proper corrections are difficult; do not record results or, as a minimum, mark them as not meeting quality control criteria. b. Reporting: Average the test results for all qualified bottles within each dilution series. Report the result as BOD5 if nitrification is not inhibited. Report results as CBOD5 if nitrification is inhibited. Samples showing large differences between the computed BOD for different dilutions, for example, greater than 30%, may indicate the presence of a toxic substance or analytical problems. When the effect becomes repetitive, investigate to identify the cause. Identify results in the test reports when any of the following quality control parameters is not met:
• Dilution water blank exceeds 0.20 mg/L (5210B.6c),
• Glucose-glutamic acid check falls outside acceptable limits (5210B.6b),
• Test replicates show more than 30% difference between high and low values,
• Seed control samples do not meet the above criteria in all dilutions (5210B.6d), or
• Minimum DO is less than 1.0 mg/L [5210B.7a3)].

8. Precision and Bias
There is no measurement for establishing bias of the BOD procedure. The glucose-glutamic acid check prescribed in 5210B.6b is intended to be a reference point for evaluation of dilution water quality, seed effectiveness, and analytical technique. Single-laboratory tests using a 300-mg/L mixed glucoseglutamic acid solution provided the following results:

Number of months: 14
Number of triplicates: 421
Average monthly recovery: 204 mg/L
Average monthly standard deviation: 10.4 mg/L
BIOCHEMICAL OXYGEN DEMAND (5210)/5-Day BOD Test
5 477
In a series of interlaboratory studies,2 each involving 2 to 112 laboratories (and as many analysts and seed sources), 5-d BOD measurements were made on synthetic water samples containing a 1:1 mixture of glucose and glutamic acid in the total concentration range of 3.3 to 231 mg/L. The regression equations for mean value, X, and standard deviation, S, from these studies were:

X 0.658 (added concentration, mg/L) 0.280 mg/L
S 0.100 (added concentration, mg/L) 0.547 mg/L
For the 300-mg/L mixed primary standard, the average 5-d BOD would be 198 mg/L with a standard deviation of

30.5 mg/L. When nitrification inhibitors are used, GGA test results falling outside the 198 30.5 control limit quite often indicate use of incorrect amounts of seed. Adjust amount of seed added to the GGA test to achieve results falling within this range. a. Control limits: Because of many factors affecting BOD tests in multilaboratory studies and the resulting extreme variability in test results, one standard deviation, as determined by interlaboratory tests, is recommended as a control limit for individual laboratories. Alternatively, each laboratory may establish its control limits by performing a minimum of 25 glucose-glutamic acid checks (5210B.6b) over a period of several weeks or months and calculating the mean and standard deviation. Use the mean 3 standard deviations as the control limit for future glucoseglutamic acid checks. Compare calculated control limits to the single-laboratory tests presented above and to interlaboratory results. If the glucose-glutamic acid test results are outside the range of 198 30.5, re-evaluate the control limits and investigate source of the problem. If measured BOD for a glucoseglutamic acid check is outside the accepted control limit range, reject tests made with that seed and dilution water or identify such tests clearly in all data records and reports.
b. Working range and detection limit: The working range is equal to the difference between the maximum initial DO (7 to 9 mg/L) and minimum DO residual of 1 mg/L corrected for seed, and multiplied by the dilution factor.

Detection limits are established by the minimum DO depletion and minimum DO residuals as follows:
• The lower detection limit for unseeded samples that require dilution (S 0; P 1.0) is 2 mg/L multiplied by the dilution factor as established by the requirement for a minimum DO depletion of 2 mg/L.
• The lower limit for seeded samples that require dilution (S 0; P 1.0) is approximately 1 mg/L as established by the minimum depletion of 2.0 mg/L minus the maximum seed correction, which should be less than about 1 mg/L. • The lower limit for unseeded samples that require no dilution (S 0; P 1.0) is equal to the detection limit of the DO measurement method (0.1 mg/L).
• The lower detection limit for seeded samples that require no dilution (S 0; P 1.0) is 0 mg/L, as established by the difference between the sample DO depletion and the seed correction.

9. References

1. YOUNG, J.C. 1973. Chemical methods for nitrification control. J.

Water Pollut. Control Fed. 45:637.

2. U.S. ENVIRONMENTAL PROTECTION AGENCY,OFFICE OF RESEARCH AND DEVELOPMENT. 1986. Method-by-Method Statistics from Water Pollution (WP) Laboratory Performance Evaluation Studies. Quality Assurance Branch, Environmental Monitoring and Support Lab., Cincinnati, Ohio.

10. Bibliography
THERIAULT, E.J., P.D. MCNAMEE & C.T. BUTTERFIELD. 1931. Selection of dilution water for use in oxygen demand tests. Pub. Health Rep. 46:1084.

LEA, W.L. & M.S. NICHOLS. 1937. Influence of phosphorus and nitrogen on biochemical oxygen demand. Sewage Works J. 9:34.

RUCHHOFT, C.C. 1941. Report on the cooperative study of dilution waters made for the Standard Methods Committee of the Federation of Sewage Works Associations. Sewage Works J. 13:669.

MOHLMAN, F.W., E. HURWITZ, G.R. BARNETT & H.K. RAMER. 1950.

Experience with modified methods for BOD. Sewage Ind. Wastes 22:31.

YOUNG, J.C., G.N. MCDERMOTT & D. JENKINS . 1981. Alterations in the BOD procedure for the 15th edition of Standard Methods for the Examination of Water and Wastewater. J. Water Pollut. Control Fed. 53:1253.
5210 C. Ultimate BOD Test

1. General Discussion
The ultimate BOD test is an extension of the 5-d dilution BOD test (5210B) but with a number of specific test requirements and differences in application. The user should be familar with the 5210B procedure before conducting tests for UBOD.
a. Principle: The method consists of placing a single sample dilution in full, airtight bottles and incubating under specified conditions for an extended period depending on wastewater, effluent, river, or estuary quality.1 Dissolved oxygen (DO) is measured (with probes) initially and intermittently during the test. From the DO versus time series, UBOD is calculated by an appropriate statistical technique. For improved accuracy, run tests in triplicate.

Bottle size and incubation time are flexible to accommodate individual sample characteristics and laboratory limitations. Incubation temperature, however, is 20°C. Most effluents and some naturally occurring surface waters contain materials with oxygen demands exceeding the DO available in air-saturated water. Therefore, it is necessary either to dilute the sample or to monitor DO frequently to ensure that low DO or anaerobic conditions do not occur. When DO concentrations approach 2 mg/L, the sample should be reaerated.

Because bacterial growth requires nutrients such as nitrogen, phosphorus, and trace metals, the necessary amounts may be added to the dilution water together with buffer to ensure that pH remains in a range suitable for bacterial growth and seed to BIOCHEMICAL OXYGEN DEMAND (5210)/Ultimate BOD Test
6 478
provide an adequate bacterial population. However, if the result is being used to estimate the rate of oxidation of naturally occurring surface waters, addition of nutrients and seed probably accelerates the decay rate and produces misleading results. If only UBOD is desired, it may be advantageous to add supplemental nutrients that accelerate decay and reduce the test duration. When nutrients are used, they also should be used in the dilution water blank. Because of the wide range of water and wastewater characteristics and varied applications of UBOD data, no specific nutrient or buffer formulations are included.

The extent of oxidation of nitrogenous compounds during the prescribed incubation period depends on the presence of microorganisms capable of carrying out this oxidation. Such organisms may not be present in wastewaters in sufficient numbers to oxidize significant quantities of reduced nitrogen. This situation may be reversed in naturally occurring surface waters. Erratic results may be obtained when a nitrification inhibitor is used;2 therefore, the specified method precludes use of a nitrogen inhibitor unless prior experimental evidence on the particular sample suggests that it is acceptable.* Monitor NO2
-N and
NO3
-N to compute the oxygen equivalency of the nitrification reaction. When these values are subtracted from the DO vs. time series, the carbonaceous BOD time series can be constructed.3 b. Sampling and storage: See 5210B.4a.
c. Quality control (QC): The QC practices considered to be an integral part of each method are summarized in Table 5020:I.

2. Apparatus
a. Incubation bottles: Glass bottles with ground-glass stoppers,† 2-L (or larger) capacity. Glass serum bottles of 4- to 10-L capacity are available. Alternatively use nonground-glass bottles with nonbiodegradable plastic caps as a plug insert. Do not reuse the plugs because discoloration occurs with continued use. Replace plugs every 7 to 14 d. Do not use rubber stoppers that may exert an oxygen demand. Clean bottles with a detergent and wash with dilute HCl (3N) to remove surface films and precipitated inorganic salts; rinse thoroughly with DI water before use.

Cover top of bottles with paper after rinsing to prevent dust from collecting. To prevent drawing air into the sample bottle during incubation, use a water seal. If the bottle does not have a flared mouth, construct a water seal by making a watertight dam around the stopper (or plug) and fill with water from the reservoir as necessary. Cover dam with clean aluminum foil to retard evaporation. If a 2-L BOD bottle is used, fill reservoir with sample and cover with a polyethylene cap before incubation.

Place a clean magnetic stirring bar in each bottle to mix contents before making DO measurement or taking a subsample.

Do not remove the magnets until the test is complete.

Alternatively, use a series of 300-mL BOD bottles (5210B.2a) if larger bottles are not available or incubation space is limited. b. Reservoir bottle: 4-L or larger glass bottle. Close with screw plastic cap or non-rubber plug.
c. Incubator or water bath, thermostatically controlled at 20 1°C. Exclude all light to prevent the possibility of photosynthetic production of DO.
d. Oxygen-sensitive membrane electrode: See Section 4500- O.G.2.

3. Procedure
a. River water samples: Preferably fill large BOD bottle (2 L, or alternatively 6 or more 300-mL BOD bottles) with sample at 20°C. Add no nutrients, seed, or nitrification inhibitor if in-bottle decay rates will be used to estimate in-stream rates.

Do not dilute sample unless it is known by pretesting or by experience to have a high ultimate BOD (20 mg/L).

Measure DO in each bottle, stopper, and make an airtight seal.

Incubate at 20°C in the dark.

Measure DO in each bottle at intervals of at least 2 to 5 d over a period of 30 to 60 d (minimum of 6 to 8 readings) or longer under special circumstances. To avoid oxygen depletion in samples containing NH3-N, measure DO more frequently until nitrification has taken place. If DO falls to about 2 mg/L, reaerate as directed below. Replace sample lost by the cap and DO probe displacement by adding 1 to 2 mL sample from the reservoir bottle.

When DO approaches 2 mg/L, reaerate. Pour a small amount of sample into a clean vessel and reaerate the remainder directly in the bottle by vigorous shaking or bubbling with purified air (medical grade). Refill bottle from the storage reservoir and measure DO. This concentration becomes the initial DO for the next measurement. If using 300-mL BOD bottles, pour all of the sample from the several bottles used into a clean vessel, reaerate, and refill the small bottles.

Analyze for nitrate plus nitrite nitrogen (NO3
-N NO2-N)
(see Sections 4500-NO2
and 4500-NO3) on Days 0, 5, 10, 15,
20, and 30. Alternatively, determine NO2
-N and NO3-N each
time DO is determined, thereby producing corresponding BOD and nitrogen determinations. If the ultimate demand occurs at a time greater than 30 d, make additional analyses at 30-d intervals. Remove 10 to 20 mL from the bottle for these analyses.

Refill bottle as necessary from the reservoir bottle. Preserve NO2
-N NO3-N subsample with H2SO4 to pH 2 and
refrigerate. If the purpose of the UBOD test is to assess the UBOD and not to provide data for rate calculations, measure nitrate nitrogen concentration only at Day 0 and on the last day of the test (kinetic rate estimates are not useful when the nitrification reaction is not followed).

Calculate oxygen consumption during each time interval and make appropriate corrections for nitrogenous oxygen demand.

Correct by using 3.43 the NH3-N to NO2
-N conversion plus

1.14 the NO2
-N to NO3-N conversion to reflect the stoichiometry of the oxidation of NH4 to NO2 or NO3.

When using a dilution water blank, subtract DO uptake of the blank from the total DO consumed. High-quality reagent water without nutrients typically will consume a maximum of 1 mg DO/L in a 30- to 90-d period. If DO uptake of the dilution water is greater than 0.5 mg/L for a 20-d period, or 1 mg/L for a 90-d period, report the magnitude of the correction and try to obtain higher-quality dilution water for use with subsequent UBOD tests.
* Some analysts have reported satisfactory results with 2-chloro-6-(trichloromethyl) pyridine (Nitrification Inhibitor, Formula 2533, Hach Co., Loveland, CO, or equivalent).
† Wheaton 2-L BOD bottle No. 227580, 1000 North Tenth St., Millville, NJ, or equivalent.

BIOCHEMICAL OXYGEN DEMAND (5210)/Ultimate BOD Test
7 479
When the weekly DO consumption drops below 1 to 2% of the total accumulative consumption, calculate the ultimate BOD using a nonlinear regression method.
b. Wastewater treatment plant samples: Use high-quality reagent water (see Section 1080) for dilution water. Add no nitrification inhibitors if decay rates are desired. If seed and nutrients are necessary, add the same amounts of each to the dilution water blank. Use minimal sample dilution. As a rule of thumb, the ultimate BOD of the diluted sample should be in the range of 20 to 30 mg/L. Dilution to this level probably will require two or three sample reaerations during the incubation period to avoid having dissolved oxygen concentrations fall below 2 mg/L.

Use 2-L or larger BOD bottles (alternatively, multiple 300-mL BOD bottles) for each dilution. Add desired volume of sample to each bottle and fill with dilution water.

Fill a BOD bottle with dilution water to serve as a dilution water blank. Treat blank the same as all samples. Follow procedure given in ¶ a above and incubate for at least as long as UBOD test.

4. Calculations
An example of results obtained for a wastewater sample, undiluted, without seed and nutrients, is given in Table 5210:I.

UBOD can be estimated by using a first-order model described as follows:

BODt UBOD (1 ekt)
where:

BODt oxygen uptake measured at time t, mg/L, and
k first-order oxygen uptake rate.

The data in Table 5210:I were analyzed with a nonlinear regression technique applied to the above first-order model.4 However, a first-order kinetic model may not always be the best choice. Significantly better statistical fits usually are obtained with alternative kinetic models including sum of two first-order and logistic function models.1,3– 8

5. Precision and Bias
The precision of the ultimate BOD test was assessed with a series of replicate tests in a single laboratory. Interlaboratory studies have not been conducted.

Reference Replicate No.

UBOD
mg/L Precision Summary*
2 1 154 151 mg/L
2 154
3 145 CV 3.5%
5 1 10.3
2 11.1
3 9.6 10.0 mg/L
4 9.9
5 9.8 CV 5.8%
6 9.6
6 1 12.8 12.4 mg/L
2 12.6
3 12.6 CV 4.4%
4 11.6
* mean,
CV coefficient of variation.

TABLE 5210:I. UBOD RESULTS FOR WASTEWATER SAMPLE
Day
(1) (2) (3) (4) (5) (6)
Average
DO*
mg/L
Average
Blank DO†
mg/L
Accumulated DO
Consumed by Sample‡
mg/L
Average
NO3-N
mg/L
NBOD
mg/L§
CBOD
mg/L
0 8.1 — 0 0.0 0 0
3 5.6 — 2.5 — 0 2.5
5 3.5/8.0 — 4.6 0.0 0 4.6
7 6.2 — 6.4 — 0.23 6.2
10 3.2/8.2 — 9.4 0.10 0.46 8.9
15 4.3 — 13.3 — 0.58 12.7
18 2.7/8.1 — 14.9 0.15 0.69 14.2
20 6.6 — 16.4 — 0.80 15.6
25 5.4 — 17.6 0.20 0.92 16.7
30 2.6/8.2 — 20.4 — 0.92 19.5
40 5.3 — 23.3 0.20 0.92 22.4
50 3.1/8.0 — 25.5 — 0.92 24.6
60 4.5 — 29.0 — 0.92 28.1
70 3.3/8.1 — 30.2 — 0.92 29.3
90 5.4 — 32.9 0.20 0.92 32.0
* Two readings indicate concentrations before and after reaeration. † None was used.
‡ Column (1) – blank correction (none needed in the example). § Column (4) 4.57 (linear interpolation between values). [Column (3) – Column (5)] dilution factor.

Ultimate CBOD 34.5 mg/L; CBOD decay rate 0.03/d (calculated with first-order equation from 5210C.4).

BIOCHEMICAL OXYGEN DEMAND (5210)/Ultimate BOD Test
8 480
Bias was assessed by determining the BOD of a known
concentration of glucose (150 mg/L) and glutamic acid
(150 mg/L). This solution has a UBOD of 321 mg/L to
308 mg/L, depending on extent of nitrification. The results of the study conducted in triplicate were:1
Estimated*
UBOD
mg/L
Theoretical
BOD
mg/L
Percent
Difference
276 308/321 10/14
310 308/321 1/3
303 308/321 2/6
* By statistical model.

6. References

1. MARTONE, C.H. 1976. Studies Related to the Determination of Biodegradability and Long Term BOD. M.S. thesis, Dep. Civil Engineering, Tufts Univ., Medford, Mass.

2. NATIONAL COUNCIL OF THE PAPER INDUSTRY FOR AIR AND STREAM IMPROVEMENT,INC. 1986. A Review of the Separation of Carbonaceous and Nitrogenous BOD in Long-Term BOD Measurements.

Tech. Bull. No. 461, New York, N.Y.

3. NATIONAL COUNCIL OF THE PAPER INDUSTRY FOR AIR AND STREAM IMPROVEMENT,INC. 1982. A Review of Ultimate BOD and Its Kinetic Formulation for Pulp and Paper Mill Effluents. Tech. Bull. No. 382, New York, N.Y.

4. BARNWELL, T. 1980. Least Squares Estimates of BOD Parameters. J.

Environ. Eng. Div., Proc. Amer. Soc. Civil Eng. 107(EE6):1197.

5. NATIONAL COUNCIL OF THE PAPER INDUSTRY FOR AIR AND STREAM IMPROVEMENT,INC. 1982. A Proposal to Examine the Effect of Mixing on Long Term BOD Test. NE82-01, New York, N.Y.

6. NATIONAL COUNCIL OF THE PAPER INDUSTRY FOR AIR AND STREAM IMPROVEMENT,INC. 1982. A Study of the Selection, Calibration, and Verification of Mathematical Water Quality Models. Tech. Bull. No. 367, New York, N.Y.

7. NATIONAL COUNCIL OF THE PAPER INDUSTRY FOR AIR AND STREAM IMPROVEMENT,INC. 1987. User’s Manual for Parameter Estimation for First Order Ultimate BOD Decay, BODFO. Tech. Bull. No. 529, New York, N.Y.

8. CHU, W.S. & E.W. STRECKER. 1972. Parameter Identification In Water System Model. Dep. Civil Engineering, Univ. Washington, Seattle. 5210 D. Respirometric Method

1. General Discussion
a. Principle: Respirometric methods provide direct measurement of the oxygen consumed by microorganisms from an air or oxygen-enriched environment in a closed vessel under conditions of constant temperature and agitation. b. Uses: Respirometry measures oxygen uptake more or less continuously over time. Respirometric methods are useful for assessing: biodegradation of specific chemicals; treatability of organic industrial wastes; the effect of known amounts of toxic compounds on the oxygen-uptake reaction of a test wastewater or organic chemical; the concentration at which a pollutant or a wastewater measurably inhibits biological degradation; the effect of various treatments such as disinfection, nutrient addition, and pH adjustment on oxidation rates; the oxygen requirement for essentially complete oxidation of biologically oxidizable matter; the need for using adapted seed in other biochemical oxygen-uptake measurements, such as the dilution BOD test; and stability of sludges.

Respirometric data typically will be used comparatively, that is, in a direct comparison between oxygen uptakes from two test samples or from a test sample and a control. Because of inherent differences among uses, among seed cultures, among applications of results, and among instruments, a single procedure for respirometric tests applicable to all cases cannot be defined.

Therefore, only basic recommendations and guidelines for overall test setup and procedure are given. Follow manufacturer’s instructions for operating details for specific commercial instruments. c. Types of respirometers: Four principal types of commercial respirometers are available. Manometric respirometers relate oxygen uptake to the change in pressure caused by oxygen consumption while maintaining a constant volume. Volumetric respirometers measure oxygen uptake in incremental changes in gas volume while maintaining a constant pressure at the time of reading. Electrolytic respirometers monitor the amount of oxygen produced by electrolysis of water to maintain a constant oxygen pressure within the reaction vessel. Direct-input respirometers deliver oxygen to the sample from a pure oxygen supply through metering on demand as detected by minute pressure differences. Most respirometers have been instrumented to permit data collection and processing by computer. Reactionvessel contents are mixed by using a magnetic or mechanical stirring device or by bubbling the gaseous phase within the reaction vessel through the liquid phase. All respirometers remove carbon dioxide produced during biological growth by suspending a concentrated adsorbent (granular or solution) within the closed reaction chamber or by recirculating the gas phase through an external scrubber.
d. Interferences: Evolution of gases other than CO2 may introduce errors in pressure or volume measurements; this is uncommon in the presence of dissolved oxygen. Incomplete CO2 absorption will introduce errors if appropriate amounts and concentrations of alkaline absorbent are not used. Temperature fluctuations or inadequate mixing will introduce error. Fluctuations in barometric pressure can cause errors with some respirometers. Become familiar with the limits of the instrument to be used.
e. Minimum detectable concentration: Most commercial respirometers can detect oxygen demand in increments as small as

0.1 mg but test precision depends on the total amount of oxygen consumed at the time of reading, the precision of pressure or volume measurement, and the effect of temperature and barometric pressure changes. Upper limits of oxygen uptake rate are BIOCHEMICAL OXYGEN DEMAND (5210)/Respirometric Method
9 481
determined by the ability to transfer oxygen into the solution from the gas phase, which typically is related to mixing intensity.

Transfer limits typically range from less than 10 mg O2/L/h for low-intensity mixing to above 100 mg O2/L/h for high-intensity mixing.
f. Relationship to dilution BOD: Variations in waste composition, substrate concentration, mixing, and oxygen concentrations from one wastewater source to another generally preclude use of a general relationship between oxygen uptake by respirometers and the 5-d, 20°C, BOD (see 5210B). Reasonably accurate correlations may be possible for a specific wastewater.

The incubation period for respirometric measurements need not be 5 d because equally valid correlations can be made between the 5-d dilution BOD and respirometric oxygen uptake at any time after 2 d.1,2 The point of common dilution and respirometric BOD seems to occur at about 2 to 3 d incubation for municipal wastewaters. Correlations between respirometric measurements and 5-d BOD for industrial wastes and specific chemicals are less certain. Respirometric measurements also can provide an indication of the ultimate biochemical oxygen demand (UBOD) (see 5210C). In many cases, it is reasonable to consider that the 28- to 30-d oxygen uptake is essentially equal to the UBOD.3 More commonly, respirometers are used as a diagnostic tool.

The continuous readout of oxygen consumption in respirometric measurements indicates lag, toxicity, or any abnormalities in the biodegradation reaction. The change in the normal shape of an oxygen-uptake curve in the first few hours may help to identify the effect of toxic or unusual wastes entering a treatment plant in time to make operating corrections.
g. Relationship to other test methods and protocols: This method supports most of the protocols and guidelines established by the European Organization for Economic Co-operation and Development3 (OECD) that require measurement of oxygen
uptake.
h. Sampling and storage:
1) Grab samples—If analysis is begun within 2 h of sample collection, cold storage is unnecessary. Otherwise, keep sample at or below 4°C from the time of collection. Begin analysis within 6 h of collection; when this is not possible, store at or below 4°C and report length and temperature of storage. Never start analysis more than 24 h after grab sample collection. 2) Composite samples—Keep samples at or below 4°C during compositing. Limit compositing period to 24 h. Use the same criteria as for storage of grab samples, starting the measurement of holding time from the end of the compositing period. State storage time and conditions with results.

2. Apparatus
a. Respirometer system: Use commercial apparatus and check manufacturer’s instructions for specific system requirements, reaction vessel type and volume, and instrument operating characteristics. b. Incubator or water bath: Use a constant-temperature room, incubator chamber, or water bath to control temperature to 1°C. Exclude all light to prevent oxygen formation by algae in the sample. Use red, actinic-coated bottles for analysis outside of a darkened incubator.

3. Reagents
Formulations of reagent solutions are given for 1-L volumes, but smaller or larger volumes may be prepared according to need. Discard any reagent showing signs of biological growth or chemical precipitation. Stock solutions can be sterilized by autoclaving to provide longer shelf life. a. Distilled water: Use only high-quality water distilled from a block tin or all-glass still (see Section 1080). Deionized water may be used but often contains high bacterial counts. The water must contain less than 0.01 mg heavy metals/L and be free of chlorine, chloramines, caustic alkalinity, organic material, or acids. Make all reagents with this water. When other waters are required for special-purpose testing, state clearly their source and quality characteristics.
b. Phosphate buffer solution, 1.5N: Dissolve 207 g sodium dihydrogen phosphate, NaH2PO4 H2O, in water. Neutralize to pH 7.2 with 6N KOH (¶ g below) and dilute to 1 L.
c. Ammonium chloride solution, 0.71N: Dissolve 38.2 g ammonium chloride, NH4Cl, in water. Neutralize to pH 7.0 with KOH. Dilute to 1.0 L; 1 mL 10 mg N.
d. Calcium chloride solution, 0.25N: Dissolve 27.7 g CaCl2 in water and dilute to 1 L; 1 mL 10 mg Ca.
e. Magnesium sulfate solution, 0.41N: Dissolve 101 g
MgSO4 7H2O in water and dilute to 1 L; 1 mL 10 mg Mg. f. Ferric chloride solution, 0.018N: Dissolve 4.84 g
FeCl3 6H2O in water and dilute to 1 L; 1 mL 1.0 mg Fe. g. Potassium hydroxide solution, 6N: Dissolve 336 g KOH in about 700 mL water and dilute to 1 L. CAUTION: Add KOH to water slowly and use constant mixing to prevent excessive heat buildup. Alternately, use commercial solutions containing 30 to 50% KOH by weight.
h. Acid solutions, 1N: Add 28 mL conc H2SO4 or 83 mL conc HCl to about 700 mL water. Dilute to 1 L.
i. Alkali solution, 1N: Add 40 g NaOH to 700 mL water.

Dilute to 1 L.
j. Nitrification inhibitor: Reagent-grade 2-chloro-6-(trichloromethyl) pyridine (TCMP) or equivalent.3 *
k. Glucose-glutamic acid solution: Dry reagent-grade glucose and reagent-grade glutamic acid at 103°C for 1 h. Add 15.0 g glucose and 15.0 g glutamic acid to distilled water and dilute to 1 L. Neutralize to pH 7.0 using 6N potassium hydroxide (¶ g above). This solution may be stored for up to 1 week at 4°C. l. Electrolyte solution (for electrolytic respirometers): Use manufacturer’s recommended solution.
m. Sodium sulfite solution, 0.025N: Dissolve 1.575 g Na2SO3 in about 800 mL water. Dilute to 1 L. This solution is not stable; prepare daily or as needed.
n. Trace element solution: Dissolve 40 mg MnSO4 4H2O, 57 mg H3BO3, 43 mg ZnSO4 7H2O, 35 mg (NH4)6 Mo7O24,
and 100 mg Fe-chelate (FeCl3-EDTA) in about 800 mL water.

Dilute to 1 L. Sterilize at 120°C and 200 kPa (2 atm) pressure for 20 min.
* Formula 2533, Hach Chemical Co., Loveland, CO, or equivalent. NOTE: Some commercial formulations are not pure TCMP. Check with supplier to verify compound purity and adjust dosages accordingly.

BIOCHEMICAL OXYGEN DEMAND (5210)/Respirometric Method
10 482
o. Yeast extract solution:3 Add 15 mg laboratory- or pharmaceutical-grade brewer’s yeast extract to 100 mL water. Make this solution fresh immediately before each test in which it is used. p. Nutrient solution:3 Add 2.5 mL phosphate buffer solution (3b), 0.65 mL ammonium chloride solution (3c), 1.0 mL calcium chloride solution (3d), 0.22 mL magnesium sulfate solution (3e),

0.1 mL ferric chloride solution (3f), 1 mL trace element solution (3n), and 1 mL yeast extract solution (3o) to about 900 mL water. Dilute to 1 L. This nutrient solution and those of ¶s n and o above are specifically formulated for use with the OECD method.3 (NOTE: A 10:1 concentrated nutrient solution can be made and diluted accordingly.)

4. Procedure
a. Instrument operation: Follow respirometer manufacturer’s instructions for assembly, testing, calibration, and operation of the instrument. NOTE: The manufacturer’s stated maximum and minimum limits of measurement are not always the same as the instrument output limits. Make sure that test conditions are within the limits of measurement.
b. Sample volume: Sample volume or concentration of organic chemicals to be added to test vessels is a function of expected oxygen uptake characteristics and oxygen transfer capability of the instrument. Small volumes or low concentrations may be required for high-strength wastes. Large volumes may be required for low-strength wastes to improve accuracy. c. Data recording interval: Set instrument to give data readings at suitable intervals. Intervals of 15 min to 6 h typically are used.
d. Sample preparation:
1) Homogenization—If sample contains large settleable or floatable solids, homogenize it with a blender and transfer representative test portions while all solids are in suspension. If there is a concern for changing sample characteristics, skip this step.
2) pH adjustment—Neutralize samples to pH 7.0 with H2SO4 or NaOH of such strength (5210D.3h and i) that reagent quantity does not dilute the sample more than 0.5%.
3) Dechlorination—Avoid analyzing samples containing residual chlorine by collecting the samples ahead of chlorination processes. If residual chlorine is present, aerate as described in ¶ 5) below or let stand in light for 1 to 2 h. If a chlorine residual persists, add Na2SO3 solution. Determine required volume of Na2SO3 solution by adding 10 mL 1 1 acetic acid or 1 50 H2SO4 and 10 mL potassium iodide solution (10 g/100 mL) to a portion of the sample. Titrate with 0.025N Na2SO3 solution to the starch-iodine end point (see Section 4500-Cl.B). Add to the neutralized sample a proportional volume of Na2SO3 solution determined above, mix, and after 10 to 20 min check for residual chlorine. Re-seed the sample (see ¶ h below).
4) Samples containing toxic substances—Certain industrial wastes contain toxic metals or organic compounds. These often require special study and treatment.3
5) Initial oxygen concentration—If samples contain dissolved oxygen concentrations above or below the desired concentration, agitate or aerate with clean and filtered compressed air for about 1 h immediately before testing. Minimum and maximum actual DO concentrations will vary with test objectives. In some cases, pure oxygen may be added to respirometer vessels to increase oxygen levels above ambient.
6) Temperature adjustment—Bring samples and dilution water to desired test temperature (1°C) before making dilutions or transferring to test vessels.
e. Sample dilution: Use distilled water or water from other appropriate sources free of organic matter. In some cases, receiving stream water may be used for dilution. Add desired sample volume to test vessels using a wide-tip volumetric pipet or other suitable volumetric glassware. Add dilution water to bring sample to about 80% of desired final volume. Add appropriate amounts of nutrients, minerals, buffer, nitrification inhibitor if desired, and seed culture as described in ¶s f–h below.

Dilute sample to desired final volume. The number of test vessels to prepare for each dilution depends on test objectives and number of replicates desired.
f. Nutrients, minerals, and buffer: Add sufficient ammonia nitrogen to provide a COD:N:P ratio of 100:5:1 or a TOC:N:P ratio of 30:5:1. Add 2 mL each of calcium, magnesium, ferric chloride, and trace mineral solutions to each liter of diluted sample unless sufficient amounts of these minerals are present in the original sample. Phosphorus requirements will be met by the phosphate buffer if it is used (1 mL/50 mg/L COD or ultimate BOD of diluted sample usually is sufficient to maintain pH between 6.8 and 7.2). Be cautious in adding phosphate buffer to samples containing metal salts because metal phosphates may precipitate and show less toxic or beneficial effect than when phosphate is not present. For OECD-compatible tests, substitute the nutrient, mineral, and buffer amounts listed in 5210D.3p for the above nutrient/mineral/buffer quantities.
g. Nitrification inhibition: If nitrification inhibition is desired, add 10 mg 2-chloro-6-(trichloromethyl) pyridine (TCMP)/L sample in the test vessel. Samples that may nitrify readily include biologically treated effluents, samples seeded with biologically treated effluents, and river waters.4 h. Seeding: See 5210B.4d for seed preparation. Use sufficient amounts of seed culture to prevent major lags in the oxygen uptake reaction but not so much that the oxygen uptake of the seed exceeds about 10% of the oxygen uptake of the seeded sample.

Determine the oxygen uptake of the seeding material as for any other sample. This is the seed control. Typically, the seed volume in the seed control should be 10 times the volume used in seeded samples.
i. Incubation: Incubate samples at 20°C or other suitable temperature 1.0°C. Take care that the stirring device does not increase the temperature of the sample.

5. Calculations
To convert instrument readings to oxygen uptake, refer to manufacturer’s procedures.

Correct oxygen uptake for seed and dilution by the following equation:

C [A B(SA/SB)](1000/NA)
where:

C corrected oxygen uptake of sample, mg/L,
A measured oxygen uptake in seeded sample, mg,
BIOCHEMICAL OXYGEN DEMAND (5210)/Respirometric Method
11 483
B measured oxygen uptake in seed control, mg,
SA volume of seed in Sample A, mL,
SB volume of seed in Sample B, mL, and
NA volume of undiluted sample in Sample A, mL.

6. Quality Control
The quality control practices considered to be an integral part of each method are summarized in Table 5020:I.

Periodically use the following procedure to check distilled water quality, instrument quality, instrument function, and analytical technique by making oxygen uptake measurements using a mixture of glucose and glutamic acid as a standard check solution.

Adjust water for sample formulation to test temperature and saturate with DO by aerating with clean, organic-free filtered air.

Protect water quality by using clean glassware, tubing, and bottles.

Prepare a test solution by adding 10 mL glucose-glutamic acid solution (3k); 6 mL phosphate buffer (3b); 2 mL each of ammonium chloride (3c), magnesium sulfate (3e), calcium chloride (3d), ferric chloride (3f), and trace element solution (3n) to approximately 800 mL water. Add 10 mg nitrification inhibitor (TCMP)/L. Add sufficient seed from a suitable source as described in 5210D.4h to give a lag time less than 6 h (usually 25 mL supernatant from settled primary effluent/L test solution is sufficient). Dilute to 1 L. Adjust temperature to 20 1°C.

Prepare a seed blank by diluting 500 mL or more of the seed solution to 800 mL with distilled water. Add the same amount of buffer, nutrients, and TCMP as in the test solution, and dilute to 1 L. Adjust temperature to 20 1°C.

Place test solution and seed blank solution in separate reaction vessels of respirometer and incubate for 5 d at 20°C. Run at least three replicates of each. The seed-corrected oxygen uptake after 5 d incubation should be 260 30 mg/L. If the value of the check is outside this range, repeat the test using a fresh seed culture and seek the cause of the problem.

7. Precision and Bias
a. Precision: No standard is available to check the accuracy of respirometric oxygen uptake measurements. To obtain laboratory precision data, use a glucose-glutamic acid mixture (5210D.6) having a known theoretical maximum oxygen uptake value. Tests with this and similar organic compound mixtures have shown that the standard deviation, expressed as the coefficient of variation, Cv, is approximately 5% for samples having total oxygen uptakes of 50 to 100 mg/L and 3% for more
concentrated samples.1,2 Individual instruments have different readability limits that can affect precision. The minimum response or sensitivity of most commercial respirometers ranges from 0.05 to 1 mg oxygen. Check manufacturer’s specifications for sensitivity of the instrument at hand.
b. Control limits: To establish laboratory control limits, perform a minimum of 25 glucose-glutamic acid checks over a period of several weeks or months and calculate mean and standard deviation. If measured oxygen uptake in 5 d at 20°C is outside the 260 30 mg/L range, re-evaluate procedure to identify source of error. For other samples, use the mean 3 standard deviations as the control limit.
c. Working range and detection limits: The working range and detection limits are established by the limits of each commercial instrument. Refer to manufacturer’s specifications.

8. References

1. YOUNG, J.C. & E.R. BAUMANN. 1976. The electrolytic respirometer— Factors affecting oxygen uptake measurements. Water Res. 10:1031.

2. YOUNG, J.C. & E.R. BAUMANN. 1976. The electrolytic respirometer— Use in water pollution control plant laboratories. Water Res. 10:1141.

3. ORGANIZATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT. 1981.

Method 5.2, Annex V, Part C in OECD Guidelines for Testing of Chemicals. OECD, Paris, France.

4. YOUNG, J.C. 1973. Chemical methods for nitrification control. J.

Water Poll. Control Fed. 45:637.

9. Bibliography
HEUKELEKIAN, H. 1947. Use of direct method of oxygen utilization in waste treatment studies. Sew. Works J. 19:375.

CALDWELL, D.H. & W.F. LANGELIER. 1948. Manometric measurement of the biochemical oxygen demand of sewage. Sew. Works J. 20:202.

GELLMAN, I. & H. HEUKELEKIAN. 1951. Studies of biochemical oxidation by direct methods. Sew. Ind. Wastes. 23:1267.

JENKINS, D. 1960. The use of manometric methods in the study of sewage and trade wastes. In Waste Treatment, p. 99. Pergamon Press, Oxford, U.K.

MONTGOMERY, H.A.C. 1967. The determination of biochemical oxygen demand by respirometric methods. Water Res. 1:631.

CEDENA, F., A. DROHOBYCZAR, M.I. BEACH & D. BARNES. 1988. A novel approach to simplified respirometric oxygen demand determinations. Proc. 43rd Ind. Waste Conf., Purdue Univ., Lafayette, Ind.

BIOCHEMICAL OXYGEN DEMAND (5210)/Respirometric Method
12 484
SOP AMBL-105-D Page 1 of 7
Standard Operating Procedure
AMBL-105-D
Total Suspended Solids by Gravimetric
Determination

METHOD SUMMARY
This SOP describes the procedure for measuring total suspended solids in water and wastewater. This method is based on Method 2540 D of Standard Methods for the Examination of Water and Wastewater, 24th Edition, 2023.

ENVIRONMENTAL HEALTH AND SAFETY
Hazards Assessment: This method involves the use of a convection oven and optionally a muffle furnace, the handling of natural waters or untreated wastewaters that potentially contain pathogenic organisms. The specific hazards associated with this method are as follows.

Burns: Burns to the hands or arm are possible if the sides of the convention oven or muffle furnace are touched when placing the sample into or removing it from the oven or furnace. Burns will also occur if the hot porcelain evaporating dish itself is touched.

Biological Hazard: The presence of pathogenic organisms must be assumed, regardless of the water sample source. Natural waters, sewage and wastewater all contain bacteria, funguses, parasites, and viruses that can lead to intestinal or other infections, including but not limited to diarrhea, fever, nausea, cramps, vomiting, headaches, conjunctivitis (pink eye) and Hepatitis A.

Safety Equipment and Engineering Controls: This method requires that you wash your hands with soap when finished handling samples and that an eye wash station be located nearby.

Personal Protective Equipment (PPE): This method requires the use of the following PPE.

Gloves (nitrile, PVC or neoprene)
Prepared: 12/27/2017
Prepared by: Terry E Baxter
Last Reviewed: 7/1/2023
Last Revised: 7/9/2023
Revised by: Terry E Baxter
485
SOP AMBL-105-D Page 2 of 7
Safety goggles or glasses
Laboratory coat
Analysis-derived Wastes and Disposal:

Waste Generated Hazardous
( Y / N)
Disposal
This procedure generates a
dried solid residue on the
surface of a glass-fiber filter. N
A solid wastewater solids residue is
considered desiccated and to have
heat-killed (> 71C) bacteria. The filter
and solid residue may be disposed in
the laboratory trash.

METHOD DESCRIPTION

1.0 Introduction and Applicability
Total suspended solids or TSS is the measure of the undissolved solid matter in a water that remains on the surface of a filter after all the water has been evaporated. Suspended solids affect water quality by making it unfit or unsafe to drink, aesthetically unacceptable for recreational use and aquatic habitats, and unsuitable for use in many industrial or other applications. A known volume of a well-mixed sample is filtered through a standard glass-fiber filter, collecting the solid residue on the surface of the filter. The filter and residue are evaporated to a constant weight condition in an oven maintained at a temperature of 103-105C. The mass of the dried residue is determined and used to calculate the concentration of total suspended solids in the sample.

This method is applicable for measurement of total suspended solids in all natural waters, in raw, process and treated agricultural, municipal and industrial wastewaters. This method is not considered applicable to wastewater slurries behaving as a Newtonian fluid, non-Newtonian fluids or treated drinking water.

2.0 Apparatus
a. Glass-fiber filter, with a 47 mm diameter, nominal pore size  2.0 µm and  1.0 µm, and no binders.
b. Graduated cylinder, Class A
c. Wide-bore pipet, Class B
d. Forceps capable of lifting and holding a filter without tearing or puncturing it.
e. Filter pans, aluminum or other inert material, to hold filters. f. Convection oven operated at 103-105C for drying samples to a constant weight condition.
486
SOP AMBL-105-D Page 3 of 7
g. Muffle furnace operated at 550  50C (if volatile solids will be determined).
h. Desiccator containing a desiccant that responds (color change) to moisture or a hygrometer that measures moisture.
i. Analytical balance capable of weighing to the nearest 0.1 mg or less. j. Magnetic stirrer and stir bar (optional).
k. Blender or homogenizer (optional)
l. Beaker, low-form Class B or Class A having a volume sufficient enough to fully contain the sample and prevent sample loss from spillage or splattering when mixing.
m. Filtration funnel assembly for a 47 mm size diameter filter. n. Vacuum suction flask, 1000 mL capacity.
o. Vacuum hose (thick-walled)
p. Vacuum trap

3.0 Reagents
a. Reagent water, deionized/reverse osmosis (DI/RO) or distilled water (DW)

4.0 Procedure
a. Read Method 2540D Total Suspended Solids Dried at 103-105C (Standard Methods).
b. Prepare a glass-fiber filter by placing and centering a filter disk onto the filter support screen of the filtration apparatus and attach the funnel.

Apply a low to moderate vacuum and rinse the filter with three successive volumes of 30 mL reagent water. Leave the vacuum on until all traces of water have been removed from the filter. Wet filters can adhere to the filter pan during the drying process and cause filter fibers to be torn from the filter when lifted for weighing. Remove the hose and turn off the vacuum. Use forceps to carefully remove the filter from the filtration apparatus support screen by holding and slowly lifting the filter only by the outer edge of the filter. Transfer the filter to a filter pan. Place the filter and pan into a drying oven operated at a temperature of 103-105C. Dry the filter at this temperature for no less than 60 minutes if measuring only total suspended solids or, if volatile suspended solids will be determined (see SOP 105E) place the filter in a muffle furnace at a temperature of 550  50C for no less than 15 minutes. In a desiccator, cool the dried filter to room temperature.

Remove the filter from the filter pan, weigh and record its weight - this is the tared weight of the filter. Replace the filter in the filter pan and store it in a desiccator until used.
c. Equilibrate the sample’s temperature to that of the room’s temperature and use a pipet or graduated cylinder to transfer a volume of well-mixed 487
SOP AMBL-105-D Page 4 of 7
sample onto the filter with the vacuum applied. Use a graduated cylinder for samples having solids that clog the wide bore pipet tip. Select a sample volume that will result in a dried residue ranging from 2.5 to 200 mg. Avoid filtration times exceeding 10 minutes. Rinse the entire surface area of the exposed filter with three successive volumes of 10 mL reagent water. Allow the water to completely drain between each rinsing and leave the vacuum on until all traces of water have been removed from the filter. Remove the hose and turn off the vacuum.

Carefully remove the filter from the filtration apparatus support screen using forceps by lifting and holding the filter only by the clean outer edge without solid residue. Transfer the filter to a filter pan. d. Dry the filter with solid residue in a convection oven at a temperature of 103-105C for no less than 60 minutes. Drying samples overnight is acceptable and an appropriate procedural step for the AMBL. In most circumstances, this ensures that constant weight has been achieved. e. Remove the filter pan containing the filter from the oven, place it in a desiccator and cool it to room temperature. Carefully remove the filter from the filter pan using the forceps without touching the dried solid residue and weigh it. Record this as the first 103C weight. f. Repeat the drying cycle for no less than 60 minutes, and again cool, weigh and record the second 103C weight.
g. Calculate the weight change between the first and second weights, and if the change is >0.5 mg, repeat the drying cycle until the change in weight between the final weight and the previous weight is 0.5 mg.

Record and use this final 103C weight.

4.0 Calculation and Reporting
a. Calculate the concentration of total suspended solids Total Suspended Solids, as mg TSS/L
(𝐴 − 𝐹) × 1,000
𝑆
where A = final 103C weight of the dried residue + the tared filter, mg,
F = tared filter weight, mg, and
S = mL of sample volume.
b. Identify any sample that yields a residue mass < 2.5 mg or > 200 mg and report the results as an “estimate” because the mass has exceeded the criteria of this analysis.

488
SOP AMBL-105-D Page 5 of 7
c. Report as follows:

Calculated Range
(mg/L)
Reported to
nearest (mg/L)
< 50 mg/L 1 mg/L
50 – 99 mg/L 5 mg/L
100 – 4999 mg/L 10 mg/L
> 5000 mg/L 50 mg/L
d. Once the calculated TSS value exceeds 10,000 mg/L, it is recommended to measure solids using SOP 105 F.

5.0 Quality Assurance and Quality Control
a. Sample and Filter Handling
The suspended solid material in a liquid medium sample is considered relatively non-homogeneous. The sub-sampling of a non-homogenous material prior to the filtration step as well as how the filter is handled throughout the procedure can introduce variability and are thus considered part of this method’s quality assurance and quality control practices. 1) A well-mixed sample is essential for minimizing the nonhomogeneous nature of the suspended material. Mixing the sample in a beaker using a magnetic stirrer is generally preferred as long as the mixing regime provided consists of a vertical mixing component as well as the horizontal rotation of the sample. A sample can also be well-mixed by hand, either by inverting a closed sample container multiple times or stirring the sampling with a stirring rod or the pipet in a way that can fully agitate the sample. When using a pipet, it is best to use a pipet bulb that does not leak air so that sample does not enter the pipet while agitating the sample. However, mixing by hand requires that the sample be agitated prior to each time a sample aliquot is taken.
2) Improper alignment and placement of the filter on the support grid can cause a tear or crease in the filter when the filtration funnel is placed over the filter, or in the worst case, leave a portion of the porous support grid exposed. A tear or crease weakens the edge of the filter and can result in the loss of filter material when lifting or moving the filter. Realigning a filter that has a tear, will allow some sample and solids to pass through the tear and thus bypass the filter.

An exposed portion of the support grid would also allow some sample and solids to bypass the filter. Proper alignment of the filter on the support grid should be visually verified before placing the filtration funnel over the filter.
489
SOP AMBL-105-D Page 6 of 7
3) A filter is picked up using forceps that will not puncture or tear the filter, and should always be held by placing the forceps near the edge of the filter that remains free of solid material residue. Forceps that touch the solids residue on the filter can pick up some of the residue and transfer it to the next filter that is handled. Make sure that the forceps are clean prior to handling any filter.
4) Extended filtration times can occur when the sample solids concentration is high and too much sample volume has been used.

A solids particle-size distribution that is predominantly and only just somewhat larger than the filter’s effective pore size can cause also extend filtration time because the filter’s pore will become clogged more rapidly. Regardless, extended filtration times can lead to the filter adhering to the support grid and causing the filter to tear or lose fibers from the bottom of the filter when the filter is lifted. One effect that occurs during extended filtration times is the formation of ice within the support grid along the bottom of the filter since the air temperature beneath the filter will decrease because of the vacuum.

Always lift the filter from the support screen after the vacuum has been turn off and the vacuum line removed and lift slow enough so a filter adhered to the support grid can be detected and measures to prevent tearing fibers from the bottom of the filter may be taken. If freezing is expected, wait a few minutes to allow the ice to thaw before removing the filter.
5) A damp filter, with or without solid residue, that is placed into the weighing pan tends to adhere to the pan’s flat surface that results in a visible loss of filter fibers on the pan when the filter is lifted.

Ensuring that the rinse water is removed from the solids and filter to the extent possible before the vacuum is turned off and the vacuum hose removed can prevent this from happening. Following this practice is also beneficial for potentially reducing the number of drying cycles.
6) Verifying that the filter and solid material residue have achieved a constant weight is critical. Constant weight is defined as having been achieved if the mass change between two subsequent drying cycles is less than 0.5 mg. Although many samples can achieve a constant weight condition after one drying cycle, it requires no less than one additional drying cycle to verify that this has been achieved. The exception to this is when a drying time study is conducted for the specific sample and suspended solids type that demonstrates overnight drying alone can achieve constant weight. An AMBL study conducted in 2016 demonstrated that overnight drying achieved a constant weight for mixed liquor suspended solids.

490
SOP AMBL-105-D Page 7 of 7
b. Data Quality Assessment and Corrective Actions
Assessing data quality and method performance is done by preparing and analyzing various quality control samples with some defined frequency. The results of these QC samples are then evaluated against preferably lab-specific performance criteria or against criteria considered acceptable performance indicators across multiple labs. 1) Analyze a method blank (a clean, dried, and tared filter) throughout the entire process with each batch of 20 or fewer samples. If a single sample is being analyzed, a method blank must also be analyzed.

Evaluate the method blank result against the AMBL-specific criteria of <0.2 mg mass difference between two subsequent drying cycles. 2). Analyze at least one sample in duplicate with each batch of 20 or fewer samples. If a single sample is being analyzed, this sample must be analyzed in duplicate. Evaluate sample duplicates by calculating relative percent difference (RPD) as follows.

𝑅𝑃𝐷, % =
|𝑆𝑎𝑚𝑝𝑙𝑒 − 𝐷𝑢𝑝𝑙𝑖𝑐𝑎𝑡𝑒 𝑆𝑎𝑚𝑝𝑙𝑒|
(𝑆𝑎𝑚𝑝𝑙𝑒 + 𝐷𝑢𝑝𝑙𝑖𝑐𝑎𝑡𝑒 𝑆𝑎𝑚𝑝𝑙𝑒)/2 × 100
Evaluate the RPD value against the AMBL-specific criteria of < 5%. 3) Analyze one laboratory-fortified blank and laboratory-fortified blank duplicate sample set (LFB/LFBD) for each 20 samples analyzed, not including method blanks or duplicate samples. Prepare a LFB sample for total suspended solids by weighing 100 mg Celite 545 (record the actual weight) to the nearest 0.1 mg. Suspend in distilled water to a volume of 1 liter. Measure the total suspended solids of this standard in duplicate. The RPD of the LFB/LFBD analyses should not exceed an absolute value of 10%. An AMBL-specific criteria has not yet been established.

6.0 References

1. American Public Health Association, American Water Works Association, Water Environment Federation. Lipps WC, BraunHowland EB, Baxter TE, eds. Standard Methods for the Examination of Water and Wastewater. 24th ed. Washington DC: APHA Press; 2023. 491
Treatment Plant Connection
Capacity Charges
Flow BOD TSS
Current 563000 gal/d 1750 lb/day 1460 lb/day
2027 886000 gal/d 2200 lb/day 2300 lb/day
Amount of Increase 323000 gal/d 450 lb/day 840 lb/day
Rate $ 2.90 $ 358.70 $ 225.50
Fee $ 936,700.00 $ 161,415.00 $189,420.00
Trunk Line Capacity Charge
Current 850000 gal/d
2027 1329000 gal/d
Amount of Increase 479000 gal/d
Rate $ 1.26
Fee $ 603,540.00
Total Due $ 1,891,075.00
Exhibit "C"
Application of Treatment Plant Capacity Connection Charges and Trunk Line Capacity Charge to 2027 Capacity Increase, If Paid Prior to July 30, 2026
492
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0856 Agenda Date: 6/15/2026 Agenda #: 16.

Agenda Item Wording:

Approve a contract for supply of cold mix asphalt material- Approve a contract with Porterville Asphalt and Martin Marietta Materials for the supply of cold mix asphalt. The contract with the low bidder, Porterville Asphalt, shall not exceed $623,000 annually, totaling $3,115,000 over the term of the contract. The contract with the second lowest bidder, Martin Marietta Materials, shall not exceed $200,000 annually, totaling $1,000,000 over the term of the contract. Both contracts include an option to renew annually for up to (4) additional one-year terms.

Agenda Date: 06/15/2026
Prepared by:

Danny Galindo, Public Works Manager, [email protected] , 713-4186 Nick Bartsch, Public Works Director, [email protected] ,713-4052 Department Recommendation: Staff recommends that the City Council approve a contract with Porterville Asphalt and Martin Marietta Materials for the supply of cold mix asphalt. The contract with the low bidder, Porterville Asphalt, shall not exceed $623,000 annually, totaling $3,115,000 over the term of the contract. The contract with the second lowest bidder, Martin Marietta Materials, shall not exceed $200,000 annually, totaling $1,000,000 over the term of the contract. Both contracts include an option to renew annually for up to (4) additional one-year terms.

Summary:

Approval of the proposed contracts will allow the City to procure cold mix asphalt material on an asneeded basis for ongoing street maintenance operations, including pothole repair, overlays, and pavement rehabilitation projects. Staff recommends awarding contracts to both Porterville Asphalt and Martin Marietta Materials to ensure material availability and operational continuity. The City will utilize the lowest responsive bidder as the primary supplier and may procure material from the secondary supplier when material availability, plant outages, scheduling, or operational needs require.

Background Discussion:

Within the City’s 40-square mile jurisdiction, the Street Maintenance division maintains approximately 534 miles of streets. Maintaining the streets is done with several different procedures, including, but not limited to, thin skin patches, minor overlays, dig outs, and pothole patching. These procedures all utilize either hot or cold mix asphalt material.

The City of Visalia Purchasing Division solicited bid proposals through Request for Bid (RFB) 24-25- 56 for an annual contract for the supply of cold mix asphalt material on an as needed basis.

Purchasing advertised the RFB on April 8th, 10th & 15th,2026 in the Visalia Times Delta, on Bid Net, and sent letters to companies the City has worked with in the past. Bids were publicly opened on May 14, 2026, and received the following 2 bids:

Visalia City Council Page 1 of 3 Printed on 6/12/2026
powered by Legistar™493
File #: 25-0856 Agenda Date: 6/15/2026 Agenda #: 16.

1. Porterville Asphalt - $89 per ton

2. Martin Marietta Materials - $110 per ton
However, as stated in the RFB the city would be using a True Delivered Cost (TDC) calculation.

Bidders provided a unit price per ton for the supply of cold mix asphalt for use by the Streets Division.

The City calculated a True Delivered Cost (TDC) per ton for award using a standardized hauling cost factor and the one-way distance from the asphalt plant to the City’s designated delivery point. For bidding purposes, the delivery address was the City of Visalia’s Corporation Yard, 336 N. Ben Maddox Way, Visalia, CA.

To ensure the overall best value to the City, the award was to be based on the lowest True Delivered Cost per ton, provided the bidders meets all technical, operational, and regulatory requirements of the RFB.

The calculated True Delivered Costs are as follows:

1. Porterville Asphalt - $97.10 per ton

2. Martin Marietta Materials - $112.18 per ton
Staff recommends awarding contracts to both responsive bidders to maintain flexibility and ensure uninterrupted access to cold mix asphalt material. The City intends to utilize the lowest responsive bidder whenever possible, however, having a secondary supplier available allows staff to respond to material shortages, plant shutdowns, emergency repairs, and scheduling constraints that may arise during street maintenance operations.

Staff evaluated the bids received and determined that both firms meet the requirements of the RFB.

Porterville Asphalt also held the City’s previous contracts for the supply of Cold Mix Asphalt and has satisfactorily provided services during the prior contract terms.

Approval of these contracts will provide continuity of service and maintain established coordination with City staff and street operations.

Historical expenditures for the supply of cold mix asphalt are as follows:

FY23-24 = $155,202
FY24-25 = $313,115
FY25-26 = $444,332
Fiscal Impact including annual maintenance and operating costs:

Funding for the material purchases under these contracts are available in the various Street Maintenance Capital Improvement Projects budgeted in the Gas Tax Fund as follows:
· CP9515 Annual Pothole Patching
· CP9520 Annual Thin Skin Patching
Visalia City Council Page 2 of 3 Printed on 6/12/2026
powered by Legistar™494
File #: 25-0856 Agenda Date: 6/15/2026 Agenda #: 16.

Prior Council Action: On September 16, 2024 City Council authorized a contract with Jaxon Enterprises (dba Deer Creek Asphalt) by piggybacking on County of Tulare contracts.

Alternatives: None recommended.

Recommended Motion (and Alternative Motions if expected):

I move to approve a contract with Porterville Asphalt and Martin Marietta Materials for the supply of cold mix asphalt. The contract with the low bidder, Porterville Asphalt, shall not exceed $623,000 annually, totaling $3,115,000 over the term of the contract. The contract with the second lowest bidder, Martin Marietta Materials, shall not exceed $200,000 annually, totaling $1,000,000 over the term of the contract. Both contracts include an option to renew annually for up to (4) additional oneyear terms.

Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 06/15/2026
Attachments:

RFB
Porterville Asphalt Bid
Martin Marietta Bid
Bid Summary
Porterville Asphalt Contract
Martin Marietta Contract
Porterville Asphalt Levine Act
Martin Marietta Levine Act
Strategic Goal: Indicates which City Strategic Goal(s) this item supports. Check all that apply. ☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 6/12/2026
powered by Legistar™495
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 1 ends

CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 24-25-56

ANNUAL CONTRACT

SUPPLY COLD MIX ASPHALT MATERIALS
BIDS DUE NO LATER THAN 2:00 P.M. PT ON THURSDAY, MAY 14, 2026 The City of Visalia expressly reserves the right to modify, or withdraw from, the process initiated and described herein. No rights shall be vested in any party, individual or entity by virtue of its preparation to participate in, or its participation in, such process. The City expressly reserves the right to modify, for any reason, the schedule and any provision contained herein. The City reserves to itself the selection of winning respondent(s), if any, in the exercise of its sole discretion. No binding commitment shall arise on the part of the City to any respondent under this Request for Bid until and unless the parties sign documents of agreement that become effective in accordance with their terms. Responses to this RFB, however, shall be held firm by Respondent for at least ninety (90) days.

Advertisement Dates: April 10, 2026
April 15, 2026

496
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 2 ends

TABLE OF CONTENTS
I. DEFINITIONS ................................................................................................. 3 II. INTRODUCTION .............................................................................................. 3 III. INSTRUCTIONS .............................................................................................. 4 IV. SCOPE OF SERVICES/PRODUCT SPECIFICATIONS ........................................ 5 V. PRE-BID MEETING ......................................................................................... 5 VI. BID OPENING AND CONFIDENTIALITY ........................................................... 6 VII. AWARD ........................................................................................................... 6 VIII. PROTESTS/APPEALS ..................................................................................... 7 IX. SPECIAL CONDITIONS .................................................................................... 7 X. GENERAL CONDITIONS .................................................................................. 8 XI. POST AWARD RESPONSIBILITIES ................................................................. 11

EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND

QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Non-Collusion Affidavit
B-2. Worker’s Compensation Insurance Certificate
B-3. Ownership Disclosure and California Levine Act Statement B-4. Drug Free Workplace Certificate
B-5. American with Disabilities Compliance Certificate
B-6. Iran Contracting Act Certification

C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
D. Specifications (Attached Separately)
D-1. CA Dept of Transportation Specifications, Section #39 D-2. CA Dept of Transportation Specifications, Section #92 497
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 3 ends

I. DEFINITIONS
For the purposes of RFB NO. 24-25-56, the following terms shall have the meanings indicated:

1. “City” means the City of Visalia

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

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

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

5. “RFB” means Request for Bid No. 24-25-56.

II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for the supply of cold mix asphalt materials on an as needed basis.

The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed. Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.

It is the City’s intent to enter into an agreement with more than one Vendor. The most responsive, responsible bidder with the lowest True Delivered Cost per ton will be awarded the prime contract.

There may be instances when the Prime Vendor cannot provide product when needed. It is for this reason the City may enter into an agreement with the responsive, responsible bidder with the second lowest Tue Delivered Cost per ton. Should this be the case, the City will always request product from the Prime Vendor first.

The initial contract(s) shall be for a twelve (12) month period and shall, at the City’s option and upon mutually agreeable terms, be renewable annually thereafter for four (4) consecutive one-year periods.

This Request for Bids is being issued by the City of Visalia Purchasing Division. Unless otherwise directed, all communications regarding this RFB should be directed to the Purchasing Division at (559) 713-4334. To prevent misinterpretations, the Purchasing Division prefers that all questions be sent by e-mail to [email protected].

Any revisions to the Invitation to Bid will be issued and distributed as addenda. Bidders are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this Invitation to Bid. Failure to adhere to this policy may be grounds for rejection of Bids.

In an effort to encourage local businesses to provide goods and services to the City, Council has enacted a local preference. The local preference will apply to any business that has a business address within Tulare County for a minimum of six months. A Post Office Box will not be accepted as a business address. The City reserves the right to request proof of Tulare County address.

The local preference for bids consists of a match preference in which a local vendor whose bid is within 5% of the apparent low bidder will be given three (3) business days, from date notified, to match or beat the low bid. If there is more than one local vendor that is within the 5% range, the offer goes to the local vendor that is closest to the low bid.

The City of Visalia reserves the right to reject any or all bids. 498
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 4 ends

III. INSTRUCTIONS

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

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

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

To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Supply Cold Mix Asphalt Materials
RFB NO. 24-25-56
Deadline: Thursday, May 14, 2026 at 2:00pm
Delivery of Bid: When sending a bid via Fed Ex, UPS, etc., it is the responsibility of the Bidder to ensure that Bid is received during open office hours. Office Hours are 7:30am – 5:00pm Monday through Thursday. We are closed on Fridays and major holidays. Bids are not delivered or received when office is closed.

The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S. Mail is not recommended as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.

Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W. Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are Closed. The Night Drop Box is checked prior to the bid

4. Submit each of the required Certifications, Affidavits, Statements and Questionnaires as well as optional waiver(s) to City with the sealed Bid. City will not consider Bids which are not accompanied by the required completed forms.

5. Inquiries: Instructions to Vendor, Specifications and Bid Forms may be inspected and obtained by visiting our web site at visalia.gov/purchasing or by calling (559) 713- 4334. However, to prevent misinterpretations, the Purchasing Division would prefer that all questions be sent by email to [email protected].

Questions regarding this RFB are due no later than Friday, May 1, 2026 at 4:00pm 499
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 5 ends

IV. SCOPE OF SERVICES & PRODUCT SPECIFICATIONS
CONTRACTOR’S RESPONSIBILITES:

1. Maintain adequate office and personnel resources for responding to City needs, including, but not limited to, telephone coverage Monday – Friday during the hours of 8:00 am through 5:00 pm.

2. Maintain an adequate stock of materials. The City reserves the right to use more than one awarded vendor to supply asphalt materials. Materials will be purchased from the vendor awarded the bid whenever that bidder is able to supply the material. When the vendor awarded the bid cannot supply the material or quantities needed, the City has the right to purchase from other vendors.

SPECIFICATIONS:

1. Plant Run Cold Mix – ⅜” mix as per CalTrans Specs. Section #39 or as requested by a City of Visalia representative. SC-800 or SC-3000 grade oil as per CalTrans Spec. #92 in conformance with the latest editions and amendments of the Standard Specifications of the State of Californa, Department of Transportation, Division of CalTrans for such Plant Run Cold Mix or as requested by a City of Visalia representative. See Exhibits D-1 and D-2.

SPECIAL PROVISIONS:

1. For the purposes of this bid, a ton is determined to be 2,000 lbs.

2. All material will be picked up at the plant by:
a. City Personnel or
b. an independent trucking firm employed by the City.

3. Orders for materials will be placed no later than 5:00 pm the day before material is needed.

4. Materials will normally be picked up between 6:00 am and 3:00 pm. Occasionally materials will need to be picked up as early as 4:00 am; on those days the vendor will be notified at least 72 hours in advance.

5. All asphalt material shall conform to City of Visalia Specification and California Department of Transportation Specifications.

6. Suppliers must have an asphalt batch plant within 60 miles of the Visalia City limits. Bids will not be accepted from suppliers out of this area.

7. Minimum purchase amount to be one (1) ton at contract price.

8. The City of Visalia may make periodic tests from production. Material not complying with the above specifications will not be accepted and will be returned at the vendor’s expense.

9. Quantities listed are only estimates and are given as a basis for comparison of bids. The estimated quantities are not to be construed as a guarantee of the actual quantities to be purchased under this contract. Therefore, the City of Visalia reserves the right to purchase greater or lesser quantities than estimated.

ESTIMATED QUANTITIES:

Material
(per specification of RFB 24-25-56)
Estimated
Annual Tons
3/8” Cold Mix 7,000
V. PRE-BID AND CONTRACT MEETINGS

1. A Non - Mandatory Pre-Bid Meeting. A non-mandatory pre-Bid meeting will be held on Tuesday, April 28, 2026 at 10:00 a.m. at City Hall West, 707 W. Acequia Ave. Attendance at this meeting is not required to submit a Bid in response to this RFB but is encouraged.

Information regarding the project will be provided at that time. It shall be the 500
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 6 ends

responsibility of the Contractor to have acquired full knowledge of the job site, scope of work and any problems or difficulties that may affect the work proposed.

2. Post Award Meeting. Subsequent to the award of contract, the Contractor shall meet with the Project Manager prior to the start of work to discuss any problems or questions that may arise. Contractor shall contact the Project Manager within ten (10) days of the date of the Notice to Proceed to arrange this meeting.

City Project Manager: Danny Galindo
Department: Public Works
VI. BID OPENING AND CONFIDENTIALITY

1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, May 14, 2026 at 2:00 p.m. at 707 W Acequia, Visalia CA, City Hall. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.

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

After the award, the City intends that its selection process will be open and public.

Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.

VII. AWARD

1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by appropriate written notice. Award shall be made to the most responsive, responsible Bidder whose Proposal meets the requirements and criteria set forth in this RFB, price and other factors considered, and whose Bid is determined to result in the optimum economic advantage to the City. A responsible Bidder is one who has the capability, financial capacity and integrity to perform the contract. A responsive Bidder is one who commits to all of the material terms, for example, price, quantity, quality and delivery, of this RFB. Contractor must return a signed copy of the contract provided by the City with its Award Notice to City within ten (10) working days of receipt thereof.

2. Reservation of Rights. The City reserves the right to reject any item or items in the Bid; to waive informalities, technical defects, and minor irregularities in Bids received; and to select the Bid(s) deemed most advantageous to the City. 501
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 7 ends

VIII. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:

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

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

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

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

IX. SPECIAL CONDITIONS

1. Product Issues

a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment and services necessary to fulfill the requirements of this RFB.
b. Product Inspections. The City will have ten (10) working days to inspect equipment for workmanship, appearance, proper functioning of all equipment, and conformance to all other requirements of this specification. If deficiencies are detected, the equipment will be rejected and the vendor will be required to make necessary repairs, adjustments, or replacements. Payment and/or commencement of a discount period, if applicable, will not be made until the defects are corrected and the equipment re-inspected and accepted.

2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager. The Project Manager shall decide issues of quality and acceptability of materials, products, equipment, and all questions related to fulfillment of the contract for the project. Project Manager shall not have control over acts or omissions of the Contractor, their agents or employees. b. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts and equipment supplied by the Contractor shall be new and/or of a quality equal to that specified.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such 502
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 8 ends

products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer.

3. Legal Responsibilities
It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations which apply to this project. This includes, but is not limited to, compliance with Uniform Building, Plumbing, Mechanical, Electric, and Fire Codes.

Contractor shall provide a safe working environment in compliance with the Occupational Safety and Health Act, and California Health and Safety Codes.

Additionally, Contractor shall secure all necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws, and ensure against discrimination.

X. GENERAL CONDITIONS

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

The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender or religion in any consideration leading to the award of contract.

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

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

2. Post-Closing Date Corrections are prohibited.

3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.

4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.

5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.

6. Telegraphic, telephonic, electronic and facsimile Bids and withdrawal requests will not be accepted.
503
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 9 ends

7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.

8. All Bids are the property of the City after submission.

9. City is not responsible for Bid errors and omissions.

10. Bids should be prepared in a straightforward, concise manner. Information provided which was not specifically requested will be considered only in City’s discretion.

11. A written amendment or addenda issued by City’s Purchasing Division is the only method which should be relied on with respect to changes to the RFB. Respondent is responsible to contact City’s Purchasing Division prior to submitting a Bid to determine if any amendments were made to the RFB.

12. Any contract resulting from the RFB will be jointly administered by the City’s Purchasing Division, and the Department requesting Bids.

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

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

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

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

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

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

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

20. Each Bidder, will be required to submit Certifications, Affidavits, Assurances, Statements and Questionnaires which are attached in Exhibit “B”.

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

22. Bidders shall satisfy themselves by personal examination of the work site, specifications, and other contract documents and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under 504
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 10 ends

which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of lack of such examination or knowledge.

23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”).

Contractor may be required to submit Proposals on alternate items. The City reserves the right to award to the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.

24. Bid Form may specify a line item for sales tax. When the Bid Form does not contain a line item for sales tax, no mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable. *Bidder shall not include sales tax in bid price for RFB 24-25-56. Awarded vendor shall include applicable sales tax on future invoices.

Sales tax in Visalia is 8.5%.

25. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.

26. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the City’s Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions or scope of the contract.

27. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall be begin no later than 15 days from the receipt of annual contract.

28. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by vendor may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the project manager in writing a minimum of thirty (30) but no sooner than ninety (90) calendar days prior to the annual anniversary date of the agreement.

Requests filed after this time period will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary month of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
505
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 11 ends

29. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.

If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement the City may terminate the contract, in whole or in part by written notice. Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.

Any assignment, subletting or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City shall be cause for the City to immediately terminate the agreement for default.

Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.

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

XI. POST AWARD RESPONSIBILITIES

1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to City within ten (10) working days of the date of award notification unless otherwise agreed.

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

Upon determination by the City that a contract has been entered and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
506
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 12 ends

Bidding Agency:_________________
EXHIBIT “A”

BID FORM
RFB NO. 24-25-56
Project: ANNUAL CONTRAC TO SUPPLY COLD MIX ASPHALT MATERIALS TO: THE CITY OF VISALIA PURCHASING DIVISION:

In compliance with the City’s Notice Inviting Sealed Bids No. 24-25-56 dated: __________, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor appurtenances and incidentals required for the above stated project as set forth in the RFB, including all Exhibits and related contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the Instructions to BIDDERs, and the contract requirements. If this bid is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.

BIDDER understands that a bid is required for the product and that compensation under the contract will be based upon the product condition received as stated in the bid specifications. It is agreed that all prices bid include all appurtenant expenses, royalties, and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.

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

BIDDER understands that the City’s intent is to enter into an agreement with more than one Vendor. The most responsive, responsible bidder with the lowest True Delivered Cost per ton will be awarded the prime contract. There may be instances when the Prime Vendor cannot provide product when needed. It is for this reason the City may enter into an agreement with the responsive, responsible bidder with the second lowest True Delivered Cost per ton. Should this be the case, the City will always request product from the Prime Vendor first.

BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.

BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.

In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts.

Basis of Award
Bidders shall provide a unit price per ton for the supply of cold mix asphalt for use by the Streets Division.

The City will calculate a True Delivered Cost (TDC) per ton for award using a standardized hauling cost factor and the one-way distance from the asphalt plant to the City’s designated delivery point.

For bidding purposes, delivery address shall be the City of Visalia’s Corporation Yard, 336 N. Ben Maddox Way, Visalia, CA.

Award will be based on the lowest True Delivered Cost per ton, provided the bidder meets all technical, operational, and regulatory requirements of the RFB. 507
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 13 ends

Section A – Bidder Information
Item Description Bidder Entry
1 Asphalt Plant Name ______________________________
2 Plant Address ______________________________
3 Contact Person / Phone ______________________________ Section B – Bidder Pricing
Bidder hereby proposes to supply the City of Visalia, for the price listed (Price shall include all costs associated with producing and loading asphalt meeting applicable State of California and local specifications.) the following product:

Item Description Bidder Entry
T 3/8” Cold Mix Asphalt $__________ / ton *Does not include sales tax.

Award Tabulation (For Reference Only)
The City will use the following formula:

TDC = T + (0.22 × D)
Where:

T = Bidder’s unit price ($ per ton)
D = One-way distance from the asphalt plant to the City’s designated delivery location (miles), as determined by the City
The factor 0.22 reflects the City’s estimated hauling cost assumptions:
 Hauling rate = $126/hour
 Average truck payload = 25 tons/load
 Average travel speed = 45 mph
 Derivation of Hauling Cost Factor
o Hourly hauling rate: $126/hour
o Cost per mile: $126 ÷ 45 mph = $2.80 per mile
o Cost per ton per mile: $2.80 ÷ 25 tons = $0.112 per ton per mile o Round-trip adjustment (2 × $0.112): = $0.224 per ton per one-way mile o Rounded for bid purposes to: 0.22
Bidder determines:
 Bidder’s unit price (T) = $85.00 per ton (example)
City determines:
 Distance (D) = 25 miles (example)
City Calculation: TDC = T + (0.22 × D)
TDC = 85.00 + (0.22 × 25)
TDC = 85.00 + 5.50
TDC = $90.50 per ton
The City will apply this calculated value to all bids to determine the lowest True Delivered Cost per ton.
508
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 14 ends

(1)__________________________________________________________________________________________ Bidding Firm
(2)__________________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)__________________________________________________________________________________________ Business Address City State Zip Code
___________________________________________________________________________________________ Telephone Number E-mail Address
(4)_________________________________________________________________________________________ Signature of Authorized Person (Date)
_________________________________________________________________________________________ Type or Print Authorized Person’s Name

PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation. (2) If BIDDER is other than an individual, identify here its character, i.e., joint venture, partnership, corporation, including the state of incorporation. If BIDDER is an individual operating under a trade name, state “an individual dba (trade name in full)”. (3) State on this line, the address to which all communications and notices regarding the Bid Proposal, and any contract awarded thereunder, are to be addressed. (4) If BIDDER is a joint venture, signature must be by one of the joint venturers, and if one or both of the joint venturers is a partnership or a corporation, each participating partnership must sign by a general partner, and each corporation by an authorized officer or employee; if a partnership, by a general partner; if a corporation, by an authorized officer or employee. The title of the person signing must appear after his/her signature. Where BIDDER is a partnership or corporation, the names of all other general partners, or the president or secretary of the corporation and their business addresses must be shown below.

Note: All names must be typewritten under written signature. All Addresses must be complete with street number, city, state and zip code.

CITY OF VISALIA BUSINESS TAX CERTIFICATE NO.: _________________________________ (A City Business Tax Certificate (License) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713- 4326.

Federal Tax I.D. No.: ____________________________________________________ 509
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 15 ends

REFERENCES
Please list (3) companies as references of approximately the same size and characteristics of the product and/or equipment and/or materials as described in this bid.

Company Name Tel. No. Contact Product(s)

1._____________________________________________________________________________________________

2._____________________________________________________________________________________________

3._____________________________________________________________________________________________ 510
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 16 ends

Submit with Bid
EXHIBIT “B-1”

NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106) In accordance with Title 23 United States Code section 112 and Public Contract Code 7106 the bidder declares that bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
__________________________________________ ________________________ Signature Date
Note: The above Non-collusion Affidavit is part of the Bid/Proposal.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
511
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 17 ends

Submit with Bid
EXHIBIT “B-2”
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
(CALIF. LABOR CODE § 3700)

STATE OF CALIFORNIA )
) ss

CITY OF VISALIA )
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work under this contract.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
512
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 18 ends

Submit with Bid
EXHIBIT “B-3”
Ownership Disclosure and California Levine Act Statement The following disclosure and statement apply to the Bidder/Proposer/Contractor/Consultant/ Vendor/Supplier or Company:

1. submitting a bid or proposal in response to a solicitation by City of Visalia; or

2. as Awardee of a contract/purchase order which is subject to approval by the Visalia City Council.

OWNERSHIP DISCLOSURE
____________________________________________________________________________________ Name of Bidder/Proposer/Contractor/Consultant/Vendor/Supplier or Company ____________________________________________________________________________________ Address
List the names of all principals, partners, and/or trustees. For corporations, provide names of officers, directors and all stockholders owning more than 10% equity interest in corporation:
__________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________

CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, also know as the “Levine Act,” can prohibit members of the Visalia City Council from participating in any action related to a contract if he or she receives any political contributions totaling more than $500 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 $500 to a Visalia City Council Member in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any City Council action related to this contract? YES:_____ NO:_____. If yes, please identify the City Council Member(s) and date(s) of contribution in the space below:

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

NOTICE: The disclosure duty under state law continues for twelve (12) months after the award. If the above information regarding contributions changes during this time after the award, then the awardee is required to update this disclosure form.
____________________________________________________________________________________ Print or Type Name of Bidder/Proposer/Contractor/Consultant/Supplier/Vendor/Company

Signature of Company Authorized Individual Print or Type Name of Authorized Individual Date 513
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 19 ends

Submit with Bid
EXHIBIT “B-4”

STATE OF CALIFORNIA

DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)

CERTIFICATION
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor or grant recipient to the certification described below. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.

CONTRACTOR/BIDDER FIRM NAME FEDERAL ID NUMBER
BY(Authorized Signature) DATE EXECUTED
PRINTED NAME AND TITLE OF PERSON SIGNING TELEPHONE NUMBER (Include Area Code) ( )
TITLE
CONTRACTOR/BIDDER FIRM’S MAILING ADDRESS
The contractor or grant recipient named above hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The above named contractor or grant recipient will:

1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).

2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) The person’s or organization’s policy of maintaining a drug-free workplace, (c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.

3. Provide as required by Government Code Section 8355©, that every employee who works on the proposed contract or grant:
(a) Will receive a copy of the company’s drug-free workplace policy statement, and (b) Will agree to abide by the terms of the company’s statement as a condition of employment on the contract or grant.

4. At the election of the contractor or grantee, from and after the “Date Executed” and until ____________ (NOT TO EXCEED 36 MONTHS), the state will regard this certificate as valid for all contracts or grants entered into between the contractor or grantee and this state agency without requiring the contractor or grantee to provide a new and individual certificate for each contract or grant. If the contractor or grantee elects to fill in the blank date, than the terms and conditions of this certificate shall have the same force, meaning effect and enforceability as if a certificate were separately, specifically, and individually provided for each contract or grant between the contractor or grantee and this state agency.
514
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 20 ends

Submit with Bid
EXHIBIT “B-5”

AMERICANS WITH DISABILITIES ACT COMPLIANCE CERTIFICATE
By submission of a bid, the BIDDER certifies it will comply with the Americans with Disabilities Act, 42 U.S.C., 12101 et. seq., and will maintain compliance throughout the life of this Contract. By commencing performance of the Contract work, the selected BIDDER certifies to the Americans with Disabilities Act compliance.

Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
(if any)
515
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 21 ends

Submit with Bid
EXHIBIT “B-6”

IRAN CONTRACTING ACT CERTIFICATION
(PUBLIC CONTRACT CODE SECTION 2200 ET SEQ.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
⃝ The Contractor is not:
(1) Identified on the current list of persons and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) A financial institution that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
⃝ The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract. ⃝ The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,00 over the life of the contract (up to 5 years).

Signature:

Printed Name:

Title:

Agency Name:

Date:

Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or eligibility to bid on contracts for three years.
516
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 22 ends

EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)

ANNUAL CONTRACT TO SUPPLY COLD MIX ASPHALT MATERIALS
(City of Visalia Bid No. 24-25-56)
This Agreement, entered into and effective this ________ day of ________________, 2026 [“Effective Date”], by and between the City of Visalia, hereinafter referred to as the “CITY”, and ____________________________ hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.

R E C I T A L S
WHEREAS, CONTRACTOR is an (insert individual or entity type) with a primary business address of ____________________ and SSN or EIN: ____________________; and WHEREAS, CITY is a municipal corporation and Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to the Bid and determined to award a contract to CONTRACTOR for the Annual Project to Supply Cold Mix Asphalt Materials; and WHEREAS, CONTRACTOR represents it is licensed, qualified and willing to complete the Project pursuant to terms and conditions of this Agreement.

NOW, THEREFORE, CITY and CONTRACTOR agree as follows:

1. TERM:

The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR , be extended annually thereafter for four (4) consecutive one-year periods.

Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.

2. ATTACHMENTS INCORPORATED:

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

ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 City of Visalia Bid 24-25-56, Annual Contract to Supply Cold Mix Asphalt Materials
Attachment 3 CONTRACTOR’s bid in response to Bid No. 24-25-56

3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS*:

CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):

All work described in Scope of Services in Bid No. 24-25-56.

4. CITY COMMITMENTS:

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

TASK COMPLETION DATE
Pay Contractor for actual product received and invoiced. As requested by Contractor 517
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 23 ends

5. COMPENSATION:

CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the following amount as total compensation under this Agreement, unless otherwise agreed in writing. Such sum shall be expended and paid by CITY on a reimbursement basis for services actually performed based on invoices, receipts, time sheets and similar documents presented by CONTRACTOR to CITY.

6. CONTRACT PRICE ADJUSTMENTS:

All prices shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. Prices may be adjusted annually at time of contract renewal and upon mutual agreement of the parties to the contract to allow for price increases or decreases for labor and benefit rates, supplies and materials.

It will be the responsibility of the contractor to request a price adjustment and to provide all documentation necessary. The request for price adjustment must be submitted to the Project Manager in writing a minimum of thirty (30) days but no sooner than ninety (90) days prior to the annual anniversary date of the agreement. Requests filed after this time will not be considered.

The unit prices for the ensuing contracts shall be based on the movement of the unadjusted figures of the U.S. Bureau of Labor Statistics, Consumer Price Index (CPI) for all Urban Consumers (CPI-U, U.S. City Average, All Items). The contract unit prices may be changed in an amount equal to the percentage of movement for the most recent twelve-month period closest to the anniversary date of contract. In no instance shall the price increase exceed 5%. The contracts unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.

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

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

CITY OF VISALIA
Dated: ____________________ By:______________________________________________________ City Manager

Dated: ____________________ By:______________________________________________________ City Attorney

Dated: ____________________ By:______________________________________________________ City of Visalia Risk Manager
Dated: ____________________ By:______________________________________________________ City of Visalia Project Manager
Total Compensation: Not to exceed $ annually and not to exceed Contractor’s stated bid prices.

Source of Funds: Local Revenues
Payment Schedule: Within 30 days of receipt of Contractor’s itemized invoice. 518
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 24 ends

Exhibit “C”
Attachment 1

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

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

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

CITY OF VISALIA CONTRACTOR
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: 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. 519
RFB NO. 24-25-56
Supply Cold Mix Asphalt Materials

Page 25 ends

2. WARRANTIES: Warranties required by the Invitation to Bid or this Agreement shall commence on the date of acceptance of the product by CITY.

CONTRACTOR warrants that the materials, products and/or equipment furnished under the Agreement will be new and of recent manufacturer unless otherwise specified and in conformance with the Agreement. Materials, products, and/or equipment 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 products by an application for payment will pass to the CITY by the receipt of payment by the CONTRACTOR, whichever occurs first, free and clear of all liens.

CONTRACTOR warrants that it has good title to all materials, products, and/or equipment free from all liens.

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

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

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

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.
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
551
552
553
Annual Contract to Supply Cold Mix Asphalt Materials
RFB NO. 24-25-56

Page 1 ends

Visalia City CouncilJune 15, 2026

Visalia City Council
June 15, 2026