Submit with Proposal
EXHIBIT “B-1”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114, or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin, or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisements for employees placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin, or political affiliation.
3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company Name:_________________________________________
Business
Address:___________________________________________________________________________________________ Signature:
_________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal:
1019
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Submit with Proposal
EXHIBIT “B-2”
CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)
1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.
The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; (b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:
NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).
4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company:____________________________________________________________________________ Business
Address:____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________
Name of Signing Official (Print or Type):________________________________ Title of Signing Official:__________________________________________Company Seal:
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EXHIBIT “B-3”
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. 1021
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Submit with Proposal
EXHIBIT “B-4”
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:
1022
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EXHIBIT “B-5”
CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) By submission of a Bid, the BIDDER certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to Anti-Kickback Compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
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EXHIBIT “B-6”
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:
1024
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Submit with Proposal
EXHIBIT “B-7”
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 1025
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EXHIBIT “B-8”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
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, then 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. 1026
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Submit with Bid
EXHIBIT “B-9”
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 Consultants 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:__________________________________AgencyName:_________________________ 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. 1027
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)
ANNUAL CONTRACT FOR SPORTS PARK MOWING AND AERATION SERVICES (City of Visalia Bid No. 25-26-48)
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 a Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to RFB No. 25-26-48, Annual Contract for Sports Park Mowing and Aeration Services, hereinafter referred to as the “Project”, and determined to award the contract to CONTRACTOR for the service; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-48, Annual Contract for Sports Park Mowing and Aeration Services
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-48
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 25-26-48
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor 1028
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5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the amount listed below 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 the 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 the contract. In no instance shall the price increase exceed 5%. The contract 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 at Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days from the date of the invoice for completed work 1029
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate, or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR: ________________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attn: ________________________
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, represent the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.
The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into 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. 1031
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Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY, and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required, providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California, providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Comprehensive Automobile Liability Coverage for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post-agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post-agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post-agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for postagreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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ANNUAL CONTRACT FOR SPORTS PARK MOWING AND AERATION SERVICES (City of Visalia Bid No. 25-26-48)
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 Perfect Care Landscape and Maintenance hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is a landscape contractor with a primary business address of 482 Ranch Acres Road, Tulare, CA 93274 and SSN or EIN: 27-1375701; and
WHEREAS, CITY is a municipal corporation and a Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to RFB No. 25-26-48, Annual Contract for Sports Park Mowing and Aeration Services, hereinafter referred to as the “Project”, and determined to award the contract to CONTRACTOR for the service; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-48, Annual Contract for Sports Park Mowing and Aeration Services
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-48
3. CONTRACTOR SCOPE OF SERVICES and COMMITMENTS:
CONTRACTOR shall provide the following services for the stated compensation on or before the stated completion dates (“Scope of Services”):
All work described in Scope of Services in Bid No. 25-26-48
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
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TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the amount listed below 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 the 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 the contract. In no instance shall the price increase exceed 5%. The contract 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 $450,000 annually at Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days from the date of the invoice for completed work 1035
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: Perfect Care Landscape & Maintenance 707 W. Acequia Ave. 482 Ranche Acres Road
Visalia, CA 93291 Tulare, CA 93274
Attention: City Clerk Attn: Joey Cardoza
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, represent the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees. The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder. 1036
K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into 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. 1037
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY, and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required, providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California, providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Comprehensive Automobile Liability Coverage for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post-agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post-agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post-agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post-agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
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a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W.
Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages.
This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Item 1: Mowing Services Visalia Landscape & Tree Company Perfect Care Landscape Pride Industries Parks/Locations Serviced Weekly $ 67,873.52 $ 57,538.67 $ 130,482.00 Riverway Sports Park Mowing Serviced Weekly $ 89,766.90 $ 63,798.18 $ 191,936.70 Riverway Sports Park Mowing – Enhanced Service $ 89,856.72 $ 102,077.08 $ 345,486.96 Total $ 247,497.14 $ 223,413.92 $ 667,905.66
Whitendale Park (4 acres)
Jefferson Park Softball Fields (2 acres)
Fairview Park (13 acres)
Plaza Park Softball Fields No. 1–4 (8 acres)
3 services annually (May, July, September)
Aerate, mulch cores, no sand $ 12,627.09 $ 12,150.00 $ 20,188.44 Riverway Sports Park – Common Areas (23 acres)
1 service annually (May)
Aerate, mulch cores, no sand $ 3,656.31 $ 3,450.00 $ 5,734.36 Riverway Sports Park – Soccer Fields (19 acres)
1 service annually (May)
Aerate, core removal, and apply sand $ 24,681.00 $ 165,699.00 $ 354,692.00 Riverway Sports Park – Soccer Fields (19 acres)
2 services annually (July & September)
Aerate, core process or removal, no sand $ 11,412.54 $ 11,400.00 $ 9,468.08 Riverway Sports Park – Baseball & Softball Outfields (9 acres) 3 services annually (May, July, September)
Aerate, core process or removal, no sand $ 8,108.91 $ 8,100.00 $ 8,527.68 Total $ 60,485.85 $ 200,799.00 $ 398,610.56
Riverway Sports Park – Soccer Fields (19 acres)
2 services annually (May & October)
Scalp to 1.5 inches; vacuum all clippings $ 12,160.00 $ 25,000.00 13299.02
TOTAL BID AMOUNT
(Total Annual Cost) $ 320,142.99 $ 449,212.92 $ 1,079,815.24 Turf – maintained as specified in RFB (weekly) per sq ft 0.045 .000867 .112 Turf – maintained as specified in RFB (Bi-weekly) per sq ft 0.03999 .001734 .224 Aeration, core process or removal, No Sand per acre 175.77 300.00 250.00 Aeration, core removal, with Sand Application per acre 189.88 8721.00 18668.00 Aeration, Mulch Cores, No Sand per acre 179.99 150.00 175.00 Scalping, vacuum clippings, or removal per acre 299.52 657.89 350.00 Contractor’s Hourly Labor Rate for Additional Services per hour 65.55 79.50 87.50 WITHDRAWN BID _ It appears that
Visalia Landscape may have forgotten
to add in the cost of sand and the
delivery of the sand. An email has been
sent to confirm. Received a written
request from Matthew Stoll to withdraw
the bid for Visalia Landscape and Tree
Company 7/2/26 Apparent Low Bidder
Item 2: Aeration Services
Item 3: Scalping Services
UNIT PRICES FOR MOWING AND AERATION
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0100 Agenda Date: 8/17/2026 Agenda #: 12.
Agenda Item Wording:
Award of annual contract for passive park mowing and aeration services - Authorize the City Manager to award the annual contract for passive park mowing and aeration services to Clean Cut Landscape Management in an annual amount not to exceed $201,000.
Agenda Date: 08/17/2026
Prepared by: Daryl Tillman, Parks Maintenance Supervisor, 559-713-4435; [email protected]; 559-713-4435; Ivan Nicar, Parks and Facilities Manager, 559-713-4564; [email protected]; Jason Glick, Parks and Recreation Director, 559-713-4042; [email protected].
Department Recommendation: Staff recommends that the City Council authorize the City Manager to award RFB No. 25-26-49 for the annual contract for passive park mowing and aeration services to Clean Cut Landscape Management Inc. of Clovis, California, in an annual amount not to exceed $201,000.00.
Summary:
The proposed contract will provide routine mowing, aeration, and related turf maintenance services for City-owned passive parks to maintain safe, healthy, and attractive turf throughout the year.
Services include scheduled mowing of park turf, seasonal core aeration, trimming and edging as needed, debris removal associated with mowing operations, and other maintenance necessary to preserve high-quality park landscapes. The contractor will furnish all labor, equipment, materials, and transportation required to perform the work in accordance with City specifications.
Routine mowing and aeration promote healthy turf growth, improve drainage, reduce soil compaction, enhance public safety, improve park appearance, and extend the useful life of City park assets.
Awarding this annual contract will provide the City with reliable, consistent maintenance services while allowing staff to efficiently manage seasonal workload demands and maintain established service levels throughout the City's passive park system.
Background Discussion:
On May 20 and May 27, 2026, the City advertised Request for Bids (RFB) No. 25-26-49 in the Visalia Times-Delta. The RFB was also posted on BidNet Direct, and bid notifications were distributed to prospective contractors.
The City conducted mandatory pre-bid meetings on June 2, 2026, at 10:00 a.m. and June 4, 2026, at 2:00 p.m. in the City Council Chambers. During these meetings, staff reviewed the scope of work, contract requirements, and responded to questions from prospective bidders.
On June 18, 2026, the City received five responsive bids. Staff evaluated each bid for Visalia City Council Page 1 of 3 Printed on 8/12/2026
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File #: 26-0100 Agenda Date: 8/17/2026 Agenda #: 12.
responsiveness, mathematical accuracy, and compliance with the requirements of the RFB.
BIDDER SUMMARY
Bidders Name Location Total Bid Amount
Clean Cut Landscape Clovis, CA $200,140.88
Brightview Landscape Pleasanton, CA $241,919.48
Visalia Landscape and Tree
Company
Visalia, CA $690,609.56
Pride Industries Roseville, CA $396,897.60
Perfect Care Landscape Tulare, CA $9,162,004.50
Clean Cut Landscape Management Inc. submitted the lowest responsive and responsible bid. Staff reviewed the bid and determined that it was complete, responsive, and met all solicitation requirements.
Clean Cut Landscape Management Inc. has successfully performed landscape maintenance services for the City under previous contracts. Staff contacted the contractor's references and confirmed the firm's qualifications, quality of work, and satisfactory performance. Staff also verified that the contractor's Department of Industrial Relations (DIR) registration is current, its California State License Board (CSLB) C-27 Landscaping Contractor license is active and in good standing, and the contractor is not listed on the Division of Labor Standards Enforcement (DLSE) debarment list.
This agreement is classified as a public works maintenance contract and is subject to all applicable state prevailing wage requirements, including contractor registration with the Department of Industrial Relations, submission of certified payroll records, and compliance with the City's Labor Compliance Manual, which was included in the contract specifications.
The initial contract term will be twelve (12) months, with the option to renew annually for up to four (4) additional one-year terms, subject to satisfactory contractor performance, the availability of funding, and mutual agreement between the City and the contractor.
Annual price adjustments at each renewal will be based on the Consumer Price Index (CPI), as provided in the contract documents.
If additional City-owned passive parks are added during the contract term, compensation for those services will be calculated using the contractor's approved unit prices in accordance with the contract provisions.
Fiscal Impact including annual maintenance and operating costs: Funding for the annual contract for passive park mowing and aeration services is included in the Parks Division operating budget within the General Fund. The annual contract amount will not exceed $201,000. No budget amendment is required.
Prior Council Action: None
Visalia City Council Page 2 of 3 Printed on 8/12/2026
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File #: 26-0100 Agenda Date: 8/17/2026 Agenda #: 12.
Alternatives: Reject all bids and direct staff to re-advertise the project through a new Request for Bids.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the City Manager to award the annual contract for passive park mowing and aeration services to Clean Cut Landscape Management in an annual amount not to exceed $201,000, and authorize the City Manager to execute all related contract documents.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 08/17/2026
Attachments: Annual Contract for Passive Park Mowing and Aeration Service, RFB 25-26-49, RFB 25-26-49 Addendum 1, Clean Cut Landscape’s signed bid form, Bid Summary, Exhibit B-7 Ownership Disclosure and Levine Act Statement.
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 8/12/2026
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RFB NO. 25-26-49
ANNUAL CONTRACT FOR SPORTS PARK MOWING AND AERATION SERVICES Page i
CITY OF VISALIA
REQUEST FOR BID (“RFB”)
RFB NO. 25-26-49
ANNUAL CONTRACT FOR PASSIVE PARK
MOWING & AERATION SERVICES
BIDS DUE NO LATER THAN 1:30 P.M. ON THURSDAY, JUNE 18, 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.
PUBLIC WORKS CONTRACT: This is a Public Works Maintenance Contract, therefore it is subject to registration with the Department of Industrial Relations, payment of prevailing wages, submission of certified payroll records to the Labor Commissioner, and other requirements listed in the City of Visalia Labor Compliance Manual (attached). All Bidders, Contractors, and Subcontractors must be registered with the Department of Industrial Relations.
Advertisement Dates: May 20, 2026
May 27, 2026
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES Page ii
TABLE OF CONTENTS
I. DEFINITIONS.......................................................................................................................... 1 II. INTRODUCTION..................................................................................................................... 1 III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS ...................................... 1 IV. INSTRUCTIONS ..................................................................................................................... 4 V. SCOPE OF SERVICES/PROJECT ........................................................................................ 6 VI. PRE-BID AND PRECONSTRUCTION MEETINGS ............................................................... 8 VII. BID OPENING AND CONFIDENTIALITY .............................................................................. 8 VIII. AWARD................................................................................................................................... 8 IX. PROTESTS/APPEALS........................................................................................................... 9 X. SPECIAL CONDITIONS ......................................................................................................... 9 XI. GENERAL CONDITIONS ...................................................................................................... 12 XII. POST AWARD RESPONSIBILITIES .................................................................................... 14
EXHIBITS
A. BID FORM
B. CERTIFICATIONS, AFFIDAVITS, ASSURANCES, STATEMENTS, WAIVERS, AND
QUESTIONNAIRES WHICH MUST ACCOMPANY BID FORM
B-1. Equal Employment Opportunity Compliance Certificate B-2. Certificate of Non-segregated Facilities
B-3. Non-Collusion Affidavit
B-4. Worker’s Compensation Insurance Certificate
B-5. Anti-Kickback Compliance Certificate
B-6. Americans with Disabilities Act Compliance Certificate B-7. Disclosure Form and California Levine Act
B-8. Drug-Free Workplace
B-9. Iran Contracting Act Certification
C. SAMPLE PROJECT AGREEMENT WITH ATTACHMENTS
ATTACHMENT 1 - GENERAL CONTRACT PROVISIONS
ATTACHMENT 2 - INSURANCE REQUIREMENTS
D-1. SERVICE LOCATION SQUARE FOOTAGE TABLE
D-2. MOWING SCHEDULE AND SERVICE LOCATIONS
D-3. MAP OF PASSIVE PARK LOCATIONS
D-4. STATE OF CALIFORNIA PREVAILING WAGE RATES
D-5. LABOR COMPLIANCE MANUAL
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I. DEFINITIONS
For the purposes of RFB NO. 25-26-49, 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. 25-26-49.
II. INTRODUCTION
The City of Visalia Purchasing Division is soliciting Bids for an annual contract for mowing and aeration services on a regularly scheduled basis throughout the City of Visalia. The successful bidder shall be responsible for providing all services necessary to fulfill the requirements of this Invitation to Bid upon receipt of the City’s Notice to Proceed.
The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods." Bids are being sought from contractors who have a proven record of experience in providing the services required by this Invitation to Bid.
In an effort to encourage local businesses to provide goods and services to the City, the 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 the 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.
Under the requirements of Labor Code section 1782, passed by SB7 and in compliance with City of Visalia Ordinance 2014-13, this public works project is subject to State prevailing wages as specified in the specifications. See Section III for additional Department of Industrial Relations requirements that apply to this project.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Visalia will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, sexual orientation, or military and veteran status in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.
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 1085
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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.
III. DEPARTMENT OF INDUSTRIAL RELATIONS REQUIREMENTS, Public Works Contractor Registration Program and Project Labor Agreements
Notice is hereby given that this contract is considered a public works contract and, therefore, subject to DIR monitoring. All contractors and subcontractors bidding and performing work on Public Works Projects must be currently registered with the California Department of Industrial Relations (DIR). Awarded Contractor is required to furnish electronic payroll records for new projects to the Labor Commissioner.
No contract will be awarded unless that contractor and/or subcontractors are registered with the California Department of Industrial Relations (DIR). Bids by unregistered contractors submitted after March 1, 2015, may be rejected as non-responsive.
A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
If a project labor agreement (the term “project labor agreement” is defined in Public Contract Code 2500(b)(1) as a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code) is used, then it must comply with the taxpayer protection provisions set forth in Public Contract Code section 2500(a). City of Visalia has no ordinances requiring or prohibiting such agreements.
The following statements and requirements are to be included in all City of Visalia public work contracts that require the payment of prevailing wages in accordance with the California Labor Code (CLC). This RFB document becomes a part of the public works contract for this project, and therefore, the CLC contract language requirements are incorporated into the contract.
As set forth in CLC section 1771.1(a), all contractors and subcontractors must be currently registered and qualified to perform public work pursuant to CLC section 1725.5 to be qualified to bid, be listed in a bid proposal, or perform any public work for the City of Visalia. Proof of registration for each contractor and subcontractor listed on the bid is required.
As set forth in CLC section 1771.4 (a)(1), notice is given that this project is a public work, subject to compliance monitoring and enforcement by the Department of Industrial Relations. As set forth in CLC section 1771.4(a)(2), the prime contractor is required by the City of Visalia to post job site notices, as prescribed by regulation. Information on required workplace postings may be found on the Department of Labor website at: http://www.dir.ca.gov/wpnodb.html. The contractor and each subcontractor shall maintain all project records required under CLC for public works projects and preserve them for a minimum 3-year period to begin on the date a Notice of Completion is filed for the project. Please refer to the retention period required for any grant or specialized project funding. Some funding sources require an extended time period for records retention.
In accordance with CLC section 1773.2, the contractor is required, by the City of Visalia, to post a copy of the determination of the Director of Labor Standards' prevailing rate of per diem wages for each craft, classification, or type of worker needed to execute the contract at each job site. In accordance with Labor Code section 1776 and its enforcement (1771.4(a)(3)), for initial contracts awarded on or after April 1, 2015, each project contractor and subcontractor shall; 1086
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o Maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1811, and 1815, signed under penalty of perjury. o Make available or provide a certified copy of these payroll records and their supporting documentation within 10 days to all authorized parties upon written request and be subject to penalties for non-compliance as detailed in Labor Code section 1776. o Inform the City of Visalia of the location of the payroll records kept in compliance with Labor Code section 1776(g) and notify the City of Visalia within 5 working days of any change in their location.
The City of Visalia will comply with any prevailing wage monitoring and enforcement activities required by the labor compliance programs of the Department of Industrial Relations, including the withholding of contract payments in the amount of any underpayment of prevailing wage and applicable penalties as directed by the Department of Labor Standards Enforcement in accordance with CLC section 1727(a).
Any amount withheld will be released as directed by the Labor Commissioner upon receipt of a certified copy of a final order no longer subject to judicial review in accordance with CLC section 1742(f). As set forth in Labor Code section 1775(b), the following subcontractor provisions shall be included in any contract executed between the contractor and a subcontractor for performance of work on this public work project:
o As set forth in CLC section 1775(b)(1), any contract executed between a contractor and a subcontractor for the performance of work on a City of Visalia public works project shall include a copy of the provisions of Labor Code sections 1771, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract. o As set forth in CLC section 1776, the subcontractor shall maintain and furnish directly to the Labor Commissioner, bi-weekly, a certified copy of each weekly payroll as specified in section 1776 containing a statement of compliance with labor code sections 1771, 1776, 1811, and 1815, signed under penalty of perjury.
o As set forth in CLC section 1775(b)(2), the contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. o As set forth in CLC section 1775(b)(3), upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. o As set forth in CLC section 1775(b)(4), prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813. Prior to the release of retention to the contractor, the COV will require a copy of the affidavit(s) completed by each listed subcontractor.
In accordance with CLC section 1777.5(e), prior to commencing work on a contract for public work, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.
Only apprentices, as defined in CLC section 3077, in training under apprenticeship standards approved by the Division of Apprenticeship Standards (DAP) and party to written apprentice agreements under CLC section 3070-3098, may be employed at the apprentice wage rate on public works. 1087
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Unless exempted under CLC section 1777.5(j), a contractor working on a public works contract of $30,000 or more shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards (CLC 1777.5(n)). In no event shall the ratio be less than one hour of apprentice work for every five hours of journeyman work. The prime contractor is responsible for compliance with the requirements of CLC section 1777.5 for all apprenticeable occupations employed on the contract. As stated in 1777.5 (o), the apprenticeship requirement does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contract is less than thirty thousand dollars ($30,000).
As stated in section 1777.7(e), the prime contractor will not be liable for any penalties assessed for violations of section 1777.5 if they have complied with the following requirements:
o The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of sections 1771, 1775, 1776, 1777.5, 1813, and 1815. These labor code sections must be included within or as attachments to the contract.
o The contractor shall continually monitor a subcontractor's use of apprentices required to be employed on the public works project pursuant to subdivision (d) of section 1777.5, including, but not limited to, periodic review of the certified payroll of the subcontractor. o Upon becoming aware of a failure of the subcontractor to employ the required number of apprentices, the contractor shall take corrective action, including, but not limited to, retaining funds due to the subcontractor for work performed on the public works project until the failure is corrected. o Prior to making a final payment to the subcontractor for work performed on the public works project, the contractor shall obtain a declaration signed under penalty of perjury from the subcontractor that the subcontractor has employed the required number of apprentices on the public works project. The prime contractor is required to provide a signed affidavit declaring their compliance with California Labor Code sections 1771 (prevailing wage) and 1777.5 (apprenticeship) for all workers employed on the contract before final payment will be made on the contract by the City of Visalia.
Contract inclusion and/or attachments: The following items are required to be included either in the body of, as attachments to, or addenda to all public work contracts:
As set forth in CLC section 1773, the City of Visalia shall obtain the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work in the locality in which the public work is to be performed for each craft, classification, or type of worker needed to execute the contract from the Director of Industrial Relations. This will include the apprenticeship prevailing wage for all apprenticeable trades. In accordance with Labor Code section 1773.2, this information is to be included in the contract itself.
10 days before the closing date of the bid, the project manager will review the prevailing wage rates included in any requests for bid proposals for updates and issue an addendum to notify interested bidders of any changes.
General prevailing wage determinations made by the director of industrial relations for journeyman and apprentices may be found at:
http://www.dir.ca.gov/OPRL/PWD/index.htm and
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IV. INSTRUCTIONS
1. Fill out attached Bid Form (Exhibit “A”) in ink or typewriting completely.
2. Cross out and initial mistakes in ink and place the correct response next to same.
3. Timely submit Bid in a sealed envelope addressed and marked as follows:
To: City of Visalia Purchasing Division
707 W. Acequia Avenue
Visalia, California 93291
From: Bidders Name & Mailing Address
Marked: Passive Park Mowing & Aeration Services
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Deadline 1:30 p.m. on Thursday, June 18, 2026
Delivery of Bid: When sending a bid via FedEx, UPS, etc., it is the responsibility of the Bidder to ensure that the bid is received during open office hours. Office Hours are 7:30 am – 5:00 pm Monday through Thursday.
We are closed on Fridays and major holidays. Bids are not delivered or received when the office is closed.
The City utilizes an outside service for delivery and sorting incoming mail, and therefore, mailing a bid via U.S.
Mail is not recommended, as there could be a delay in receiving bids by the deadline. Bids must be received prior to the deadline. The City will not accept a postmark as evidence of delivery.
Night Drop Box: If delivering a bid after hours, a Night Drop Box is located at Visalia City Hall, 707 W.
Acequia Avenue, Visalia, CA 93291. Enter the west parking lot of the building off of Stevenson Street. The Drop Box is labeled “Night Drop” and is located on the building across from the bicycle racks. The Night Drop Box should only be utilized if City Offices are closed. The Night Drop Box is checked prior to the bid deadline.
4. Submit each of the required Certifications, Affidavits, Guarantees, Statements, and Questionnaires, as well as optional waiver(s) to the City with the sealed Bid. City will not consider bids that 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 website 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].
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V. SCOPE OF SERVICES/PROJECT
ITEM 1: MOWING OF VARIOUS CITY PARKS & PROPERTIES
See Exhibit “D-1” for the list of service locations and associated square footage. See Exhibit “D-2” for the mowing schedule and service locations. These exhibits identify all turf areas to be maintained under this contract.
Mowing shall be performed Monday through Friday between the hours of 6:00 a.m. and 4:00 p.m. on the designated day per the mowing route schedule. This schedule is intended to ensure park areas are maintained prior to public use.
Unless otherwise specified in Exhibit D-2, all locations shall be serviced on a weekly basis.
CONTRACTOR RESPONSIBILITIES
Mow all turf areas in accordance with the established mowing route. Contractor shall allow for City staff to complete debris removal prior to mowing. Debris removal is typically completed by 8:00 a.m. If there are debris issues, the contractor is required to contact the city prior to mowing.
Edge all turf areas on a bi-weekly schedule on designated mowing days, in accordance with the approved schedule. Edging shall include sidewalks, curbs, planters, and other areas adjacent to turf. Trim around trees and landscaped areas within or adjacent to turf unless otherwise directed. Trimming shall not occur in areas treated by City crews; however, if weeds appear in these areas, Contractor shall mow them until weed abatement can be applied. Contractor shall be responsible for any damage to trees caused by trimming or mowing equipment and shall repair or replace such damage as determined by the City.
Blow or sweep all sidewalks, curbs, gutters, and parking lots after each mowing service.
Contractor shall report any unsafe conditions, including but not limited to broken or vandalized playground equipment, backstops, bleachers, or other park amenities, to the City of Visalia Park Supervisor immediately.
Contractor shall report any broken sprinklers and/or excessively wet or dry areas to the City of Visalia Park Supervisor immediately. If an area is too wet to mow, Contractor shall discontinue mowing in that area and notify the Park Supervisor. Contractor shall coordinate to reschedule mowing within the same week once conditions allow. Contractor shall be responsible for repairing any damage, including rutting, caused by mowing in unsuitable conditions.
Contractor shall report any large limbs or hanging branches to the City of Visalia Park Supervisor immediately.
Contractor shall report any damaged plants to the City of Visalia Park Supervisor immediately.
Contractor shall report any unlawful or suspicious activity to the Visalia Police Department immediately.
Mowers with mulching decks are preferred but not required. Clippings shall be managed in a manner that does not leave visible accumulations on turf or hard surfaces. If clippings are collected, Contractor shall be responsible for proper disposal at their expense in accordance with applicable green waste recycling requirements.
Mowing height shall be maintained as follows:
Warm Season - Grass Height: 2.5 inches
Cool Season - Grass Height: 3 inches
If grass height is excessive due to irrigation, Contractor shall notify the Park Supervisor for direction prior to mowing.
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All areas shall be mowed on the designated day per the mowing route schedule, as irrigation systems will be turned off on those days to prevent rutting. Any deviation from the mowing schedule must be approved in advance by the Park Supervisor. Contractor shall provide a minimum of two (2) days’ notice for any requested changes to allow for irrigation adjustments.
SPECIAL NOTES
Contractor shall provide all labor, equipment, tools, and supplies necessary to perform the mowing routes and all services required under this contract.
● Safety Data Sheets (SDS) shall be provided to the City of Visalia Park Supervisor upon request. Contractor shall also ensure that all SDS are readily available to their employees when working with any chemicals used during City of Visalia park mowing operations.
● Contractor shall maintain the ability to contact the City of Visalia Park Supervisor at all times via cellular phone.
● Contractor shall not operate equipment on turf areas other than designated mowing equipment. ● Contractor shall meet with the City of Visalia Park Supervisor prior to the start of services to review route locations and become familiar with all parks and mowing locations. ● The in-season period shall begin the first week of March and continue through October 31. ● During the off-season, services shall occur from November 1 through February 28. During the off-season, mowing shall be performed twice per month in November and December, and once per month in January and February, unless otherwise directed by the City.
● Contractor shall be responsible for any damage caused to City of Visalia property, including but not limited to trees, structures, sidewalks, turf, and irrigation systems. Contractor shall repair or replace such damage at their expense, as determined by the City.
ITEM 2: AERATION (AS-NEEDED SERVICES)
● Aeration services may be requested by the City on an as-needed basis. This work shall be considered additional work and will be compensated separately based on the unit price provided in the Bid Form. ● The Contractor shall provide a written quote for approval prior to performing any aeration services. No work shall begin without prior authorization from the City’s Project Manager. ● The Contractor shall provide all labor, equipment, and materials necessary to complete aeration services in a professional and workmanlike manner.
MISCELLANEOUS SERVICES
On an as-needed basis, the City of Visalia may request the Contractor to perform additional lawn maintenance services, including one-time clean-up and/or irrigation repairs at locations not included in this contract.
The Bidder shall provide an hourly rate as indicated on the bid form. This rate shall apply only to services that are pre-approved by the City’s Project Manager.
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Any materials required for approved repairs may be reimbursed to the Contractor with prior authorization from the City’s Project Manager. Contractor shall itemize all such work separately on monthly invoices and provide supporting receipts for reimbursement.
VI. PRE-BID AND CONTRACT MEETINGS
1. Mandatory Pre-Bid Meetings. Two (2) mandatory pre-Bid meetings have been scheduled. Bidders are required to attend one (1) of the following meetings to be eligible to submit a Bid in response to this RFB:
• Tuesday, June 2, 2026, at 10:00 a.m.
• Thursday, June 4, 2026, at 2:00 p.m.
Both meetings will be held at Whitendale Park, located at 550 W. Beech at West St, Visalia.
Attendance at one (1) of these meetings is required to submit a Bid. Information regarding the project will be provided at that time. It shall be the responsibility of the Contractor to have acquired full knowledge of the job site, scope of work, and any problems or difficulties that may affect the work proposed.
2. 3. Post Award Meeting. Subsequent to the award of the 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: Daryl Tillman
Department: Parks & Urban Forestry
VII. BID OPENING AND CONFIDENTIALITY
1. Bid Opening. Bids shall be opened publicly in the presence of attendees, if any, on Thursday, June 18, 2026, at 1:30 p.m. at City Hall, 707 W Acequia, Visalia, CA. The name of each Bidder and the amount of each Bid shall be open to public inspection at the Bid opening and after an award decision has been made. Other Bid information will not be available for public review during the evaluation phase.
2. Bid Confidentiality. The City favors full and open disclosure of all Bid records. The City will not expend public funds defending claims for access to, inspection of, or to be provided copies of any such records. By submitting a Bid, a Bidder agrees to indemnify and defend the City against all claims or actions brought against it to seek access to, or compel disclosure of, any records or documents in the City’s possession.
After the award, the City intends that its selection process will be open and public.
Respondents are advised that the California Public Records Act (“PRA”) provides that any person may inspect or be provided a copy of any identifiable public record or document that is not exempted from disclosure by the express provisions of the Act. The Federal Freedom of Information Act (“FOIA”) contains a similar provision. Each Bidder shall clearly identify any information within its Bid that it intends to ask the City to withhold as exempt under either the PRA or FOIA. Any information contained in a Bidder’s submission which the Bidder believe qualifies for exemption from public disclosure as “Proprietary” or “Confidential” must be identified as such at the time of first submission of Bidder’s Bid to this RFB. Any failure to identify information contained in a Bidder’s Bid to this RFB as “Proprietary” or “Confidential” shall constitute a waiver of Bidder’s right to object to the release of such information upon request under either Act.
VIII. AWARD
1. Most Responsive, Responsible Bidder. A Contract (substantially similar to that attached hereto as Exhibit “C” with Attachments 1-2) shall be awarded with reasonable promptness by 1092
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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.
IX. PROTESTS/APPEALS
Because it is essential that Bidders have confidence in the procurement procedures for soliciting and awarding contracts, it is the policy of the City to offer Bidders the opportunity to appeal award of contracts. The following procedures shall apply in regard to appeals:
1. Any actual Bidder who is aggrieved in connection with this RFB or award of a contract hereunder may protest to the City of Visalia Purchasing Division in writing within five (5) working days after such aggrieved Bidder knows, should have reasonably known, or could reasonably be expected to know of the facts giving rise thereto; and
2. Should identify only the areas regarding bid contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest in the rating process, and inappropriate or unfair competitive procurement grievance regarding the Bid process.
3. The City’s Purchasing Division shall have the authority to settle and resolve each protest. The resolution will be provided to Bidder in writing within five (5) working days of receipt of the appeal, unless the Bidder is notified that 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 the City’s Purchasing Division.
X. SPECIAL CONDITIONS
1. Project Administrative Issues
a. Complete Project. The successful Bidder shall be responsible for providing all materials, labor, equipment, and services necessary to fulfill the requirements of this RFB.
b. Quantities/Change Orders. The City reserves and shall have the right to make such changes to the work as may be necessary and desirable to complete the work originally intended in an acceptable manner. Unless otherwise specified herein, the Project Manager shall be and is hereby authorized to make such changes in the work as may increase or decrease the originally awarded contract quantities and/or total contract cost. The Contract Price, or the amount due the Contractor, will only be reduced/increased after the price change is reviewed and authorized by the City of Visalia Change Order Committee.
Should the Contractor disagree with any terms or conditions set forth in an approved contract change order not executed by the Contractor, the Contractor shall submit a written protest to the Engineer within 15 days after the receipt of the approved contract change order, and the procedures outlined in Section 4-1.03 of the Standard Specifications apply.
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If a requested change order is sent back to the Contractor for revisions, the Contractor has 15 (fifteen) calendar days to resubmit.
Changes shall not invalidate the contract nor release the surety, and the Contractor agrees to accept payment for such changes as if the altered work had been a part of the original contract. These changes, which are for work within the general scope of the contract, shall be covered by Change Orders issued by the City. Change orders for altered work shall include extensions of contract time where, in the Project Manager’s opinion, such extensions are commensurate with the amount and difficulty of added work.
Excessive altered work shall be covered by a supplemental agreement that is subject to funding agency approval, as applicable. If the City and the Contractor are unable to agree on a unit adjustment for any contract item that requires a supplemental agreement, the City reserves the right to terminate the contract with respect to the item and to make other arrangements for its completion.
c. Omitted Items. The Project Manager is authorized to omit minor contract items. Major items must be omitted by supplemental agreement.
d. Extra Work. Contractor is prohibited from doing extra work, unless authorized in writing by the Project Manager before the work is done. The Project Manager should obtain authorization from the Change Order Committee before agreeing to extra work requested by the Contractor. In the instances where it is necessary for the work to be done immediately, the Project Manager may authorize the work prior to taking the additions to the Change Order Committee. Payment for approved Extra Work shall be as agreed to in writing by the Project Manager prior to the Extra Work being completed, or the Change Order Committee shall approve an increase in a Change Order issued after the Extra Work is completed. No additional payment is due for unauthorized Extra Work.
If the Project Manager authorizes Extra Work but the payment for the Extra Work has not been agreed to in writing prior to the work being completed, then Contractor shall submit to the Project Manager the documentation required for a Change Order within forty-five (45) days of completing the Extra Work. The Project Manager will submit a Change Order request for review and approval by the Change Order Committee. If the Contractor does not submit any documentation within that time period, the Project Manager may move forward with issuing a Change Order to adjust the contract price. e. Removal of Obstructions. Contractor shall remove and dispose of all structures, debris, or other obstructions of any character required for completion of the project. Any temporarily removed or relocated items shall be replaced. f. Clean Up. Prior to acceptance and final payment, Contractor shall clean up the site of work and any areas occupied by Contractor in connection with the project.
2. City-Contractor Relations
a. Project Manager’s Responsibility and Authority. City will designate a Project Manager.
All work shall be done under the general supervision of such Project Manager or his or her designee(s). The Project Manager shall decide issues of quality and acceptability of materials, work performance, rate of progress of work, interpretation of drawings and specifications, and all questions related to fulfillment of the contract for the project.
Project Manager shall not have control over acts or omissions of the Contractor, Subcontractors, their agents, or employees.
b. Contractor/Contractor’s Superintendent. Contractor shall bear all responsibility for, and have all control over, the construction means, methods, techniques, sequences, procedures, and safety precautions or programs related to the project. Contractor may designate a superintendent.
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c. Project Site/Existing Utilities and Structures.
(1) Contractor shall take care to avoid, but shall be responsible for, all damage to existing structures, including, but not limited to, sewers, water service, drains and culverts, underground utilities, and the like.
(2) USA Notification. Contractor shall notify underground service alert (“USA) of times and locations of proposed excavations.
i. Contractor shall notify owners of and be responsible for damage to utilities and substructures.
ii. If damage occurs to an unknown utility, Contractor shall repair the utility.
iii. Contractor shall not make a connection to or draw water from any hydrant or pipeline without first obtaining permission to do so. d. Signs, Barricades, and Notice. Contractor must provide and maintain proper barricades, fences, signal lights, watchmen, and notice in general to the surrounding public, in accordance with local, federal, and state requirements. e. Labor
(1) Workmanship. Workmanship shall be equal to the best general practice of modern-day landscaping and irrigation repair practice.
(2) Qualification. Contractor shall ensure that each employee who works on this project is qualified to perform their assigned duty in a safe manner. f. Control of Materials:
(1) Source of Supply and Quality of Materials Guarantee. All materials, parts, and equipment supplied by the Contractor shall be new and of a quality equal to that specified. Materials that become unfit for use shall not be used for the project.
(2) Equivalent Materials. Trade names or manufacturer’s catalog information, where used, are a means of indicating kind, type, design, style, finish, durability, or quality desired and are not intended to exclude or omit the products of any responsible manufacturer, if such products are equal in every respect to those specified. The burden of proof of compliance with the specifications is the responsibility of the Contractor. City shall be the sole judge as to the adequacy of any item for substitution.
(3) Manufacturer’s Directions. Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer.
g. Storage of Materials. Materials shall be stored to ensure the preservation of their quality and fitness for the project.
h. Materials and Shop Drawing Submittals. If applicable, Contractor shall submit to Project Manager for approval, two (2) copies of the materials list and detailed dimensional shop drawings covering all Contractor-furnished items of equipment. Prior approval by the Project Manager is required. Such approval shall not relieve the Contractor from the responsibility of deviation from the Contract unless Contractor has, in writing, called to the attention of the Project Manager such deviations.
3. Legal Responsibilities. It is the responsibility of Contractor to comply with all local, state, and federal laws and regulations that 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 1095
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necessary permits, licenses, and similar requirements to carry out the project. Contractor shall comply with all applicable labor laws and ensure against discrimination.
XI. GENERAL CONDITIONS
1. It is the policy of the City to provide equal opportunity to all candidates when selecting Bidders to provide public services. Bidders are expected to be equal opportunity employers.
The City hereby affirmatively ensures that Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit a Bid in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, disability, gender, or religion in any consideration leading to the award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance.
Bidder shall provide to the City a list of all instances within the last ten (10) years where a complaint was filed or pending against Bidder in a legal or administrative proceeding alleging that Bidder discriminated against its employees, subcontractors, vendors, or suppliers. A description of the status or resolution of that complaint, including any remedial action taken, is required.
2. Post-Closing Date Corrections are prohibited.
3. Bids will not be accepted unless signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the Bidder.
4. Bids must be submitted on or before the Closing Date. Any Bids received after the Closing Date shall be returned, unopened, to the Bidder, provided the request number, opening date, and Bidder's return address are on the envelope.
5. Bids may be withdrawn prior to the Bid Closing Date by writing to the Purchasing Division.
6. Telegraphic, telephonic, electronic, and facsimile Bids and withdrawal requests will not be accepted.
7. Prices submitted are considered accurate for a period of ninety (90) days and cannot be withdrawn after the Closing Date.
8. All Bids are the property of the City after submission.
9. City is not responsible for Bid errors and omissions.
10. Bids should be prepared in a straightforward, concise manner. Information provided that was not specifically requested will be considered only at the City’s discretion.
11. A written amendment or addenda issued by City’s Purchasing Division is the only method that should be relied on with respect to changes to the RFB. Respondent is responsible for contacting the 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. 1096
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15. Bidder shall maintain all personnel files and payroll records for employees used to implement the proposed contract.
16. Bidder shall withhold, pay, and report all taxes and issue W-2 forms at the end of each calendar year for employees used to implement the proposed contract.
17. Pursuant to the City’s Charter, all other things being equal, tie Bids shall be awarded to a local merchant to the extent quality and prices are equal. If neither is a local vendor, the Bid shall be awarded by the flip of a coin by the Purchasing Division in the presence of at least one witness.
18. The City may make such investigation of the Bidder and information in the Bid as it determines necessary. This may include the collection of criminal history information, contractual and business associations and practices, employment histories, and reputation.
19. All California agencies may purchase off the Proposal submitted at the same prices, terms, conditions, and specifications. The City of Visalia shall incur no responsibility in connection with another agency’s purchase.
20. Each Bidder will be required to submit Certifications, Affidavits, Assurances, Statements, and Questionnaires, which are attached in Exhibit “B”.
21. The quantities given on the Bid Proposal form and any related contract documents are approximate only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly, agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of work, or to omit a portion of the work, as the City deems necessary or advisable, at the prices Bid.
22. Bidders shall satisfy themselves by personal examination of the work site, specifications, plans, and other contract documents, and by any other means as they believe necessary, as to the actual physical conditions, requirements, and difficulties under which the project must be performed. The submission of a Bid shall be conclusive evidence that the Bidder has investigated, and is satisfied as to the conditions encountered, as to the character, quality, and quantities of work to be performed, and the materials to be furnished, and as to the requirements of the RFB and the City. No allowance shall subsequently be made because of a lack of such examination or knowledge.
23. All Bidders are required to make a Bid on the complete Bid Form (Exhibit “A”). Contractor may be required to submit Proposals on alternate items. The City reserves the right to award the contract based on the lowest combination or combinations of Proposal items and alternate proposed items.
24. No mention shall be made in the Proposal of sales tax, use tax or any other tax, as all amounts Bid will be deemed and held to include any such taxes, which may be applicable.
25. Only one Bid may be submitted as a “Prime Contractor” for the same work by any firm, individual, partnership, corporation, or combination thereof. A Contractor submitting a Bid as a Prime Contractor may not also submit sub-Bids to other competing Prime Contractors.
Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one Proposal for the work contemplated will cause the rejection of all Proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. A Contractor who is not submitting a Bid as a Prime Contractor may submit any number of sub-Bids to competing Prime Contractors.
26. The City of Visalia is not liable for any costs incurred by Bidder in responding to this Request for Bid.
27. The annual contract resulting from this invitation to bid will be administered by the Public Works Department. However, the city's Purchasing Division shall be the final judge concerning issues or matters related to contract interpretation or problems regarding the terms, conditions, or scope of the contract.
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28. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Contract shall begin no later than 15 days from the receipt of the annual contract.
29. All prices quoted in response to this Invitation to Bid shall be firm and fixed for twelve (12) months from the annual anniversary date of the agreement. In order to protect the interests of the City and to give the vendor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications. Prices bid by the vendor may be adjusted annually at the 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 contract unit price changes as a result of this formula shall be binding on the contractor for the subsequent contract year. The adjustment of the unit bid price shall not be retroactive and shall apply only to changes incurred after approval.
30. This contract may be terminated without cause by the City, in whole or in part, by giving the Contractor fifteen (15) days written notice of the intent to terminate whenever the City determines that termination is in the best interest of the City.
If the Contractor shall fail to provide services or perform satisfactorily the work required by the terms and conditions of the contract, or materially breaches any of its obligations under this agreement, the City may terminate the contract, in whole or in part, by written notice.
Termination shall take effect ten (10) calendar days after the date of mailing said termination notice.
Any assignment, subletting, or transfer of the interest of the contractor, either in whole or in part, without the written consent of the City, shall be cause for the City to immediately terminate the agreement for default.
Notwithstanding any other provisions of this agreement, this agreement may be terminated by the City upon a single violation of this agreement.
XII. POST AWARD RESPONSIBILITIES
1. Written Contract with City. A written agreement in a form similar to that attached to this Request for Bid as Exhibit “C” with Attachments 1-2 must be entered into between the City and the Contractor to whom the project is awarded. The Agreement forms the basis for the contractual obligation between the parties regarding the project. A contract will be provided with the Notice of Award and must be executed and returned to the 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.
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3. Insurance. Contractor shall obtain and maintain the minimum insurance coverage outlined Exhibit “C”, Attachment 2. Contractor shall provide evidence of such insurance to City’s Purchasing Division prior to commencement of work.
Upon determination by the City that a contract has been entered into and Contractor has provided all of the information that it is required to provide pursuant to this RFB, City will issue, in writing, a notice to proceed on the project to Contractor.
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Bidding Firm:_____________________
EXHIBIT “A”
BID FORM
RFB NO. 25-26-49
Project: ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES TO: THE CITY OF VISALIA PURCHASING DIVISION:
In compliance with the City’s Notice Inviting Sealed Bids No. 25-26-49 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 scope of services, Instructions to BIDDERs, and the contract requirements. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Bid Schedule.
BIDDER understands that a bid is required for the entire work and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that all prices bid include all appurtenant expenses, taxes, royalties, and fees. All bids will be checked for accuracy. In the case of discrepancies in amounts bid, unit prices shall govern over extended amounts.
BIDDER hereby agrees to execute a contract within ten (10) working days, or such further time as may be allowed in writing by the Purchasing Division, after receiving notification of the acceptance of this Bid, and it is hereby mutually understood and agreed that in case the BIDDER does not, said Purchasing Division may proceed to award the contract to others.
BIDDER agrees to commence the work on the start date agreed between BIDDER and Project Manager, only after the contract is fully executed and Notice to Proceed has been issued.
BIDDER further declares that he/she has not either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid.
Bid Award shall be based on the Total Bid Amount. The quantities given on the Bid Proposal form and any related contract documents are estimates only. They are given as a basis for comparison of Bids. The City of Visalia does not, expressly or impliedly, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of work, or to omit a portion of the work, as the City deems necessary or advisable, at the prices Bid.
BIDDER has read and hereby agrees to the conditions stated in this proposal by affixing his/her signature on the Bid Form.
In the case of discrepancy in amounts bid, unit pricing shall prevail over extended amounts. 1100
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Bidding Firm: _____________________
As specified in RFB-25-26-49 and Exhibits. Prices shall reflect all required service frequencies and schedules outlined in the RFB and shall include all labor, equipment, fuel, supplies, and all services necessary to perform the work fully. The quantities and service frequencies provided are estimates only and are not guaranteed. The City reserves the right to increase or decrease service levels as needed.
Item 1: Mowing Services Square
Footage
Unit
Cost
Estimated
Number of
Services
Annually
Annual Cost
Mowing per Schedule (Exhibit D-2)
March through October: Once per week
November through February: Every other week
5,615,625 44
$
Item 1: Total Bid Amount
(Total Annual Cost) $_________
BIDDER’S UNIT PRICES – As new parks are completed in the city and/or new areas are designated for mowing or aeration, they will be added to the existing contract at the same rates as the original routes based on the unit prices provided herein.
UNIT PRICES FOR MOWING AND
AERATION
Item
Unit Cost
(weekly service)
Unit Cost
(twice weekly service)
Turf – maintained as specified in RFB $______________/per sq. ft. $____________/per sq. ft.
Item Unit Cost Per Acre
Aeration, core process or removal, No Sand $______________/per acre Aeration, core removal, with Sand Application $ /per acre Aeration, Mulch Cores, No Sand $______________/per acre Scalping, vacuum clippings, or removal $______________/per acre Contractor’s Hourly Labor Rate
Contractor’s Hourly Labor Rate for Additional Services (applicable only when authorized by City’s Project Manager or Recreation Manager) for misc. lawn maintenance. services, one-time clean-ups, and irrigation repairs on city property. This rate will also be used for misc. field preparation services for Softball Tournaments at Plaza Park. $______________/per hour
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By signing below, the Bidder certifies that all required licenses are current, active, and in good standing with the California Contractors State License Board (CSLB), and that all work performed under this contract will be completed by properly licensed individuals or subcontractors in accordance with applicable laws. (1)_____________________________________________________________________________________ Bidding Firm
(2)_____________________________________________________________________________________ Corporation, Partner, Joint Venture
(3)_____________________________________________________________________________________ Business Address City State Zip Code
_________________________________________________________________________________________ Telephone Number Fax Number
_________________________________________________________________________________________ E-mail Address
(4)_______________________________________________________________________________________ Signature of Authorized Person (Date)
________________________________________________________________________________ Type or Print Authorized Person’s Name
PLEASE SEE THE FOLLOWING INSTRUCTIONS REGARDING SIGNATURE (1) If the BIDDER is an individual, enter name here in style used in business; if a joint venture, exact name of entities joining in the venture; if a partnership, the correct trade style of the partnership; if a corporation, the exact name of the corporation.
(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 the written signature. All Addresses must be complete with street number, city, state, and zip code.
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BIDDING FIRM:_______________________________
BIDDING CONTRACTOR’S LICENSE INFORMATION:
STATE CONTRACTOR’S LIC. CLASS:_________________ # _____________________________ EXP. DATE:___________
STATE D.I.R. REGISTRATION #______________________________________________________ FEDERAL TAX I.D. #______________________________________ CITY OF VISALIA BUSINESS TAX CERTIFICATE #__________________________________(A City Business Tax Certificate (license) is not required to submit a bid; however, vendor is required to obtain a City License prior to commencement of work or if vendor is presently transacting business within the City of Visalia, regardless of whether the business address is actually located within the City. Contact the Business License Division for clarification of questions at 559-713-4326.
CONTRACTOR’S REFERENCES: The following are the names, addresses, and telephone numbers for at least three (3) public agencies for which BIDDER has performed work similar in size and scope within the past five (5) years.
REFERENCE 1
NAME OF AGENCY:____________________________CONTACT PERSON:_________________________ AGENCY ADDRESS:____________________________PHONE #:__________________________________ REFERENCE 2
NAME OF AGENCY:____________________________CONTACT PERSON:_________________________ AGENCY ADDRESS:____________________________PHONE #:__________________________________ REFERENCE 3
NAME OF AGENCY:____________________________CONTACT PERSON:_________________________ AGENCY ADDRESS:____________________________PHONE #:__________________________________
DESIGNATION OF SURETIES
The following are the names, addresses, and telephone numbers for all brokers and sureties from whom BIDDER intends to procure insurance.
COMPANY NAME:_______________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________TELEPHONE#______________________________ COMPANY NAME:_______________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________TELEPHONE#______________________________ COMPANY NAME:_______________________________TYPE OF INSURANCE:_______________________ ADDRESS:_____________________________________TELEPHONE#______________________________ 1103
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BIDDING FIRM:_______________________________
SUBCONTRACTOR LISTING
The undersigned hereby designates below for the project, opposite various portions of the work, the names and locations of the places of business of each subcontractor who will perform work or labor in an amount in excess of one-half of one percent (1/2 of 1%) of the total bid. All work not listed below shall be performed by the undersigned BIDDER. It is understood that the BIDDER, if awarded the contract, shall not substitute any subcontractor in place of the subcontractors herein designated without the approval of the Project Manager.
SUBCONTRACTOR INFORMATION & TRADE CLASSIFICATION (CIRCLE ALL THAT APPLY)
1. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
2. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
3. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
BIDDING FIRM:_______________________________
4. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
5. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
6. Subcontractor
Name:
Performing
_____% of
project work
Asbestos
Boilermaker
Bricklayers
Carpenters
Carpet/Linoleum
Cement Mason
Drywall Finisher
Drywall/Lathers
Electricians
Elevator Mechanic
Glaziers
Iron Worker
Laborers
Millwrights
Operating
Engineers
Painters
Pile Drivers
Pipe Trades
Plasterers
Roofers
Sheet Metal
Sound/Comm
Surveyors
Teamster
Tile Worker
Other:_________
Business Address:
Email Address:
CSLB # Expires:
DIR Registration #
If more space is needed to list additional subcontractors and trade classifications, please list the remaining subcontractors on a separate sheet of paper (providing all of the requested information for each subcontractor) and submit with the bid.
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Submit with Proposal
EXHIBIT “B-1”
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE CERTIFICATE
(EXECUTIVE ORDER 11246)
Equal Opportunity Clause
Unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Executive Orders 10925, 11114, or Section 204 of Executive Order 11246 of September 24, 1965, during the performance of each contract with the City of Visalia, the BIDDER agrees as follows:
1. The BIDDER will not discriminate against any employee or applicant for employment because of race, color, religion, gender, national origin, or political affiliation. The BIDDER will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, gender, national origin, or political affiliation. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The BIDDER agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2. The BIDDER will, in all solicitations or advertisements for employees placed by or on behalf of the BIDDER, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, national origin, or political affiliation.
3. The BIDDER will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or the workers’ representative of the BIDDER’s commitments under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available to employees and applicants for employment.
4. The BIDDER will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevancy orders of the Secretary of Labor.
5. The BIDDER will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and relevant orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.
6. In the event of the BIDDER’s non-compliance with the non-discrimination clauses of this subcontract or with any of such rules, regulations or orders, this subcontract may be canceled, terminated or suspended, in whole, or in part and the BIDDER may be declared ineligible for further government contracts in accordance with the procedures authorized in accordance with Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or otherwise provided by law.
7. The BIDDER will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each SUBBIDDER or vendor. The BIDDER will take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event the BIDDER becomes involved in, or is threatened with litigation with a SUBBIDDER or vendor as a result of such direction by the contracting agency, the BIDDER may request the United States to enter into such litigation to protect the interest of the United States.
Company Name:_________________________________________
Business
Address:___________________________________________________________________________________________ Signature:
_________________________________________________________________Date:____________________________ Name of Signing Official (Print or Type):_____________________________________________ Title of Signing Official: ______________________________________________ Company Seal:
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Submit with Proposal
EXHIBIT “B-2”
CERTIFICATE OF NONSEGREGATED FACILITIES
(BIDDERS/SUBCONTRACTORS)
1. “Segregated facilities,” as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise.
2. By the submission of a bid, the BIDDER certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained.
The BIDDER agrees that a breach of this certification is a violation of the Equal Opportunity clause in the contract.
3. By submission of the bid, the BIDDER further agrees that (except where it has obtained identical certifications from proposed SUBCONTRACTORs for specific time periods) it will:
(a) Obtain identical certifications from proposed SUBCONTRACTORs before the award of subcontracts under which the SUB-BIDDER will be subject to the Equal Opportunity clause; (b) Retain such certifications in its files; and
(c) Forward this certification and the following notice to the proposed SUBCONTRACTORs:
NOTICE OF PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT
FOR CERTIFICATION OF NONSEGREGATED FACILITIES
A certificate of Nonsegregated Facilities must be submitted before the award of a subcontract under which the SUBCONTRACTOR will be subject to the Equal Opportunity clause. The certification may be submitted either for each SUBCONTRACTOR for all subcontracts during a period (i.e., quarterly, semi-annually, or annually).
4. By commencing performance of the Contract work, the selected BIDDER certifies to the Nonsegregated Facilities provisions above.
Company:____________________________________________________________________________ Business
Address:____________________________________________________________________________ Signature:_______________________________________________ Date:________________________________
Name of Signing Official (Print or Type):________________________________ Title of Signing Official:__________________________________________Company Seal:
1107
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Submit with Proposal
EXHIBIT “B-3”
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. 1108
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Submit with Proposal
EXHIBIT “B-4”
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:
1109
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Submit with Proposal
EXHIBIT “B-5”
CERTIFICATION OF ANTI-KICKBACK COMPLIANCE CERTIFICATE
(48 Stat. 948; 62 Stat. 740; 63 Stat. 108; Title 18 U.S.C. § 8741; and 40 U.S.C. (c)) By submission of a Bid, the BIDDER certifies that neither it nor any of its employees has performed or participated in any prohibited actions, as defined in that provision, relating to the award of the Contract. By commencing performance of the Contract work, the selected BIDDER certifies to Anti-Kickback Compliance.
Company: ______________________________________________ Business Address: ______________________________________________ Signature: ______________________________________________ Name of Signing Official: ______________________________________________ Title of Signing Official: ______________________________________________ Date: ______________________________________________
Company Seal:
1110
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Submit with Proposal
EXHIBIT “B-6”
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:
1111
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Submit with Proposal
EXHIBIT “B-7”
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 1112
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Submit with Proposal
EXHIBIT “B-8”
STATE OF CALIFORNIA
DRUG-FREE WORKPLACE CERTIFICATION
STD.21 (REV.12-93)
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, then 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. 1113
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Submit with Bid
EXHIBIT “B-9”
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 Consultants 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:__________________________________AgencyName:_________________________ 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. 1114
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EXHIBIT “C”
S A M P L E (does not need to be submitted with Bid/Proposal)
ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES (City of Visalia Bid No. 25-26-49)
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 a Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to RFB No. 25-26-49, Annual Contract for Passive Park Mowing and Aeration Services, hereinafter referred to as the “Project”, and determined to award the contract to CONTRACTOR for the service; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-49, Annual Contract for Passive Park Mowing and Aeration Services
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-49
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. 25-26-49
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor 1115
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5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the amount listed below 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 the 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 the contract. In no instance shall the price increase exceed 5%. The contract 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 at Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days from the date of the invoice for completed work 1116
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Exhibit “C”
Attachment 1
GENERAL CONTRACT PROVISIONS
A. Successors and Assigns: This Agreement shall be binding upon and shall inure to the benefit of any successors to or assigns of the parties.
B. Prohibition of Assignment: Neither party shall assign, delegate, or transfer their rights and duties in this Agreement without the written consent of the other party.
C. Notices: Notice shall be sufficient hereunder if personally served upon the City Clerk of the CITY or an officer or principal of the CONTRACTOR, or if sent via the United States Postal Service, postage prepaid, addressed as follows:
CITY OF VISALIA CONTRACTOR: ________________________
707 W. Acequia Ave. _______________________
Visalia, CA 93291 _______________________
Attention: City Clerk Attn: ________________________
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, represent the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.
The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into 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. 1118
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
Exhibit “C”
Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY, and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required, providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California, providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Comprehensive Automobile Liability Coverage for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post-agreement coverage”) and any extensions thereof. CONTRACTOR may maintain the required post-agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post-agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for postagreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
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b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
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Item 1: Mowing Services Visalia Landscape & Tree Company Clean Cut Landscape Perfect Care Landscape Brightview Landscape Pride Industries Mowing per Schedule (Exhibit D-2)
March through October: Once per week
November through February: Every other week $ 690,609.56 $ 200,140.88 $ 9,162,004.50 $ 241,919.48 $ 396,897.60 Total Bid Amount
(Total Annual Cost) $ 690,609.56 $ 200,140.88 $ 9,162,004.50 $ 241,919.48 $ 396,897.60
UNIT PRICES FOR MOWING AND AERATION
Turf – maintained as specified in RFB - weekly service per sq ft 0.002795 0.00081 0.00309 0.054 0.07 Turf – maintained as specified in RFB - twice weekly per sq ft 0.002795 0.00162 0.00618 0.082 0.14 Aeration, core process or removal, No Sand - per acre $ 149.99 $ 130.00 $ 270.00 $ 210.88 $ 250.00 Aeration, core removal, with Sand Application - per acre $ 377.99 $ 1,100.00 $ 1,800.00 $ 16,010.88 $ 18,668.00 Aeration, Mulch Cores, No Sand - per acre $ 279.99 $ 273.00 $ 185.00 $ 196.55 $ 175.00 Scalping, vacuum clippings, or removal - per acre $ 325.00 $ 273.00 $ 2,405.00 $ 227.67 $ 350.00 Contractor’s Hourly Labor Rate for Additional Services $ 41.99 $ 65.00 $ 79.50 $ 65.00 $ 87.50 To arrive at the bid price submitted, the following unit prices would have needed to be listed on the bid form. 4280.485227 4732.440455
0.000762246 0.000842727
Actual Unit Price Submitted
(Produces the total bid amount shown above.) 0.002795 0.03708 1128
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ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES (City of Visalia Bid No. 25-26-49)
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 Clean Cut Landscape Management Inc. hereinafter referred to as the “CONTRACTOR”, “BIDDER”, or “SUBRECIPIENT”.
R E C I T A L S
WHEREAS, CONTRACTOR is a landscape and general engineering contractor with a primary business address of 1865 Herndon Avenue, K636, Clovis, CA 93611 and SSN or EIN: 1000033453; and WHEREAS, CITY is a municipal corporation and a Charter Law City; and WHEREAS, City of Visalia reviewed and evaluated responses to RFB No. 25-26-49, Annual Contract for Passive Park Mowing and Aeration Services, hereinafter referred to as the “Project”, and determined to award the contract to CONTRACTOR for the service; and
WHEREAS, CONTRACTOR represents it is licensed, qualified, and willing to complete the Project pursuant to the terms and conditions of this Agreement.
NOW, THEREFORE, CITY and CONTRACTOR agree as follows:
1. TERM:
The term of this Agreement shall commence on the Effective Date and expire upon completion of all obligations of the parties, unless earlier terminated by the parties. The initial contract term shall be for a twelve (12) month period and shall, at the City’s option and with the consent of the CONTRACTOR, be extended annually thereafter for four (4) consecutive one-year periods. Additionally, this Agreement may be terminated for convenience. In the event of termination or expiration of this Agreement, CONTRACTOR shall transfer to CITY any funds and/or accounts receivable on hand attributable to the use of CITY funds.
2. ATTACHMENTS INCORPORATED:
The following are attachments for this Agreement. Said attachments are incorporated into this Agreement as if included in full in the body:
ATTACHMENT NO. DESCRIPTION OF ATTACHMENT
Attachment 1 General Contract Provisions
Attachment 2 Insurance Requirements
Attachment 3 City of Visalia Bid 25-26-49, Annual Contract for Passive Park Mowing and Aeration Services
Attachment 4 CONTRACTOR’s bid in response to Bid No. 25-26-49
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. 25-26-49
4. CITY COMMITMENTS:
CITY shall perform the following tasks on or before the stated completion dates:
TASK COMPLETION DATE
Pay Contractor as work is completed and invoiced As requested by Contractor 1152
ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
5. COMPENSATION:
CITY shall pay CONTRACTOR compensation for services as indicated in Paragraph 4 above; however, CITY shall pay not more than the amount listed below 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 the 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 the contract. In no instance shall the price increase exceed 5%. The contract 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 at Contractor’s stated bid prices Source of Funds: Local Revenues
Payment Schedule: Within 30 days from the date of the invoice for completed work 1153
ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
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: Clean Cut Landscape Management Inc. 707 W. Acequia Ave. 1865 Herndon Avenue, K636
Visalia, CA 93291 Clovis, CA 93611
Attention: City Clerk Attn: Karry Wendel
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, represent the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing signed by the parties, unless otherwise explicitly authorized.
G. Conflict With Law: If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict with said law, but the remainder of the Agreement shall be in full force and effect.
H. Indemnification: The CONTRACTOR waives any and all claims and recourse against the CITY, including the right of contribution of loss or damage to person or property arising from, growing out of, or in any way connected with or incidental to the CONTRACTOR’s performance of this Agreement, except claims arising from the concurrent or sole negligence of the CITY or its officers, agents or employees.
The CONTRACTOR will indemnify, hold harmless, and defend (at CITY’s option) the CITY against any and all claims, demands, damages, costs, expenses, or liability arising out of the CONTRACTOR’s performance of this Agreement except for liability arising out of the concurrent or sole negligence of the CITY or its officers, agents, or employees.
I. Attorney’s Fees: In the event either party commences any action, arbitration or legal proceedings for the enforcement of this Agreement, the prevailing party, as determined by the court or arbitrator, shall be entitled to recovery of its attorney’s fees and court costs incurred in the action brought thereon.
J. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope or intent of the provisions thereunder.
K. Firearms Prohibited: Guns may not be carried by contractors/vendors/consultants while working on City of Visalia premises without the expressed written approval of a City of Visalia Department Head, or an exemption in the contract. If a contractor/vendor/consultant is caught carrying a gun, without City permission, their contract will be terminated.
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L. Executive Order N-6-22 – Russia Sanctions On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering into 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. 1155
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Attachment 2
INSURANCE REQUIREMENTS
1. CONTRACTOR Insurance. CONTRACTOR, at its sole cost and expense, for the full term of this Agreement (and any extensions thereof), shall obtain and maintain at a minimum compliance with all of the following insurance coverage(s) and requirements. Such insurance coverage shall be primary coverage as respects CITY, and any insurance or self-insurance maintained by CITY shall be in excess of CONTRACTOR’s insurance coverage and shall not contribute to it.
2. Subcontractor(s’) Insurance. If CONTRACTOR utilizes one or more subcontractors in the performance of this Agreement, CONTRACTOR shall obtain and maintain independent insurance as to each subcontractor or otherwise provide evidence of insurance coverage for each subcontractor equivalent to that required of CONTRACTOR.
3. Types of Insurance and Minimum Limits. The following types of insurance and minimum limits are required, providing at least the following minimum coverage and limits of liability:
a. Worker’s Compensation written in accordance with the laws of the State of California, providing coverage for any and all employees of CONTRACTOR in the minimum statutorily required coverage amounts;
b. Comprehensive Automobile Liability Coverage for each of CONTRACTOR’s vehicles used in the performance of this Agreement, including owned, non-owned (e.g., owned by CONTRACTOR’s employees or contractors), leased or hired vehicles, in the minimum amount of $1,000,000 combined single limit per occurrence for bodily injury and property damage. c. Commercial General Liability Insurance coverage in the minimum amount of $1,000,000 combined single limit, including coverage for:
(1) bodily injury;
(2) personal injury;
(3) broad form property damage;
(4) contractual liability;
(5) cross-liability;
(6) products and completed operations liability
4. Other Insurance Provisions.
If any insurance coverage required in this Agreement is provided on a “Claims Made” rather than “Occurrence” form, CONTRACTOR agrees to maintain the required coverage for a period of three (3) years after the expiration of this Agreement (hereinafter “post-agreement coverage”) and any extensions thereof.
CONTRACTOR may maintain the required post-agreement coverage by renewal or purchase of prior acts or tail coverage. This provision is contingent upon post-agreement coverage being both available and reasonably affordable in relation to the coverage provided during the term of this Agreement. For purposes of interpreting this requirement, a cost not exceeding 100% of the last annual policy premium during the term of this Agreement in order to purchase prior acts or tail coverage for post-agreement coverage shall be deemed to be reasonable.
5. Endorsements.
All required Automobile and Comprehensive or Commercial General Liability Insurance shall be endorsed to contain the following clauses:
a. The City of Visalia, its officers, agents, employees, representatives, and volunteers are added as additional insureds as respects operations and activities of, or on behalf of the named insured, performed under contract with the City of Visalia.
b. It is agreed that any insurance maintained by the City of Visalia shall apply in excess of and not contribute with insurance provided by this policy.
1156
ANNUAL CONTRACT FOR PASSIVE PARK MOWING AND AERATION SERVICES
c. This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after thirty (30) days prior written notice has been given to the City Clerk, City of Visalia, 707 W. Acequia, Visalia, CA, 93291
6. Proof of Coverage.
CONTRACTOR agrees to provide its insurance broker(s) with a full copy of these insurance provisions and provide CITY on or before the effective date of this Agreement with Certificate(s) of Insurance for all required coverages. Copies of all the required Endorsements shall be attached to the Certificate(s) of Insurance or other evidence of insurance acceptable to the City of Visalia, which shall be provided by CONTRACTOR’s insurance company as evidence of the stipulated coverages. This Proof of Coverage shall then be mailed to the City of Visalia at the following address:
City of Visalia
707 W. Acequia
Visalia, CA 93291
Attn: Purchasing Division
1157
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0101 Agenda Date: 8/17/2026 Agenda #: 13.
Agenda Item Wording:
Record final parcel map - Request authorization to record the final parcel map for Tentative Parcel Map No. 2024-08, located at the northeast corner of North Kelsey Street and West Riggin Avenue intersection.
Agenda Date: 08/17/2026
Prepared by:
Jesus Carreno Nunez, Assistant Engineer, [email protected], (559)713-4268, Jason Huckleberry, Engineering and Building Director, [email protected] (559) 713-4495 Department Recommendation:
Staff recommends that the City Council authorize the recordation of the final parcel map for Tentative Parcel Map No. 2024-08, subdividing 148.09 acres of industrial and light industrial designated property into 4 parcels at the northeast corner of the intersection of North Kelsey Street and West Riggin Avenue.
Summary:
Tentative Parcel Map No. 2024-08 is a request to subdivide a 148.09-acre parcel into four parcels measuring 100.00 acres, 21.31 acres, 21.24 acres, and 5.54 acres with an industrial and light industrial designation. The project consists of the west 148.09 acres of the proposed 280 gross acre subdivision approved by planning commission on February 10, 2025. The parcel map will provide the city an irrevocable offer of dedication in fee for North Kelsey Street and North Clancy Street, a storm water easement along its entire frontage, and a pedestrian trail easement along the Modoc Ditch.
Background Discussion:
Tentative Parcel Map No. 2024-08 was previously approved to subdivide approximately 280 acres into multiple parcels. The proposed final parcel map represents the initial phase of the approved tentative map and will subdivide approximately 148.09 acres into four parcels. The remaining acreage included within the approved tentative parcel map will be subdivided under future parcel maps as development of the project continues.
The final parcel map includes several dedications and easements necessary to serve the subdivision and implement the approved development plan. An irrevocable offer of dedication is being offered for future public street right-of-way along Kelsey Street and Clancy Street. The map also establishes a storm water easement for the installation and maintenance of storm drainage facilities, a reciprocal access easement benefiting parcels 1 through 3 to provide shared access between the parcels, and a pedestrian trail easement across parcels 1 and 4 to accommodate future pedestrian circulation.
These dedications and easements are consistent with the approved tentative parcel map and will facilitate future public infrastructure and coordinated development of the site.
Visalia City Council Page 1 of 2 Printed on 8/14/2026
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File #: 26-0101 Agenda Date: 8/17/2026 Agenda #: 13.
Pursuant to Title 16 (Subdivisions) of the Visalia Municipal Code, the City’s authorization to record the final parcel map is a ministerial action. Specifically, Section 16.24.080 limits the City Council’s action to the specific determination that the final parcel map conforms substantially to the contents of the tentative map, Chapter 16, and the Subdivision Map Act, and provides in pertinent part that “if the Council determines that the map is in conformity with the requirements of this Chapter, the Council shall approve the map (emphasis added).” Disapproval based upon any other reasons would be outside the authority of the Council for this particular action. The Council may reject any and all offers of dedication in the final parcel map pursuant to Section 16.24.080, and require that the City Engineer so indicate on the map, however staff’s recommendation is that the City Council authorize recordation of the final parcel map and accept all offers of dedication as previously described in this report.
Fiscal Impact: Impact fees will be assessed at the time of development of each individual parcel.
Prior Council Action: N/A
Alternatives: None recommended.
Recommended Motion (and Alternative Motions if expected):
I move to authorize the recordation of the final parcel map for Tentative Parcel Map 2024-08.
Environmental Assessment Status: Complete Final Environmental Impact Report (SCH# 20220800658)
CEQA Review: Final Environmental Impact Report (SCH# 20220800658) Deadline for Action: N/A
Attachments:
1. Aerial Map
2. 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 8/14/2026
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1160
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
OWNER'S STATEMENT
SHEET 1 OF 3
CITY PLANNER'S STATEMENT
RECORDER'S STATEMENT
CITY CLERK'S STATEMENT
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 D.R. HORTON CA3, INC., IN SEPTEMBER OF 2024 AND SAID FIELD SURVEY IS TRUE AND COMPLETE AS SHOWN . I HEREBY STATE THAT
THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF THE CHARACTER AND
OCCUPY, OR WILL OCCUPY, THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. THE MONUMENTS NOT YET SET, WILL BE SET AS INDICATED WITHIN ONE YEAR OF THE RECORDING OF THIS MAP. __________________________________________________________________________________ CLINTON J. CAULDEP.L.S. 9849 DATE
THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VISALIA HELD ON THE DAY OF , 20 , AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO
APPROVING THIS MAP AND SUBDIVISION AND, ON BEHALF OF THE PUBLIC, ACCEPTING THE STORM WATER EASEMENT
OFFERED HEREON, PEDESTRIAN TRAIL EASEMENT, AND REJECTING THE IRREVOCABLE OFFER OF DEDICATION IN FEE TO THE CITY OF VISALIA AS SHOWN HEREON AND DESIGNATED AS "IRREVOCABLE OFFER OF DEDICATION IN FEE" TO
HEREAFTER REMAIN AN IRREVOCABLE OFFER OF DEDICATION IN FEE UNTIL ACCEPTED OR TERMINATED BY
SEPARATED RESOLUTION OF THE CITY COUNCIL, 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 CLEARK
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 OF THE PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT
AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP, HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT. ____________________________________________________________________________________________ MICHAEL E. LONG P.L.S. 6815 DATE
CITY SURVEYOR
THE UNDERSIGNED HEREBY CERTIFY THAT THEY ARE THE ONLY PERSONS HAVING ANY RECORD TITLE
INTEREST IN THE REAL PROPERTY INCLUDED WITHIN THE BOUNDARIES OF THE SUBDIVISION SHOWN UPON
THIS MAP, AND DO HEREBY CONSENT TO THE PREPARATION AND RECORDING OF SAID MAP AND THE CONSENT OF NO OTHER PERSON IS NECESSARY.
WE HEREBY OFFER FOR DEDICATION AND DO HEREBY DEDICATE THE FOLLOWING, AS SHOWN WITHIN THE BOUNDARIES OF THE MAP HEREON, FOR THE SPECIFIED PURPOSES:
1. AN IRREVOCABLE OFFER OF DEDICATION IN FEE TO THE CITY OF VISALIA SHOWN HEREON FOR KELSEY STREET AND CLANCY STREET AND DESIGNATED AS "IRREVOCABLE OFFER OF DEDICATION"
2. A STORM WATER EASEMENT IN FAVOR OF THE CITY OF VISALIA AS SHOWN HEREON
3. RECIPROCAL ACCESS EASEMENT IN FAVOR PARCELS 1 THROUGH 3 PER THIS MAP
4. PEDESTRIAN TRAIL EASEMENT IN FEE TO THE CITY OF VISALIA SHOWN HEREON OVER AND ACROSS PARCELS 1 AND 4
FOR: JEFFREY B. RITCHIE FAMILY LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST AND LARRY J. RITCHIE LIMITED PARTNERSHIP, A CALIFORNIA LIMITED PARTNERSHIP, AS TO AN UNDIVIDED 50% INTEREST
__________________________________________________________________________________________________________ JEFFREY B. RITCHIE DATE
__________________________________________________________________________________________________________ LARRY F. RITCHIE DATE
NORTH
VICINITY MAP
NO SCALE
I HEREBY STATE THAT THIS PARCEL MAP CONFORMS TO THE TENTATIVE PARCEL MAP APPROVED BY THE CITY OF VISALIA PLANNING COMMISSION AT THE REGULAR MEETING HELD ON 02/10/2025 ____________________________________________________________________________________________________________ BY: PAUL BERNAL, DATE
PLANNING AND COMMUNITY PRESERVATION DIRECTOR / CITY PLANNER PARCEL MAP NO.
A PORTION OF THE SOUTH HALF OF SECTION 16, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL GOVERNMENT TOWNSHIP PLAT THEREOF, IN THE CITY OF VISALIA, COUNTY OF TULARE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 1:
ALL THAT CERTAIN REAL PROPERTY IDENTIFIED AS PARCEL 1 IN THAT CERTAIN PARCEL MAP WAIVER NO. PPM 17-042 RECORDED MARCH 27, 2018 AS DOCUMENT NO. 2018-0015724, AND RE-RECORDED APRIL 9, 2018 AS DOCUMENT NO. 2018-0018098, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 16, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0°02'13" WEST 2628.47 FEET ALONG THE WEST LINE OF SAID SECTION OF THE CENTERLINE OF MODOC DITCH; THENCE NORTH 89°57'09" EAST, 1315.16 FEET ALONG THE CENTERLINE OF SAID DITCH; THENCE SOUTH 0°02'38" EAST 2626.08 FEET TO THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 89°50'55" WEST 1315.48 FEET ALONG SAID SOUTH LINE TO THE SOUTHWEST CORNER THEREOF AND TRUE POINT OF BEGINNING;
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE GRANT DEED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION RECORDED MARCH 2, 2021, INSTRUMENT NO. 2021-0015004, TULARE COUNTY RECORDS EXCEPTING THEREFROM ONE-HALF OF THE OIL, GAS, MINERALS AND HYDROCARBON SUBSTANCES, FOR A PERIOD OF 25 YEARS, AS RESERVED IN THE DEED FROM HAZEL G. M. MONTAGUE TO ALBERT F. BLAIN, ET AL, DATED AUGUST 8, 1958 AND RECORDED AUGUST 22, 1958 IN BOOK 2072, PAGE 5 OF OFFICIAL RECORDS.
PARCEL 2:
ALL THAT CERTAIN REAL PROPERTY IDENTIFIED AS PARCEL 2 OF THAT CERTAIN MAP WAIVER NO. PPM 17-042 RECORDED MARCH 27, 2018 AS DOCUMENT NO. 2018-0015724, AND RE-RECORDED APRIL 9, 2018 AS DOCUMENT NO. 2018-0018098, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 16, TOWNSHIP 18 SOUTH, RANGE 24 EAST, MOUNT DIBALO BASE AND MERIDIAN, IN THE COUNTY OF TULARE, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 0°02'13" WEST 2628.47 FEET ALONG THE WEST LINE OF SAID SECTION TO THE CENTERLINE OF MODOC DITCH; THENCE NORTH 89°57'09" EAST 1315.16 ALONG THE CENTERLINE OF SAID DITCH TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°57'09" EAST 800.36 FEET ALONG THE CENTERLINE OF SAID DITCH TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 250.00 FEET; THENCE SOUTHEASTERLY 135.29 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°00'21"; THENCE SOUTH 59°02'30" EAST 450.39 FEET TO THE 1/4 SECTION LINE OF SAID SECTION; THENCE SOUTH 0°03'03" EAST 2355.97 FEET ALONG SAID 1/4 SECTION LINE TO THE SOUTH LINE OF SAID SECTION; THENCE SOUTH 89°50'55" WEST 1315.48 FEET ALONG SAID SOUTH LINE; THENCE NORTH 0°02'38" WEST 2626.08 FEET TO THE TRUE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION IN THE GRANT DEED TO THE CITY OF VISALIA, A MUNICIPAL CORPORATION, RECORDED DECEMBER 28, 2021, INSTRUMENT NO. 2021-0094057, OFFICIAL RECORDS.
EXCEPTING THEREFROM ONE-HALF OF THE OIL, GAS, MINERALS AND HYDROCARBON SUBSTANCES, FOR A PERIOD OF 25 YEARS, AS RESERVED IN THE DEED FROM HAZEL G. M. MONTAGUE TO ALBERT F. BLAIN, ET AL, DATED AUGUST 8, 1958 AND RECORDED AUGUST 22, 1958 IN BOOK 2072, PAGE 5 OF OFFICIAL RECORDS.
STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATURE
MY COMMISSION EXPIRES:
PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC
PRINT NAME
COMMISSION NO.
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND
THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.
NOTARY ACKNOWLEDGEMENT
TPM 2024 - 08
AVENUE 320
PLAZA DRIVE
SHIRK (ROAD 92)
RIGGIN AVENUE
AKERS STREET
KELESY STREET
TULARE COUNTY
TULARE COUNTY
CITY OF VISALIA
CITY LIMITS
CITY LIMITS
CITY LIMITS
CITY LIMITS
CITY OF VISALIA
DOCUMENT NO. FEE PAID
FILED THIS DAY OF , 20 , AT .M.
IN VOLUME OF PARCEL MAPS, AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF 4CREEKS, INC.
TARA K. FREITAS, CPA, TULARE COUNTY
ASSESSOR / CLERK-RECORDER
BY:
DEPUTY
SUBJECT PROPERTY
PRELIMINARY
STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATURE
MY COMMISSION EXPIRES:
PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC
PRINT NAME
COMMISSION NO.
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND
THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.
NOTARY ACKNOWLEDGEMENT FLOOD HAZARD ZONE
AS DELINEATED ON THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S FLOOD INSURANCE RATE MAP (MAP NO. 06107C0910E) 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% CHANCE FLOODING WHERE THE CONTRIBUTING DRAINAGE AREA IS LESS THAN 1 SQUARE MILE, AND AREAS PROTECTED FROM THE 1% ANNUAL CHANCE FLOOD BY LEVEES.
BENEFICIARY STATEMENT
THE UNDERSIGNED, AS BENEFICIARY UNDER DEED OF TRUST RECORDED JUNE 23, 2022 AS INSTRUMENT NO. 2022-40639, OF OFFICIAL RECORDS, 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 DEEDING AND DEDICATIONS THEREON.
FOR: GOLDEN STATE FARM CREDIT, FLCA
NAME: DYLAN PECKHAM TITLE: AUTHORIZED SIGNER DATE
BASIS OF BEARINGS
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SECTION 16, T. 18 S., R 24 E., M.D.B.&M., AS PER CITY OF VISALIA RECORD OF SURVEY RECORDED IN BOOK, 20 OF
LICENSED SURVEY, PAGE 17
TAKEN AS NORTH 89°50'44" EAST
2. EASEMENTS AFFECTING PROPERTY
1. TULARE COUNTY ROAD EASEMENT RECORDED IN BOOK 310 PG 225, OFFICIAL RECORDS (NOTE THAT THIS IS OFFSITE)
SOUTHERN CALIFORNIA EDISON POWER POLE EASEMENT RECORDED IN BOOK 1300, PG 557, OFFICIAL RECORDS (NOTE THAT THIS IS OFFSITE)
STATE OF CALIFORNIA/COUNTY OF TULARE
SIGNATURE
MY COMMISSION EXPIRES:
PRINCIPAL PLACE OF BUSINESS: COUNTY
ON _______________, BEFORE ME, ____________________________, A NOTARY PUBLIC
PRINT NAME
COMMISSION NO.
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE
IDENTITY OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
PERSONALLY APPEARED, _______________________________________ WHO PROVED TO ME
ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S)
IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT
HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND
THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.
NOTARY ACKNOWLEDGEMENT
1161
N89° 50' 58"E 2618.51'
2228.77'
2189.01'
N0° 09' 02"W 734.02'
1315.42' 1303.09'
948.48' (947.04') 1240.54' [1241.61']
287.48'
N0° 12' 23"W 96.12'
N46° 54' 45"W 579.45'
C4
N89° 42' 24"E
195.49'
N89° 50' 58"E 2,631.25' <S89° 53' 01"E 2631.22'> [S89° 50' 55'W] [[N89° 51' 10'E 2631.21']] N0° 01' 03"W 2,630.54' [[N0° 02' 02"W 2630.48']]
2285.59'
C2
2361.07'
S89° 59' 42"E (R)
N0° 13' 48"W (R)
N43° 05' 15"E (R)
N78° 39' 32"W (R)
N11° 16' 26"E 40.79'
40'
20'
20'
397.83'
N89° 51' 33"E 2,632.11' [[N89° 51' 29"E 2629.29']]
13' DESIGNATED REMAINDER
67'
55'
55'
6'
50'
50.00'
55'
55'
1837.58' 391.19'
42'
1287.08'
42'
13'
50'
25' BUILDING SETBACK FROM
INSIDE-TOP BANK OF MODOC DITCH
25'
42.00'
55'
55'
711.02'
313.11'
N85° 51' 31"W 160.35' (N85° 51' 31"W 160.34')
N89° 50' 58"E 150.43' (N89° 50' 52"E 150.43')
1773.72' 523.44'
N89° 50' 44"E 2,631.10' [[N89° 50' 44"E 2630.91']]
25'
25'
25' 25'
25'
25'
50'
6' N0° 01' 03"W 2311.11'
249.26'
25'
28' EASEMENT FOR
PEDESTRIAN TRAIL TO
CITY OF VISALIA 28'
N89° 47' 37"E 2098.36' <(N89° 57' 09' 2115.52')>
1265.42' 1261.09'
711.02'
N0° 02' 10"W 2630.99' ((S0° 02' 14"E 2610.89')) (<N0° 02' 13"W 2628.47'>) [[N0° 02' 65"W 2630.51']] <<N0° 02' 13"W 2628.47'>> <(N0° 02' 13"W 2628.47')> 1799.10'
1286.98'
63.90'
CURVES
CURVE #
C1
C2
C3
C4
C5
LENGTH
38.09'
42.44'
127.70'
166.33'
127.70'
RADIUS
192.46
214.50
250.00
220.00
250.00
DELTA
11°20'19"
11°20'10"
29°16'00"
43°19'03"
<(C5)> 135.29' 250.00 29°16'00" 31°00'21"
SW COR. SECT. 16-18/24
FD BD, STAMPED "PLS 8163"
(DESTROYED WITH NEARBY CONSTRUCTION)
SET 6" CONCRETE MONUMENT WITH 2" BRASS CAP MARKED "PLS 9849" IN MONUMENT WELL SCALE 1" = 200'
PARCEL MAP NO.
TPM 2024-08
SECTION LINE
A
W1/4 COR. SECT. 16-18/24
FD 3/4 IP, TAG PLS 4714, 24" DP
PER MICHAEL R. MARTIN CORNER RECORD 01/16/01
CENTER OF SECT. 16-18/24
FD 2" BD IN 2" IP, ILLEGIBLE
PER VANZANDER CORNER RECORD #1030
PARCEL 2
RIGGIN AVENUE
KELSEY STREET
PM NO. 5260
BK 53, PM, PG 67, TCR
PARCEL 1
PARCEL 2
GROSS: 21.98 AC
NET: 21.31 AC
PARCEL 3
GROSS: 21.92 AC
NET: 21.23 AC
PARCEL 1
GROSS: 103.35 AC
NET: 100.00 AC
PARCEL 4
GROSS: 5.83 AC
NET: 5.54 AC
S1/4 COR. SECT. 16-18/24
FD. STEM BD (SHOT AT CENTER)
PER VANZANDER CORNER RECORD #1053, TIES CHECK
EXISTING PARCEL 1 PARCEL MAP WAIVER NO. PPM 71-042 DOCUMENT NO. 2018-0018098, .O.R EXISTING PARCEL 2 PARCEL MAP WAIVER NO. PPM 71-042 DOCUMENT NO. 2018-0018098, .O.R 2 3
1 1 SEE DETAIL 'C'
SEE DETAIL 'A'
SEE DETAIL 'B'
CENTERLINE OF EXISTING DITCH
EXISTING RIGHT OF WAY
EXISTING PARCEL 3
PARCEL MAP WAIVER NO. PPM 17-042
DOCUMENT NO. 2018-0018098, .O.R
LEGEND
( )
FOUND AND ACCEPTED MONUMENT AS DESCRIBED
IRREVOCABLE OFFER OF DEDICATION IN FEE TO CITY OF VISALIA PER THIS MAP SET 3/4" IRON PIPE TAGGED PLS 9849, 6" DEEP
RECORD DATA PER CITY OF VISALIA GRANT DEED RECORDED 03/02/2021 AS DOCUMENT NO. 2021-0015004, OFFICIAL RECORDS
RECORDED DATA PER CITY OF VISALIA GRANT DEED RECORDED 12/28/2021 AS DOCUMENT NO. 2021-0094057, OFFICIAL RECORDS
RECORD DATA PER PARCEL MAP NO. 5260 RECORDED IN BOOK 53, OF PARCEL MAPS, PAGE 67, TULARE COUNTY RECORDS
RECORD DATA PER PARCEL MAP NO. 5031 RECORDED IN BOOK 51, OF PARCEL MAPS, PAGE 37, TULARE COUNTY RECORDS
RECORD DATA PER RECORD OF SURVEY RECORDED IN BOOK 20, OF LICENSED SURVEYS, PAGE 17, TULARE COUNTY RECORDS (USING CONVERSION FACTOR SHOWN ON MAP) RECORD DATA PER CORRECTORY GRANT DEED RECORDED IN 09/29/2020 AS DOCUMENT NO. 2020-0060147, TULARE COUNTY RECORDS
RECORD DATA PER CORRECTORY GRANT DEED RECORDED IN 09/29/2020 AS DOCUMENT NO. 2020-0060149, TULARE COUNTY RECORDS
RECORD DATA PER GRANT DEED RECORDED IN 06/23/2022 AS DOCUMENT NO. 2022-0040532, TULARE COUNTY RECORDS
TULARE COUNTY RECORDS
OFFICIAL RECORDS TULARE COUNTY
SUBDIVISION BOUNDARY
RECIPROCAL ACCESS EASEMENT IN FAVOR PARCELS 1 THROUGH 3 PER THIS MAP SOUTHERN CALIFORNIA EDISON EASEMENT RECORDED 03/09/1967 IN BK 2701, PG 362, O.R.
SOUTHERN CALIFORNIA EDISON EASEMENT RECORDED 1/15/1959 IN BK. 2097, PG. 335, O.R.
SLOPE FILL EASEMENT IN FAVOR TO CITY OF VISALIA RECORDED AS DOCUMENT NO. 2021-0094057, TULARE COUNTY RECORDS
STORM WATER EASEMENT IN FAVOR OF THE CITY OF VISALIA PER THIS MAP TCR
[ ]
PARCEL LINE TO BE REMOVED
NOTE
SEE SHEET 3 FOR DETAILS
ALL DISTANCES SHOWN ARE IN FEET AND DECIMALS THEREOF
ALL DISTANCES SHOWN ARE IN CONVERTED INTO GROUND
MEASUREMENTS PER LICENSED OF SURVEYS BOOK 20 PAGE 17
CONVERSION RATE.
A
SEE DETAIL 'A'
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 2 OF 3
O.R.
CLANCY STREET (ROAD 88)
PARCEL MAP NO. 5031 BK 51, PM, PG 37, TCR PARCEL 7 PARCEL 2 PARCEL 4 W. LINE DESIGNATED REMAINDER PER THIS MAP
W. LINE OF PARCEL 3 OF PPM 17-042
3 NORTH
200' 0' 200'
< >
(( ))
[[ ]]
BASIS OF BEARINGS
SE COR. SECT. 16-18/24
FD. PATCH WITH 2FT O/S
PER VANZANDER CORNER RECORD, TIES CHECK
S
S
S
S
S
S
S
(< >)
2 << >>
<( )>
1 1162
PARCEL MAP NO.
TPM 2024-08
3 3
[N44° 44' 52"E 26.77'] N44° 44' 55"E 26.77'
N78° 39' 14"W (R)
S89° 59' 33"E (R)
N0° 01' 03"W 4.04'
[N0° 03' 03"W 4.04']
N89° 50' 58"W 84.00' [S89° 50' 55"W 84.00']
42.00'
PARCEL 3
711.02'
NO SCALE
DETAIL 'A'
NO SCALE
DETAIL 'C'
NORTH
NORTH
NORTH
N0° 01' 03"W 2630.54' <(S0° 03' 03"E)>
DESIGNATED REMAINDER
DETAIL 'B'
(N89° 50' 52"E 150.43')
N89° 50' 58"E 150.43'
N46° 56' 36"W 45.00' (S46° 56' 36"E 44.99') N4° 50' 17"W 301.03' (S4° 50' 21"E 301.03') N0° 02' 10"W 56.06' C1
32.94'
12.05'
NO SCALE
13.00'
RIGGIN AVENUE
42'
13.00'
13'
55'
CENTERLINE
78.00'
[78.00']
78.00'
PARCEL 2
PREPARED BY: 324 S. SANTA FE, STE. A
VISALIA, CA 93292
TEL: 559.802.3052
FAX: 559.802.3215
www.4-creeks.com
SHEET 3 OF 3
C3 <(C5)>
N60° 56' 24"W 205.63'
N58° 49' 43"W 270.87'
PARCEL 1
N0° 12' 23"W 96.12'
PARCEL 4
N89° 51' 33"E 2,632.11'
4.39'
N0° 02' 10"W 2630.99'
2228.77'
N89° 47' 37"E 2,098.36' <(N89° 57' 09' 2115.52')>
287.48'
N0° 02' 10"W 2228.77
N11° 16' 26"E 40.79'
50'
N. LINE SW1/4 SECT. 16-18/24
50.00'
N46° 54' 45"W 579.45'
42'
13'
42'
13'
274.84' 2277.70'
2277.70'
25'
25' BUILDING SETBACK FROM
INSIDE-TOP BANK OF MODOC DITCH25'
25'
55'
2285.59'
2285.59'
S0° 12' 23"E (R)
S29° 03' 36"W (R)
EXISTING CENTERLINE MODOC DITCH
206.58'
49.10'
15.20'
W. LINE DESIGNATED
REMAINDER PER THIS MAP
W. LINE OF PARCEL 3
OF PPM 71-042
55.00' [55.00'] 29.00' [29.00']
N0° 01' 03"W 2630.54' <(S0° 03' 03"E)>
NOTE
SEE SHEET 2 FOR: - LEGEND
25'
25'
S
S
25'
25'
S
S
249.26'
<(S59° 02' 30"E 450.39')>
W1/4 COR. SECT. 16-18/24 CENTER OF SECT. 16-18/24
DESIGNATED
REMAINDER
DESIGNATED REMAINDER
1,799.10'
W. LINE DESIGNATED REMAINDER PER THIS MAP
W. LINE OF PARCEL 3 OF PPM 71-042
28'
28'
28' EASEMENT FOR PEDESTRIAN TRAIL
TO CITY OF VISALIA
28'
60.93'
313.11'
711.02'
1163
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0106 Agenda Date: 8/17/2026 Agenda #: 14.
Agenda Item Wording:
Confirm a grant submittal for the Alcohol Policing Program - Confirm the Visalia Police Department’s grant submission to the California Department of Alcoholic Beverage Control Office of Traffic Safety Grant Program for the maximum amount of $30,000 funded by the Office of Traffic Safety through the National Highway Traffic Safety Administration, which was submitted on August 7, 2026.
Agenda Date: 08/17/2026
Prepared by:
Police Chief Jason Salazar, 559-713-4215, [email protected]; Police Lieutenant Mona Whaley, 559-713-4105, [email protected]; Financial Analyst Liz Ybarra, 559-713-4250, [email protected] Department Recommendation:
Confirm the Visalia Police Department’s grant submission on August 7, 2026, for the California Department of Alcoholic Beverage Control (ABC) Office of Traffic Safety (OTS) Grant Program for the maximum amount of $30,000 funded by OTS through the National Highway Traffic Safety Administration (NHTSA). The grant is effective from 10/1/2026 to 8/31/2027. Due to time constraints, staff was unable to request authorization prior to the application deadline and are therefore requesting confirmation of the grant submission.
Summary:
The Visalia Police Department plans on utilizing the funds to provide staffing and resources for one (1) year. It focuses on enforcement and training campaigns aimed at reducing sales of alcoholic beverages to minors at ABC licensed businesses. The evaluations of these operations throughout the year will include the success of enforcement actions and statistics showing the compliance rate for said establishments. The department's objectives are to increase compliance through educational outreach, decrease calls for service regarding alcohol sales to minors, and an increase in merchant and public awareness regarding underage drinking. The Visalia Police Department will utilize media outlets to create merchant and public awareness. The Department plans to achieve these objectives by: (1) Providing education to ABC licensed establishments through the IMPACT program; (2) conducting an education/ information campaign through media and social media outlets; (3) conducting enforcement details using the best and most promising practices and; (4) training law enforcement officers regarding ABC enforcement and procedures.
The Visalia Police Department is committed to providing all necessary staff and resources to ensure that the grant is effectively managed. All proposed personnel assigned to manage this grant have lengthy experience in the writing, managing, and executing of grant projects. The Visalia Police Department will utilize a Sergeant to supervise the grant and up to four (4) Visalia Police Department officers to assist with the required enforcement and compliance operations. The officers assigned to Visalia City Council Page 1 of 3 Printed on 8/14/2026
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assist with the grant are experienced with ABC enforcement and compliance.
Background Discussion:
Staff were notified by the California Department of Alcoholic Beverage Control (ABC) to participate in the ABC-OTS Local Enforcement Grant. The deadline for the grant application was August 14, 2026 and city staff submitted the application on August 7, 2026.
The City of Visalia has 205 on-sale retail establishments and 116 off-sale establishments totaling 321 locations.
The grant, in cooperation with Alcoholic Beverage Control Agents and Visalia Code Enforcement Officers enhances the abilities and resources available for compliance, enforcement and education campaign aimed at reducing alcohol related crimes and the sale of alcohol to minors at the 321 ABC licensed establishments with the City of Visalia. These grant operations have been successful in the past. The Department’s expectations are to see a decline in calls for service regarding alcohol sales to minors and an increase in merchant and public awareness regarding underage drinking.
Fiscal Impact including annual maintenance and operating costs:
If awarded, staff will return to Council for the required acceptance of the agreement, appropriations, and resolution. There are no matching funds required.
Prior Council Action: None.
Alternatives: N/A
Recommended Motion (and Alternative Motions if expected):
I move to confirm the Visalia Police Department’s grant submission to the California Department of Alcoholic Beverage Control (ABC) Office of Traffic Safety (OTS) grant program for the maximum amount of $30,000 funded by OTS through the National Highway Traffic Safety Administration (NHTSA), which was submitted on August 7, 2026.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 08/17/2026
Attachments: Grant Announcement.
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
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1168
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0108 Agenda Date: 8/17/2026 Agenda #: 15.
Agenda Item Wording:
Fiscal year 2025-26 cape seal notice of completion - Authorization to file a notice of completion for the fiscal year 2025-26 cape seal project.
Agenda Date: 08/17/2026
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 authorize the filing of the Notice of Completion for the FY 25-26 cape seal project (1410-72000/ CP0247-999).
Summary:
The FY 25-26 cape seal project, funded through Measure N, was successfully completed by VSS International within the approved budget and timeline without any change orders.
The project treated approximately 10.5 miles (227,085 square yards) of residential and collector streets throughout the city. This preventative maintenance effort is part of the City’s ongoing pavement preservation program aimed at extending roadway lifespan. Staff requests Council authorization for the City Manager to file a Notice of Completion.
Background Discussion:
The City currently utilizes multiple pavement preservation methods including, but not limited to, reclamite, cape seal, and crack seal. The streets are analyzed through the City’s pavement management program to determine cost-effective maintenance recommendations, while optimizing the expenditures of limited fiscal resources.
This annual cape seal project was based on a project list developed from the pavement management program in combination with field investigations. To increase the longevity of pavement surfaces, it is imperative for the City to perform the appropriate preventative maintenance treatment to streets at the proper time. Performing a cape seal treatment at this life-stage of the selected streets is beneficial as it extends the overall pavement life at a relatively inexpensive cost. Without this type of treatment, as streets deteriorate further, future maintenance and eventual replacement becomes more expensive and more time-consuming.
This iteration of the cape seal project was performed throughout the City as shown in the attached map. The project sealed approximately 10.5 miles of streets which amounted to an area of 227,085 square yards. The contractor, VSS International of West Sacramento, CA, completed the FY 25-26 cape seal project within the contract time frame and budget. The project was publicized through the City’s social media and the contractor’s own notification process, which minimized resident Visalia City Council Page 1 of 3 Printed on 8/12/2026
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File #: 26-0108 Agenda Date: 8/17/2026 Agenda #: 15.
complaints.
Fiscal Impact including annual maintenance and operating costs:
The FY 25-26 Cape Seal construction project (CIP 1410-72000/CP0247-999) was funded by Measure N (Fund 141) with a total project budget of $1,901,089.
Below is a breakdown of all the costs associated with this project:
Project Summary: FY 25-26 cape seal project, CP0247 (Measure N) Project Budget: $1,901,089
Project Costs:
Construction Cost: $1,573,325
Construction Mgmt: $278
Total Project Cost $1,573,603
Approximate Funding Remaining (Measure N) $327,486
Prior Council Action:
April 6, 2026 City Council authorized the City Manager to award the construction contract for the FY 25-26 Cape Seal Project to VSS International in the amount of $1,573,325.
Alternatives: None recommended
Recommended Motion (and Alternative Motions if expected):
I move to authorize the filing of the notice of completion for the FY 2025-26 cape seal project.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: 08/17/2026
Attachments:
1. Project Map
2. Contractor Disclosure Form
3. Notice of Completion
Strategic Goal:
☐
Economic
☐
Organizational
☐
Fiscal
☒
Infrastructure &
☐
Quality of
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☐
Economic
Vitality
☐
Organizational
Excellence
☐
Fiscal
Strength
☒
Infrastructure &
Growth
☐
Quality of
Life
Visalia City Council Page 3 of 3 Printed on 8/12/2026
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1173
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:
FY 25-26 CAPE SEAL PROJECT
PROJECT NO. 1410-72000/CP0247-999
under the contract agreement entered into with VSS International, Inc. dated May 7, 2026, as a whole was completed on August 4, 2026 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. 1174
Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0112 Agenda Date: 8/17/2026 Agenda #: 16.
Agenda Item Wording:
Request by Council member Brian Poochigian - Consideration of a future agenda item to discuss a moratorium that would prohibit the development and approval of data centers and similar highintensity uses with significant water net loss and electrical demands.
Agenda Date: 08/17/2026
Prepared by: Brian Poochigian, Visalia City Council member, [email protected] Department Recommendation: Council member Brian Poochigian requests that the City Council approve adding an item to a future regular City Council meeting agenda to discuss and consider establishing a moratorium that would prohibit the development and approval of data centers and similar high-intensity uses with significant water and electrical demands.
Summary:
Council member Brian Poochigian seeks Council consideration of directing staff to return at a future regular meeting with an item regarding a moratorium on data centers and similar high-intensity uses that may require substantial water that results in a net loss and electrical resources that could impact the development of other, more beneficial, economic generators in the community.
The requested future agenda item would provide the City Council with an opportunity to discuss whether staff should evaluate the City's existing regulations, review actions being considered or implemented by other California jurisdictions, and present potential policy options.
Those options may include amendments to the Zoning Ordinance, development standards, referral of the matter to the Planning Commission for review and recommendation, a temporary moratorium, or other regulatory measures for City Council consideration.
Background Discussion:
On June 1, 2015, the City Council enacted a process wherein a City Councilmember may make a request to the City Manager that an item not otherwise scheduled to be on an agenda be added to a future agenda. If the item is received by the City Manager prior to Wednesday noon of the week before the next Council meeting, the City Manager adds an agenda item to the Consent Calendar with the question of whether the suggested agenda item should be placed on the next regularly scheduled meeting as a discussion item. (Note: Depending on the nature of the item, or the amount and type of information needed for the Council discussion, a later meeting date may be selected by Council.) If the item is approved as part of the Consent Calendar, or is pulled and approved after discussion, it is then placed on the next agenda as a regular item unless Council authorizes a later meeting to consider the item.
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Fiscal Impact including annual maintenance and operating costs: None at this time. Approval of this item would only direct staff to place a discussion item on a future agenda. Any future action directing staff to conduct research, prepare ordinances, or pursue other regulatory measures would require separate City Council consideration.
Prior Council Action: None
Alternatives: Do not approve the request to place this matter on a future City Council agenda.
Recommended Motion (and Alternative Motions if expected):
I move to approve the request by Council member Brian Poochigian to place an item on a future regular City Council meeting agenda to discuss a moratorium that would prohibit the development and approval of data centers and similar high-intensity uses with significant water and electrical demands.
Environmental Assessment Status: N/A
CEQA Review: N/A
Deadline for Action: N/A
Attachments: N/A
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 8/14/2026
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0113 Agenda Date: 8/17/2026 Agenda #: 17.
Agenda Item Wording:
Appointment in lieu of election - Consider adopting Resolution No. 2026-61 providing for the appointment in lieu of election to the office of City Councilmember for District 3 pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
Agenda Date: 08/17/2026
Prepared by: Reyna Rivera, Chief Deputy City Clerk [email protected] 713-4512; Leslie B.
Caviglia, City Manager [email protected] 713-4332 Department Recommendation: Staff recommends that the City Council adopt Resolution No. 2026- 61 providing for the appointment in lieu of election of the qualified candidates for City Council District 3 pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
Summary:
The nomination period for the November 3, 2026 Municipal Election closed on August 7, 2026. An extended nomination period was available through August 12, 2026 for offices where an eligible incumbent did not file nomination papers by the close of the regular nomination period. The extended nomination period did not apply to the City Council offices for Districts 3, as the incumbent for that office filed nomination papers during the regular nomination period.
Following the close of the nomination period, only one qualified candidate was nominated for the City Council office for District 3. Pursuant to California Elections Code Section 10229, when no more than one candidate has been nominated for an elective office, the City Council may appoint the nominated candidate to the office in lieu of conducting an election for that office.
The proposed resolution would appoint Brian Poochigian to the office of City Councilmember for District 3, cancel the November 3, 2026 Municipal Election for that office, and authorize the City Clerk to complete the required election procedures.
The appointment in lieu of election process applies only to the City Council office for Districts 3. Any City Council office with multiple qualified candidates will remain on the November 3, 2026 ballot and proceed through the regular election process.
Background Discussion:
The City of Visalia’s November 3, 2026 Municipal Election includes elections for City Council offices in Districts 3, 4, and 5. The nomination period for candidates opened on July 13, 2026 and closed on August 7, 2026. Pursuant to California Elections Code requirements, an extended nomination period was available through August 12, 2026 for offices where an eligible incumbent did not file nomination Visalia City Council Page 1 of 3 Printed on 8/14/2026
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File #: 26-0113 Agenda Date: 8/17/2026 Agenda #: 17.
papers by the close of the regular nomination period.
The extended nomination period did not apply to the City Council offices for District 3. At the close of the nomination period on August 7, 2026, the only qualified nomination papers received for the City Council District 3 office were filed by incumbent Brian Poochigian.
California Elections Code Section 10229 provides that when no more than one candidate has been nominated for an elective office, the City elections official shall submit a certificate of the facts to the governing body. The governing body may then take one of the following actions:
1. Appoint to the office the person who has been nominated;
2. Appoint to the office any eligible elector if no one has been nominated; or
3. Hold the election if either no one or only one person has been nominated.
A notice of the facts regarding the candidates nominated for the office of City Council member for Districts 3 was published in a newspaper of general circulation pursuant to Government Code Section 6061 and posted at the City’s designated posting locations and on the City’s website.
By adopting Resolution No. 2026-61, the City Council would appoint the nominated candidate in lieu of election and cancel the November 3, 2026 Municipal Election for that office. Pursuant to Elections Code Section 10229, the City Clerk/Elections official shall not accept for filing any statement of writein candidacy submitted after the appointment is made.
The appointed candidate will be sworn into office at the first regularly scheduled meeting following certification of the election results by the Tulare County Registrar of Voters and will take office and serve exactly as if elected at the municipal election for the term ending November 2030.
Fiscal Impact including annual maintenance and operating costs: The appointment in lieu of election for City Council District 3 will reduce election-related costs associated with that office, including costs related to ballot preparation, election materials, and election administration. The exact savings cannot be determined because election costs are shared among participating jurisdictions and vary based on the number of offices and measures included on the ballot. The election cost is estimated to be $20,000-$25,000.
Prior Council Action: 06/01/2026 - City Council adopted a resolution requesting and consenting to the consolidation of the November 3, 2026 Municipal Election with the Statewide General Election administered by the Tulare County Registrar of Voters.
Alternatives:
1. Do not adopt Resolution No. 2026-61 and allow the City Council offices for Districts 3 to proceed to election.
2. Provide alternative direction to staff.
Recommended Motion (and Alternative Motions if expected):
I move to adopt Resolution No. 2026-61 providing for the appointment in lieu of election to the office of City Council member for District 3, pursuant to California Elections Code Section 10229 and cancelling the November 3, 2026 Municipal Election for that office.
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File #: 26-0113 Agenda Date: 8/17/2026 Agenda #: 17.
Environmental Assessment Status: n/a
CEQA Review: n/a
Deadline for Action: 08/17/2026
Attachments: Resolution appointment in lieu of election; public notice; and elections code.
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 8/14/2026
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RESOLUTION NO. 2026-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISALIA, CALIFORNIA,
PROVIDING FOR AN APPOINTMENT IN LIEU OF ELECTION TO THE OFFICE OF CITY COUNCIL MEMBER FOR DISTRICT 3, AND CANCELLING THE NOVEMBER 3, 2026, MUNICIPAL ELECTION FOR THAT OFFICE, PURSUANT TO CALIFORNIA ELECTIONS CODE SECTION 10229
WHEREAS, pursuant to Section 10229 of the California Elections Code, as of the close of the nomination period on August 7, 2026, there was not more than one candidate nominated for the office of City Council Member for District 3; and Section 10229 of the Elections Code authorizes the City Council to take one of the following actions:
(1) Appoint to the office the person who has been nominated. (2) Appoint to the office any eligible elector if no one has been nominated. (3) Hold the election, if either no one or only one person has been nominated.
WHEREAS, a notice of these facts was published on August 12, 2026, in a newspaper of general circulation pursuant to Government Code Section 6061; and WHEREAS, a notice of these facts was posted on August 12, 2026 on the official posting boards at 707 W. Acequia Avenue and 220 N. Santa Fe Street, and on the City’s website; and
NOW, THEREFORE, the City Council of the City of Visalia, California, does hereby resolve, declare, determine, and order as follows:
SECTION 1. The City Council of the City of Visalia finds and declares as follows:
A. The City of Visalia has called a General Municipal Election on November 3, 2026, to elect three (3) City Council members representing Districts 3, 4, and 5; and B. A nomination period was opened and closed in accordance with the Elections Code, and only one candidate was nominated for the office in District 3; and C. As of the close of the nomination period on August 7, 2026, there was not more than one candidate nominated for the office of City Council Member for District 3; and D. As a result of there being not more than one candidate nominated for the office of City Council Member for District 3, Elections Code Section 10229 authorizes the City Council to take one of the following actions:
1. Appoint the person who has been nominated to the office;
2. Appoint any eligible elector to the office if no one had been nominated; or
3. Direct that the election for the office be held.
1180
E. A Certificate of Facts was submitted to the City Council, and notice of those facts was posted and published in accordance with Elections Code Section 10229.
SECTION 2. Pursuant to Section 10229 of the California Elections Code, the City Council hereby appoints the following person to the office for which they were nominated:
District 3 - Brian Poochigian
SECTION 3. The Municipal Election scheduled for November 3, 2026, is cancelled with respect to the City Council offices for District 3.
SECTION 4. Pursuant to Elections Code Section 10229, the City Clerk/Elections Official shall not accept for filing any statement of write-in candidacy which is submitted after the appointment is made.
SECTION 5. The person appointed shall be sworn into office at the first regular meeting of the City Council following certification of the election by the County Registrar of Voters and shall take office and serve as if elected at the Municipal Election for a term ending in November 2030.
PASSED AND ADOPTED: August 17, 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-xx passed and adopted by the Council of the City of Visalia at a regular meeting held on August 17, 2026.
Dated: August 18, 2026 Leslie B. Caviglia, City Clerk
By Reyna Rivera, Chief Deputy City Clerk
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CITY OF VISALIA
NOTICE OF PUBLICATION OF NOMINATION CERTIFICATION
AND POSSIBLE APPOINTMENT IN LIEU OF ELECTION
California Elections Code Section 10229
NOTICE IS HEREBY GIVEN that, pursuant to Section 10229 of the California Elections Code, following the close of the nomination period for the General Municipal Election to be held on Tuesday, November 3, 2026, there was not more than one person nominated for the office of Visalia City Council Member, District 3.
The person so nominated is:
District 3 – Brian Poochigian
Because only one person was nominated for this office, Section 10229 of the California Elections Code authorizes the City Council to take one of the following actions:
1. Appoint the person who has been nominated to the office;
2. Appoint any eligible voter to the office if no one had been nominated; or
3. Direct that the election for the office be held.
NOTICE IS FURTHER GIVEN that the Visalia City Council will consider this matter at its regular meeting on Monday, August 17, 2026, at 7:00 p.m., in the City Council Chambers, 707 W. Acequia Avenue, Visalia, California 93291. At that meeting, the City Council will consider whether to appoint the nominated candidate and cancel the election for District 3, or direct that the election be held.
Any person appointed pursuant to Elections Code section 10229 shall qualify, take office, and serve exactly as if elected at the November 3, 2026, General Municipal Election for the applicable term of office.
If the City Council makes an appointment pursuant to Section 10229 of the Elections Code, the City Clerk/Elections Official shall not accept for filing any statement of write-in candidacy submitted after the appointment is made. /s/ Reyna Rivera Chief Deputy City Clerk August 7, 2026 1182
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 26-0095 Agenda Date: 8/17/2026 Agenda #: 1.
Agenda Item Wording:
Upcoming City Council Meetings
Tuesday, September 8, 2026 @ 7:00 p.m. at 707 W. Acequia Monday, September 21, 2026 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
Visalia City Council Page 1 of 1 Printed on 8/7/2026
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