El Centro City Council
February 7, 2023

AGENDA

CITY OF EL CENTRO

CITY COUNCIL
TUESDAY, FEBRUARY 7, 2023
City Hall Regular Meeting 11:30 AM

CITY HALL

COUNCIL CHAMBERS
1275 MAIN STREET
EL CENTRO, CA 92243
City of El Centro Page 1
The public may attend in person. Any member of the public attending in person and wishing to make a comment is asked to complete a speaker slip and follow the instructions below regarding “Notice to the Public”. Any member of the public is invited to submit public comments in advance of the meeting to be answered at the meeting. Please email your questions to [email protected] or call 760-337-4515 by February 7, 2023.

COUNCIL MEMBERS, STAFF AND THE PUBLIC MAY ATTEND VIA ZOOM.

To participate and make a public comment in person, via Zoom or telephone, please raise your hand, speak up and introduce yourself.

Join Zoom Meeting:
https://us06web.zoom.us/j/4180375132?pwd=Rmo5UjZ1cWdyV1VoWUhSZWp6R0tVZz09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 418 037 5132 Passcode: 5iHJYM
Public comments via zoom are subject to the same time limits as those in person.

Mayor & Council Members may be reached at (760) 336-8989 Mayor: Martha Cardenas-Singh Interim City Manager: Cedric Ceseña Mayor Pro-Tem: Sylvia Marroquin City Attorney: Elizabeth Martyn Evans Council Members: Edgard Garcia City Clerk: Norma Wyles
Tomás Oliva
Sonia Carter
11:30 A.M CLOSED SESSION - CONFERENCE ROOM "A"
ROLL CALL (Open Session)
Agenda City Council of the City of El Centro February 7, 2023 City of El Centro Page 2
CLOSED SESSION PUBLIC COMMENT:

Any member of the public wishing to address the City Council on any matter appearing on the closed session may do so at this time. Unless the Mayor extends the time limit, remarks shall be limited to three (3) minutes. Additional opportunities for Public Comments will be given during and at the end of the meeting.

CITY COUNCIL ADJOURNS INTO CLOSED SESSION

CITY COUNCIL CLOSED SESSION

LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code Section 54957.6 for the following purposes of considering employee compensation in the form of fringe benefits, or, as applicable, other related matters within the scope of representation for the public information officer position.

ANTICIPATED LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility of initiation of litigation against the City under Govt. Code Section 54956.9(d)(2) - 1 case

POSSIBLE LITIGATION
A point has been reached where, in the opinion of the City Council upon the advice of its legal counsel, and based upon existing facts and circumstances, there is a significant possibility that the City will initiate litigation under Govt Code Section 54956.9(d)(2).

EXISTING LITIGATION
Upon the advice of its legal counsel, the City Council will recess to closed session pursuant to Govt. Code Section 54956.9(d)(21) regarding the following litigation against the City: Aaron Reel v. City of El Centro, Federal Court case 22-cv-00526-W- (KSC).

REAL PROPERTY NEGOTIATION
The City Council will recess to closed session pursuant to Government Code §54956.8 to give instructions to the City’s negotiators, Cedric Cesena, Interim City Manager, Abraham Campos, Public Works Director, and Adriana Nava, Community Services Director, regarding negotiations with the Imperial County Office of Education, which instructions will concern price, terms of payment or both, including use restrictions, development obligations and other monetary consideration concerning the purchase, sale, exchange and/or lease of that portion of the property known as the former City library location on Parcel 2 of Valley Center Plaza.

Agenda City Council of the City of El Centro February 7, 2023 City of El Centro Page 3

NOTICE TO THE PUBLIC
This is a public meeting. If there is an item on the agenda on which you wish to be heard, you are asked to complete a blue speaker slip and submit it to the City Clerk prior to the start of the meeting. Persons wishing to address the Council are not required to identify themselves (Gov’t Code § 54953.3); however, this information assists the Mayor by ensuring that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. When the item is announced and your name is called by the Mayor, please step to the podium and state your name for the record. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. If you wish to address the Council concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.
* Any information provided on the “Speaker Slip” is voluntary and will be public record.

RECONVENE FOR OPEN SESSION 6:00 P.M.
6:00 P.M. OPEN SESSION

ALL TIMES ARE APPROXIMATE AND MAY VARY
CALL TO ORDER:

ROLL CALL BY CITY CLERK

PLEDGE OF ALLEGIANCE

INVOCATION
6:05-6:10 CITY ATTORNEY REPORT ON CLOSED SESSION
6:10-6:15 (TIME MAY VARY) PUBLIC COMMENTS
The City Council welcomes your input. At this time, members of the public may address the City Council on any matter not listed on the posted agenda. Pursuant to the Brown Act, no action will be taken on any issue brought forth under Public Comments. We ask that you please complete a “Speaker Slip” and submit it to the City Clerk prior to the start of the meeting. Although you are not required to identify yourself (Gov’t Code §54953.3); this information on the “Speaker Slip” assists the Mayor that all persons wishing to address the Council are recognized and also assists the City Clerk in preparing the City Council meeting minutes. Unless the Mayor extends the time, there is a three (3) minute time limit for each public presentation. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

Agenda City Council of the City of El Centro February 7, 2023 City of El Centro Page 4
6:15-6:20 CONSENT AGENDA
Consent agenda items are approved by one motion. Council members or members of the public may pull consent items to be considered separately at a time determined by the Mayor.

1. Approval of City Council Minutes of October 10, 2022, October 18, 2022, October 21, 2022, October 28, 2022, November 1, 2022, November 2, 2022 and November 14, 2022.

2. Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF EL CENTRO, CALIFORNIA, ADOPTING A RECORDS

RETENTION SCHEDULE, AUTHORIZE DESTRUCTION OF CERTAIN CITY

RECORDS
6:20-7:00 NEW BUSINESS

3. Discussion and any necessary action regarding the award of the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue - Phase I - STPL-5169 (049)
PRESENTATION: Abraham Campos, PE - Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution No 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE EXTENSION OF IMPERIAL AVENUE FROM INTERSTATE 8 TO WAKE AVENUE AND WAKE AVENUE EAST OF IMPERIAL AVENUE - PHASE I - STPL-5169(049)

4. Discussion and any necessary action regarding the award of the Extension of Imperial Avenue from Wake Avenue to Danenberg Drive - Phase II - STBGL 5169 (054)
PRESENTATION: Abraham Campos, PE - Public Works Director / City Engineer
RECOMMENDATION:

Adopt resolution No 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION

OF A CONTRACT FOR THE EXTENSION OF IMPERIAL AVENUE FROM WAKE AVENUE TO DANENBERG DRIVE - PHASE II - STBGL-5169 (054) Agenda City Council of the City of El Centro February 7, 2023 City of El Centro Page 5

5. Discussion and necessary action related to proposals received for Community Development Block Grant (CDBG) Program Year 2023-2024
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Discussion and necessary action related to proposals received for CDBG Program Year 2023-2024.

6. Discussion and related action regarding the approval of Bid Documents for Parks Division Yard Improvements Project
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Approve Bid Documents for the Parks Division Yard Improvements Project and Authorize the Community Services Department to send project out to bid.

7. Discussion and any necessary direction regarding the change in time for holding the closed session during a regularly schedule City Council meeting.

PRESENTATION: Martha Cardenas-Singh, Mayor
RECOMMENDATION:

Discussion and consideration of request.

LEGISLATIVE ACTION

INFORMATIONAL ITEMS

8. Imperial Avenue / Euclid Avenue sink hole emergency work update

9. Imperial Avenue / Scott Avenue sink hole emergency work update

10. Received and filed notification of Southern California Gas Company's request for rate increase Application A.23-01-004
7:00-7:30 TASK FORCE REPORTS AND MAYOR - COUNCIL MEMBER

REPORTS
7:30-7:40 CITY MANAGER REPORT
Agenda City Council of the City of El Centro February 7, 2023 City of El Centro Page 6

ADJOURNMENT
Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet will be available for public inspection at the Office of the City Clerk, 1275 Main Street, El Centro, California 92243, Monday-Friday during normal business hours.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of the City Clerk at (760)337-4515. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangement to assure accessibility to this meeting.

City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Minutes
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5843) DOC ID: 5843
Approval of City Council Minutes of October 10, 2022,
October 18, 2022, October 21, 2022, October 28, 2022,
November 1, 2022, November 2, 2022 and November 14, 2022.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of October 10, 2022, October 18, 2022, October 21, 2022, October 28, 2022, November 1, 2022, November 2, 2022 and November 14, 2022.

ATTACHMENTS:
• 10-10-2022 Special Meeting CC Minutes (DOCX)
• 10-18-22 Regular CC Minutes (DOCX)
• 10-21-2022 Special Meeting CC Minutes (DOCX)
• 10-28-2022 Special Meeting CC Minutes (DOCX)
• 11-01-22 Regular CC Minutes (DOCX)
• 11-02-2022 Adj. Regular Meeting CC Minutes(DOCX)
• 11-14-2022 Special Meeting CC Minutes (DOCX)
1 Packet Pg. 7
Book 37

SPECIAL MEETING

EL CENTRO CITY COUNCIL

EL CENTRO REGIONAL MEDICAL CENTER
MOB EDUCATION CONFERENCE ROOM 1 & 2, EL CENTRO, CA
MONDAY, OCTOBER 10, 2022 5:30 P.M.

The El Centro City Council met in special session on Monday, October 10, 2022 at 5:30 p.m. in El Centro Regional Medical Center, MOB Education Conference Rooms 1 & 2, 1271 Ross Avenue, El Centro.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Finance Director Romero, City Attorney Martyn Evans

PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS:

None received.

CLOSED SESSION:

Moved by Viegas-Walker, second by Marroquin, to adjourn into closed session at 5:30 p.m. for:

TRADE SECRETS
The City Council and the ECRMC Board will recess to closed session pursuant to Govt. Code Section 37606(b) and 37606.1(b) to discuss and/or deliberate about reports involving hospital trade secret(s) as defined in subdivision (d) of Section 3426.1 of the Civil Code and which are necessary, and would, if prematurely disclosed create a substantial probability of depriving the hospital of a substantial economic benefit:

Discussion of: Number of Items: Estimated Date of Public Disclosure:
_X hospital service ___1_______ December 2022
_X_ program; ___1_______ December 2022
RECONVENE FOR OPEN SESSION:

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action.

ADJOURNMENT
Meeting was adjourned at 8:15 p.m.
__________________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Tomás Oliva, Mayor

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Attachment: 10-10-2022 Special Meeting CC Minutes (5843 : Approval of City Council Minutes) Book 37

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, OCTOBER 18, 2022 11:30 A.M.

The El Centro City Clerk adjourned the regular meeting of the City Council scheduled for Tuesday, October 18, 2022 at 11:30 a.m. until Tuesday, October 18, 2022 at 6:00 p.m. for open session. No closed session was held.

OPEN SESSION
The El Centro City Council met in an adjourned regular session on Tuesday, October 18, 2022 at 6:00 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Garcia, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: Council: Viegas-Walker
Pledge of Allegiance to the flag of the United States of America was led by Council Member Garcia, and Invocation was given by Mayor Oliva.

CITY ATTORNEY REPORT ON CLOSED SESSION
No report.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR

1. Introduction of New Firefighters by Chief Ceseña.

2. Imperial Valley College Comprehensive Master Plan Presentation by Dr. Lennor Johnson, President.

PUBLIC COMMENTS
Public comments were received by Mary Helen Combs, Maria Guadalupe Torres, Flavio Grijalva Jr., Francisco Campos and Rebecca Lemon.

CONSENT AGENDA
Moved by Cardenas-Singh, second by Garcia, approving consent agenda items #3 – #7.

3. Approval of Warrant Registers for the Month of September 2022.

4. Approval of Payroll Registers for the Month of September 2022.

5. Approval of Treasurer’s Report for the Month of September 2022.

6. Adoption of Resolution No. 22-107, RESOLUTIONOF THE CITY COUNCIL OF THE CITY OF EL

CENTRO CONFIRMING THE CONTINUATION OF THE LOCAL STATE OF EMERGENCY AND THE STATE OF EMERGENCY PROCLAIMED BY GOVERNOR NEWSOM ON MARCH 4, 2020

AND AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL FOR THE PERIOD OCTOBER 18, 2022 THROUGH NOVEMBER 17, 2022.

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Attachment: 10-18-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

7. Adoption of Resolution No. 22-108, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO RENEWING AND CONFIRMING RESOLUTION NO. 20-14 REGARDING A

DECLARATION OF LOCAL EMERGENCY VIRUS ON BEHALF OF THE CITY OF EL CENTRO RELATED TO COVID 19.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ASTAINED: None

NEW BUSINESS

8. Presentation by Chief Sawyer, Military Equipment Use Ordinance.

Moved by Garcia, second by Marroquin, approval of Ordinance No. 22-06, AN UNCODIFIED

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ELCENTRO APPROVING MILITARY EQUIPMENT USE POLICY FOR THE EL CENTO POLICE DEPARTMENT, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED: None

9. Presentation by Adriana Nava, Community Services Director, discussion and related action regarding an allocation of Measure P funds for the purpose of replacing lighting at Debbie Pittman Park and Bucklin Park. Dusty Garcia and Steven Solis spoke about the importance of the approval of the funding of these projects.
1) Moved by Marroquin, second by Cardenas-Singh, approval of allocation of $1,390,000 in Measure P funds for new lighting at Debbie Pittman Park, located at 1997 Orange Avenue.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED: None
2) Moved by Marroquin, second by Cardenas-Singh, approval of an allocation of $23,000 in Measure P funds for new lighting at Bucklin Park, located at South 8th Street.

AYES: Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED: Garcia

10. Presentation by Adriana Nava, Community Services Director, authorization of a Grant Application for Permanent Local Housing Allocation Funds.

Moved by Marroquin, second by Garcia, authorized a Grant Application for Permanent Local Housing Allocation Funds.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED:None

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Attachment: 10-18-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

11. Moved by Marroquin, second by Garcia, approval of Change Order 1 for the Filter Media Replacement Project and authorize revised project budget.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED:None

12. Moved by Marroquin, second by Garcia, approval of Local Transportation Five Year Expenditure Plan FY23 to FY27.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED:None

13. Presentation by Abraham Campos, PE – Public Works Director/City Engineer, discussion and any necessary action regarding the adoption of Vehicle Miles Traveled (VTM) as the metric for conducting transportation impact analyses to comply with Senate Bill 743 and Transportation Study Guidelines.

Mr. Phuong Nguyen, Transportation Engineer with Chen Ryan and Associates presented information regarding the VMT to Council. Mr. Angel Hernandez, Interim Community Development Director, also reported on this item.

Moved by Cardenas-Singh, second by Garcia, adoption of Resolution No. 22-109, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING POLICY NUMBER 505 TO

ADOPT VEHICLE MILES TRAVELED (VMT) AS THE METRIC FOR CONDUCTING TRANSPORTATION IMPACT ANALYSES TO COMPLY WITH SENATE BILL 743 AND TRANSPORTATION STUDY GUIDELINES.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED:None
ADDED NEW BUSINESS ITEM 13b.
13b. Moved by Marroquin, second by Garcia to add new business item 13b. Adoption of Resolution ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services due to Imperial County Storm Event, 10/15/22.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED:None
Moved by Garcia, second by Marroquin, adoption of Resolution No. 22-110, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO RATIFYING THE PROCLAMATION OF

LOCAL EMERGENCY ISSUED BY THE DIRECTOR OF EMERGENCY SERVICES DUE TO IMPERIAL COOUNTY STORM EVENT, 10/15/22. Mayor Oliva asked that a press release be made regarding this item.

AYES: Garcia, Oliva, Cardenas-Singh, Marroquin
NOES: None
ABSENT: Viegas-Walker
ABSTAINED:None

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Attachment: 10-18-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

INFORMATIONAL ITEMS

14. Received and referred to Community Development Department, Application for Alcoholic Beverage License – Inferno, 3451 S. Dogwood Rd, Ste. 1396, El Centro, CA 92243

15. Received and filed notification of Southern California Gas Company’s request for rate increase Application A.22-09-015.

LEGISLATIVE ACTION
None
Mayor Oliva received a late Public Comment Speaker Slip and moved back to Public Comments.

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.

CITY MANAGER REPORT
Reported on activities.

ADJOURNMENT
With no further business to come before City Council, meeting was adjourned at 8:30 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomás Oliva, Mayor

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Attachment: 10-18-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

SPECIAL MEETING

EL CENTRO CITY COUNCIL

ECONOMIC DEVELOPMENT DEPARTMENT

RDA CONFERENCE ROOM,
1249 MAIN STREET, EL CENTRO, CA
FRIDAY, OCTOBER 21, 2022 1:30 P.M.

The El Centro City Council met in special session on Friday, October 21, 2022 at 1:30 p.m. in RDA Conference Room, 1249 Main Street, El Centro, California.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans CLOSED SESSION PUBLIC COMMENT:

No comments were received.

CITY COUNCIL CLOSED SESSION
Moved by Garcia, second by Viegas-Walker, to adjourn into closed session at 1:30 p.m. for:

PUBLIC EMPLOYMENT
Public employment pursuant to Govt. Code § 54957:
-Interim City Manager
-City Manager

ADJOURNMENT
With no further business to come before City Council, Mayor Oliva adjourned the meeting 2:05 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Tomás Oliva, Mayor

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Attachment: 10-21-2022 Special Meeting CC Minutes (5843 : Approval of City Council Minutes) Book 37

SPECIAL MEETING

EL CENTRO CITY COUNCIL

ECONOMIC DEVELOPMENT DEPARTMENT

RDA CONFERENCE ROOM,
1249 MAIN STREET, EL CENTRO, CA
FRIDAY, OCTOBER 28, 2022 12:00 P.M.

The El Centro City Council met in special session on Friday, October 28, 2022 at 12:00 p.m. in RDA Conference Room, 1249 Main Street, El Centro, California.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: Council: Marroquin (Arrived at 12:01 p.m.), Garcia (left meeting at 12:55 p.m.) CLOSED SESSION PUBLIC COMMENT:

No comments were received.

CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Viegas-Walker, to adjourn into closed session at 12:00 p.m. for:

PUBLIC EMPLOYMENT
Public employment pursuant to Govt. Code § 54957:
-Interim City Manager
-City Manager

ADJOURNMENT
With no further business to come before City Council, Mayor Oliva adjourned the meeting 1:30 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Tomás Oliva, Mayor

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Attachment: 10-28-2022 Special Meeting CC Minutes (5843 : Approval of City Council Minutes) Book 37

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, NOVEMBER 1, 2022 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, November 1, 2022 at 11:36 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans Closed Session Public Comment
None

CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Viegas-Walker, to adjourn into closed session for:

LABOR NEGOTIATIONS
The City Council will recess to closed session pursuant to Government Code Section 54957.6 to meet with its representatives Marcela Piedra, City Manager and Dulce Bedolla, Human Resources Director, for the purpose of considering employee compensation in the form of fringe benefits, or as applicable, other matters dealing with mandatory subjects within the scope of representation pursuant to Government Code Section 3504; negotiating with all bargaining units with the City.

EXISTING LITIGATION
Upon the advice of its legal counsel, the City Council will recess to closed session pursuant to Govt. Code Section 54956.9(d)(21) regarding the following litigation against the City - Manuel Avendano, Arturo Lucero v. City of El Centro ( Federal Court - 22 CV526 W KSC) and John Seaman v. City of El Centro (ECU0023).

ADDED CLOSED SESSION ITEM
Motion to add was moved by Marroquin, second by Viegas-Walker:

EL CENTRO REGIONAL MEDICAL CENTER
Pursuant to Govt. Code 37606.1(b), for the purpose only of discussion and deliberation on reports involving hospital trade secrets as defined in Civil Code Section 3426.1(d) which, if prematurely disclose, would create the probability of depriving the hospital of a substantial economic benefit. There will be discussion of three (3) items: hospital service, hospital programs and hospital facilities.

Motion unanimously carried.

Closed Session concluded at 2:00 p.m.

City Council recessed to 6:00 p.m.

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Attachment: 11-01-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, November 1, 2022 at 6:01 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Mayor Pro-Tem Cardenas-Singh, and Invocation was given by Council Member Viegas-Walker.

CITY ATTORNEY REPORT ON CLOSED SESSION
During closed session Council discussed pending litigation as well as brief labor negotiations matter in addition the City Council added a closed session regarding ECRMC as allowed by the Government Code Provision for hospitals of that sort. I would like to point out that the 11:00 o’clock meeting and this meeting which are part of your regular meeting are being adjourned to an additional meeting tomorrow at 11:30 in the RDA conference room.

PUBLIC COMMENTS
Public comments were received by Claire Machado, Pete Rodriguez and Mary Helen Combs.

CONSENT AGENDA
Moved by Viegas-Walker, second by Cardenas-Singh, approving consent items #1 to #6.

1. 2
nd reading and adoption of Ordinance No. 22-06, AN UNCODIFIED ORDINANCES OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING A MILITARY EQUIPMENT USE POLICY FOR THE EL CENTRO POLICE DEPARTMENT, waive reading and adopt by title only.

2. Authorized approval of Task Order No. 23 on the on-call contract with Dynamic Consulting Engineers, Inc. for Construction Management Services related to the S. Imperial Avenue Extension Phase I and Phase II.

3. Adoption of Resolution No. 22-111, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT

FOR THE DOGWOOD ROAD IMPROVEMENTS AT WAKE AVENUE AND DANENBERG DRIVE.

4. Adoption of Resolution No. 22-112, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR MINOR CONCRETE REPAIR SERVICES.

5. Adoption of Resolution No. 22-113, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING AN AGREEMENT WITH DUGGINS CONSTRUCTION, INC. FOR

THE PRECONSTRUCTION AND CONSTRUCTION SERVICES ASSOCIATED WITH THE DOG PARK PROJECT.

6. Approval of $750,000 in Waste Water Enterprise Funds for emergency sewer repairs at Imperial Avenue and Scott Avenue intersection.

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Attachment: 11-01-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ASTAINED: None

PUBLIC HEARINGS

7. This was the date and time set for a public hearing for the purpose of establishing and adopting rental rates and charges for the new City Library community rooms and restating such fees and charges for other facilities. Presentation by Adriana Nava, Community Services Director. Mayor Oliva declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward.

Mary Helen Combs asked if this item is presented again to please add the backup to agenda. She was told that the backup is in a binder by the door entrance. Ms. Martyn and Ms. Nava stated that the fee schedules were posted online with all backup material. Mayor Oliva closed the public hearing after seeing no other speakers. Mayor Pro-Tem Cardenas-Singh asked how the rate was calculated, if it was based on square footage, what is the formula that is being used? Ms. Nava explained how the rates were being calculated. Mayor Oliva had several comments regarding how the fees are waived for a non-profit organization and fees will apply for a private corporation reserving the library rooms or any other facility in the city.

Motion by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-114, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, ESTABLISHING AND

ADOPTING RENTAL RATES AND CHARGES FOR THE NEW CITY LIBRARY COMMONITY ROOMS AND RESTATING SUCH FEES AND CHARGES FOR OTHER CITY FACILITIES.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

8. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding the 2022 Zoning Ordinance Update. Presentation by Angel Hernandez, Interim Community Development Director. Catherine Lorbeer, Senior Associate with CityPlace Planning, introduced the 2022 Zoning Ordinance update for Council. Mayor Oliva opened the public hearing and asked if anyone wished to speak on this issue to please come forward. No one came forward and the public hearing was closed. Mayor Pro-Tem Cardenas-Singh asked if the school districts are involved in the conversation regarding the new housing expansion. She wants to make sure that school districts are able to meet the demand of the new residents moving into the district. Mr. Hernandez confirmed that they have met with the school districts and advised them about the newly planned housing expansion. Council Member Viegas-Walker asked about the alley access Motion by Viegas-Walker, second by Garcia, approval of Ordinance No. 22-07, ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, REPEALING CHAPTER

22.1 “SIGNS” AND ADOPTING CHAPTER 19 “SIGNS”, REPEALING CHAPTER 29 “ZONING” AND ADOPTING CHAPTER 29 “ZONING”, FOR CONFORMANCE WITH THE EL CENTRO 2040 GENERAL PLAN UPDATE AND 6TH CYCLE HOUSING ELEMENT UPDATE, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

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Attachment: 11-01-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

9. This was the date and time set for a public hearing to consider the recommendation of the Planning Commission regarding General Plan Amendment 22-04. Presentation by Angel Hernandez, Interim Community Development Director. Mayor Oliva opened the public hearing and asked if anyone wished to speak on this issue to please come forward. No one came forward and the public hearing was closed.

Motion by Viegas-Walker, second by Garcia, adoption of Resolution No. 22-115, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING GENERAL PLAN AMENEMENT 22-04 AMENDING THE ALLOWED USES IN THE MEDICAL OFFICE

OVERLAY AND TO CORRECT MAPPING ERRORS IN THE LAND USE MAP, AND

DECLARING SAME TO BE THE FIRST GENERAL PLAN AMENDMENT FOR CALENDAR YEAR 2022.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED: None

NEW BUSINESS

10. Moved by Viegas-Walker, second by Oliva, adoption of Resolution No. 22-116, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO FOR THE UNREPRESENTED FIRE MANAGEMENT FOR JANUARY 1, 2022 THROUGH JUNE 30 2025.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

11. Moved by Marroquin, second by Viegas-Walker, adoption of Resolution No. 22-117, RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE COMPENSATION

AND EMPLOYMENT TERMS FOR THE POSITION OF DIRECTOR OF COMMUNITY DEVELOPMENT.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

12. Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-118,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF CHIEF OF POLICE.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

13. Moved by Cardenas-Singh, second by Viegas-Walker, adoption of Resolution No. 22-119,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE

COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF FIRE CHIEF/DIRECTOR OF DISASTER SERVICES.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

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Attachment: 11-01-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

14. Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-120,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPOINTING AN

INTERIM CITY MANAGER
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

15. Moved by Viegas-Walker, second by Cardenas-Singh, adoption of Resolution No. 22-121,

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ACCEPTING GRANT

FUNDS ALLOCATED FROM THE DEPARTMENT OF HOMELAND SECURITY FOR OPERATION STONEGARDEN 2020
AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

16. Presentation by Marcela Piedra, City Manager and Patricia Crosby, Interim Library Director, regarding the selection of a logo for the El Centro Library.

Moved by Viegas-Walker, second by Cardenas-Singh, everyone voted for Logo C.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

17. Measure P funding request in the amount of $10,000 for First Responders Wall, located at First Responders Park.

Moved by Garcia, second by Viegas-Walker, approval of $10,000 in Measure P funds to purchase a piece of granite slab for the First Responders Wall located in First Responders Park.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

18. Moved by Cardenas-Singh, second by Marroquin, approval of request to sign a letter asking PMH and ECRMC to enter into a Shared Services Agreement.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

DEPARTMENT REPORTS

19. Aquatic Center Operations Update by Rebecca Corfman, Aquatics Supervisor. Comments regarding this item were received by Mary Helen Combs.

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Attachment: 11-01-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

LEGISLATIVE ACTION
Moved by Marroquin, second by Cardenas-Singh, approval to send a letter of Support for SB1383 Procurement Requirements to Assemblyman Eduardo Garcia.

AYES: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin NOES: None
ABSENT: None
ABSTAINED:None

TASK FORCE AND MAYOR & COUNCIL MEMBERS REPORTS
Mayor and Council Members reported on their activities since last City Council meeting and upcoming events.

CITY MANAGER REPORT
Reported on activities.

ADJOURNMENT
With no further business to come before City Council, meeting was adjourned at 8:41 p.m. to Wednesday, November 2, 2022 at 11:30 a.m. in RDA Conference Room, 1249 Main Street, El Centro, CA. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Tomás Oliva, Mayor

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Attachment: 11-01-22 Regular CC Minutes (5843 : Approval of City Council Minutes) Book 37

ADJOURNED REGULAR MEETING

EL CENTRO CITY COUNCIL

RDA CONFERENCE ROOM, ECONOMIC DEVELOPMENT
1249 MAIN STREET, EL CENTRO, CA
WEDNESDAY, NOVEMBER 2, 2022 11:30 A.M.

The El Centro City Council met in adjourned regular session on Wednesday, November 2, 2022 at 11:49 a.m. in RDA Conference Room, Economic Development, 1249 Main Street, El Centro, California.

PRESENT: Council: Garcia, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, City Manager Piedra, City Attorney Martyn Evans ABSENT: Council Members: Viegas-Walker
Closed Session Public Comment
None

CITY COUNCIL CLOSED SESSION
Moved by Cardenas-Singh, second by Garcia, to adjourn into closed session for:

EL CENTRO REGIONAL MEDICAL CENTER
Pursuant to Govt. Code Section 37606.1(b), for the purposes only of discussion and deliberation on reports involving hospital trade secrets as defined in Civil Code Section 3426.1(d) which, if prematurely disclosed, would create the probability of depriving the hospital of substantial economic benefit. There will be discussion of three (3) items: hospital service, hospital programs and hospital facilities.

Motion unanimously carried. Council Member Viegas-Walker absent.

ADJOURNMENT
With no further business to be discussed, the closed session was adjourned at 2:00 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Tomás Oliva, Mayor

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Attachment: 11-02-2022 Adj. Regular Meeting CC Minutes (5843 : Approval of City Council Minutes) Book 37

SPECIAL MEETING

EL CENTRO CITY COUNCIL

ECONOMIC DEVELOPMENT, RDA CONFERENCE ROOM
1249 MAIN STREET, EL CENTRO, CA
MONDAY, NOVEMBER 14, 2022 11:30 A.M.

The El Centro City Council met in special session on Monday, November 14, 2022 at 11:30 a.m. in RDA Conference Room, Economic Development,1249 Main Avenue, El Centro.

PRESENT: Council: Garcia, Viegas-Walker, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans PUBLIC COMMENTS:

None received.

CITY COUNCIL CLOSED SESSION:

Moved by Marroquin, second by Viegas-Walker, to adjourn into closed session at 11:40 a.m. for:

EL CENTRO REGIONAL MEDICAL CENTER
Pursuant to Govt. Code Section 37606.1(b), for the purpose only of discussion and deliberation on reports involving trade secrets as defined in Civil Code Section 3426.1(d) which, if prematurely disclosed, would create the probability of depriving the hospital of a substantial economic benefit. There will be discussion of three (3) items: hospital service, hospital programs and hospital facilities.

ADJOURNMENT
Meeting was adjourned at 5:00 p.m.
__________________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Tomás Oliva, Mayor

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Attachment: 11-14-2022 Special Meeting CC Minutes (5843 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Destruction of Records
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5836) DOC ID: 5836
Adopt a Records Retention Schedule for All City Departments CITY MANAGER’S RECOMMENDATION:
'Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE,

AUTHORIZE DESTRUCTION OF CERTAIN CITY RECORDS
FISCAL IMPACT:

City of El Centro will realize significant savings both in labor and storage expenses, including the avoidance of future storage and/or construction cost.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

El Centro selected Gladwell Governmental Services, Inc., an expert in local government records, to upgrade its records management program. An upgrade in the existing program was necessary to reduce current and future records storage costs, eliminate duplication of effort, increase efficiency and take advantage of current technology and changes in law.

DISCUSSION:

The upgrade of the current record management systems are driven by many factors, including:
-Very limited space in City Facilities
-Many departments are filing and storing copies of the same records -El Centro produces and manages many permanent records
-Escalating records storage expenses
-Changes in law
The purpose of the program is to apply efficient and economical methods to the creation, utilization, maintenance, retention, preservation and disposal of all records managed by the City.

The retention periods are in compliance with all laws and are standards business practice in California cities.

The new retention schedules were written interactively with representatives from all departments participating in the project. They provide clear, specific records descriptions and retention periods, and apply current law and technology to the 2 Packet Pg. 23
Action Item (ID # 5836) Meeting of February 7, 2023
management of City records. By identifying which department is responsible form maintaining the original record, and by establishing clear retention periods for different categories of records, El Centro will realize significant savings in labor costs, storage costs, free filing cabinet and office space, and realize operational efficiencies.

It is standard business practice for California cities to authorize the routine destruction of records that have exceeded their adopted retention period, upon request of the Department Head and with the consent in writing of the Department Head, City Clerk, and City Attorney, which is provided in Section 2 of the resolution. This will reduce costs and improve efficiency for the city.

It is also standard business practice for California cities to authorize updates to the schedule without further action of the City Council, which is provided in Section 3.

CONCLUSION:

Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO, CALIFORNIA, ADOPTING A RECORDS RETENTION SCHEDULE,

AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS
ATTACHMENTS:
• Final Resolution - Records Retention Schedule (DOCX)
• Exhibit A (PDF)
2 Packet Pg. 24
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, ADOPTING A RECORDS RETENTION

SCHEDULE, AUTHORIZING DESTRUCTION OF CERTAIN CITY

RECORDS
WHEREAS, the maintenance of numerous records is expensive, slows document retrieval, and is not necessary after a certain period of time for the effective and efficient operation of the government of the City of El Centro; and
WHEREAS, Section 34090 of the Government Code of the State of California provides a procedure whereby any City record which has served its purpose and is no longer required may be destroyed; and
WHEREAS, the City of El Centro previously adopted Resolution No. xxx, approving Records Retention Schedules;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES

RESOLVE
AS FOLLOWS:

Section 1. The records of the City of El Centro, as set forth in the Records Retention Schedule Exhibit A, attached hereto and incorporated herein by thisreference, are hereby authorized to be destroyed as provided by Section 34090 et seq. of the Government Code of the State of California and in accordance with the provision of said schedule upon the request of the Department Head and with the consent in writing of the Department Head, City Clerk and City Attorney, without further action by the City Council of the City of El Centro.

Section 2: Updates are hereby authorized to be made to the Records Retention Schedule, without any further action by the City Council, with the consent of the Department Head, City Clerk, City Attorney and City Manager.

Section 3. The term "records" as used herein shall include documents, instructions, books, microforms, electronic files, magnetic tape, optical media, or papers; as defined by the California Public Records Act.

Section 4. Duplicate records may be destroyed pursuant to Govt. Code Section 34090.7 01/2023/cdz/A23-0007/Reso/RecordsRetentionSchedule

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Attachment: Final Resolution - Records Retention Schedule (5836 : Records Retention Schedule for All City Departments) None of the following records shall be destroyed pursuant to this Resolution:
(a) Records affecting the title to real property or liens thereon. (b) Court records.
(c) Records required to be kept by statute.
(d) Records less than two years old when reproduced pursuant to Govt. Code Section 34090.5; (e) The minutes, ordinances, or resolutions of the legislative body or of a city board or commission.

Section 5. This resolution shall become effective immediately upon its passage and adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

CITY OF EL CENTRO
By ______________________________
Martha Cardenas-Singh, Mayor
ATTEST:

By __________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By__________________________
Elizabeth L. Martyn, City Attorney
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

By ________________________________
Norma Wyles, City Clerk
01/2023/cdz/A23-0007/Reso/RecordsRetentionSchedule

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Attachment: Final Resolution - Records Retention Schedule (5836 : Records Retention Schedule for All City Departments)

HOW TO USE RETENTION SCHEDULES
©1995-2021 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission A legend explaining the information presented in the retention schedule has been printed on the back of each page for your easy reference; an index to locate records is also provided.

The specified retention period applies regardless of the media of the record: If a record is stored on paper and a computer file on a hard drive, both records should be destroyed (or erased) after the specified period of time has elapsed.

Copies or duplicates of records should never be retained longer than the prescribed period for the original record.

STRUCTURE: CITYWIDE, DEPARTMENTS & DIVISIONS
The City-wide retention schedule includes those records all departments have in common (letters, memorandums, purchase orders, etc.). These records are NOT repeated in the Department retention schedule, unless that department is the Office of Record, and therefore responsible for maintaining the original record for the prescribed length of time.

Each department has a separate retention schedule that describes the records that are unique to their department, or for which they are the Office of Record. Where appropriate, the department retention schedules are organized by Division within that Department. If a record is not listed in your department retention schedule, refer to the City-wide retention schedule. An index will be provided for your reference.

BENEFITS
This retention schedule has been developed by Diane R. Gladwell, MMC, an expert in Municipal Government records, and will provide the City with the following benefits:
• Reduce administrative expenses, expedite procedures
• Free filing cabinet and office space
• Reduce the cost of records storage
• Eliminate duplication of effort within the City
• Find records faster
• Easier purging of file folders
• Determine what media should be used to store records
For questions, please contact the City Clerk.

AUTHORIZATION TO DESTROY RECORDS:

Destruction of an original record that has exceeded its retention period must be authorized according to City Policies & Procedures prior to destroying it.
• If there is a minimum retention (“Minimum 2 years"), destruction of the document must be authorized before it is destroyed, as it is an original record.

Copies, drafts, notes and non-records do NOT require authorization, and can be destroyed “When No Longer Required.”
• If there is NOT a minimum retention ("When No Longer Required"), it does NOT need to be authorized prior to destruction, as it is a preliminary draft / transitory record or a copy.

On every page of the schedules (near the top, just under the column headings) are important instructions, including instructions regarding holds on destroying records. “Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).”

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Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments)

RECORDS RETENTION SCHEDULE LEGEND
©1995 – 2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission OFR (Office of Record): The department that keeps the original or “record copy.” Usually it is the department that originates the record, unless the item is for a City Council meeting (then it is the City Clerk.)
Records Description: The record series (a group of like records).

Transitory Records not retained in the ordinary course of business, that do NOT have substantive content: Preliminary drafts, notes, or interagency or intraagency memoranda and records having only transitory value. Examples: Telephone messages, meeting room reservation schedules, logs, source records entered into a computer system that qualifies as a “trusted system”, etc.

Non-Record: Documents, studies, books and pamphlets produced by outside agencies, preliminary drafts not retained in the ordinary course of business.

Retention/Disposition: Active: How long the file remains in the immediate office area (guideline) Inactive: How long the file is in off-site storage, stored on Optical Disk or Microforms (guideline) Total Retention: The total number of years the record will be retained For file folders containing documents with different retention timeframes, use the document with the longest retention time.

P = Permanent
Indefinite = No fixed or specified retention period; used for databases, because the data fields are interrelated.

Vital? = Those records that are needed for basic operations in the event of a disaster.

Media Options (guideline) – the form of the record: Mag = Electronic Computer Magnetic Media (Hard drives, Networks, USB Drives, Cloud, etc.) Mfr = Microforms (aperture cards, microfilm, microfiche, or jackets) Ppr = Paper
OD = Optical Disk, CD-r, DVD-r, WORM, or other media which does not allow changes Scan / Import (guideline): “S” indicates the record should be scanned into the document imaging system; “I” indicates the record should be electronically imported into the document imaging system; “M” indicates the record should be microfilmed
Destroy Paper after Imaged & QC’d / Trustworthy Electronic Record: “Yes” indicates the electronic record may serve as the OFFICIAL record (and the paper version may be destroyed, or the record may be electronically generated and never exist in paper format;) IF the document has been imaged (electronically generated, scanned or imported and placed on Unalterable Media or Immutable Cloud Media, DVD-R, CD-R, or WORM cation, or microfilmed) which is stored in a safe & separate location, and both the images and indexing Quality Checked (“QC’d”). The electronic record or image must contain all significant details from the original and be an adequate substitute for the original document for all purposes, and other legal mandates apply. Includes all electronic records which are to serve as the Official Record.

Legend for legal citations (§: Section) B&P: Business & Professions Code (CA) CBC: California Building Code CC: Civil Code (CA) CCP: Code of Civil Procedure (CA) CCR: California Code of Regulations (CA) CFC: California Fire Code CFR: Code of Federal Regulations (US) EC: Elections Code (CA) EVC: Evidence Code (CA) FA: Food & Agriculture Code FC: Family Code (CA) FTB: Franchise Tax Board (CA) GC: Government Code (CA) H&S: Health & Safety Code (CA) HUD: Housing & Urban Develop. (US) LC: Labor Code (CA) Ops. Cal. Atty. Gen..: Attorney General Opinions (CA) PC: Penal Code (CA) PRC Public Resources Code R&T: Revenue & Taxation Code (CA) UFC: Uniform Fire Code USC: United States Code (US) VC: Vehicle Code (CA) W&I: Welfare & Institutions Code (CA)

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Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

City Clerk CC-001
Accident Reports / Incident Reports
(Members of the Public - Whether or Not a
Claim is Filed)
2 years Mag, Ppr GC §34090
City Clerk CC-002
Agenda Packets: City Council, Public
Financing Authority, Redevelopment
Agency, Successor Agency, Oversight
Board
P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department preference; GC §34090 City Clerk CC-003
Agreements & Contracts - ALL
(INFRASTRUCTURE, OR IF IMAGED,
JPAs, MOUs)
Agreement or Contract includes all
contractual obligations (e.g. Specifications
and Successful Proposal or Scope of Work)
Examples of Infrastructure: Architects,
Buildings, bridges, covenants, development,
environmental, Joint Powers, MOUs, park
improvements, property & property restrictions,
redevelopment, reservoirs, sewers, sidewalks,
street & alley improvements, settlement,
subdivisions, utilities, water, etc.

P
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; All infrastructure
contracts should be permanent for
emergency preparedness; Statute of
Limitations is 4 years; 10 years for Errors &
Omissions; land records are permanent by
law; CCP §337 et. seq., GC §34090;
Contractor has retention requirements in 48
CFR 4.703

CITY CLERK
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

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Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-2 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

CITY CLERK
City Clerk CC-004
Agreements & Contracts - ALL (NONINFRASTRUCTURE, Professional Services Agreements - NOT IMAGED)
Agreement or Contract includes all
contractual obligations (e.g. Specifications
and Successful Proposal or Scope of Work)
Examples of Non-Infrastructure: Consultants,
Franchises, Landscaping, Painting, Slurry Seals
(Paving), Tree Trimming, Leases, Personnel,
Professional Services, etc.

Completion
+ 10 years
Yes: Before
Completion
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Statute of
Limitations is 4 years; 10 years for Errors &
Omissions; land records are permanent by
law; CCP §§337. 337.1(a), 337.15, 343; GC
§34090, Contractor has retention
requirements in 48 CFR 4.703(a)
City Clerk CC-005 Audits - Annual Financial Reports / Annual Consolidated Financial Report (ACFR) P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 City Clerk CC-006 Board & Commission / Committee
Applications for Appointment 2 years Mag, Ppr Yes: After QC & OD GC §34090 City Clerk CC-007 Board & Commission / Committee Maddy
Act Lists / Vacancy Notices 2 years Mag, Ppr Yes: After QC & OD GC §34090 City Clerk CC-008
Bonds: CIP Labor & Materials, Performance
Bonds, Letters of Credit, Encroachment
Permits Only
Release of
Bond / Letter
of Credit
Mag, Mfr,
OD, Ppr S
Yes: After
QC & OD Security; GC §34090
City Clerk CC-009 Budgets - Final P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department Preference; GC §34090 City Clerk CC-010 City Articles of Incorporation P
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department preference; GC §34090 EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

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Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-3 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

CITY CLERK
City Clerk CC-011 Claim for Damages
Final
Settlement +
5 years
Yes: Until
Settlement
Mag, Mfr,
OD, Ppr S
Yes: After
Settled
Department Preference; Meets municipal
government auditing standards; Statute of
Limitations is 4 years; CCP §§337 et seq.,
343; GC §34090,
City Clerk CC-012
Filing System / Subject Files / Function
Filing System - HISTORICALLY

SIGNIFICANT, LAND, PLANNING,

CAPITAL IMPROVEMENT

INFRASTRUCTURE PROJECTS
P Mag, Ppr Yes: After
QC & OD Department preference; GC §34090
City Clerk CC-013
Filing System / Subject Files / Function
Filing System - NOT HISTORICALLY

SIGNIFICANT
Minimum 2
years
Mag, Ppr Yes: After
QC & OD Department preference; GC §34090
City Clerk CC-014
FPPC Economic Interest Filings (FPPC 700
Series Forms - Statement of Economic
Interests): ALL
7 years Mag, Mfr,
OD, Ppr S / I Yes: After 2 years
City maintains original statements; GC
§81009(d)(e)(f)&(g)
City Clerk CC-015 Lobbyist (FPPC) Authorization / Reporting - FPPC Form 635 / 602 5 years Mag, Ppr Yes: After 2 years 2 CCR 18615(d); GC §34090 City Clerk CC-016 FPPC Form 801 (Gift to Agency Report) 7 years Mag, Ppr S / I Yes: After 2 years Must post on website; GC §81009(e)
City Clerk CC-017 FPPC Form 802 (Event Ticket / Pass
Distributions Agency Report) 7 years Mag, Ppr S / I Yes: After 2 years Should post on website for 4 years; GC
§81009(e)
City Clerk CC-018 FPPC Form 803 (Behested Payment
Report) 7 years Mag, Ppr S / I Yes: After 2 years GC §81009(e) City Clerk CC-019 FPPC Form 806 (Agency Report of Public Official Appointments) 7 years Mag, Ppr S / I Yes: After 2 years Must post on website; 2 CCR 18705.5; 2
CCR 18702.5(b)(3); GC §34090; GC
§81009(e)
City Clerk CC-020
Campaign Filings (FPPC 400 Series Forms
& Form 501): UNSUCCESSFUL

CANDIDATES
5 years Mag, Mfr,
OD, Ppr S
Yes: After
2 years
Paper must be retained for at least 2 years;
GC §81009(b)&(g)

CITY CLERK ELECTIONS (CONSOLIDATED)
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 31
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-4 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

CITY CLERK
City Clerk CC-021
Campaign Filings (FPPC 400 Series Forms
& Form 501): SUCCESSFUL
CANDIDATES (Elected Officials)
P
Mag, Mfr,
OD, Ppr S
Yes: After
2 years
Paper must be retained for at least 2 years;
GC §81009(b)&(g)
City Clerk CC-022
Campaign Filings (FPPC 400 Series
Forms): THOSE NOT REQUIRED TO FILE
ORIGINAL WITH CITY CLERK (copies)
4 years Mag, Ppr Yes: After
2 years
Paper must be retained for at least 2 years;
GC §81009(f)&(g)
City Clerk CC-023
Campaign Filings (FPPC 400 Series
Forms): OTHER COMMITTEES (PACS -
not candidate-controlled)
7 years Mag, Ppr Yes: After
2 years
Paper must be retained for at least 2 years;
GC §81009(c)&(g)
City Clerk CC-024
Candidate File: Nomination Papers,
Candidate Statement Forms, Local Election
Candidate Filing Cost Program, etc. -

SUCCESSFUL CANDIDATES
Term of
Office + 4
years
Mag, Ppr Yes: After

QC & OD
Department Preference; Statewide
guidelines proposes 4 years for successful
candidates, 2 years for unsuccessful; CA law
states term of office and 4 years after the
expiration of term and does not delineate
between the two; EC §17100
City Clerk CC-025
Candidate File: Nomination Papers,
Candidate Statement Forms, Local Election
Candidate Filing Cost Program, etc. -

UNSUCCESSFUL CANDIDATES
Election + 4
years
Mag, Ppr Yes: After

QC & OD
Statewide guidelines proposes 4 years for
successful candidates, 2 years for
unsuccessful; CA law states term of office
and 4 years after the expiration of term and
does not delineate between the two; EC
§17100
City Clerk CC-026
Elections - GENERAL, WORKING or
ADMINISTRATION Files (Correspondence,
Applications to fill a Vacancy on the City
Council, Precinct Maps, County Election
Services, Candidate Statements to be
printed in the Sample Ballot, Polling
Locations and Precinct Board Members,
Notices, Postings, etc.)
Minimum 2
years
Mag, Ppr Yes: After
QC & OD GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 32
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-5 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

CITY CLERK
City Clerk CC-027 Elections - Petitions (Initiative, Recall or Referendum)
Results + 8
months, or
Final
Examination
+ 1 year
after petition
examination
if petition is
insufficient
Ppr
Not accessible to the public; The 8 month
retention applies after election results, or
final examination if no election, unless there
is a legal or FPPC proceeding. EC
§§17200(b)(3), 17400
(End of Elections Section)
City Clerk CC-028 Ethics Training Certificates - City Council, Board and Commission Members 5 years Mag, Mfr, OD, Ppr S Yes: After
QC'd & OD GC §§34090, 53235.2(b)
City Clerk CC-029
Historical Records, Photographs, &
Historical Projects (e.g. City Anniversaries,
Incorporation, City Seal, Awards of
significant historical interest, Grand
Openings, etc.)
P
Mag, Mfr,
OD, Ppr S
Yes: After
QC'd & OD
City Clerk determines historical significance;
records can address a variety of subjects
and media. Some media (e.g. audio and
video tape) may be limited because of the
media's life expectancy; GC §34090
City Clerk CC-030
Lawsuits / Litigation
Except Final Settlement
When No
Longer
Required -
Minimum 5
years
Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S
Yes: After
5 years
Department Preference; Claim must be filed
within 1 year, lawsuit within 2 years;
complaints against peace officers within 5
years; Statute of Limitations for contracts is
4 years; wrongful death for construction is
completion + 5 years; CCP §§ 337 et seq.;
GC §§ 34090, 34090.6; PC §832.5(b)
City Clerk CC-031
Lawsuits / Litigation
Final Settlement Only
P
Yes: Until
Resolution
Mag, Mfr,
OD, Ppr S
Yes: After
5 years Department Preference; GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 33
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-6 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

CITY CLERK
City Clerk CC-032
Minutes: City Council, Public Financing
Authority, Redevelopment Agency,
Successor Agency, Oversight Board
P
Mag, Mfr,
OD, Ppr S / I No GC §34090(e)
City Clerk CC-033
Oath of Office / Loyalty Oaths /
Appointments: City Council, Boards and
Commissions, Employees
Separation +
4 years
Mag, Mfr,
OD, Ppr S / I Yes: After QC'd & OD
Department Preference; Statute of
Limitations: Public official misconduct is
discovery of offense + 4 years, GC
§§36507, 34090; PC §§801.5, 803(c); 29
USC 1113
City Clerk CC-034 Ordinances P
Mag, Mfr,
OD, Ppr S / I No GC §34090(e)
City Clerk CC-035 Public Records Requests / Subpoenas
Duces Tecum 2 years Mag, Ppr Yes: After QC'd & OD GC §34090 City Clerk CC-036 Real Property: Deeds, Easements, Liens, Rights of Way, etc. P
Mag, Mfr,
OD, Ppr S / I Yes: After QC'd & OD GC §34090(a)
City Clerk CC-037
Recordings: Audio or Video of City Council
Meetings, Public Financing Authority,
Redevelopment Agency, Successor Agency,
Oversight Board
Minimum 4
years
Mag
Department preference; Audio Required for
30 days; GC §54953.5(b); video tapes of
meetings are required for 90 days; GC
§34090.6
City Clerk CC-038 Records Destruction Authorization Forms & Certifications (All Departments) P
Mag, Mfr,
OD, Ppr S / I Yes: After QC'd & OD Department preference; GC §34090 City Clerk CC-039
Resolutions: City Council, Public Financing
Authority, Redevelopment Agency,
Successor Agency, Oversight Board
P
Mag, Mfr,
OD, Ppr S / I No GC §34090(e)
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 34
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: CITY CLERK Page CC-7 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

CITY CLERK
City Clerk CC-040 Secretary of State Statement of Facts / Registry of Public Officials 2 years Mag, Ppr GC §34090 City Clerk CC-041 Vehicle Titles / Pink Slips
Upon Sale
or Disposal
of Vehicle
Mag, Ppr Title is transferred to new owner or auction
house
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 35
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 1.0 RECORDS RETENTION SCHEDULE: CITY MANAGER Page CM-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged
& QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards .

Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, claims, complaints, audits, pending records requests, and/or investigations suspend normal retention periods (retention resumes after settlement).

CITY MANAGER
City
Manager CM-001 City Manager Correspondence / City Council Correspondence Minimum 2
years
Mag, Ppr Department preference; GC §34090
City
Manager CM-002
Legislative Advocacies, Support or
Opposition to proposed Federal or State
Legislation
Minimum 2
years
Mag, Ppr Department preference; GC §34090
City
Manager CM-003 Lobbyist (FPPC) Authorization / Reporting - FPPC Form 635 / 602 5 years Mag, Ppr Yes:

After 2
years
2 CCR 18615(d); GC §34090
City Clerk CM-004
Media Services: Recordings: Audio or Video
of City Council Meetings, Housing Authority,
Public Financing Authority, Redevelopment
Agency, Successor Agency, Oversight
Board
2 years Mag
Department preference; Audio Required for 30
days; GC §54953.5(b); video tapes of meetings
are required for 90 days; GC §34090.6
City
Manager CM-005 Media Services: Videos of City Events and Media Releases Minimum 2
years
Mag, Ppr Department preference; GC §34090
City
Manager CM-006 Projects / Subject Files (Subject will change over time) Minimum 2
years
Mag, Ppr Department Preference; GC §34090 et seq.

EL CENTRO, CA. ©1995 - 2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 36
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-1
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

BUILDING & SAFETY
Community
Develop. /
Building &
Safety
CD-001 Address Files / Building Permits P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090, H&S §19850
Community
Develop. /
Building &
Safety
CD-002 Board of Appeals

AGENDAS & AGENDA PACKETS P
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Original Staff
Reports are filed in the project file; GC
§34090
Community
Develop. /
Building &
Safety
CD-003 Board of Appeals
AUDIO or VIDEO RECORDINGS 2 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Audio Required
for 30 days; GC §54953.5(b); video tapes
of meetings are required for 90 days; GC
§34090.6
Community
Develop. /
Building &
Safety
CD-004 Board of Appeals
MINUTES, BYLAWS, RESOLUTIONS P Mag, Ppr GC §34090(a)
Community
Develop. /
Building &
Safety
CD-005 Building Permit Database Indefinite Yes (all) Mag Department Preference - Data is interrelated; GC §34090, H&S §19850
Community
Develop. /
Building &
Safety
CD-006 Building Plans - Cancelled or Withdrawn
After
Cancelled or
Withdrawn

Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Preliminary
drafts not retained in the ordinary course
of business; CBC §104.7; H&S§19850,
GC §34090
Community
Develop. /
Building &
Safety
CD-007 Building Plans - Expired P
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; CBC §104.7;
H&S§19850, GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 37
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-2
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Develop. /
Building &
Safety
CD-008 Building Plans - Finalled - TENANT
IMPROVEMENTS P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department Preference; Law requires for
the life of the building for commercial and
common interest dwellings only; CBC
104.7 & 107.5, H&S§19850, GC §34090
Community
Develop. /
Building &
Safety
CD-009
Building Plans - Finalled - INDUSTRIAL,

COMMERCIAL, MULTI-FAMILY DWELLINGS,

PLACES OF PUBLIC ACCOMMODATION
P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department Preference; Law requires for
the life of the building for commercial and
common interest dwellings only; CBC
104.7 & 107.5, H&S§19850, GC §34090
Community
Develop. /
Building &
Safety
CD-010
Building Plans - Finalled - SINGLE FAMILY
RESIDENTIAL - SFR and APPURTENANCES
Energy Calculations, Structural Calculations
P Yes (all)
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; State law
requires plans need not be filed for
dwellings less than 2 stories, garages &
appurtenances, farms/ranches, 1-story
with bearing walls less than 25'; CBC
requires 180 days from completion date;
CBC 104.7 & 107.5, H&S§19850, GC
§34090
Community
Develop. /
Building &
Safety
CD-011 California Building Codes / Uniform Building
Codes
Minimum
While
Ordinance is
in Force
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD GC §50022.6
Community
Develop. /
Building &
Safety
CD-012 Certificate of Occupancy (CofO) P Yes (all)
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD Department Preference; GC §34090
Community
Develop. /
Building &
Safety
CD-013
Copyright Release Forms / Requests &
Permissions to Receive Copies of Plans (to and
from Architects)
2 years
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Department Preference (kept with the
Building Permit file); GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 38
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-3
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Develop. /
Building &
Safety
CD-014 Correction Notices When Permit
is Finalled
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Department Preference (Preliminary
Drafts); GC §34090
Community
Develop. /
Building &
Safety
CD-015 Geotechnical and Soils Reports (all) P
Mag,
Mfr, OD,
Ppr
S/I Yes: After
QC & OD Department Preference; GC §34090
Community
Develop. /
Building &
Safety
CD-016 Plan Check Comments (Site Plan File) When Permit is Finalled
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Department Preference (Preliminary
Drafts); GC §34090
Community
Develop. /
Building &
Safety
CD-017 Stop Work Notices, Correction Notices After Permit is Finalled
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Department Preference (Preliminary
Drafts); GC §34090

CODE ENFORCEMENT & HOMELESS SERVICES
Community
Develop. / Code
Enforce.

CD-018
Code Enforcement / Abatement Case Files
(Includes appeals and Code Enforcement
Complaint Letters)
Minimum 5
years
Yes: Until
Resolution Mag, Ppr
Department preference (May have some
grant funding); 2 CFR 200.334; 24 CFR

91.105(h), 92.505, 570.490, &
570.502(a&b), 29 CFR 97.42; OMB
Circular A-110 & A-133; GC §34090
Community
Develop. / Code
Enforce.

CD-019 Code Enforcement Database Indefinite Yes (all) Mag Department Preference - Data is interrelated; GC §34090, H&S §19850
Community
Develop. / Code
Enforce.

CD-020 Homeless Services Minimum 5
years
Yes: Until
Resolution Mag, Ppr
Department preference (May have some
grant funding); 2 CFR 200.334; 24 CFR

91.105(h), 92.505, 570.490, &
570.502(a&b), 29 CFR 97.42; OMB
Circular A-110 & A-133; GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 39
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-4
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Develop. / Code
Enforce.

CD-021 Homeless Services GIS Layer / Database Indefinite Yes (all) Mag Department Preference - Data is interrelated; GC §34090, H&S §19850
Community
Develop. / Code
Enforce.

CD-022 Notice of Violations ./ Code Enforcement Citations Minimum 5 years
Mag,
Mfr, OD,
Ppr
S/I Yes: After
2 years
Department preference (May have some
grant funding); 2 CFR 200.334; 24 CFR

91.105(h), 92.505, 570.490, &
570.502(a&b), 29 CFR 97.42; OMB
Circular A-110 & A-133; GC §34090

PLANNING
Community
Develop. /
Planning
CD-023
Planning Projects - Discretionary & Ministerial
- Approved Permanent Entitlements & Permits
(Includes Associated CEQA Noticing, Conditions
of Approval, Environmental Determinations, Staff
Reports, Plans)
Examples:

Conditional Use Permits (CUPs)
Development Plan Review
General Plan / General Plan Amendments
Lot Line Adjustment
Master Plan
Rezones
Specific Plan
Tentative Subdivision Maps / Parcels Maps
Use Permits
Variance
Zoning Clearance (Temporary Events, Banners,
Home Occupation, etc.)
Zoning Ordinance / Updates
P Yes
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); GC§§34090,
34090.7
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 40
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-5
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Develop. /
Planning
CD-024 Annexations / Boundaries / Consolidations /

LAFCO P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Land Records; GC §34090
Community
Develop. /
Planning
CD-025 Census, Demographics
When No
Longer
Required
Mag, Ppr (Non-Records - Census Bureau is OFR)
Community
Develop. /
Planning
CD-026 Commercial Cannabis Business Permits Expiration + 10 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD GC §34090
Community
Develop. /
Planning
CD-027
Environmental Determinations: Environmental
Impact Reports (EIRs), Negative Declarations,
etc.) / CEQA
Correspondence and staff notes
Project
Approval or
Denial
+ 2 years
Mag, Ppr
Not all internal communications and
notes are required to be saved; "E-mails
that do not provide insight into the project
or the agency’s CEQA compliance with
respect to the project — are not within the
scope of section 21167.6, subdivision (e)
and need not be retained." Golden Door
Properties, LLC v. Superior Court of San
Diego County (County of San Diego, et
al., Real Parties in Interest) (53
Cal.App.5th 733); PRC 21167,6; GC
§34090
Community
Develop. /
Planning
CD-028
Environmental Determinations: Environmental
Impact Reports (EIRs), Negative Declarations,
etc.) / CEQA
Inside City boundaries - Where Planning is the
Lead
P
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Usually filed in the project file; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); GC §34090
Community
Develop. /
Planning
CD-029 General Plan, Elements and Amendments P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 41
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-6
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Develop. /
Planning
CD-030 Long Range Planning / Planning Studies P
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Usually filed in the project file; Final
environmental determinations are
required to be kept a "reasonable period
of time"; 14 CCR §15095(c); GC §34090
Community
Develop. /
Planning
CD-031 Master Plans, Specific Plans, Land Use Plans and Amendments P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090
Community
Develop. /
Planning
CD-032 Materials Boards
When No
Longer
Required
Mag, Ppr Preliminary drafts not retained in the
ordinary course of business; GC §34090
Community
Develop. /
Planning
CD-033 Planning Commission

AGENDAS & AGENDA PACKETS P
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Original Staff
Reports are filed in the project file; GC
§34090
Community
Develop. /
Planning
CD-034 Planning Commission
AUDIO or VIDEO RECORDINGS 2 years Mag
Department preference; Audio Required
for 30 days; GC §54953.5(b); video tapes
of meetings are required for 90 days; GC
§34090.6
Community
Develop. /
Planning
CD-035 Planning Commission
MINUTES, BYLAWS, RESOLUTIONS P Mag, Ppr GC §34090
Community
Develop. /
Planning
CD-036
Shopping Cart Containment Program (Retailers
plans to ensure shopping carts are not left in
neighborhoods)
After Retailer
is Out of
Business
Yes:

During
Event
Mag, Ppr Department preference; GC§§34090
Community
Develop. /
Planning
CD-037
Temporary Use Permits (TUP) / Temporary Signs
etc. (Approved & Unapproved)
Banner Permits, Christmas Tree Lots, Pumpkin
Lots, Single Season Agricultural Sales Permit,
Temporary Outdoor Promotion Permits, etc.

Expiration +
2 years
Yes:

During
Event
Mag, Ppr Department preference; GC§§34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 42
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 3.0 RECORDS RETENTION SCHEDULE: COMMUNITY DEVELOPMENT (Building, Code Enforcement, Planning)
Page CD-7
Office of
Record (OFR) Retention No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Develop. /
Planning
CD-038 Zoning Maps (Historically Significant) P Yes (all) Mag,
Mfr, OD,
Ppr
S No Department Preference; GC §34090
Community
Develop. /
Planning
CD-039 Zoning Ordinance Amendments / Zone Changes P Yes Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department Preference (copies); GC
§34090.7
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 43
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 1.0 RECORDS RETENTION SCHEDULE - COMMUNITY SERVICES Economic Development, Grants, Housing, Library, Parks & Recreation Page CS-1
Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

ECONOMIC DEVELOPMENT
Community
Services /
Economic
Develop.

CS-001 Economic Development Projects / Business
Recruitment and Retention
Minimum 2
years
Mag, Ppr Department Preference; GC §34090
et seq.

Community
Services /
Economic
Develop.

CS-001.1 Film Permits, Special Event Permits Expiration + 2 years
Yes:

During
Event
Mag, Ppr Department preference; GC§§34090
GRANTS
Lead Dept. CS-002 Grants (UNSUCCESSFUL Applications,
Correspondence) 2 years Mag, Ppr GC §34090
Lead Dept. CS-003
Grants / CDBG (Community Development Block
Grant) / Reimbursable Claims / FEMA
Reimbursements / OES Reimbursements
(SUCCESSFUL Reports, other records required to
pass the funding agency's audit, if required)
Applications (successful), grant agreement, copies
of invoices, program rules, regulations &
procedures, reports to grant funding agencies,
correspondence, audit records, completion records
After
Funding
Agency
Audit, if
required -
Minimum 5
years
Mag, Ppr
Meets auditing standards; Grants
covered by a Consolidated Action
Plan are required for 5 years; Uniform
Admin. Requirements for Grants to
Local Governments is 3 years from
expenditure report or final payment of
grantee or subgrantee; statewide
guidelines propose 4 years; 2 CFR
200.334; 24 CFR 91.105(h), 92.505,
570.490, & 570.502(a&b), 29 CFR

97.42; OMB Circular A-110 & A-133;
GC §34090

HOMELESS SERVICES / HOUSING / FORMER REDEVELOPMENT PROJECTS Community
Services /
Housing
CS-004 Housing Applications Rejected (First Time Home
Buyers, Life/Safety, Rehabilitation, HOME, etc.) 2 years Mag, Ppr GC §34090 EL CENTRO CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 44
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 1.0 RECORDS RETENTION SCHEDULE - COMMUNITY SERVICES Economic Development, Grants, Housing, Library, Parks & Recreation Page CS-2
Office of
Record
(OFR)
Retention
No. Records Description Total Retention Vital? Media Options Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper
after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Community
Services /
Housing
CS-005
Housing Programs: Affordable Housing Projects,
HOME, Rehabilitation, CDBG-funded Housing
Projects, etc.

WITH a Recapture / Resale Restriction
Send all Deeds to the City Clerk
5 years after
the
Affordability
Period
Terminates,
or the
Written
Agreement
Terminates,
Whichever is
Longer

Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
HUD requires 5 years after the project
completion; documents imposing
recapture / resale restrictions are 5
years after the affordability period
terminates; Uniform Admin.

Requirements for Grants to Local
Governments is 3 years from
expenditure report; statewide
guidelines propose 4 years; 2 CFR
200.334; 24 CFR 92.508(a)&(c) &
570.502(a)(16), 982.158, 884.214; 29
CFR 97.42, GC §34090
Community
Services /
Housing
CS-006
Housing Programs: CDBG-funded Housing
Projects, etc.

WITHOUT a Recapture / Resale Restriction
Send all Deeds to the City Clerk
Loan Pay-off
OR
Forgiveness
+ 5 years
Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
HUD requires 5 years after the
agreement terminates; Consistent with
Consolidated Plan Requirements;
Required for 3-4 years from
expenditure or performance report; 2
CFR 200.334; 24 CFR 92.508(a)&(c)
& 570.502(a)(16), 982.158, 884.214;
29 CFR 97.42, GC §34090
Community
Services /
Housing
CS-007
Redevelopment Plans, Redevelopment Projects
(Historical Records Only)
Send all Deeds to City Clerk
P Yes Mag, Mfr,
OD, Ppr S / I
Yes:

After QC
& OD
Department preference; GC §34090 et
seq.

Community
Services /
Housing
CS-008 Redevelopment Projects (Not Historical) 10 years Yes Mag, Ppr Department preference; GC §34090 et seq.

EL CENTRO CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 45
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-1 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

ACCOUNTING & FINANCIAL REPORTING
Finance /
Accounting &
Finanical
Reporting
FIN-001 _Financial Services Database (Tyler
Munis) Indefinite Yes Mag Data Fields / Records are interrelated; GC §34090
Finance /
Accounting &
Finanical
Reporting
FIN-002 Audit Work Papers When No Longer
Required Mag, Ppr Preliminary drafts / content not substantive; GC §34090 City Clerk FIN-003 Audits - Annual Financial Reports / Annual Consolidated Financial Report (ACFR)
Copies - When
No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Copies; GC §34090.7
Finance /
Accounting &
Finanical
Reporting
FIN-004
Audits - Single Audits, Grant Audits, IRS
Audits, Transportation Audits, PERS Audit,
etc.
5 years Mag, Ppr
Department Preference (meets
municipal government auditing
standards); GC §34090
Finance /
Accounting &
Finanical
Reporting
FIN-005
Bank Statements and Trustee Statements,
Fiscal Agent Statements, Investment
Account Statements, Bank Reconciliations
5 years Mag, Ppr
Department Preference; meets auditing
standards; GC §34090, 26 CFR 31.6001-
1 Finance /
Accounting &
Finanical
Reporting
FIN-006
Bonds & Bond Sales / Official Statements /
Transcripts / Certificates of Participations
(COPs) - Includes Continuing Disclosure
Reports
See Bank Statements for statement
retention.

Fully Defeased +
10 years
Yes: Until
Maturity Mag, Ppr
Department Preference; Statute of
Limitations for bonds, mortgages, trust
deeds, notes or debentures is 6 years;
Bonds issued by local governments are
10 years; There are specific
requirements for disposal of unused
bonds; CCP §§336 et seq. 337.5(a); 26
CFR 1.6001-1(e): GC §43900 et seq.

EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 46
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-2 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Accounting &
Finanical
Reporting
FIN-007 Checks / Warrants (Cashed) 5 years Mag, Mfr,
OD, Ppr S Yes: After QC & OD
Meets municipal government auditing
standards; GC § 34090
Finance /
Accounting &
Finanical
Reporting
FIN-008 Checks / Warrants (VOIDED) When No Longer
Required Mag, Ppr Preliminary drafts; GC §34090
Finance /
Accounting &
Finanical
Reporting
FIN-009 Escheat (Unclaimed money / uncashed
checks) 5 years Mag, Ppr
Department preference; All tangible
property held by government agencies
escheats after 3 years; Statute of
Limitations is 1 year for seized property;
CCP §§340(d), 1519; GC §34090
Finance /
Accounting &
Finanical
Reporting
FIN-010 Investment Reports & Backup 5 years Mag, Ppr Department Preference; GC §34090 Finance /
Accounting &
Finanical
Reporting
FIN-011
Investments / Investment Statements /
Certificate of Deposit / Investment Bonds
(Receipts / Advisor Reports / Trade
Tickets / LAIF (Local Agency Investment
Fund))
5 years Mag, Ppr
Department Preference; Meets auditing
standards; FTC Reg's rely on "selfenforcement"; GC§§ 34090, 43900 Finance /
Accounting &
Finanical
Reporting
FIN-012 Journal Entries / Journal Vouchers 5 years Mag, Ppr Department Preference; meets auditing
standards; GC §34090, 26 CFR 31.6001-
1 Finance /
Accounting &
Finanical
Reporting
FIN-013 OES / FEMA Claims 10 years Mag, Ppr
Department Preference (meets
municipal government auditing
standards); GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 47
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-3 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Accounting &
Finanical
Reporting
FIN-014
Reports, General Ledger, Subsidiary
Ledgers, Reconciliations, Registers,
Transaction Histories, Balance Sheets,
Revenue & Expenditure Reports, etc.
(FROM DATABASE - ANNUAL,

MONTHLY OR PERIODIC)
When No Longer
Required Mag, Ppr
Department preference (The Financial
System Database is the original; reports
are considered drafts or copies); GC
§34090
Finance /
Accounting &
Finanical
Reporting
FIN-015
Reports: Annual State or Federal: State
Controller's Report, Local Government
Compensation Report, Gas Tax, MOE
(Maintenance of Effort) Report, Street
Report, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; GC §34090
Finance /
Accounting &
Finanical
Reporting
FIN-016
Tax - Annual Tax Roll and Special
Assessments: Landscape and Lighting
Districts, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department Preference; Meets auditing
standards; GC §34090
Finance /
Accounting &
Finanical
Reporting
FIN-017 Tax - Sales Tax Reports (HdL) When No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Compilation of Non-Records /
Preliminary drafts used to project
revenue; GC §34090

FINANCE / ACCOUNTS PAYABLE & PURCHASING
Finance /
Accounts
Payable &
Purchasing
FIN-018 1099's / 1096's 5 years Mag, Ppr
Department Preference; IRS: 4 years
after tax is due or paid (longer for
auditing & contractor delinquency); Ca.

FTB: 3 years; 26 CFR §31.6001-1(e)(2),
R&T §19530, GC §34090; 29 USC 436
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 48
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-4 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Accounts
Payable &
Purchasing
FIN-019
Accounts Payable / Invoices and Backup /
Warrants / Refunds / Credit Card
Statements / P-Card Statements
(Includes Invoices, Travel Expense
Reimbursements, etc.)
5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; 5 years meets
municipal government auditing
standards and Statute of Limitations for
contracts; Purchasing preference for PCard Invoices (48 CFR 4.805 requires Federal Agencies to retain their
contracts, unsuccessful & successful
proposals 6 years after final payment);
CCP §337 et. seq.; GC §34090
Finance /
Accounts
Payable &
Purchasing
FIN-020 W-9s Vendor Inactive
+ 3 years
Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Meets IRS Auditing Standards (3 years
after the last payment to the vendor);
GC §34090

FINANCE / BUDGETING
City Clerk FIN-021 Budgets - Finals and Amendments
Copies - When
No Longer
Required
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Copies; GC §34090.7
Finance /
Budgeting FIN-022 Budgets Work Papers When No Longer Required Mag, Ppr Preliminary drafts; GC §34090

FINANCE / BUSINESS LICENSE & ACCOUNTS RECEIVABLE
Finance /
Business
License &
Accounts
Receivable
FIN-023
Accounts Receivable / Revenue / Business
Licenses / Our Invoices to Outside Entities:

Insurance Companies, Franchise Fees,
DUI Billing, Transient Occupancy Tax
(TOT), Auctions of Surplus Property, etc.
5 years Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets auditing
standards; GC §34090 et seq.

Finance /
Business
License &
Accounts
Receivable
FIN-024
Cash Receipts / Daily Cash Summaries /
Cashiers Reports / Cash Reports / Petty
Cash, etc.
5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets auditing
standards; GC §34090 et seq.

FINANCE / CUSTOMER SERVICE (UTILITY BILLING)
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 49
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-5 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Customer
Service
FIN-025 Bankruptcies - NOT pursued When No Longer
Required Mag, Ppr Preliminary drafts not retained in the ordinary course of business; GC §34090 Finance /
Customer
Service
FIN-026 Bankruptcies - Where a claim is filed 10 years Mag, Ppr Department Preference (negative
information remains on credit ratings for
7 years); GC §34090
Finance /
Customer
Service
FIN-027 Utilities - Application Signature Cards P
Yes: Until
Paid
Mag, Mfr,
OD, Ppr S / I Yes: After 1 year
Department Preference; GC §34090
Finance /
Customer
Service
FIN-028 Utilities - Collection Agency Assignments /
Unpaid Accounts 7 years Mag, Ppr
Department Preference; Negative credit
information remains on credit reports for
7 - 10 years; Meets auditing standards;
City does not Lien property (Liens are
good for 10 years from recording date,
and may be extended by re-recording
lien); WC 36729; GC §34090
Depart.

Providing
Service /
Work
FIN-029 Utilities - Meter Change Orders When No Longer
Required Mag, Ppr Department preference (Copies); GC §34090.7 Depart.

Providing
Service /
Work
FIN-030 Utilities - On & Off Orders When No Longer
Required Mag, Ppr Department preference (Copies); GC §34090.7 Finance /
Customer
Service
FIN-031
Utilities - Payment Stubs / Water Receipts
/ Utility Receipts (when payment is
submitted)
When No Longer
Required Mag, Ppr Department Preference (Preliminary Documents); GC §34090 et seq.

Finance /
Customer
Service
FIN-032 Utilities - Reports / Meter Reading Reports When No Longer Required Mag, Ppr
Department preference; Preliminary
drafts not retained in the ordinary
course of business (the database is the
original); GC §34090 et seq.

EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 50
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-6 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Customer
Service
FIN-033 Utilities - Service Billing Registers When No Longer Required Mag, Ppr
Department preference; Preliminary
drafts not retained in the ordinary
course of business (the database is the
original); GC §34090 et seq.

Finance /
Customer
Service
FIN-034 Utilities - Water Use Penalty Surcharge
Appeals (Level 1 and Level 2) 2 years Mag, Ppr GC §34090 et seq.

Finance /
Customer
Service
FIN-035 Water Billing: Appeals - Payment
Delinquency & Impending Discontinuation
When No Longer
Required
Mag, Ppr,
Mfr, OD S
Yes: After

QC & OD
Documented or attached to Customer
Record in database GC §34090; H&S
§116908
Finance /
Customer
Service
FIN-036
Water Billing: Non-payment Notices /
Notice of Payment Delinquency &
Impending Discontinuation (Initial, Final)
When No Longer
Required
Mag, Ppr,
Mfr, OD S
Yes: After

QC & OD
Documented or attached to Customer
Record in database GC §34090; H&S
§116908
Finance /
Customer
Service
FIN-037 Water Billing: NSF Checks / Adjustments
to Customer accounts
When No Longer
Required
Mag, Ppr,
Mfr, OD S
Yes: After

QC & OD
Documented or attached to Customer
Record in database GC §34090; H&S
§116908
Finance /
Customer
Service
FIN-038
Water Billing: Payment Plans:

Amortization, Alternative Payment Plans,
Deferrals, etc.

Expiration or
Completion of
Payment Plan
Mag, Ppr,
Mfr, OD S
Yes: After

QC & OD
Documented or attached to Customer
Record in database GC §34090; H&S
§116910
Finance /
Customer
Service
FIN-039 Water Billing: Policy on Discontinuation of
Residential Service for Nonpayment
When
Superseded;
Minimum 2 years
Mag, Ppr,
Mfr, OD S
Yes: After

QC & OD
Must post to Website; H&S §116906;
GC §34090
Finance /
Customer
Service
FIN-040 Water Billing: Report of Annual
Discontinuations of Residential Service Minimum 2 years Mag, Ppr, Mfr, OD S Yes: After

QC & OD
Must post to Website; H&S §116918;
GC §34090
Finance /
Customer
Service
FIN-041 Water: AutoPay Applications Account No
Longer Active Yes
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department preference; GC §34090

FINANCE / PAYROLL
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 51
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-7 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Payroll FIN-042 CalPERS Audit / PERS Audits 5 years Mag, Ppr Department preference; Meets
municipal government auditing
standards; GC §34090
Finance /
Payroll FIN-043
CalPERS Reports - PERS Reports Annual
Valuation Reports, Actuarial Valuation
Reports
5 years Mag, Ppr
Department preference; Meets
municipal government auditing
standards; GC §34090
Finance /
Payroll FIN-044
DE-6, DE-7, DE-9, DE-34, DE-43, W-3 &
DE-166, 941 Forms, PERS / FICA &
Medicare Adjustments - Quarterly Payroll
Tax Returns / OASDI, Federal Tax
Deposits, Adjustments, etc.
5 years Mag, Ppr
Department Preference; IRS: 4 yrs after
tax is due or paid; Ca. FTB: 3 years;
Articles show 7 years; IRS Reg
§31.6001-1(e)(2), R&T §19530; 29CFR
516.5 - 516.6, 29USC 436, GC §34090
Finance /
Payroll FIN-045 Employee Payroll Files - Includes Benefit Enrollments Separation + 5
years
Mag, Ppr
Department preference; Meets
municipal government auditing
standards; GC §34090
Finance /
Payroll FIN-046 Garnishments
Satisfied + 5
years, or
Separation of
Employee
Mag, Ppr GC §34090; 26 CFR 31.6001.1
Finance /
Payroll FIN-047 Payroll Reports - Periodic Bi-weekly
Payroll Report 5 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; Meets
municipal government auditing
standards; PERS Circular letter 200-051-
17; GC §34090
Finance /
Payroll FIN-048 Time Cards / Time Sheets (Includes Overtime and Meal Reimbursements) 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference; Meets auditing
standards (5 years); IRS requires 4
years; Ca. requires 2 yr min.; FTB keeps
3 years; Most Employees provide digital
signatures when they submit their
timecards, but some in Public Works
and Community Services do not
(another employee enters their time);
IRS Reg §31.6001-1(e)(2), R&T
§19530; LC § 1174(d); 29 CFR 516.5;
29 CFR 516.5 & 516.6(c); GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 52
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: FINANCE Page FIN-8 Office of
Record
(OFR)
Retention No. Records Description Total Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Finance /
Payroll FIN-049 W-2's 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference for Grant
Auditing Purposes; Meets municipal
government auditing standards; GC
§34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 53
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-1
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

FIRE ADMINISTRATION
Fire /
Admin. and
Police /
Admin. /
Chief
FR-001
Emergency Operations Plan (includes Office
of Emergency Management & Homeland
Security)
Minimum
Superseded
+ 2 years
Yes (all)
Mag,
Mfr, OD,
Ppr
S/I No GC §34090
Fire /
Admin. &
Police /
Admin.

FR-002 EOC Activations & Drills 10 years
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC Department Preference; GC §34090
Fire /
Admin. FR-003 Fire Incident RMS Database (Emergency
Reporting) Indefinite Yes Mag,
Ppr Data is interrelated; GC §34090 et seq.

Fire /
Admin. &
Police /
Admin.

FR-004
Hazardous Materials Reporting / DTSC
Reporting (Department of Toxic Substance
Control)
P
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC
Department Preference (City has "cradle to
grave" liability); 40 CFR 262.40, 8 CCR
3204(d)(1)(A), 22 CCR 66262.40; GC §34090
Fire /
Admin. FR-005 ISO Insurance Ratings 15 years Mag, Ppr
Department Preference (rated every 10 years);
GC §34090
Fire /
Admin. FR-006 Monthly Statistical Reports / Run Statistics When No
Longer
Required
Mag,
Ppr
Considered a preliminary draft / copy (the Fire
database is the original); GC §34090 et seq.

Fire /
Admin. FR-007 Programs and Projects (e.g. Cadet, CPR Program, Fire Service Day, etc.) Minimum 2
years
Mag,
Ppr Department Preference; GC § 34090 et seq.

Fire /
Admin. FR-008 Requests for Fire Incident Reports and Fire Investigation Reports 2 years Mag, Ppr GC §34090 Fire /
Admin. FR-009 Ride-A-Long Waivers 2 years Mag, Ppr GC §34090 Fire /
Admin. FR-010 Strike Team Reimbursement (OES / FEMA) 10 years Mag, Ppr Department Preference; GC §34090 EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 54
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-2
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Fire /
Admin. FR-011 Training Database (Target Solutions / Vector Solutions Separation +
5 years
Mag,
Mfr, OD,
Ppr
S
Yes: When
Inactive
Department preference; Ethics Training is 5
years; Statewide guidelines propose 7 years;
Calif. Labor Division is required to keep their
OSHA records 7 years; EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years for personnel actions; 8 CCR
§3203 et seq., 29 CFR 1627.3(b)(ii), LC
§6429(c); GC §§12946, 34090, 53235.2(b)

EMERGENCY MEDICAL SERVICES (PRIMARY CARE ONLY)
Fire / EMS FR-012 Controlled Substance Logs, Inventories / Ambulance Inventory Logs 3 years Yes Mag, Ppr
Department Preference - Controlled substances
are required for 2 years after inventory or
transaction; 21 CFR §1304.04, 1310.04; GC
§34090
Fire / EMS FR-013
Emergency Medical Database / e-PCR
Database / Electronic Patient Care Report
Database
Minimum 20
years
Yes Mag
Department preference when e-PCRs are stored
in the database (20 years for retention of
Juveniles and Pregnant Adults); GC §34090,
34090 et seq. CCP §340.5, GC §34090; H&S
§§1797.98(e) 123145; 42 CFR 482.24(b); 9 CCR
9444, 22 CCR 70751(c) & 71551(c); 22 CCR
70751(c), 71551(c), 73543(a), 74731(a),
75055(a), 75343(a), 77143(a), W&I 14124.1;
CMS Pub. 100-4, Chapter 1, Section 110.3
Fire / EMS FR-014 EMS Complaints / CQI (Continuous Quality Improvement) / Quality Assurance 3 years Mag, Ppr
Statute of Limitations for health providers is 3
years; 13 CCR 1100.7, CCP §340.5, GC §34090,
34090 et seq.

Fire / EMS FR-015 HIPAA Policies and Procedures (Health Insurance Portability and Accountability Act)
Superseded
+ 6 years
Mag,
Mfr, OD,
Ppr
S
Yes: After
QC & OD 24 CFR 164.530(j)
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 55
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-3
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Fire / EMS FR-016 Paramedic Continuing Education Rosters and Certificates 4 years
Mag,
Mfr, OD,
Ppr
S
Yes: After QC
& OD
Department preference; Paramedic Continuing
Education is required for 4 years by DPH; 8 CCR
§3204(d)(1) et seq., 8 CCR §3203 et seq., 29
CFR 1627.3(b)(ii), LC §6429(c); GC §§12946,
12960, 34090
Fire / EMS FR-017
Patient Care Reports / PCRs / Paramedic
Release Forms (EMS transportation) /
Consent Form with Assignment of Benefits:

ADULTS
Minimum 7
years
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Department Preference; adults required for 7
years; minors until 1 year after age 18, but not
less than 7 years; 10 years is recommended by
AHIMA for "healthcare providers"; Statute of
Limitations for health providers is 3 years; CCP
§340.5, GC §34090; H&S §§1797.98(e) 123145;
42 CFR 482.24(b); 9 CCR 9444, 22 CCR
70751(c) & 71551(c); 22 CCR 70751(c),
71551(c), 73543(a), 74731(a), 75055(a),
75343(a), 77143(a), W&I 14124.1; CMS Pub.
100-4, Chapter 1, Section 110.3
Fire / EMS FR-018
Patient Care Reports / PCRs / Paramedic
Release Forms (EMS transportation) /
Consent Form with Assignment of Benefits:

JUVENILES or PREGNANT ADULTS
Juvenile 19
years old -
Minimum 7
years
Mag,
Mfr, OD,
Ppr
S
Yes: After

QC & OD
Department Preference; adults required for 7
years; minors until 1 year after age 18, but not
less than 7 years; 10 years is recommended by
AHIMA for "healthcare providers"; Statute of
Limitations for health providers is 3 years; CCP
§340.5, GC §34090; H&S §§1797.98(e) 123145;
42 CFR 482.24(b); 9 CCR 9444, 22 CCR
70751(c) & 71551(c); 22 CCR 70751(c),
71551(c), 73543(a), 74731(a), 75055(a),
75343(a), 77143(a), W&I 14124.1; CMS Pub.
100-4, Chapter 1, Section 110.3
Fire / EMS FR-019 Subpoenas (Personal Appearance - EMS
Personnel) 2 years Mag, Ppr GC §34090

FIRE MARSHAL / FIRE PREVENTION
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 56
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-4
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Develop.

Services /
Building
FR-020 Development Review / Plan Review
Copies -
When No
Longer
Required
Mag,
Ppr Department Preference; GC § 34090 et seq.

Fire / Fire
Prevention FR-021
Fire Inspections / Business Inspection
Files / Occupancy Inspections /
Approvals, Fires, Modification /
Alternative Methods or Materials
Life of the
Structure or
Activity, or
Minimum 5
years,
Whichever
is Longer
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Required for the Life of
the Structure or Activity, or Minimum 5 years
whichever is longer for Approvals, Inspections,
Fires, Modification / Alternative Methods or
Materials; CFC §§ 104.6 – 104.6.4; GC §34090
Fire / Fire
Prevention FR-022 Fire Inspections / Citations / Notice of Violations
Minimum 2
years
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference; Not required for the Life
of the Structure or Activity, or Minimum 5 years
whichever is longer - only applies to Approvals,
Inspections, Fires, Modification / Alternative
Methods or Materials; CFC §§ 104.6 – 104.6.4;
GC §34090
Fire / Fire
Prevention FR-023 Fire Investigations - Arson & Capital Crimes Only P
Mag,
Mfr, OD,
Ppr
S / I Yes: After

QC & OD
Department preference (Capital Crimes have no
statute of limitations); GC §34090 et seq.

Fire / Fire
Prevention FR-024 Fire Investigations - OTHER Than Arson & Capital Crimes
Minimum 2
years
Mag,
Ppr Department preference; GC §34090 et seq.

Fire / Fire
Prevention FR-025 Fire Prevention Programs (Fire Prevention Week, etc.) Minimum 2
years
Mag,
Ppr Department Preference; GC § 34090 et seq.

Fire / Fire
Prevention FR-026
Permits: Construction Permits (Short Term
Uses / Temporary Uses): High Piled
Storage, Sprinkler Plans, etc.

Expiration of
Permit + 2
years
Yes: Before
Event
Mag,
Ppr GC §34090 et seq.

Fire / Fire
Prevention FR-027
Permits: Fire Code Permits / Special Event
Permits (assembly permits, candle permits,
tent permits, fire hydrant use, open flame,
etc.)
Expiration of
Permit + 2
years
Yes: Before
Event
Mag,
Ppr GC §34090 et seq.

EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 57
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE - FIRE Page FR-5
Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Fire / Fire
Prevention FR-028
Permits: Operational Permits (Long-term
operations): High Piled Storage, Sprinkler
Plans, etc.

Life of the
Structure or
Activity, or
Minimum 5
years,
Whichever
is Longer
Yes: Before
Event
Mag,
Mfr, OD,
Ppr
S / I Yes: After
QC & OD Department Preference; GC § 34090 et seq.

Fire / Fire
Prevention FR-029 Pre-Fire Plans When Superseded
Mag,
Ppr GC §34090 et seq.

Fire / Fire
Prevention FR-030 Public Information / Education (when produced internally) Minimum 2
years
Mag,
Ppr Department Preference; GC §34090
Fire / Fire
Prevention FR-031 Weed Abatement / Vegetation Abatement Minimum 2 years Mag,
Ppr Department Preference; GC §34090

STATIONS / OPERATIONS
Fire /
Stations FR-032 Station Log Books / Station Journals (kept at Fire Stations) Minimum 2
years
Mag,
Ppr Department preference GC §34090
Fire /
Stations FR-033
Vehicle Safety Checks, Daily Vehicle
Inspections, Daily Equipment checks, if Not
in Incident Database
Surplus + 2
years
Mag,
Ppr
Department Preference to be in compliance with
NFPA Standards for in-service automotive fire
apparatus; NFPA 1911.4.7.3 & Annex C.5; GC
§34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Do not duplicate or distribute without prior written permission Adopted:

2.b
Packet Pg. 58
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-1 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

HUMAN RESOURCES
Human
Resources HR-001
1095-C, 1094-C (Employer-Provided Health
Insurance Offer and Coverage & Transmittal
Form)
5 years Mag, Ppr
Department Preference; Instructions state
"Generally, keep copies of information
returns you filed with the IRS or have the
ability to reconstruct the data for at least 3
years, from the due date of the returns";
GC §34090
Human
Resources HR-002 Benefit Plan Documents (Optical, Dental, etc.) Duration of the
Contract + 6
years
Yes: For
Duration of
Contract
Mag, Ppr
EEOC / ADEA (Age) requires 1 year after
benefit plan termination; Federal law
requires 6 years after filing date for
retirement; State Law requires 2 years
after action; 29 CFR 1627.3(b)(2); 29 USC
1027; 11 CCR 560; 28 CCR 1300.85.1;
GC §34090
Human
Resources HR-003
Classification / Reorganization Studies (for
employee classifications and department
structures)
Minimum 3
years
Mag, Ppr
Department preference to cover longest
statute of limitations; Bureau of National
Affairs recommends 2 years for all
supplementary Personnel records; Wage
rate tables are 1 or 2 years; State requires
2 years; 29 CFR 516.6, 29 CFR 1602.14,
GC §§12946, 34090
Human
Resources HR-004 Compensation Surveys & Studies Minimum 3 years Mag, Ppr
Department preference to cover longest
statute of limitations; Bureau of National
Affairs recommends 2 years for all
supplementary Personnel records; Wage
rate tables are 1 or 2 years; State requires
2 years; 29 CFR 516.6, 29 CFR 1602.14,
GC §§12946, 34090
Human
Resources HR-005 Contracts for Investigators Completion + 5 years Yes: Before
Completion Mag, Ppr
Department preference; Statute of
Limitations for contractual obligations is 4
years; CCP §§337. 337.1(a), 337.15, 343;
GC §34090
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 59
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-2 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-006 COVID-19 Notifications to Employees 3 years Mag Ppr LC §6409.6(k), GC §34090 Human
Resources HR-007
Department of Fair Employment & Housing
(DFEH or EEOC) Claims / Harassment
Claims
Separation + 6
years
Mag, Ppr
Department preference to match the
retention for Personnel Files; All State and
Federal laws require retention until final
disposition of formal complaint; State
requires 2 years after "fully and finally
disposed"; 2 CCR 11013(c); GC §§12946,
34090
Human
Resources HR-008 DMV Pull Notices (ALL)
When
Superseded or
Upon
Separation
Mag, Ppr Department Preference; GC §34090
Human
Resources HR-009 Drug & Alcohol Test Results (All - Positives and Negatives) 5 years Mag Ppr Department preference; D.O.T. Requires 5
years for positive tests, 1 year for negative
tests; EEOC/FLSA/ADEA (Age) requires 3
years physical examinations; State Law
requires 2 years; 29 CFR 1627.3(b)(1)(v),
GC §§12946, 34090; 49 CFR 655.71 et
seq.; 49 CFR 382.401 et seq. 49 CFR
653.71
Human
Resources HR-010 Employee Investigations
Minimum
Separation + 3
years
Mag, Mfr,
OD, Ppr S
Yes: After

QC & OD
Department Preference; statute of
limitations for EEOC/FLSA/ADEA (Age)
requires 3 years for promotion, demotion,
transfer, selection, or discharge; State Law
requires 2 -3 years; 29 CFR 1602.31 &
1627.3(b)(1), GC §§12946, 34090;
Human
Resources HR-011 Employment Verifications
When No
Longer
Required
Mag, Ppr Non-records, content is not substantive;
GC §34090 et seq.

EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 60
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-3 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-012
Equal Opportunity Employment - EEOC
Reports (EEO-4 Reports) / EDD Reports
(Employment Development Department
Reports)
3 years Mag, Ppr 29 CFR 1602.30; 29 CFR 1602.31, 29
CFR 1602.32; GC §34090 et seq.

Human
Resources HR-013 Grievances Separation + 6 years
Mag, Mfr,
OD, Ppr S
Yes: After

QC & OD
Department Preference; statute of
limitations for retirement benefits is 6
years from last action; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; 29 CFR
1602.31 & 1627.3(b)(1), GC §§ 3105,
12946, 34090; LC 1198.5; 26 CFR 31-
6001-1; 53235.2(b); 53237.2(b)
Human
Resources HR-014 Harassment Prevention Training Certificates 5 years Mag, Mfr, OD, Ppr S Yes: After
QC'd & OD GC §§34090, 53237.2(b)
Human
Resources HR-015 I-9s Separation + 3 years
Mag, Mfr,
OD, Ppr S
Yes: After

QC & OD
Required for 1 year from termination or 3
years from hiring, whichever is later;
EEOC / FLSA / ADEA (Age) requires 3
years for "any other forms of employment
inquiry"; State Law requires 2 -3 years; 8
CFR 274a.2; 29 CFR 1627.3(b)(1); GC
§§12946, 34090
Human
Resources HR-016 Job Descriptions / Classification Specifications Minimum
Superseded +
3 years
Mag, Mfr,
OD, Ppr S / I Yes: After 1 year
Department preference;
EEOC/FLSA/ADEA (Age) requires 3 years
for promotion, demotion, transfer,
selection, or discharge; State Law requires
2 -3 years; retirement benefits is 6 years
from last action; 29 CFR 1602.31 &
1627.3(b)(1), 8 CCR §3204(d)(1) et seq.,
GC §§12946, 34090
Human
Resources HR-017 Labor Relations / Negotiations 10 years Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD Department preference; GC §34090 EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 61
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-4 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-018 OSHA Citations and Inspections 5 years Mag, Ppr OSHA requires 5 years; State law requires
2 years; 8 CCR §3203(b)(1), OMB 1220-
0029; GC §34090; LC §6429c
Human
Resources HR-019 OSHA Logs - 200, 300, 301, 301A 5 years Mag, Ppr OSHA requires 5 years; State law requires
2 years; 8 CCR 14300.33(a), 8 CCR
§3203(b)(1), GC §34090.7; LC §6429c
Human
Resources HR-020 Payroll Status Change Forms 5 years Mag, Mfr, OD, Ppr S / I Yes: After QC & OD Department preference (meets municipal
government auditing standards); GC
§34090
Human
Resources HR-021 Personnel Files - Background File
(SUCCESSFUL)
Separation + 6
years
Mag, Mfr,
OD, Ppr S / I Yes: After QC & OD
Department preference; 29 CFR 1602.31
& 1627.3(b)(ii), GC §§ 3105, 12946,
12960, 34090; 29 USC 1113
Human
Resources HR-022
Personnel Files - Employee File / Benefit
File (Main File)
Includes Application, Benefit Enrollments,
Evaluations, Policy Acknowledgements,
Personnel Evaluation Forms, W-4s etc.

Separation + 6
years
Mag, Mfr,
OD, Ppr S
Yes: After

QC & OD
Department Preference; statute of
limitations for retirement benefits is 6
years from last action; EEOC/FLSA/ADEA
(Age) requires 3 years for promotion,
demotion, transfer, selection, or discharge;
State Law requires 2 -3 years; W-4s are
required four years after the due date of
such tax for the return period to which the
records relate, or the date such tax is paid,
whichever is the later. 26 CFR 31-6001-1;
29 CFR 1602.31 & 1627.3(b)(1), GC §§
3105, 12946, 34090; LC 1198.5; 26 CFR
31-6001-1; 53235.2(b); 53237.2(b)
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 62
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-5 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources HR-023
Personnel Files - Medical File (all
employees)
Pre-employment Medical Clearances, ADA
Accommodations, Fit for Duty, Respirator Fit
Tests, etc.

Separation +
30 years or
Termination of
Benefits + 5
years
(whichever is
longer)
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S
Yes: After

QC & OD
Department preference; Files maintained
separately; Claims can be made for 30
years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., 8 CCR 5144, 8 CCR
15400.2; 29 CFR 1910.1020(d)(1)(i), GC
§§12946, 34090
Human
Resources HR-024
Recruitment and Testing File
(Includes Advertisements, Applications for
Unsuccessful Candidates, Background
Investigations, Interview Notes, Job
Brochures, Test Data, Testing Analysis &
statistical Metric, Job Analysis, Rating
Sheets, Scantrons, etc.)
Expiration of
Eligibility List
or Hiring
Decision + 4
years
Mag, Ppr
State Law requires 4 years; EEOC / FLSA
/ ADEA (Age) requires 1-3 years; 29 CFR
1627.3(b)(1), 29 CFR 1602.14 et seq.2
CCR 11013(c); GC §§12946, 34090
Human
Resources HR-025 Workers Compensation Claim Runs 5 years Mag Ppr Department preference (meets municipal
government auditing standards); GC
§34090
Human
Resources HR-026
Workers Compensation Claims / Long Term
Disability Claims (Includes all Accident,
Incident, or Injury Reports from Employees)
Separation +
30 years or
Termination of
Benefits + 5
years
(whichever is
longer)
Yes: Until
Separation
Mag, Mfr,
OD, Ppr S
Yes: After

QC & OD
Department preference; Files maintained
separately; Claims can be made for 30
years for toxic substance exposure; 8 CCR
§3204(d)(1) et seq., 8 CCR 5144, 8 CCR
15400.2; 29 CFR 1910.1020(d)(1)(i), GC
§§12946, 34090
Human
Resources /
Information
Technology
HR-027 Backups / Computer Backups (ALL)
When No
Longer
Required
Yes Mag.

Used for Disaster Recovery Purposes
Only; Considered a copy and can be
destroyed when no longer required; GC
§34090 et seq.

INFORMATION TECHNOLOGY
EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 63
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) Ver. 2.0 RECORDS RETENTION SCHEDULE: HUMAN RESOURCES Page HR-6 Office of
Record
(OFR)
Retention No. Records Description Total
Retention Vital? Media Options
Image:

I=Import
M=Mfr
S=Scan
Destroy
Paper after
Imaged &
QC'd?
Comments / Reference
If the record is not listed here, refer to the Retention for City-Wide Standards Retentions begin when the act is completed, and imply a full file folder (e.g. last document + 2 years), since destruction is normally performed by file folder.

HOLDS: Litigation, complaints, claims, public records act requests, audits and/or investigations suspend normal retention periods (retention resumes after settlement or completion).

Human
Resources /
Information
Technology
HR-028 Enterprise System Catalogue (Listing of
Enterprise-wide Software, posted on line)
When
Superseded Yes Mag. GC §34090 et seq.

Human
Resources /
Information
Technology
HR-029

UNALTERABLE MEDIA / IMMUTABLE
CLOUD MEDIA (WORM / DVD-r / CD-r /
Blue Ray-R) or other unalterable media that
does not permit additions, deletions, or
changes
P OD
For legal compliance for Trustworthy
Electronic Records (when the electronic
record serves as the official record); GC
34090, 12168.7, EVC 1550, CCR 22620 et
seq.

Human
Resources /
Information
Technology
HR-030
Video Recordings - Building Security, City
Operations
See City Clerk's schedule for City Council
Video Recordings
1 year Mag Records regular ongoing operations of the
City; GC §34090.6 et seq.

Human
Resources /
Information
Technology
HR-031
Video Recordings - Public Activity
See City Clerk's schedule for City Council
Video Recordings
When No
Longer
Required
Mag
Does NOT record regular ongoing
operations of the City; GC §34090.6 et
seq.

EL CENTRO, CA. ©1995-2022 Gladwell Governmental Services, Inc. - all rights reserved Do not duplicate or distribute without prior written permission from GGS (909) 337-3516 Adopted:

2.b
Packet Pg. 64
Attachment: Exhibit A (5836 : Records Retention Schedule for All City Departments) City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Award of Bid
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5806) DOC ID: 5806
Discussion and any necessary action regarding the award of the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue - Phase I - STPL-5169 (049)
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution No 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE EXTENSION OF IMPERIAL AVENUE FROM INTERSTATE 8

TO WAKE AVENUE AND WAKE AVENUE EAST OF IMPERIAL AVENUE - PHASE I - STPL-5169(049)
FISCAL IMPACT:

No impact to the General Fund
401-3209-710106 Federal STPL Funds $1,540,390.00
209-3209-710106 Farmer Estates Subdivision development fees $ 326,880.93 208-3209-710106 Desert Village Subdivision development fees $ 164,846.58 202-3209-710106 SB1 RMRA $ 165,011.94
202-3209-710106 SB1 RMRA (10% contingency) $ 219,713.00 Total $ 2,416,842.45
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure, Action 2.3: Construct the Imperial Avenue extension between Interstate 8 and McCabe Road including Wake Avenue extension from Imperial Avenue to Cypress Avenue.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Contractor has a current City Business License, Contractor A License and has done work for the City of El Centro in the past.

BACKGROUND:

Caltrans has recently completed construction of the new Imperial Avenue/Interstate 8 interchange, which will now allow the City to connect Imperial Avenue south of I-8.

The City will be extending S. Imperial Avenue to Wake Avenue, and extending Wake Avenue east and west of S. Imperial Avenue as part of Phase I of the Imperial Avenue Extension Project. This Phase I project is to include a new roadway from the new I-8 Interchange to Wake Avenue and the westerly extension of Wake Ave. to create a new S. Imperial / Wake Ave. Intersection.

S. Imperial Avenue will be extended to McCabe Road, with intersections located at 3 Packet Pg. 65
Action Item (ID # 5806) Meeting of February 7, 2023
Danenberg Drive, Manuel Ortiz Avenue, and Valleyview Avenue in subsequent project phases.

City Staff has applied for and successfully been awarded additional funding through the FHWA Highway Improvement Program ("HIP") and the FHWA Surface Transportation Block Grant for a total amount of $1,540,390 for construction of the Phase I portion of S.

Imperial Avenue extension.

On June 21st 2022 the City of El Centro City Council approved plans and specifications and authorized staff to release for bidding.

On November 4th, 2022 the City advertised the project in combination with the Extension of Imperial Avenue from Wake Avenue to Danenberg Drive - Phase II - STBGL - 5169 (054). The Notice of Inviting Bids advertised the low bidder would be selected based on the combined total base bid of both projects.

A Pre-Bid meeting was held on November 17, 2022 with six (6) potential bidders attending.

DISCUSSION:

The Bid Opening was held on December 15, 2022, three (3) bids were submitted.

After the review and bid tabulation, the bid results are as follows:

Total Combined Base Bid (Phase I and Phase II):

Pyramid Construction and Aggregates, Inc.: $5,345,267.94 Rove Engineering: $6,507,824.15
Hazard Companies: $7,061,840.00
City of El Centro staff has determined Pyramid Construction & Aggregates to be the lowest responsive bidder and recommends the award of both Phase I and Phase II projects to Pyramid Construction Aggregates.

Phase I is proposed to be awarded in the amount of $2,197,129.45. Phase II is being awarded via separate Council action.

Tentative Schedule
Council Award - January 17, 2023
Estimated Start Date - March 06, 2023
Estimated Completion Date (200 working days) - December 20, 2023 CONCLUSION:

Adopt resolution No 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE EXTENSION OF IMPERIAL AVENUE FROM INTERSTATE 8

TO WAKE AVENUE AND WAKE AVENUE EAST OF IMPERIAL AVENUE - PHASE I - STPL-5169(049)
HISTORY:
01/17/23 City Council NO ACTION
3 Packet Pg. 66
Action Item (ID # 5806) Meeting of February 7, 2023
ATTACHMENTS:
• STPL-5169 (049) Resolution 23 - (PDF)
3 Packet Pg. 67
12/2022/liz/A22-0254/Reso/Imperial_Ave_Phase_I_Award/Pyramid RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE EXTENSION OF
IMPERIAL AVENUE FROM INTERSTATE 8 TO WAKE AVENUE
AND WAKE AVENUE EAST OF IMPERIAL AVENUE – PHASE I
– STPL-5169 (049)
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, and the notice inviting bids has been advertised as required by section 2-185.15 of the City of El Centro Municipal Code for the EXTENSION OF IMPERIAL AVENUE FROM INTERSTATE 8 TO WAKE AVENUE AND WAKE AVENUE EAST OF IMPERIAL AVENUE – PHASE I – STPL-5169 (049) (“the Project”); and

WHEREAS, it was advertised the low bidder would be selected based on the Combined Total Base Bid of both the Project and Extension of Imperial Avenue from Wake Avenue to Danenberg Drive – Phase II – STBGL -5169(054).

WHEREAS, bids for the Project and Extension of Imperial Avenue from Wake Avenue to Danenberg Drive – Phase II – STBGL -5169(054) were received and opened on December 15, 2022, in accordance with law and the Director of Public Works/City Engineer has made a report thereon; and
WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer and, as a result, has determined that three (3) firms submitted a bid for the Project and for the Extension of Imperial Avenue From Wake Avenue to Danenberg Drive – Phase II – STBGL -5169(054) with Pyramid Construction and Aggregates Inc., an active California corporation, submitting the lowest responsive and responsible total combined base bid in the amount of Five Million Three Hundred Forty-Five Thousand Two Hundred Sixty-Seven dollars and Ninety-Four cents ($5,345,267.94) as calculated based on unit prices; and.

WHEREAS, the City Council has determined to award Two Million One Hundred NinetySeven Thousand One Hundred Twenty-Nine dollars and Forty-Five cents ($2,197,129.45) as calculated based on unit prices for the Project; and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

2. That the City Council hereby accepts the bid of Pyramid Construction and Aggregates Inc. and rejects all other bids for the Project.

3.a
Packet Pg. 68
Attachment: STPL-5169 (049) Resolution 23 - (5806 : S. Imperial Ave. Extension Phase I STPL-5169 (049) - Award) 12/2022/liz/A22-0254/Reso/Imperial_Ave_Phase_I_Award/Pyramid

3. That the City Manager is hereby authorized to sign a contract for the Project in the total amount of Two Million One Hundred Ninety-Seven Thousand One Hundred TwentyNine dollars and Forty-Five cents ($2,197,129.45), a copy of which is on file in the Office of the City Clerk, on behalf of the City.

4. That the City Council hereby establishes a construction contingency fund of Two Hundred Nineteen Thousand Seven Hundred Thirteen dollars ($219,713.00) for the Project.

5. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of Two Hundred Nineteen Thousand Seven Hundred Thirteen dollars ($219,713.00) individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.

6. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders, exceed the amount established as the construction contingency fund for the Project as set forth herein.

7. That the contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

CITY OF EL CENTRO
By
Martha Cardenas-Singh, Mayor
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney

3.a
Packet Pg. 69
Attachment: STPL-5169 (049) Resolution 23 - (5806 : S. Imperial Ave. Extension Phase I STPL-5169 (049) - Award) 12/2022/liz/A22-0254/Reso/Imperial_Ave_Phase_I_Award/Pyramid

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT: ABSTAINED:

By
Norma Wyles, City Clerk

3.a
Packet Pg. 70
Attachment: STPL-5169 (049) Resolution 23 - (5806 : S. Imperial Ave. Extension Phase I STPL-5169 (049) - Award) City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Award of Bid
Prepared By: Felix De Leon
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 5611) DOC ID: 5611
Discussion and any necessary action regarding the award of the Extension of Imperial Avenue from Wake Avenue to
Danenberg Drive - Phase II - STBGL 5169 (054)
CITY MANAGER’S RECOMMENDATION:

Adopt resolution No 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE EXTENSION OF IMPERIAL AVENUE FROM WAKE AVENUE TO DANENBERG DRIVE - PHASE II - STBGL-5169 (054)
FISCAL IMPACT:

No impact to the General Fund
401-3252-710106 Federal STPL Funds $2,998,682.00
208-3209-710106 Desert Village Subdivision development fees $ 149,456.49 208-3209-710106 Desert Village Sub. Div. Dev. Fees (10% contingency) $314,814.00 Total $ 3,462,952.49
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure, Action 2.3: Construct the Imperial Avenue extension between Interstate 8 and McCabe Road including Wake Avenue extension from Imperial Avenue to Cypress Avenue.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

Contractor has a current City Business License, Contractor A License and has done work for the City of El Centro in the past.

BACKGROUND:

Caltrans has recently completed construction of the new Imperial Avenue/Interstate 8 interchange, which will now allow the City to connect Imperial Avenue south of I-8.

The City will be extending S. Imperial Avenue to Wake Avenue, and extending Wake Avenue east and west of S. Imperial Avenue as part of Phase I of the Imperial Avenue Extension Project.

This Phase II project is to include a new roadway from Wake Avenue to Danenberg Dr. and the westerly extension of Danenberg Dr. to Imperial Ave.

S. Imperial Avenue will continue to extended to McCabe Road, with intersections located at Manuel Ortiz Avenue, and Valleyview Avenue in subsequent project phases.

City Staff has applied for and successfully been awarded additional funding through the 4 Packet Pg. 71
Action Item (ID # 5611) Meeting of February 7, 2023
FHWA Surface Transportation Block Grant for a total amount of $2,998,682 for construction of the Phase II portion of S. Imperial Avenue extension.

On June 21st 2022 the City of El Centro City Council approved plans and specifications and authorized staff to release for bidding.

On November 4th, 2022 the City advertised the project in combination with the S.

Imperial Ave. Extension Phase I STPL-5169 (049). The Notice of Inviting Bids advertised the low bidder would be selected based on the combined total base bid of both projects.

A Pre-Bid meeting was held on November 17, 2022 with six (6) potential bidders attending.

DISCUSSION:

The Combined Bid Opening was held on December 15, 2022, three (3) bids were submitted. After the review and bid tabulation, the bid results are as follows:

Total Combined Base Bid:

Pyramid Construction and Aggregates, Inc.: $5,345,267.94 Rove Engineering: $6,507,824.15
Hazard Companies: $7,061,840.00
City of El Centro staff has determined Pyramid Construction & Aggregates to be the lowest responsive bidder and recommends the award of both Phase I and Phase II projects to Pyramid Construction Aggregates.

This Phase II project is proposed to be awarded in the amount of $3,148,138.49. Phase I is proposed to be awarded via separate Council action.

Tentative Schedule
Council Award - January 17, 2023
Estimated Start Date - March 06, 2023
Estimated Completion Date (200 working days) - December 20, 2023 CONCLUSION:

Adopt resolution No 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A

CONTRACT FOR THE EXTENSION OF IMPERIAL AVENUE FROM WAKE AVENUE TO DANENBERG DRIVE - PHASE II - STBGL-5169 (054)
HISTORY:
01/17/23 City Council NO ACTION
ATTACHMENTS:
• STBGL 5169 (054) Reso 23- (PDF)
4 Packet Pg. 72
12/2022/liz/A22-0254/Reso/Imperial_Ave_Phase_I_Award/Pyramid RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE

EXECUTION OF A CONTRACT FOR THE EXTENSION OF
IMPERIAL AVENUE FROM WAKE AVENUE to DANENBERG
DRIVE – PHASE II – STBGL-5169 (054)
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California and the notice inviting bids has been advertised as required by section 2- 185.15 of the City of El Centro Municipal Code for the EXTENSION OF IMPERIAL AVENUE FROM WAKE AVENUE to DANENBERG DRIVE – PHASE II – STBGL-5169 (054) (“the Project”); and
WHEREAS, it was advertised that the low bidder would be selected based on the Combined Total Base Bid of both the project and Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue – Phase I STPL-5169 (049); and WHEREAS, bids for both this Phase II Project and for the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue – Phase I STPL-5169 (049) were received and opened on December 15, 2022, in accordance with law and the Director of Public Works/City Engineer has made a report thereon; and WHEREAS, based upon the funding sources for the Projects, Phase I and Phase II shall be approved by separate resolutions; and
WHEREAS, the City Council has considered the report of the Director of Public Works/City Engineer and, as a result, has determined that three (3) firms have submitted a bid for the Project and for the Extension of Imperial Avenue from Interstate 8 to Wake Avenue and Wake Avenue East of Imperial Avenue – Phase I STPL-5169 (049) with Pyramid Construction and Aggregates Inc., an active California corporation, submitting the lowest responsive and responsible total combined base bid in the amount of Five Million Three Hundred Forty-Five Thousand Two Hundred Sixty-Seven dollars and Ninety-Four cents ($5,345,267.94) as calculated based on unit prices; and
WHEREAS, the City Council has determined to award the Project to Pyramid Construction and Aggregates for Phase II in the amount of Three Million One Hundred Forty-Eight Thousand One Hundred Thirty-Eight dollars and Forty-Nine cents ($3,148,138.49) as calculated based on unit prices for the Project; and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interest of the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

1. That the foregoing is true, correct and adopted.

4.a
Packet Pg. 73
Attachment: STBGL 5169 (054) Reso 23- (5611 : S. Imperial Ave. Extension Phase II STPL-5169 (054) - Award) 12/2022/liz/A22-0254/Reso/Imperial_Ave_Phase_I_Award/Pyramid

2. That the City Council hereby accepts the bid of Pyramid Construction and Aggregates Inc. and rejects all other bids for the Project.

3. That the City’s City Manager is hereby authorized to sign a contract for the Project in the total amount of Three Million One Hundred Forty-Eight Thousand One Hundred Thirty-Eight dollars and Forty-Nine cents ($3,148,138.49), a copy of which is on file in the Office of the City Clerk, on behalf of the City.

4. That the City Council hereby establishes a construction contingency fund of Three Hundred Fourteen Thousand Eight Hundred Fourteen dollars ($314,814.00) for the Project.

5. That the City Manager is further authorized to approve and execute any change orders for the Project up to a single change order amount of Three Hundred Fourteen Thousand Eight Hundred Fourteen dollars ($314,814.00) individually or collectively, as needed for unanticipated construction contingencies and is required to report all change orders to the City Council as soon as practical.

6. That the City Council shall approve any change order that either individually exceeds the single change order amount or in combination with other approved change orders, exceed the amount established as the construction contingency fund for the Project as set forth herein.

7. That the contract for the Project shall be reviewed and approved as to form by the City Attorney prior to execution and placed on file in the Office of the City Clerk.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the day of , 2023.

CITY OF EL CENTRO
By
Martha Cardenas-Singh, Mayor
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney

4.a
Packet Pg. 74
Attachment: STBGL 5169 (054) Reso 23- (5611 : S. Imperial Ave. Extension Phase II STPL-5169 (054) - Award) 12/2022/liz/A22-0254/Reso/Imperial_Ave_Phase_I_Award/Pyramid By
Elizabeth L. Martyn, City Attorney

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

CITY OF EL CENTRO )
I, Norma Wyles, City Clerk of the City of El Centro, California, do hereby certify that the forgoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT: ABSTAINED:

By
Norma Wyles, City Clerk

4.a
Packet Pg. 75
Attachment: STBGL 5169 (054) Reso 23- (5611 : S. Imperial Ave. Extension Phase II STPL-5169 (054) - Award) City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Authorization
Prepared By: Clara Obeso
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5784) DOC ID: 5784
Discussion and necessary action related to proposals
received for Community Development Block Grant (CDBG)
Program Year 2023-2024
CITY MANAGER’S RECOMMENDATION:

Discussion and necessary action related to proposals received for CDBG Program Year 2023-2024.

FISCAL IMPACT:

The City's estimated allocation for the Community Development Block Grant Program year 2023-2024, funded by Housing and Urban Development Department (HUD) is $563,294. The City also anticipates receiving approximately $14,000 in Program Income funds generated by previous State awarded grants.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4 Recreation & Lifelong Learning
Goal #5 City Beautification, Engagement & Civic Pride
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

The CDBG Citizen Participation Plan requires staff to prepare and publish a Request for Proposals (RFP) wherein the community and City departments are invited to submit projects and programs for funding consideration. Staff conducted the RFP process from November 21, 2022 to January 17, 2023, in order to prepare the 2023-2024 Annual Action Plan. Two publicly noticed meetings were conducted; one at the El Centro Adult Center on November 21, 2022, one resident was in attendance, and a second meeting at the El Centro Council Chambers on December 12, 2022, no residents were in attendance.

Additionally, the Request or Proposal packet was mailed to an established list of NonProfit organizations located in El Centro and the information was posted on the City's website.

DISCUSSION:

As previously mentioned, organizations were invited to submit proposals that could potentially be funded through the CDBG program. A total of ten (10) proposals were submitted as follows:
• Five (5) for Public Services (including Fair Housing); • One (1) for Public Facilities/Infrastructure;
5 Packet Pg. 76
Action Item (ID # 5784) Meeting of February 7, 2023
• Three (2) for Housing Activities;
• One (1) for Program Administration; and
• One (1) for Code Enforcement.

Included with this agenda item is a summary of all proposals received.

Any proposal being considered for funding must meet one of the three National Objectives set by the Department of Housing and Urban Development (HUD) as follows:
(1) Benefit at least 51% low and moderate-income persons (2) Aid in the prevention or elimination of slum or blight (3) Meet other community development needs having a particular urgency As part of this agenda presentation, staff will be asking the Council to determine which projects and/or programs are to be funded and for how much. Staff will be providing information on the eligible proposals, proposal-funding requests, past performance of the applicant, and a staff evaluation of the proposal and applicant. As Council considers how to allocate funding, two (2) CDBG program limitations need to be considered. The first is the 20% cap in funding for Program Administration and the second is the 15% cap on funding for Public Services. These are both federally mandated funding caps.

The amounts allocated toward these activities will be based on an estimate of annual funding to be received for the 2023-2024 Fiscal Year. If the amount actually received is less than estimated, the funding allocations for Public Services and Program Administration will be reduced to ensure compliance with the respective funding caps for these activities.

CONCLUSION:

Staff recommends the approval of activities and funding levels as shown on the attached summary.

The draft Annual Action Plan will be available for public comment from April 5, 2023, at which time it will be brought back to City Council for approval. The public comment period for the Annual Action Plan is from April 5, 2023 to May 5, 2023. After the 30-day comment period ends, City Staff will submit the Final Annual Action Plan to HUD by no later than May 12, 2023.

ATTACHMENTS:
• Public Service Accomplishments (PDF)
• 2023-24 Summary of Proposals and Recommendations (PDF) 5 Packet Pg. 77

PUBLIC SERVICES

ACCOMPLISHMENTS
2019-2022

5.a
Packet Pg. 78
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 0 0 25 0
Actual Served 0 0 9 0
0 5
10 15
20 25
30 Projected
Actual Served

SURE HELPLINE CENTER
FUNDS

REQUESTED/RECEIVED/EXPENDED
2019
Did not apply
2020
Did not apply
2021
$83,846 / $7,021 / $7,021
2022
Did not apply
2 5.a
Packet Pg. 79
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 3 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 60 60 60 66
Actual Served 62 76 62
0 100
200
300
Projected
Actual Served

SENIOR NUTRITION
FUNDS

REQUESTED/RECEIVED/EXPENDED
2019
$12,000 / $12,000 / $12,000
2020
$12,000 / $12,000 / $12,500
2021
$12,000 / $12,180 / $12,180
2022
$12,000 / $11,885 / $0.00

5.a
Packet Pg. 80
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 4 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 0 0 165 250
Actual Served 0 0 0 0
0 100
200
300
Projected
Actual Served

HOMELESS DAY CENTER
FUNDS

REQUESTED/RECEIVED/EXPENDED
2019
Did not apply
2020
Did not apply
2021
$250,000 / $7,680 / $0.00
2022
$14,352 / $8,140 / $0.00

5.a
Packet Pg. 81
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals 5 2019-
2020
2020-
2021
2021-
2022
2022-
2023
Projected 500 100 0 700
Actual Served 157 141 0
0 100
200
300
Projected
Actual Served
El CENTRO PAL
FUNDS

REQUESTED/RECEIVED/EXPENDED
2019
$20,000 / $7,500 / $7,500
2020
$17,000 / $16,646 /$16,646
2021
Not Funded
2022
$10,000 / $8,043 / $25

5.a
Packet Pg. 82
Attachment: Public Service Accomplishments (5784 : 2023-2024 CDBG Proposals Summary List of CDBG Project Proposals Received for Program Year 2023-24 Name of Organization Program Description Amount
Requested
Recommended
Allocation
Final allocation Budget Items Target
Category
Type of People
Served
Proposed
Number of
People to be
Served

PUBLIC SERVICES
Community Services Dept. - Fair
Housing Program
Promote Fair Housing Activities
*Required Activity $ 47,250 $ 47,250 $ 47,250 Fair Housing services in areas with high portion of low/moderate income Public Services Low/Mod persons 400
Sub-Total $ 47,250 $ 47,250 $ 47,250 Required allocation amount Catholic Charities -
Senior Nutrition Program Food delivery to homebound seniors $ 25,000 $ 12,000 Staffing, supplies & miscellaneous: Personnel expenses ($5,000), Supplies ($2,000), Miscellaneous ($18,000)
Recommendation: Minimum of 80% of allocation be utilized for purchase of food
Public Services Low/mod
Senior Citizens 250
Catholic Charities -
Homeless Day Center
Day center designed to cater to the homeless.

Center will provide shelter, bathrooms and
showers, laundry, and supportive services.
$ 25,000 $ 12,000
Staffing, consultant, utilities, equipment & supplies, travel, consulting services: Personnel expenses ($5,000), Utilities ($5,000), Equipment ($1,000), Supplies ($14,000)
Homeless Low/Mod
persons
250
Sure Helpline Center -
Safe Haven
Sheltering of Domestic Violence victims,
counseling, crisis intervention, legal services $ 51,600 $ 5,344 Crisis intervention, counseling, legal advocacy for domestic violence victims and their children. Miscellaneous ($51,600) Public Services Low/Mod persons 48 El Centro PAL
Recreational programs & activities including
soccer, boxing, martial arts, golf, fishing,
bowling, tutoring, and mentoring.
$ 10,000 $ 10,000 Utilities ($5,000), Insurance ($2,000), Equipment ($2,000), & Supplies (2,000) At-risk youth Low/Mod persons
600
Sub-Total $ 111,600 $ 39,344 $ -
CDBG Sidewalks $ 280,250 $ 280,242 Construction costs Infrastructure Low/Mod area Sub-Total $ 280,250 $ 280,242 $ -

HOUSING ACTIVITIES
Community Services Dept. Lead Based Paint $ 5,000 $ 5,000 Reduction or elimination of lead-based paint hazards on rehabilitated properties
Lead based paint
hazards
Low/Mod
Households 1
Community Services Dept. Asbestos Removal $ 10,000 $ 10,000 Asbestos testing and/or abatement for rehabilitated homes through the City's Housing Rehabilitation program Housing activities Low/Mod Households 1 Sub-Total $ 15,000 $ 15,000 $ -
Community Development Dept. Code Enforcement Program $ 80,000 $ 80,000 Temporary staffing, legal fees, training, dues and memberships, and office supplies Code Enforcement Low/Mod Area 100
Sub-Total $ 80,000 $ 80,000 $ -

PROGRAM ADMINISTRATION
Community Services Dept. Program Administration $ 115,458 $ 115,458 Personnel & associated costs for administration of CDBG Program Program Admin Sub-Total $ 115,458 $ 115,458 $ -
Total of Proposals Received $ 649,558 $ 577,294 $ 47,250 $ 563,294 Estimated CDBG Allocation
$ 14,000 Estimated Program Income
$ 577,294 Total Funding Available
Allocation not to exceed $116,124 ($113,324 Entitlement and $2,800 Program Income) Allocations not to exceed $39,344 ($37,244 Entitlement and $2,100 Program Income) *amended based on alloc.

CODE ENFORCEMENT

PUBLIC FACILITIES & INFRASTRUCTURE

5.b
Packet Pg. 83
Attachment: 2023-24 Summary of Proposals and Recommendations (5784 : 2023-2024 CDBG Proposals City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Authorization
Prepared By: Aimee Osuna
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5834) DOC ID: 5834
Discussion and related action regarding the approval of Bid Documents for Parks Division Yard Improvements Project
CITY MANAGER’S RECOMMENDATION:

Approve Bid Documents for the Parks Division Yard Improvements Project and Authorize the Community Services Department to send project out to bid.

FISCAL IMPACT:

The estimated cost for the Parks Division Yard Improvements Project is $437,000. A total of $437,000 of Measure P Funds were allocated for this project. Thus this project will not impact the General Fund.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation & Lifelong Learning - Offer opportunities for recreation and lifelong learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

The due diligence process will be completed after bid opening.

BACKGROUND:

The Parks Division Yard is located within Bucklin Park and is accessed via the alley west of the park. The existing Restroom, Break Room, Warehouse and other Storage facilities within the Yard are dilapidated primarily due to age and lack of improvements through out the years. Two small wooden storage sheds were on the brink of collapse and have been demolished by staff. The large metal warehouse building lacks a concrete slab and the restroom and break room facilities are in disrepair and are not ADA complaint.

DISCUSSION:

The scope of work for the Parks Division Yard Improvements Project includes the construction of a new 16' x 40' Prefabricated Metal Storage Building, 28' x 30' metal carport/work area, 40' x 80' concrete slab inside of existing metal warehouse building and the renovation of the existing Restroom and Break Room facilities to include Shower and Locker area.

CONCLUSION:

It is staffs recommendation that the City Council approve the Bid Documents and authorize staff to send project out for bid.

ATTACHMENTS:
• Parks Division Yard Improvement Project Construction Plans (PDF) • 00067629 Final Bid Documents (PDF)
6 Packet Pg. 84
SEE ENLARGED SITE PLAN ON SHEET A-2 Playground N.T.S. TRATSFINISH Restrooms Ross Ave. Aurora Ave. 8th Street Ramada Restrooms Ramada Duck Pond V Bridge eterans Memorial Parking Lot A Parking Lot D Parking Lot C Parking Lot B Pavilion Walking Path Park Dept. Maintenance Yard Alley Pond Pumps Monument R Sign amada Duck Pond Ramada OVERALL SITE PLAN 1. HVAC CONTRACTOR SHALL SUBMIT LAYOUT DESIGN DRAWINGS AND LOAD CALCULATIONS OF HVAC SYSTEM TO BUILDING OFFICAL FOR APPROVAL. 5. DESIGN DISTRIBUTION SYSTEMS WITH LOWER VELOCITIES TO REDUCE PRESSURE DROP AND NOISE. SEAL AND INSULATE DUCT SYSTEMS LOCATED OUTSIDE THE BUILDING THERMAL ENVELOPE 4. SPECIFY UNITS THAT MEET THE CONSORTIUM FOR ENERGY EFFICIENCY TIER 2 EFFICIENCY STANDARDS AND INCORPORATE PREMIUM EFFICIENCY FAN MOTORS, THERMOSTATIC EXPANSION VALVES, AND FACTORY INSTALLED AND RUN TESTED ECONOMIZERS. 3. SELECT UNIT SIZE AND AIRFLOW BASED ON CALCULATED SENSIBLE LOADS WITHOUT OVERSIZING. CONSIDER INCREASING UNIT FLOW RATE TO IMPROVE SENSIBLE CAPACITY IN DRY CLIMATES. 2. SIZE UNITS APPROPRIATELY USING ACCA MANUALS J, S, D, T OR AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDITIONING ENGINEERS, INC. (ASHRAE) APPROVED METHODS THAT ACOUNT FOR THE ENERGY EFFICIENCY STRATEGIES IMPLEMENTED IN THE DESIGN, AND USE REASONABLE ASSUMPTIONS ON PLUG LOAD POWER AND VENTILATION AIR QUANTITIES WHEN SIZING EQUIPMENT. 6. SPECIFY COMMERCIAL GRADE THERMOSTATS WITH THE CAPABILITY TO SCHEDULE FAN OPERATION AND HEATING AND COOLING SETPOINTS INDEPENDANTLY. 7. COMMISION THE SYSTEMS PRIOR TO OCCUPANCY THROUGH A COMBINATION OF CHECKLISTS AND FUNCTIONAL TESTING OF EQUIPMENT CONTROL, ECONOMIZER OPERATION, AIRFLOW RATE AND FAN POWER. HEATING/ AIR-CONDITIONING NOTES 5. EFFORT HAS BEEN MADE TO PROVIDE CONTRACTOR WITH ACCURATE INFORMATION REGARDING EXISTING CONDITIONS. CONTRACTOR SHALL FIELD VERIFY ALL EXISTING CONDITIONS PRIOR TO BIDDING PROJECT. ANY CONFLICTS DISCOVERED BY THIS CONTRACTOR DURING THE PREBID PROCESS WHICH MAY AFFECT THE SCOPE OF WORK, SHALL BE REPORTED TO THE OWNER PRIOR TO BIDDING. THE SUBMISSION OF A BID SHALL INDICATE THIS CONTRACTOR'S COMPLETE UNDERSTANDING OF THE CONTRACT DOCUMENTS AND ACCEPTANCE OF EXISTING CONDITIONS. THE NEW SYSTEMS INDICATED ON THE PLANS AND IN THE SPECIFICATIONS SHALL BE FULLY INSTALLED AND OPERATIONAL. ALL ITEMS INCIDENTAL TO THE COMPLETION OF THE WORK SHALL BE PROVIDED AT NO ADDITIONAL COST TO THE OWNER. PARKS DIVISION YARD IMPROVEMENTS PROJECT PLUMBING NOTES 1. ALL WORK SHALL CONFORM WITH THE LATEST EDITION OF THE UPC, LOCAL CODES AND/OR ORDINANCES. 2. ALL VENT, SEWER AND DRAIN LINES TO BE SCHEDULE 40 ABS PIPE. 3. ALL INTERIOR WATER LINES TO BE 'M' COPPER. ALL HOT WATER LINES OUTSIDE OF CONDITIONED SPACE SHALL BE INSULATED. COLD EXTERIOR WATER LINES TO BE PVC SCHEDULE 40. 4. CONNECT 1-1/2" DRAIN LINE FROM SINK AT BREAK ROOM TO EXISTING WASTER WATER LINE WITHIN WALL BETWEEN BREAK ROOM & EXISTING RESTROOM. 5. INSTALL AN ICE MAKER KIT AT WALL BEHIND REFRIGERATOR W/ SHUT OFF VALVE. 1. THE CONTRACTOR ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE UTILITY PIPES, CONDUITS OR STRUCTURES SHOWN OR NOT SHOWN ON THESE DRAWINGS. PRIOR TO ANY WORK THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT TO VERIFY LOCATION AND DEPTHS OF ANY EXISTING UTILITIES. 2. THE CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR SHALL BE REQUIRED TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE DURING THE COURSE OF CONSTRUCTION OF THE PROJECT INCLUDING SAFETY OF ALL PERSONS AND PROPERTY. THIS REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. 3. THE CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF THE WORK ON THIS PROJECT, EXCEPT LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL. 4. THIS PROJECT SHALL COMPLY WITH THE 2019 CALIFORNIA BUILDING CODE (TITLE 24), 2018 INTERNATIONAL RESIDENTIAL CODE, 2019 CA ELECT. CODE BASED ON THE 2014 NEC, 2019 CA MECH. CODE BASED ON THE 2012 UMC, 2019 CA PLUMBING CODE BASED ON THE 2012 UPC AND 2019 CA ENERGY CODE. GENERAL NOTES: 8. INSTALL A 20 AMP SERVICE RECEPTACLE FOR HVAC UNIT. PARKS DIVISION YARD IMPROVEMENTS PROJECT 1073 ROSS AVE. EL CENTRO, CA 92243

1. Remove all existing playground equipment per Demolition Plan on Sheet A-2. 2. Remove existing poured in place surfacing throughout playground. 3. Paint existing metal shade structure frames and posts with a high quality oil based acrylic paint. Install a coat of primer as needed prior to painting. Re-install existing shade fabric after painting. City to select color. 4. Paint existing uprights, trapeze quad circuit, stretched loop ladder and swing bay frames with a high quality acrylic paint. Install a coat of primer as needed prior to painting. City to select colors. 5. Install new playground equipment & swings as shown on plans by Game Time Playground. Install per manufacturer installation instructions & foundation details. 6. Install (2) Nature Benches and (2) Leaf Benches by Gametime Site per plan. 7. Install a new 3-1/2" depth GT Impax Green Turf with Envirofill surface 50/50 standard EPDM & Black- TBD w/ aliphatic binder. Protective surfacing shall meet the fall height requirements of the play equipment. 8. Contractor shall provide report of the Critical Fall Height Test of the impact attenuation of the surfacing from the manufacturer prior to installation according to ASTM F1292-17. 9. Playground shall be inspected by a Certified Playground Safety Inspector w/ the National Recreation & Park Association. 10. All playground equipment & surfacing shall comply w/ the standards listed below. ASTM F1487 Standard Consumer Safety Performance Specification for Playground Equipment for Public Use ASTM F2223 Standard Guide for ASTM Standards on Playground Surfacing ASTM F2373 Playground Equipment for Children Under the Age of Two ASTM F1292 Standard Specification for Impact Attenuation of Surfacing Materials within the Use Zone of Playground Equipment ASTM F2479 Standard Guide for Specification, Purchase, Installation and Maintenance of Poured-In-Place Playground Surfacing ASTM F1951 Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment Department of Justice ADA Guidelines and Standards for Accessibility Guidelines for Play Areas United States Consumer Product Safety Commission (CPSC) COMMUNITY SERVICES DEPARTMENT JVC AS SHOWN JAN. 2023 A-11249 MAIN STREET EL CENTRO, CA 92243 PARKS DIVISION YARD 1073 ROSS AVE. EL CENTRO, CA 92243 PH. (760) 337-4543 FAX (760) 352-4867 Javier Villaverde SCALE: DATE: DRAWN BY: REVISIONS SHEET

6.a
Packet Pg. 85
Attachment: Parks Division Yard Improvement Project Construction Plans (5834 : Parks Division Yard Improvements Project)

DEMOLITION PLAN
1/4"=1'-0"
OFFICE STOR. BREAK ROOM RESTROOM
(E) STAIRWAY

WAREHOUSE
12 (E) WINDOW TO BE REMOVED
(E) GRAB BAR(S) TO BE REMOVED
10 2
3 4
5 6
7 8
9 11
12 (E) BASE & WALL CABINETS TO BE REMOVED INCLUDING SINK REMOVE (E) DRYWALL @ WALLS & CEILING THROUGHOUT

DEMOLITION PLAN KEYNOTES
1 (E) WALL TO BE REMOVED
(E) BEAM/HEADER TO REMAIN
(E) DOOR TO BE REMOVED INCLUDING JAMB & TRIM
REMOVE (E) INSULATION @ WALLS & CEILING
REMOVE (E) ICE MACHINE. SEE FLOOR PLAN FOR NEW LOCATION TO BE INSTALLED (E) SHOWER TO BE REMOVED
(E) WATER CLOSET TO BE REMOVED

REMOVE (E) FLOORING THROUGHOUT INCLUDING BASEBOARDS
1 1
9 10
2 1
1 1
5 3 3
3 4 4
6 7
8 8
11 2. SCHEDULE ALL SERVICE SHUT-DOWNS WITH PROPERTY OWNERS.

DEMOLITION NOTES:

1. THE CONTRACTOR SHALL NOT CAUSE ANY DAMAGE TO EXISTING CONSTRUCTION. SHALL NOT ENCROACH ON ADJACENT AREAS OUTSIDE DEMOLITION LIMITS. IT IS THE

CONTRACTOR'S RESPONSIBILITY TO REPAIR ANY DAMAGE DONE OUTSIDE THE DEMOLITION LIMITS. 2. DISPOSE ALL DEMOLISHED OR REMOVED MATERIALS LEGALLY OFF THE SITE. IT IS THE

CONTRACTOR'S RESPONSIBILITY TO COMPLY WITH LOCAL HAULING, DISPOSAL REQUIREMENTS AND PERMITS REQUIRED. 3. IT IS THE CONTRACTOR'S RESPONSIBILITY TO PROVIDE CONSTRUCTION WASTE MANAGEMENT PLAN WHEN SUBMITTING DEMOLITION APPLICATION. 4. CONTRACTOR SHALL PERFORM ALL HAZARDOUS MATERIAL ABATEMENT WORK PRIOR TO DEMOLITION ACTIVITIES, IF APPLICABLE. CONTRACTOR SHALL REVIEW ALL HAZARDOUS MATERIALS ABATEMENT REPORTS BEFORE DEMOLITION OCCURS. IT IS THE CONTRACTOR'S

RESPONSIBILITY TO TAKE THE APPROPRIATE ACTIONS AND MEASUREMENTS REGARDING THE DISPOSAL OF HAZARDOUS MATERIALS AS INDICATED IN THE ABATEMENT REPORTS. 5. ALL HAZARDOUS MATERIAL ABATEMENT WORK SHALL COMPLY WITH ALL FEDERAL, STATE AND LOCAL REGULATIONS. 6. THE CONTRACTOR ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR THE UTILITY PIPES, CONDUITS OR STRUCTURES SHOWN OR NOT SHOWN ON THESE DRAWINGS. PRIOR TO ANY

WORK THE CONTRACTOR SHALL CONTACT UNDERGROUND SERVICE ALERT TO VERIFY LOCATION AND DEPTHS OF ANY EXISTING UTILITIES. 7. THE CONSTRUCTION CONTRACTOR AGREES THAT IN ACCORDANCE WITH GENERALLY

ACCEPTED CONSTRUCTION PRACTICES, CONSTRUCTION CONTRACTOR SHALL BE REQUIRED

TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE DURING THE COURSE OF CONSTRUCTION OF THE PROJECT INCLUDING SAFETY OF ALL PERSONS AND PROPERTY. THIS

REQUIREMENT SHALL BE MADE TO APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS. 8. THE CONSTRUCTION CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY AND HOLD

DESIGN PROFESSIONAL HARMLESS FROM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN

CONNECTION WITH THE PERFORMANCE OF THE WORK ON THIS PROJECT, EXCEPT LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE DESIGN PROFESSIONAL. 13 REMOVE (E) HVAC UNIT INCLUDING ALL DUCTWORK - COVER UP ALL VOIDS AS

NEEDED W/ APPROPRIATE MATERIAL
13 14 REMOVE (E) CONCRETE SLAB (APPROXIMATELY 12'x12')
15 REMOVE (E) CONCRETE SLAB (APPROXIMATELY 5'x7')
15 15
(E) CONCRETE SLAB
N
30' 16'
10' 28'
16' 10'
40' 10'

PROPOSED
METAL BLDG.
(E) METAL
QUONSET BLDG.

PROPOSED
METAL

CARPORT
(E)

STORAGE
CONNEX
(E)

STORAGE
SHED
(E)

STORAGE
CONNEX
(E) 6" AC WATER LINE
A
L
L
E
Y
ALLEY
(E) PARK
(E) PARK
1"=20'-0"
(E) PARK
(E) 7' HIGH METAL FENCE
(E) DRIVE GATES
(E) DRIVE GATE
(E) SEWER MANHOLE COVER
(E) SEWER MANHOLE COVER
(E) 8" SEWER MAIN
(E) IID POWER POLE
(E) 200A PANEL/METER
(E) 7' HIGH METAL FENCE
(E) 7' HIGH METAL FENCE
(E) IID POWER POLE (E) HVAC UNIT ON GROUND
(E) 125A PANEL/METER
(E) CLEANOUT
(E) 3" ABS SEWER LINE
(E) 1" WATER LINE
(E) HOSE BIBB
(E) HOSE BIBB
(E) WOODEN LIGHT POLE

ENLARGED SITE PLAN
C
O
M
M
U
NIT
Y
S
E
R
VIC
E
S
D
E
P
A
R
T
M
E
N
T
JVC

AS SHOWN
JAN. 2023
12 4
9 M
AIN
S
T
R
E
E
T
E
L
C
E
N
T
R
O, C
A
9 2
2 4
3 A-2
P
A
R
K
S

DIVISIO
N
YA
R
D
1 0
7 3
R
O
S
S
A
V
E. E
L
C
E
N
T
R
O, C
A
9 2
2 4
3 P
H. (7
6 0) 3
3 7-4
5 4
3 F
A
X (7
6 0) 3
5 2-4
8 6
7 Javier Villaverde
SCALE:

DATE:

DRAWN BY:

REVISIONS
SHEET

6.a
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Attachment: Parks Division Yard Improvement Project Construction Plans (5834 : Parks Division Yard Improvements Project) WH E3 Elevation 3 7'-11" 76'-6" 15'-2" 2'-6" 5'-4" 7'-4" 15'-2" 3'-4" 2'-6" 9'-4" 35'-11" 19'-8" 8'-7" 7'-8" 35'-11" 19'-8" 12'-9" 3'-6" LOCKERS PROPOSED PLAN 1/4"=1'-0" ICE BREAK ROOM RESTROOM REF. (E) STAIRWAY WAREHOUSE (E) WINDOW (EXISTING) PAINT WALLS & CEILING W/ SEMI-GLOSS PAINT - COLOR BY OWNER INSTALL 5/8" DRYWALL @ WALLS & CEILING - TEXTURE PER OWNER'S PREFERENCE 20 42" STAINLESS STEEL GRAB BAR 1-1/2" DIAMETER STAINLESS STEEL REFRIGERATOR/FREEZER 22 CU. FT. MIN 1023456789111213 30" HIGH x 12" DEEP COMMERCIAL GRADE WALL CABINET 3/4" THICK - SEE INTERIOR ELEVATIONS 33" x 22" x 8" DEEP STAINLESS STEEL SINK W/ LEVERED FAUCET 1415 FLOOR PLAN KEYNOTES 1 WALL MOUNTED PORCELAIN SINK W/ LEVERED FAUCET HANDLES - REINFORCE WALL BACKING AS NEEDED 17" HIGH ADA WHITE PORCELAIN TOILET W/ ELONGATED BOWL 36" STAINLESS STEEL GRAB BAR 1-1/2" DIAMETER 9FT LONG TABLE W/ 8 CHAIRS BY OWNER WALL MOUNTED LED TV & WALL MOUNT PROVIDED BY OWNER - CONTRACTOR INSTALLED 84" HIGH x 48" COMMERCIAL GRADE UTILITY STORAGE CABINET 3/4" THICK W/ ADJUSTABLE 3/4" THICK SHELVING EXISTING ICE MACHINE TO BE RELOCATED & INSTALLED @ NEW LOCATION 40 GALLON ELECTRIC WATER HEATER 60" x 35" ONE PIECE FIBERGLASS SHOWER STALL WHITE W/ SINGLE HANDLE SHOWER VALVE SET. INSTALL SHOWER CURTAIN & ROD 24" WIDE x 18" DEEP x 72" HIGH STADIUM LOCKER BY SCHOOLLOCKERS.COM MODEL #SL-1-241872-XXX-G2026066 - COLOR BY OWNER. FASTEN TO WALL W/ (4) #8 x 2-1/2" CABINET SCREWS 16 FRAME IN (E) WINDOW/DOOR OPENING 34-1-/2" HIGH x 24" DEEP COMMERCIAL QUALITY BASE CABINETS 3/4" THICK - SEE INTERIOR ELEVATIONS INSTALL NEW FLOORING NOT TO EXCEED $4 PER SQ.FT. FOR MATERIAL ONLY PER ROOM SCHEDULE - COLOR BY OWNER. INSTALL 6" VINYL COVE BASE 17 INSTALL R-30 INSULATION @ (E) CEILING & R-13 @ (E) EXTERIOR WALLS 1819 EDGE OF (E) CONCRETE SLAB (E) METAL FRAME OF QUONSET BUILDING 6 1 23 4 3 5 13 6 12 7 11 9 10 8 14 A B C D 21 REMOVE (E) SOIL & INSTALL 6" CLASS II BASE & 6" THICK 4500 PSI CONCRETE SLAB W/ LONG FIBER MESH REINFORCED W/ 3/8" REBAR @ 18" O.C. EACH WAY 21 21 21 (E) WINDOW 20 20 NEW 2X4 STUD WALL @ 16" O.C EXISTING WALL TO REMAIN WALL LEGEND 16 17 18 19 16 17 18 19 16 17 18 19 AC D B WALL INDICATOR DOUBLE BORED FOR DEADBOLT WALL TEXTURE PER OWNER PREFERENCE & PAINT KEYED ENTRY METAL PAINT 1-3/4" 3'-0" 6'-8" 1-3/4" 1-3/4" PASSAGE LEVER PAINT FINISH 1-3/4" METAL METAL THICK DOOR SCHEDULE DOOR ABC WIDTH HEIGHT MATERIAL JAMB FUNCTION NOTES 3'-0" 6'-8" METAL PAINT METAL WALL TEXTURE PER OWNER PREFERENCE & PAINT PRIVACY LEVER METAL PAINT 8'-0" 3'-0" 6'-8" METAL 8'-0" PASSAGE LEVER DRYWALL METAL DRYWALL 2'-4" 6'-8" PORCELAIN TILE D 15 22 WALL MOUNTED MINI SPLIT HVAC UNIT 23 MULTI-ZONE CONDENSER UNIT W/ HEAT PUMP ON 4" CONCRETE PAD SIZE UNITS APPROPRIATELY USING ACCA MANUALS J, S, D, T OR AMERICAN SOCIETY OF HEATING, REFRIGERATING AND AIR-CONDITIONING ENGINEERS, INC. (ASHRAE) APPROVED METHODS THAT ACOUNT FOR THE ENERGY EFFICIENCY STRATEGIES IMPLEMENTED IN THE DESIGN, AND USE REASONABLE ASSUMPTIONS ON PLUG LOAD POWER AND VENTILATION AIR QUANTITIES WHEN SIZING EQUIPMENT. VINYL COVE BASE VINYL COVE BASE 6" WALL TEXTURE PER OWNER PREFERENCE & PAINT WAINSCOT RESTROOM 22 LOCKERS REMARKS HEIGHT CEILING MATERIAL MATERIAL WALL CEILING HEIGHT BASE BASE OR MATERIAL MATERIAL ROOM FINISH SCHEDULE ROOM NAME FLOOR VINYL PLANK DRYWALL 8'-0" 22 23 6" DRYWALL BREAK ROOM VINYL PLANK VINYL COVE BASE 6" DRYWALL DRYWALL BREAK ROOM A 1/4"=1'-0" REFRIGERATOR BY OWNER (E) ICE MAKER RELOCATED HERE WALL CABINET PER PLAN 48" x 24" x 84" UTILITY CABINET BASE CABINET PER PLAN 1-1/2" FILLER 29" MIN. 27" MIN. 34" MAX. 17"-19" T.P. HOLDER NOTE: ALL DISPENSERS +40" MAX TO HIGHEST OPERABLE PART FROM F.F. 42" MIN. GRAB BAR 36" MIN. GRAB BAR MAX. 12" 19" MIN.33" 40" MAX. ACCESSIBLE MOUNTING HEIGHTS 3. VERIFY ALL HEIGHTS & DIMENSIONS ON PLANS PRIOR TO INSTALLATION TO COMPLY W/ ADA REQUIREMENTS. NO ALLOWANCES SHALL BE PERMITTED TO EXCEED MAXIMUM ALLOWED BY THE ADA GUIDELINES. 1. HOT WATER AND DRAIN PIPES UNDER LAVATORIES SHALL BE INSULATED OR OTHERWISE COVERED. THERE SHALL BE NO SHARP OR ABRASIVE SURFACES UNDER LAVATORIES. 2. FAUCET CONTROLS AND OPERATING MECHANISMS SHALL BE OPERABLE WITH ONE HAND AND SHALL NOT REQUIRE TIGHT GRASPING, PINCHING OR TWISTING OF THE WRIST. THE FORCE REQUIRED TO ACTIVATE CONTROLS SHALL NO GREATER THAN 5 lbf, SELF CLOSING VALVES ARE ALLOWED IF THE FAUCET REMAINS OPEN FOR AT LEAST 10 SECONDS. MIN. 60" MIN. DIA. CLEAR 18" 18" 28" 24" 48" 42" MIN. GRAB BAR 36" MIN. GRAB BAR 42" MIN. CLEAR ACCESSIBLE LAYOUT NOTES: COMMUNITY SERVICES DEPARTMENT JVC AS SHOWN JAN. 2023 1249 MAIN STREET EL CENTRO, CA 92243 PARKS DIVISION YARD 1073 ROSS AVE. EL CENTRO, CA 92243 A-3PH. (760) 337-4543 FAX (760) 352-4867 Javier Villaverde SCALE: DATE: DRAWN BY: REVISIONS SHEET

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Attachment: Parks Division Yard Improvement Project Construction Plans (5834 : Parks Division Yard Improvements Project) R
S

5. OUTLETS ON KITCHEN & BATHROOMS TO BE INSTALLED AS PER HEIGHT ON PLAN.

CO/SD
IC
R R
R R R
R R

GFCI GFCI
+60 S
S
S
R
S
R
CO/SD
IC
R
R R R
S

4. ALL ELECTRICAL WIRING TO BE COPPER (C.U.) #12 THHN MINIMUM.

3. SWITCHES TO BE 42" ABOVE FLOOR AND OUTLET BOXES TO BE 12" ABOVE FLOOR.

2. ELECTRICIAN IS RESPONSIBLE OF ANY SINGLE LINE DIAGRAM OR CALCULATION IF REQUIRED BY OWNER OR BUILDING INSPECTOR.

1. ALL ELECTRICAL SHALL BE DONE IN ACCORDANCE WITH THE LATEST EDITION OF THE NEC, LOCAL CODES AND OSHA REQUIREMENTS.

R
S
S3
110V DUPLEX RECEPTACLE
TP = TAMPER PROOF
220V RECEPTACLE
1/2 HOT DUPLEX RECEPTACLE

SINGLE POLE SWITCH
3-WAY SWITCH

WALL LIGHT FIXTURE
6" RECESSED CANNED LIGHT FIXTURE

ELECTRICAL LEGEND

ELECTRICAL NOTES

6. ALL INSTALLED LUMINARIES SHALL BE EITHER HIGH EFFICACY OR SHALL BE CONTROLLED BY A VACANCY SENSOR OR DIMMER.
1/2
CO/SD

SMOKE & CARBON

MONOXIDE DETECTOR

7. ALL LUMINARIES MOUNTED TO THE BUILDING SHALL BE HIGH EFFICACY

OR SHALL BE CONTROLLED BY A MOTION SENSOR & PHOTO CONTROL, ASTRONOMICAL TIME CLOCK, OR ENERGY MANAGEMENT CONTROL SYSTEM.
*SMOKE & CARBON MONOXIDE DETECTORS SHALL BE

INTERCONNECTED & HARD WIRED W/ BATTERY BACKUP
NOTE:

LUMINARIES INSTALLED IN WET OR DAMP LOCATIONS SHALL BE INSTALLED SUCH THAT WATER CANNOT ENTER OR ACCUMULATE IN WIRING COMPARTMENTS, LAMPHOLDERS OR OTHER ELECTRICAL PARTS. ALL LUMINARIES INSTALLED IN WET LOCATIONS SHALL BE MARKED "SUITABLE FOR WET LOCATIONS". ALL LUMINARIES INSTALLED IN DAMP LOCATIONS SHALL BE MARKED "SUITABLE FOR DAMP LOCATIONS". CEC 410.10(A)
WP = WATER PROOF, IC = INTERCONNECTED, AT = AIR TIGHT

ELECTRICAL PLAN - SHOP
1/4"=1'-0"
S
ELECTRICAL PLAN - METAL BLDG.
1/4"=1'-0"
S
(5) LED WALL PACK 75 WATT 9800 LUMENS 5000K

W/ DUSK TO DAWN SENSOR
(8) LED ROUND LOW BAY 67 WATT 5000K
(2) 20A COMMERCIAL GRADE DUPLEX

RECEPTACLE W/ WEATHERPROOF COVER
10' 10' 6' 10' 4'
16'
40'

STORAGE
10' x 8' O.H. DOOR 10' x 8' O.H. DOOR
3 0
7 0

PREFAB STEEL BUILDING
PREFAB METAL BUILDING DESIGN CRITERIA:

GAUGE OF STEEL 12GA
26 GAUGE SIDING/ROOF PANELS
10' HIGH LEG HEIGHT

A-FRAME VERTICAL ROOF

EXTRA SEISMIC BRACING
(2) 10'x8' ROLL UP DOORS
(1) 3'x6'-8" WALK DOOR
GABLE ROOF DESIGN 4/12 PITCH

STAMPED ENGINEERED PLANS FOR CA

TO BE SUBMITTED BY CONTRACTOR
1/4"=1'-0"
16'
40' 20' 20'
(METAL BUILDING)

FOUNDATION PLAN
1/4"=1'-0"
3/8" REBAR @ 18" O.C. EACH WAY TYP.
5" THICK CONCRETE SLAB
1 A-2
1A-2
1A-2
1 A-2
2 A-2
1 2
1'-0"
1'-6"
2-#4 REBARS-TOP & BOTTOM
5" THICK CONC. SLAB W/ 3/8" REBARS @ 18" O.C. EACH WAY O/ 3" MIN. COMPACTED BASE FILL W/ 6 MIL VAPOR BARRIER
3/4"=1'-0" FOOTING DETAIL
5" THICK CONC. SLAB W/ 3/8" REBARS @ 18" O.C. EACH WAY O/ 3" MIN. COMPACTED BASE FILL W/ 6 MIL VAPOR BARRIER
1'-0"
1'-6"
2-#4 REBARS-TOP & BOTTOM
3/4"=1'-0" GRADE BM. DETAIL
C
O
M
M
U
NIT
Y
S
E
R
VIC
E
S
D
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P
A
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T
M
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JVC

AS SHOWN
JAN. 2023
12 4
9 M
AIN
S
T
R
E
E
T
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L
C
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N
T
R
O, C
A
9 2
2 4
3 P
A
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K
S

DIVISIO
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YA
R
D
1 0
7 3
R
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S
A
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E. E
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C
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A
9 2
2 4
3 P
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6 0) 3
3 7-4
5 4
3 F
A
X (7
6 0) 3
5 2-4
8 6
7 A-4
Javier Villaverde
SCALE:

DATE:

DRAWN BY:

REVISIONS
SHEET

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Attachment: Parks Division Yard Improvement Project Construction Plans (5834 : Parks Division Yard Improvements Project) Exhibit "A"
City of El Centro
Parks Division Yard Improvements
Project

PARKS DIVISION YARD
Upgrade Project
January 2023

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project)

CITY OF EL CENTRO

STATE OF CALIFORNIA

PARKS DIVISION YARD IMPROVEMENTS PROJECT

TABLE OF CONTENTS
Title Section Page Number
Invitation for Bids 2-4
Required Documents 5
Proposal Requirements 6-11
City of El Centro Equal Opportunity 12-13
Proposal Bid Form 14-15
Bid Bond 16
Proposal Agreement 17
Construction Services Agreement 18-29
Faithful Performance Bond 30
Labor and Materials Bond 31
Workers' Compensation Insurance Certification 32
Drug and Alcohol Testing Requirements 33
Subcontractor's Listing 34-35
Noncollusion Affidavit 36
Corporate Certification or Partnership Information 37
Contractor's Certification of Qualification for License Classification 38 General Conditions 39-63
Supplementary General Conditions 64-68
Special Provisions 69
Exhibit A - California Public Contracts Code Section 9204 Exhibit B - State Prevailing Wage Rates

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 2 INVITATION FOR BIDS

1. GENERAL INFORMATION
The City of El Centro (the “City") is inviting bids for the Parks Division Yard Improvements Project located at 1073 Ross Avenue, El Centro, California.

2. SCOPE OF WORK
The work involves all site work as marked in the approved set of plans to construct new improvements to the Parks Division Yard at Bucklin Park located at 1073 Ross Avenue. The work involves installation of a new metal storage building and carport, renovation of the existing Break Room, and Restroom facility and installation of new concrete slab inside of the existing metal Quonset Building collectively (the "Project").

3. PROJECT SCHEDULE
To be completed within one hundred twenty (120) calendar days after the issuance of a Notice to Proceed.

4. PROPOSAL REQUIREMENTS
SEALED PROPOSALS will be accepted at the Office of the City Clerk, City Hall, 1275 W. Main Street, El Centro, California until 2:00 PM local time on ,2023, at which time all proposals will be publicly opened and read aloud.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, its address, and the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form. No emailed bids will be accepted.

Any questions regarding this Project or bid packet must be submitted by email to [email protected] by ,_ 2023 at 5:00 PM to allow time for distributing answers and/or clarifications to plan holders. Any responses to questions will be provided by Addendum. No oral comments shall be of any force or effect with respect to this solicitation.

As used herein, all days are calendar days unless otherwise specified.

BIDS TO REMAIN OPEN: The Bidder shall guarantee the total Bid price for a period of ninety (90) calendar days from the date of Bid opening.

PLANS & SPECIFICATIONS:

Copies of plans and specifications (bid book) may be obtained at Planetbids.com via the City of El Centro website www.cityofelcentro.org. Bidders are responsible for checking the City's website at www.cityofelcentro.org for any Addenda that may be posted.

PRE-BID MEETING: Bidders can attend a non-mandatory pre-bid meeting which will be conducted by the City's Construction Manager at 10 a.m. on 2023. The meeting will be held at the City's Community Services Department Conference Room located at 1249 Main Street in El Centro. The object of the meeting is to acquaint bidders with the site conditions

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 3 and mandatory bidding requirements. At that meeting the City's Equal Opportunity Program goals and reporting procedures will be discussed.

PROPOSAL FORMS: No bid will be received unless it is made on the prescribed bid form furnished by the City. Each bid must be accompanied by a guaranty of cash, certified check, cashier's check or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the bid. Such guaranty will be forfeited should the bidder to whom the contract is awarded fail to enter the contract. All guaranties are to be returned after the contract is awarded.

In addition to the required documents listed on page 4, the bid may be considered incomplete and be disqualified if any of the following information is not provided.

1. On the bid form(s), the unit price items must be written in figures and total contract price must be written in words and figures. The words and figures shall appear on the blank spaces provided.

2. On pages 23-24 the Subcontractor's Listing shall be completed. If no subcontractor will be used, indicate an 11X11 mark on the space provided for 11No subcontractor." The contractor shall possess a Class B license at the time this contract is awarded.

PREVAILING WAGE RATES: The salary and wage for any classification shall be the current applicable State of California wage rates.

In accordance with the provisions of Labor Code §§1770 to 1781 as duly enacted by the State of California, the City Council has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current state prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 972-8628 or from the California Department of Industrial Relations' internet website at http://www.dir.ca.gov.

Future effective general prevailing wage rates, which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.

All bids are to be compared on the basis of the Engineer estimate of the quantities of work to be done. A bid will only be accepted from a contractor who is licensed in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California as amended.

LIQUIDATED DAMAGES: As set out in Section XVI of the Construction Services Agreement, CONTRACTOR shall pay to the CITY the sum of Five Hundred Dollars ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS.

A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Public Contract Code §4104, or engage in the performance of any contract

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 4 for public work, as that term is defined in Division 2, Part 7, Chapter 1 of the Labor Code, unless currently registered and qualified to perform public work pursuant to Labor Code §1725.5. It is not a violation of Labor Code §1771.1 for an unregistered contractor to submit a bid that is authorized by Business and Professions Code §7029.1 or by Public Contract Code §§ 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Labor Code §1725.5 at the time the contract is awarded. A bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor's and all subcontractor's current registration to perform public work pursuant to Labor Code §1725.5.

AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible base bid as shown by the bid proposal form. See bid proposal form for further clarification.

Special attention of all prospective bidders is called to "Proposal Requirements and General Conditions" annexed to the blank form of the proposal for full directions as to bidding, etc.

Pursuant to California Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld by the City. Refer to section 1-23 of the General Conditions for further information.

CITY'S RIGHTS RESERVED: The City reserves the right to reject any or all bids, to waive any technical irregularity informality in a bid, and to make awards in the interest of the City.

DATE: _ CITY OF EL CENTRO, CALIFORNIA
Norma Wyles, City Clerk

END OF INVITATIONS FOR BIDS

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 5 REQUIRED DOCUMENTS
The following is a list of documents to be submitted as part of the bid packet. Proposals not containing the following documents could be considered incomplete and are subject to rejection.
• Proposal/Bid Form
• Bid Bond
• Proposal Agreement
• Workers' Compensation Certificate
• Drug/Alcohol Testing Requirements
• Subcontractor's Listing
• Noncollusion Affidavit
• Corporate Certification or Partnership Information
• Contractor's Certification of Qualification for License Classification

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 6 PROPOSAL REQUIREMENTS

1. Examination of Plans, Specifications. Special Provisions and Site of Work: The bidder is required to examine carefully the site of work contemplated and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and quantities of work to be performed and materials to be furnished and as to the requirements of the specifications, special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination and will be bound by them.

2. Bid Form: All proposals must be made on the bid forms to be obtained from the Community Services Department at 1249 West Main Street, El Centro, CA. All bids must give the prices proposed both in writing and figures and must be signed by the bidder with bidders' business address.

If the bid is made by an individual, the individual's name and post office address must be shown.

If made by a firm or partnership, then the name and post office address of each member of the firm or partnership must be shown. If made by a corporation, then the bid must show the name of the State under the laws of which the corporation is chartered and the name, titles and business addresses of the President, Secretary and Treasurer. A certification by the legal representative of the firm must be included in the bid. If bidder is a corporate entity and is awarded the contract, prior to execution of the contract, the contractor shall submit satisfactory, documentary proof that the person(s) executing said contract on the behalf of said corporation has authority to do so.

3. Rejection of Bid Containing Alterations. Erasures or Irregularities: Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures or irregularities of any kind.

4. Withdrawing Bid. The Bid may be withdrawn upon request by the bidder without prejudice prior to, but not after the time fixed for opening of bids provided that the request is in writing, has been executed by the bidder or the bidders duly authorized representative and is filed with the City Clerk.

4.1 Omissions and Discrepancies: If the bidder finds discrepancies in or omissions on the drawings, or other contract documents or if bidder is in doubt as to their meaning, the bidder should at once notify the Director of Community Services who may send a written instruction to all bidders.

4.2 Interpretations and Addenda: No oral interpretations shall be made to any bidder as to the meaning of any of the contract documents, or be effective to modify any of the provisions of the contract documents. Every request for an interpretation shall be made in writing and addressed and forwarded to the Community Services Director.

4.3 The City reserves the right to reject any or all bids.

5. Bidder's Guaranty: All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bid bond made payable to the City of El Centro for an amount equal to at least ten percent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, certified check or bid bond is enclosed therewith.

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 7 5.1 Return of Bid Guaranty: Within ten (10) business days after the award of the contract, the City Council will return the bid guaranties accompanying the bids, which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose bids they accompany.

5.2 Execution of Contract: The contract and contract documents shall be signed by the successful bidder and returned together with the contract bonds, within ten (10) days, not including Sundays, after the bidder has received notice the contract has been awarded. No bid shall be considered binding upon the City until the execution of the contract. Failure to execute the contract and file acceptable bonds as provided herein within ten (10) days, not including Sundays, after the bidder has received notice that the contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty.

5.3 Sureties: The successful bidder shall also promptly secure with a responsible corporate surety or corporate sureties satisfactory bonds conditioned upon faithful performance by the said bidder of all the requirements under the contract and upon the payment of claims of any material men and laborers thereunder.

6. Award of Contract: The award of the contract, if it is awarded, will be to the lowest responsive and responsible bidder whose bid complies with all the requirements prescribed. The lowest bid shall be the lowest base bid price on the base contract and those additive or deductive items that are specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid price. The award, if made, will be made within sixty (60) calendar days after the opening of the proposals. All bids will be compared on the basis of the Engineer estimate of quantities of work to be done.

7. Inspection: Projects financed in whole or in part with State or Federal funds shall be subject to inspection at all times by the City's Director of Public Works or designee and the Community Services Director or designee (hereafter "Community Services Director").

8. Removal of Defective and Unauthorized Work: All work which is defective in its construction or deficient in any of the requirements of these specifications, special provisions or plans shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such correction. Any work done beyond the lines and grades shown on the plans or established by the Community Services Director or any extra work done without written authority will be considered as unauthorized and will not be paid for.

9. Order of Community Services Director. Upon failure on the part of the Contractor to comply with any order of the Community Services Director made under these provisions, the Community Services Director shall have the authority to cause defective work to be removed and to deduct the costs thereof from any monies due or to become due to the Contractor.

10. Final Inspection: Whenever the work provided and contemplated by the contract shall have been satisfactorily completed and the final clean up performed, the Community Services Director will make the final inspection at the site.

11. Amount of Bonds: The faithful performance bond shall be in the sum of not less than one hundred percent (100%) of the contract price. The form of bond required is attached to the contract below.

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Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 8 The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. The form of bond required is attached to the form of contract below.

Payment and performance bonds shall be executed by a California-admitted surety insurer with a minimum A. M. Best Company rating of A+, Class VII.

Whenever any surety or sureties on any such bond, or on any bonds required by law for the protection of the claims of laborers and material men, become insufficient or the City Council has cause to believe such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter, no payment shall be made upon such contract to the contractor or any assignee of the contractor until such further bond or bonds or additional surety has been furnished.

12. Compliance with Laws and Regulations: No proposal for work will be accepted from a contractor who is not licensed in accordance with the law under the provisions of Chapter 9 of Division Ill, of the Business and Professions Code of the State of California, as amended. The contractor awarded the contract shall also submit the Contractor's Certification of Qualifications for License Classification contained in these contract documents along with the submission of the executed contract and acceptable sureties.

All bids submitted and all contracts awarded hereunder must be submitted, filed, made and executed in accordance with all applicable laws and regulations of the State of California and of the United States of America which relate to bids and contracts of the nature referred to herein, whether such laws are expressly referred to herein or not.

13. PREVAILING WAGES: In accordance with the provisions of Labor Code §§1770 to 1781, the City Council of the City of El Centro has adopted the latest publication of the General Prevailing Wage Rates entitled, "State of California, Department of Transportation, Equipment Rental Rates and General Prevailing Wage Rates.'' Please note that federal prevailing wage requirements also apply.

14. Filing of Bid Protests: By submitting a Bid, each Bidder hereby agrees and understands that the Bidder must comply with these protest procedures and exhaust all administrative remedies set forth herein prior to the initiation of any type of related legal action. With the express written Contract of the City and Bidder, and subject to the requirements of applicable law, this protest procedure can also be used to resolve issues surrounding the City's determination of a Bidder as not responsible. The following terms as used in this Section shall have the following meanings:
"Protest" shall mean a written objection by an interested party or affected party to (i) the requirements or specifications contained in the Notice to Bidders or any portion of the documents accompanying that notice; or (ii) a proposed award recommendation protest.

A. Solicitation Phase Protest. The purpose of the solicitation is to obtain competitive Bids from Bidders. Any Bidder who has submitted a bid and who believes that a free and open competition has not taken place or that a particular specification or requirement is impractical, unduly restrictive, or ambiguous may advise the City of its concerns by submitting a detailed Solicitation Protest Statement in accordance with the requirements set forth below in this Section A. The Protest does not replace the requirement to report irregularities in the bid documents.

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Packet Pg. 97
Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 9 (1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a) The name, address, and telephone number of the protestor; and b) The Project Name and Project Number; and
c) A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish the merits of the protest; and
d) The desired resolution to the protest.

If the submitted protest does not comply with the requirements set forth herein, then it will not be considered for evaluation and will be returned to the protestor. Any grounds for protest not raised are waived. The protest may not be amended after filing. The protest is a public document.
(2) Evaluation and Determination
No hearing will be held on the protest. City's Community Services Director, or designee, will review the protest and any supporting material and conduct an investigation of the facts. He/she may, but need not, request other Bidders to submit statements or arguments regarding the protest and may discuss the protest with the protestor.

The Community Services Director or designee shall issue a final written decision regarding any solicitation protest to each Bidder prior to Bid opening. The written decision will cite any actions that will or will not be taken in response to the protest. That decision shall be final, and there shall be no further administrative recourse.

B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder, may protest City's proposed award of the Contract by submitting a protest to the Community Services Director or designee no later than close of business on the on the fifth business day. That protest must be submitted in a timely manner, signed by the protesting Bidder, must and contain all of the following to be considered:
a) The name, address and telephone number of the protestor; and b) The Project Name and Project Number; and
c) The City action or recommendation that is being protested; d) A detailed statement setting forth every ground, reason, legal authority and facts in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and

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Packet Pg. 98
Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 10 e) A clear statement of the relief request.

A protest does not comply with the requirements set forth herein will be returned to the protester. The protest shall not be amended after filing. Any grounds for protest not raised are waived. The protest is a public document.

Award Protest Statements are public documents. City will notify the affected parties when a protest has been submitted, and will provide copies of the protest to the affected parties as soon as is reasonably practical.
(2) Evaluation and Determination
The affected parties may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from City. The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision.

The written decision will be issued to the protester and to all affected parties.

Unless otherwise required by law, no hearing shall be provided. In the event a hearing is conducted, the Community Services Director or designee, shall issue written notice to the protester and affected parties identifying the date and time for the hearing, along with rules concerning the hearing.

C. Delay in Award
Execution of any proposed contract shall be delayed pending the resolution of the protest unless one or more of the following conditions is present:

1. The items or services being procured are urgently required;

2. Delivery or performance will be unduly delayed by failure to make award promptly; or

3. Failure to make prompt award will otherwise cause undue harm to City.

D. No Limitation on Remedies
Nothing contained herein shall be construed to act as a limitation on City's choice of remedies or confer any right upon any interested party or affected party to a remedy.

E. Basis for Choice of Remedy
In determining the appropriate remedy, the City shall consider all the circumstances surrounding the notice of bids and/or award, including, but not limited to:

1. The seriousness of any deficiency found to exist in the contracting process;

2. The effect of the action on the competitive process;

3. Any urgency surrounding the requirement to enter into a contract; and

4. The effect that implementing the remedy will have on the AGENCY.

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Packet Pg. 99
Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 11 F. Remedies
If the City determines that the award or proposed award was not made in accordance with applicable statutes, regulations, policies and/or procedures, the City, in its sole discretion, may grant any of the following remedies or any other remedy it deems appropriate:

1. Prior to award, City may issue a new solicitation, make a new selection/award recommendation, or award the contract consistent with applicable statutes, regulations, policies and procedures;

2. In its sole discretion, take no further action; or

3. Take any other action that is permitted by law to promote compliance.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

END OF PROPOSAL REQUIREMENTS

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Packet Pg. 100 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 12 PROPOSAL BID FORM
TO THE CITY OF EL CENTRO:

The undersigned hereby declares that he/she has carefully examined the location of the proposed work that he/she has examined the plans and specifications and read the accompanying instructions to bidders and hereby proposes to furnish all material except owner furnished materials, and labor and do all work required to complete the said work in accordance with said plans and specifications and special provisions for the unit prices set forth in the following schedule. The bidder shall furnish prices for all items shown in the proposal.

ITEM
NO.

APPROXIMATE

QUANTITY

UNIT ITEM W/ UNIT PRICE
(WRITTEN IN WORDS)
PRICE
(NUMBERS ONLY)
TOTAL
(NUMBERS ONLY)

1. 1 LS Mobilization/Bonds

2. 1 LS Quonset Building Concrete
Slab

3. 1 LS Prefab Metal Building

4. 1 LS Prefab Metal Carport

5. 1 LS Facility Renovation

6. 1 LS Profit/Overhead
PARKS DIVISION YARD IMPROVEMENTS PROJECT/ El Centro, CA For the total sum of:

Dollars
($ }. hereinafter called Base Bid Price
DEDUCTIVE ALTERNATE BID 1 is identified as follows:

Delete from the scope of work the construction of the new Prefab Metal Carport, including concrete slab on Proposal Bid Form.

Should the City of El Centro decide to delete the work identified as DEDUCTIVE ALTERNATE BID 1 from the scope of work of this project, the bidder proposes to reduce the above Base Bid Price by the deductive sum of
Dollars (,.$.. .,J,,,,;.}.

Is submitted herewith in accordance with the specifications.

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Packet Pg. 101 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 13 DEDUCTIVE ALTERNATE BID 2 is identified as follows:

Delete from the scope of work the construction of the new Prefab Metal Building including concrete slab on Proposal Bid Form.

Should the City of El Centro decide to delete the work identified as DEDUCTIVE ALTERNATE BID 2 from the scope of work of this project, the bidder proposes to reduce the above Base Bid Price by the deductive sum of
Dollars(\.,.$ ..,}.

Is submitted herewith in accordance with the specifications.

AWARD BASIS: The contract will be awarded based on the lowest responsive and responsible Base Bid Price as shown on Proposal Bid Form.

1.00 - The undersigned hereby acknowledges the receipt of the following addenda:

None ; No. 1 _,· No. 2 _,· No. 3 _.· No. 4 _,· No. 5 _

2.00-The undersign hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.

3.00 - The undersigned hereby accepts on the behalf of themselves or their firm all provisions and requirements of the contract documents! including but not limited to those related to time of completion and liquidated damages.

4.00 - The undersigned hereby certifies that they are authorized representative of the firm on whose behalf this proposal/bid is submitted and that they are acting at the direction and with the required approval of said firm, which is identified as follows:

Name of firm:

Address of firm:

Telephone Fax Number: ( )
Number:

Contractor's License Number: Type:

Signed: Date:

END OF PROPOSAL/BID FORM

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Packet Pg. 102 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 14 BID BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT ,hereinafter called Principal, and
hereinafter called Surety, are jointly and
severally held and firmly bound unto the City of El Centro, hereinafter called Owner, in the penal sum of dollars ($ _,lawful money of the
United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Principal is herewith submitting a bid for the work entitled "Bucklin Park Challenge Course Project."
NOW, THEREFORE, the condition of this obligation is such that if Principal is awarded a contract for the work, and if Principal within the time specified in the bid enters into, executes and delivers to owner an agreement in the form provided herewith, and if Principal within the time specified in the bid gives to the owner the performance bond and the payment bond on the forms provided herewith, then this obligation shall be void. If, however, Principal shall fail or refuse to furnish, execute and deliver to owner said agreement in the time stated in the bid or should fail or refuse to furnish performance bond and payment bond in the time stated in the bid, then Principal and Surety shall forfeit to Owner the penal sum hereof.

AND, IT IS HEREBY DECLARED AND AGREED that Surety shall be liable under this obligation as Principal, and that nothing of any kind of nature whatsoever that will not discharge, Principal shall operate as a release of liability of Surety.

IN WITNESS WHEREOF, we have hereunto set our hands and sealed this ,202_.

BY:

BY:

Insurance companies A.M. Best Company identifying number:

END OF BID BOND
day of

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Packet Pg. 103 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 15 PROPOSAL AGREEMENT
The undersigned agrees that this bid may not be withdrawn within a period of ninety (90) days from the opening thereof, and further agrees that in case of default in executing the required contract with necessary bonds with the ten (10) days, not including Sunday, after having received notice that the contract is ready for signature, the proceeds of the check or bond accompanying his/her bid shall become the property of the City of El Centro, California.

The certified or cashier's check, cash deposit or bid bond accompanying this proposal is in the amount of ten percent (10%) or more of the aggregate amount of this bid.

The undersigned is licensed in accordance with the Laws of the State of California.

License Number: Class:

Registration Number:

Company
Business Address
Telephone Number
Fax Number
Signature Bidder Date

END OF PROPOSAL

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Packet Pg. 104 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 16 CITY OF EL CENTRO

CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT Agreement'1), is made and effective _ ----1, 2023, by and between the City of El Centro, a municipal corporation ("CITY"), and , a California Corporation/____________ ("CONTRACTOR"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
A. CONTRACTOR shall provide all labor, materials, equipment, and services required to perform the Work as indicated in the Construction Plans and incorporated herein by this reference. Furthermore, CONTRACTOR shall perform the Work in accordance with the Payment Schedule outlined in Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions and incorporated herein by this reference.

B. All services and equipment shall be provided at the times and places designated by the CITY.

C. All days set out here are calendar days unless otherwise specified.

II. TIME FOR PROJECT COMPLETION
All of CONTRACTOR's work on the Project shall commence within ten (10) calendar days after receiving a written Notice to Proceed from the CITY. The Project shall be completed within 120 consecutive calendar days unless earlier terminated or extended as provided in Article 12.

Ill. THE CONTRACT SUM
Notwithstanding any provisions of this Agreement to the contrary, CITY and CONTRACTOR mutually agree that CITY's maximum cumulative payment obligation hereunder (including, but not limited to all obligations for CONTRACTOR's costs and profit), shall be _ dollars ($ ) for the Scope of Work which shall include
all amounts payable to CONTRACTOR for its labor, subcontracts, leases! materials, equipment, the deliverables, and costs arising from CONTRACTOR's performance of this Agreement.

CONTRACTOR exceeds the maximum cumulative amount at its own risk and expense.

IV. PROGRESS PAYMENTS
A. For CONTRACTOR's full and complete performance of its obligations under this Agreement, and subject to the maximum cumulative payment obligation provisions set forth in Article 6 below, CITY shall pay CONTRACTOR in accordance with Sections 1-23, 1-24, 1-25 and 1-26 of the General Conditions.

B. CONTRACTOR shall submit invoices monthly during the term of this Agreement, based on the cost for services performed prior to the Invoice date. Invoices shall contain the following:
• Serial identification of progress bills: i.e., Progress Bill No. 1 for the first invoice, etc. • The beginning and ending dates of the billing period
• A task summary containing the original contract amount, the amount of prior billings, the total due the current period, the balance available under the Agreement and the percentage of completion
• At CITY's option, for each work item in each task, a copy of the applicable time entries or

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Packet Pg. 105 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 17 time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, and/ or a brief description of the work • The CONTRACTOR's signature
C. Monthly Payment CITY shall make payments based on invoices received for services satisfactorily performed and may retain 5% of such amount. Notwithstanding, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public Agency to ensure performance under a contract, at the request and expense of the CONTRACTOR until completion of the term of the contract.

D. Final Payment CITY shall pay the last 5% of the total sum due pursuant to this Agreement within thirty -five (35) days after written acceptance of all satisfactory work under this Agreement (which may be indicated by a Notice of Completion) or as otherwise agreed with the Contractor.

E. Contractor Claims Any Contractor claims under this Agreement are subject to the provisions of Public Contract Code Section 9204, attached and incorporated here as Exhibit "A".

V. INDEMNITY. DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an lndemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

VI. PREVAILING WAGES

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Packet Pg. 106 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 18 In accordance with the provisions of Labor Code §§1770 to 1781 as duly enacted by the State of California, the City Council has ascertained the general prevailing rate of wages applicable to the work to be done as those shown in the specifications of the work. Information on the current state prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 972-8628 or from the California Department of Industrial Relations' internet website at http://www.dir.ca.gov.

California wage rates for this Project shall be in accordance with the 11General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Riverside County. Wage rates shall conform to those posted at the CITY offices and the Project site. Statutory provisions for penalties for failure to pay prevailing wages or to comply with State wage and hour laws will be enforced.

The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1773.8 - Travel and Subsistence Pay

2. Section 1774 - Prevailing Wage Requirement

3. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

4. Section 1776 - Payroll Records (as applicable)

5. Section 1777.4 - Apprenticeship Requirements

6. Section 1777.5 -Apprenticeship Requirements

7. Sections 1810 and 1811 - Working Hour Restrictions

8. Section 1813 - Penalty for Failure to Pay Overtime

9. Section 1815- Overtime Rate Requirement
VII. RECORD AUDIT
Under California Government Code, Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), any records or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of three (3)

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Packet Pg. 107 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 19 years after final payment, upon oral or written request of the CITY.

VIII. CERTIFICATIONS
At the time of commencing work and throughout the Project duration, CONTRACTOR shall be in possession of a valid California State Contractor's License with the following classifications: [Class B License]
Furthermore, CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that Richard Shultz whose title is President, is authorized to act for and bind the corporation.

IX. BONDING REQUIREMENTS
CONTRACTOR shall deliver to the CITY two fully executed, identical counterparts of the Performance Bond and Payment (Labor and Materials) Bond. Each bond shall be for one hundred percent (100%) of the Contract Price. The surety insurer shall be admitted to transact surety business in the State of California, in accordance with Code of Civil Procedure section 995.120. Personal sureties and unregistered surety companies are unacceptable. Failure to furnish a bond within the time requirements may result in the forfeiture of the Bid Guarantee at the sole discretion of City.

X. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the CONTRACTOR for a period of three (3) calendar days after receipt of written demand from CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude the CITY from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against the CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or the CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

XI. INSURANCE
Prior to the beginning of and throughout the duration of the Work, CONTRACTOR and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

CONTRACTOR will use existing coverage to comply with these requirements. If that existing

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Packet Pg. 108 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 20 coverage does not meet the requirements set forth herein, CONTRACTOR agrees to amend, supplement or endorse the existing coverage to do so.

CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until CONTRACTOR has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to DISRICT. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. All insurance coverage and limits provided by CONTRACTOR and available or applicable under this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement limits the application of such insurance coverage.

CONTRACTOR acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to CONTRACTOR or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

A. CONTRACTOR shall provide the following types and amounts of insurance:

Without limiting CONTRACTOR's indemnification of CITY, and prior to commencement of Work, CONTRACTOR shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY.

General liability insurance CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers' compensation insurance CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Put the provisions for Umbrella Coverage back into your sample; they are used on a case by case basis depending on the size of the job:

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Packet Pg. 109 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 21 Umbrella or excess liability insurance. Contractor shall obtain and maintain an umbrella or excess liability insurance policy that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer's liability. Such policy or policies shall include the following terms and conditions:
• _A drop down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; and • Policies shall follow form to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
a. Proof of insurance CONTRACTOR shall provide endorsed certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsements must be approved by CITY's risk manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
b. Duration of coverage CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONTRACTOR,

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Packet Pg. 110 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 22 his agents, representatives, employees or subcontractors. CONTRACTOR must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies. c. Primary/noncontributing Coverage provided by CONTRACTOR shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.
d. CITY's rights of enforcement In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONTRACTOR or CITY will withhold amounts sufficient to pay premium from CONTRACTOR payments. In the alternative, CITY may cancel this Agreement.
e. Acceptable insurers All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the CITY's risk manager.
f. Waiver of subrogation All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONTRACTOR or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONTRACTOR hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its sub consultants.
g. Enforcement of contract provisions (non estoppel). CONTRACTOR acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONTRACTOR of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
h. Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

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Packet Pg. 111 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 23 i. Notice of cancellation. CONTRACTOR agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
j. Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
k. Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

I. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR1
s insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer1 s limits of
liability. The policy(ies) shall not contain any cross-liability exclusions. m. Pass through clause. CONTRACTOR agrees to ensure that its sub consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONTRACTOR, provide the same minimum insurance coverage and endorsements required of CONTRACTOR. CONTRACTOR agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. CONTRACTOR agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.
n. CITY's right to revise requirements. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONTRACTOR a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the CONTRACTOR, the CITY and CONTRACTOR may renegotiate CONTRACTOR1
s compensation.
o. Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
p. Timely notice of claims. CONTRACTOR shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONTRACTOR's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
q. Additional insurance. CONTRACTOR shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
r. Claims-made limitations. The following provisions shall apply if any of the required policies are written on a claims-made basis:
i. The retroactive Date of the policy must be shown and must be before the date of the Agreement or the beginning of the contracted work.

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Packet Pg. 112 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 24 ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work. iii. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a Retroactive Date that precedes the date of this Agreement1 CONSULTANT must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the CONSULTANT'S sole cost and expense1 any extended reporting provisions of the policy, if the CONSULTANT cancels or does not renew the coverage. iv. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.

XII. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code, CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

If CONTRACTOR is not required to register with the Department of Industrial Relations due to the Small Project Exemption, Effective July 1, 2017, CONTRACTOR is still required to maintain certified payroll records on a continuous basisl and provide them to the Labor Commissioner1
s Office upon request. Certified payroll records will be provided by CONTRACTOR to CITY upon request.

XIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted1 or is not currently inserted! then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

Clayton and Cartwright Acts: The CONTRACTOR and any and all subcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.

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Packet Pg. 113 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 25 Trenching: For any jobs involving trenching more than four (4) feet deep, the CONTRACTOR shall notify the CITY of hazardous materials, subsurface or latent physical site conditions different from those indicated in information about the site made available to bidders, as well as unusual site conditions and the CITY shall investigate those as required by Public Contracts Code Section 7104
XIV. SUBSURFACE HAZARDOUS MATERIALS
A In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class 11 or Class 111 disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR whether the conditions materially differ, or involve hazardous waste or cause a decrease or increase in the CONTRACTOR's cost of or time required for performance of any part of the work, the CONTRACTOR shall not be excused from any scheduled completion date provided for by the Agreement, but shall proceed with all work to be performed under the Agreement. The CONTRACTOR shall retain any and all rights provided either by Agreement or by law that pertain to the resolution of disputes and protests between the contracting parties XV. LIQUIDATED DAMAGES
Pursuant to Government Code Section 53069.85, if work is not completed within the contract time or in strict accordance with the Project Schedule, it is understood, acknowledged and agreed that the CITY will suffer damage. It is therefore agreed that the CONTRACTOR shall pay to the CITY the sum of Five Hundred Dollars ($500.00) for each and every calendar day of delay beyond the Contract Time, or beyond any completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule, or beyond the time indicated in the Project Schedule for any individual Contract activity.

CONTRACTOR expressly understands, acknowledges and agrees that such liquidated damages can and shall be imposed if the CONTRACTOR does not meet each and every aspect of any activity schedule, completion schedule, construction schedule or Project milestones established in or pursuant to the Project Schedule. If the CITY accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding Contract Time, a completion schedule, the Project Schedule or the accrual of liquidated

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Packet Pg. 114 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 26 damages. In the event the same is not paid, the CONTRACTOR further agrees that the CITY may deduct the amount thereof from any money due or that may become due the CONTRACTOR under the Agreement. This Article does not exclude recovery of damages under provisions of the Contract Documents, and is expressly in addition to the CITY's ability to seek other damages.

XVI. COMPONENT PARTS OF THE CONTRACT
A. The complete Agreement shall consist of the following component parts, to-wit: This Agreement; Amendments or Change Orders, if any; Addenda, if any; the solicitation and the accepted CONTRACTOR's bid proposal, dated , 2023, including all required attached documents; each of the component parts of the "PARKS DIVISION YARD IMPROVEMENTS PROJECT", dated . 2023; and any and all attachments to this Agreement.

This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).

B. In the event of any discrepancy between or among the portions of the Agreement Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications; (b) this Agreement; (c) the accepted CONTRACTOR's bid/proposal; (d) Addenda, if any; and (e) the solicitation, dated ,2023.

C. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or condition(s) and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon CITY except when specifically authorized by signed written amendment to this Agreement issued in accordance with the provisions of this Agreement.

D. All days set out here shall be calendar days unless otherwise specified.

XVII. ENTIRE CONTRACT
This Contract constitutes the entire contract of the parties. No other Contracts or contracts, whether oral or written, pertaining to the work to be performed, exist between the parties.

This Contract can be modified only by an amendment in writing, signed by both parties.

No waiver of any term or condition of this Agreement shall be a continued waiver thereof.

CONTRACTOR CITY
City of El Centro
By: _
Title: _
Date: _
By:------------
Title: _
Date: _

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Packet Pg. 115 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 27 ATTACHMENTS:

Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond

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Packet Pg. 116 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 28 FAITHFUL PERFORMANCE BOND
Whereas, CITY OF EL CENTRO, State of California, and (hereinafter designated as 11Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 2023, and identified as project , is hereby referred to and made a part hereof; and Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and , as surety, are held and firmly bound unto the CITY OF EL CENTRO (hereinafter called (
11City"), in the penal sum of dollars
($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY OF EL CENTRO, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 2023.

Principal
By:

Surety
By: _
Its Attorney-in-Fact

END OF FAITHFUL PERFORMANCE BOND

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Packet Pg. 117 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 29 1 1

LABOR AND MATERIALS BOND
Whereas the CITY OF EL CENTRO State of California, and (hereinafter designated as 11the Principal") have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated , 2023, and identified as project , is hereby referred to and made a part hereof; and Whereas, under the terms of the agreement, the Principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of El Centro to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

Now, therefore, the Principal and the undersigned as corporate surety and admitted surety insurer, are held firmly bound unto the City of El Centro f'City") and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of dollars ($_), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 2023.

Principal
By:-----------
Surety
By: _
Its Attorney-in-Fact

END OF LABOR AND MATERIALS BOND

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Packet Pg. 118 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 30 WORKERS' COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by Labor Code §§1860 and 1861:

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 before commencing the performance of the work of this contract.

Date Contractor's Name
Contractor's Signature
Title
ATTEST:

By
Signature
Title

END OF WORKERS' COMPENSATION INSURANCE CERTIFICATE

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Packet Pg. 119 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 31 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

Contractor certifies compliance with the City of El Centre's Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code section 8350 et. seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.

Dated
Contractor's Name
Contractor's Signature
Title

END OF DRUG/ALCOHOL TESTING REQUIREMENTS

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Packet Pg. 120 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project)

SUBCONTRACTORS LISTING
The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.005%) of the prime contractor's total bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion of the WORK. If the Bidder does NOT intend to use ANY subcontractors, then state "NONE" in the first block.

The Bidder's attention is directed to the provisions of the section entitled "Subcontract Limitations" of the Supplementary General Conditions, which stipulates the percent of the WORK to be performed with the Bidders' own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection.

NAME STATE CONTRACTOR'S

PORTION OF WORK PLACE OF BUSINESS LICENSE AND
ADDRESS/TELEPHONE NO. DIR REGISTRATION NO.

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Packet Pg. 121 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 33 * D No subcontractor will be used for this project.
*Indicate if no subcontractor will be used.

END OF SUBCONTRACTORS LISTING

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Packet Pg. 122 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 34 NON-COLLUSION DECLARATION FOR CORPORATION
The undersigned declares:

I am the of ,the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. 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. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. 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. All statements contained in the bid are true.

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, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at _..city], state]."

END OF NONCOLLUSION DECLARATION FOR CORPORATION

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Packet Pg. 123 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 35 CORPORATE CERTIFICATION OR PARTNERSHIP INFORMATION
Name of Corporation or Partnership
State of Incorporation
List names and addresses of each partner, or titles, names and business addresses of President, Secretary and Treasurer.

Date Contractor
Signature _ Title _
ATTEST:

Signature by
Title

END OF CORPORATE CERTIFICATION

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Packet Pg. 124 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 36 CONTRACTOR'S CERTIFICATION OF QUALIFICATION

FOR LICENSE CLASSIFICATION
After award of the contract, the Contractor, whether an individual, co-partnership, limited partnership, corporation, or any other combination or organization, shall execute the following form:

1. If an individual, I hereby certify that I am, or my responsible managing employee {insert name) is, qualified for the license classification called for in these contract documents.

2. If a co-partnership or limited partnership, the general partner hereby certifies that the general partner {insert name), or responsible
managing employee {insert name), is
qualified for the license classification called for in these contract documents.

3. If a corporation, or any other combination or organization, the responsible managing officer {insert name), or a responsible
managing employee {insert name), is
qualified for the license classification called for in these contract documents.

If the individual who qualifies the Contractor for the license classification called for in these contract documents changes during the progress of the work, then Contractor shall, within seven (7) days of any such change, notify the Director of Public Works in writing of such change, including the name, license number and status of the individual.

For the purpose of this Certification, a responsible managing employee shall mean an individual who is a bona fide employee of the Contractor and is actively engaged in the classification of work for which that individual is the qualifying person on behalf of the Contractor under California law.

DATED: _CONTRACTOR: _
SIGNATURE: TITLE: _
ATTEST:

SIGNATURE BY:

TITLE: _

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Packet Pg. 125 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 37 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word "City”' shall mean the City of El Centro, California. b) The term "City Council" shall mean the City Council of the City of El Centro. c) The word "Contractor11 shall mean the party entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The term "Days11 shall mean calendar days unless otherwise specifically provided. e) The term "Director of Community Services" shall mean the City of El Centro Community Services Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. f) The words “General Conditions” and GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the latest Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081 (760) 734- 1113.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement and all documents referenced there, constitute the Contract. These Contract documents are complimentary, and what is called for in any one (1) shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely set forth in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE COMMUNITY SERVICES DIRECTOR
The Community Services Director shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor's methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Community Services Director, who shall decide the same in accordance with the true intent and meaning as construed by him, and his decision shall

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Packet Pg. 126 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 38 be binding on the Contractor. Any differences or conflicts which may arise between the Contractor and other contractors of the City in regard to their work shall be adjusted and determined by the Community Services Director.
1-04 ACCESS TO WORK
The Community Services Director, her assistants, inspectors, agents, and other employees shall at all times and for any purposes have access to the work and the premises used by the Contractor, and the Contractor shall provide safe and proper facilities therefor. 1-05 LINES AND GRADES
All distances and measurements are given and will be made in horizontal plane. Grades are given from the top stakes, or nails, unless otherwise noted on the plans.

Three consecutive points shown in the same rate of slope must be used in common, in order to detect any variation from a straight grade, and in case any such discrepancy exists, it must be reported to the Community Services Director. If such a discrepancy is not reported to the Community Services Director, the Contractor shall be responsible for any error in the finished work.

Services Assistance Notice: The Contractor shall give at least twenty-four (24) hours' notice in writing when he will require the services of the Community Services Director for laying out any portion of the work. The Contractor shall furnish the Community Services Director such facilities and labor necessary for marking and maintaining points and lines as he may require. Labor furnished by the Contractor for such purposes will be paid for as extra work.

The Contractor will preserve all stakes and points set for lines, grades or measurements of the work in their proper places until authorized to remove them by the Community Services Director.

All expenses incurred in replacing stakes that have been removed without proper authority shall be paid by the Contractor.
1-06 LEGAL ADDRESS OF CONTRACTOR
The address given in the Contractor's proposal on which the contract is founded is hereby designated as the place to which all notices, letters, and other communications to the Contractor shall be mailed or delivered. The mailing to or delivering at the above-named place of any notice, letters, or other communication to the Contractor shall be deemed sufficient service thereof upon the Contractor. The date of said service shall be the date of such mailing or delivery. Such address may be changed at any time by a written notice signed by the Contractor and delivered to the Community Services Director.
1-07 CONTRACTOR'S RESPONSIBILITIES
(a) The Contractor shall be responsible for safe, efficient, and adequate methods and equipment during the progress of the work so as to secure the safety of the workers, the quality of work required and the required rate of progress. (b) The Contractor shall bear all losses resulting to him on account of the amount of character of the work, or from any unforeseen obstructions or difficulties, which may be encountered, on account of the weather, floods, or other causes.

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Packet Pg. 127 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 39 (c) As set out in the Construction Agreement and Section I-48 below, the Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract.
(d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at his.expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the California Manual on Uniform Traffic Control Devices (California MUTCD"). Contractor shall submit two (2) traffic control plans in a minimum of two (2) business weeks for pre-approval by the Director of Public Works before starting construction work.
1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Community Services Director with information and drawings of all such structures as may be required. (b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.

The Contract documents for the work show conditions as they are supposed or believed by the Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of it officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been

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Packet Pg. 128 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 40 approved by the Community Services Director, accept by direction of the Community Services Director.

Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Community Services Director and authorized in writing.

Working drawings or plans for any structure not included in the plans furnished by the Community Services Director shall be approved by the Community Services Director before any work involving these plans shall be performed, unless approval is waived in writing by the Community Services Director.

It is mutually agreed, however, that approval by the Community Services Director of the Contractor's working plans does not relieve the Contractor of any responsibility for accuracy of dimensions and details, and that the Contractor shall conform to the approved plans and specifications.
1-11 PERSONAL ATTENTION
The Contractor shall give his personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Community Services Director. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Community Services Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 CONTRACTOR CLAIMS
Any claim by the Contractor regarding this Contract is subject to the provisions of Public Contract Code Section 9204 attached and incorporated as Exhibit "A". 1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Community Services Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Community Services Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Community Services Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time. (b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract.

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Packet Pg. 129 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 41 1-15 ASSIGNMENT FORBIDDEN
The Contractor shall not assign, transfer, convey, or otherwise dispose of this contract, or of his right, title or interest in or to the same or any part thereof, without the previous consent in writing of the Community Services Director and he shall not assign, by power of attorney or otherwise, any of the monies to become due and payable under the contract unless by and with the like consent signified in like manner. If the Contractor shall, without such previous written consent, assign, transfer, convey or otherwise dispose of the contract or of his right, title or interest therein, or of any of the monies to become due under the contract, to any other person, company or other corporation, the contract may at the option of the City be terminated and revoked, and the City shall thereupon be relieved and discharged from any and all liability and obligations growing out of the same to the Contractor, and to his assignee or transferee.

No right under the contract, nor any right to any money to become due hereunder, shall be asserted against the City in law or equity by reason of any so-called assignment of the contract, or any part thereof, or by reason of the assignment of any monies to become due hereunder, unless authorized as aforesaid by the written consent of the Community Services Director. 1-16 SUBLETTING
The Contractor shall give his personal attention of the fulfillment of the contract and shall keep the work under his control. Subcontractors will not be recognized as such, and all persons engaged in the work of construction will be considered as employees of the Contractor, and their work shall be subject to the provisions of the contract and specifications. Where a portion of the work sublet by the Contractor is not being prosecuted in a manner satisfactory to the Community Services Director, the subcontractor shall be removed immediately on the recommendation of the Community Services Director and shall not again be employed on the work. 1-17 SUSPENSION OF CONTRACT
(a) If the work to be done under the contract shall be abandoned by the Contractor, or if the Contractor shall make a general assignment for the benefit of his creditors or be adjudicated a bankrupt, or if a receiver of his property or business is appointed by a court of competent jurisdiction, or if this contract shall be assigned by him otherwise than hereinbefore specified, or if at any time the Community Services Director shall be of the opinion that the performance of the contract is unnecessarily or unreasonably delayed, or that the Contractor is willfully violating any of the conditions or covenants of the contract, or of the specifications, or is executing the same in bad faith or not in the time named in the contract for its completion, or within the time to which the completion of the contract may have been extended as hereinbefore provided, the Community Services Director, acting on behalf of the City, may, by written notice, instruct the Contractor to discontinue all work or any part thereof under this contract.
(b) When such written notice is served upon the Contractor as provided in section 1-06, he shall immediately discontinue the work or such part thereof as is covered by the notice and shall not resume the same except by written instructions from the Director of Public Works. In any such case, the City may take charge of the work and complete it by a new contract or by force account. In so doing, the City may take possession of and use any of the materials, plant, tools, equipment, supplies and property of every kind provided by the Contractor for the purposes of his work. The City may procure other materials and provide labor for the completion of same, or contract therefore and charge the expense of completion by either method to the Contractor. These charges shall be deducted from

6.b
Packet Pg. 130 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 42 such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Community Services Director, to reimburse the Contractor or the Contractors sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Community Services Director, shall be required, and all necessary estimates and appraisements shall be made by him.

When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workers employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK- EXTENSION OF TIME- NO EXTRA COMPENSATION (a) The Community Services Director shall have the authority to suspend the work wholly or in part, for such period as she may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as she may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Community Services Director. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Community Services Director in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Community Services Director. (c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications or as otherwise required by law. 1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such

6.b
Packet Pg. 131 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 43 1
1 default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified! the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs! assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions! strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Community Services Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Community Services Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Community Services Director may prescribe a modification of requirements of methods of work. For such purposes, the Community Services Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work the Community Services Director shall make reasonable allowance therefore, which action shall be binding upon both parties. (b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract1 wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
(c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Community Services Director.
1-21 EXTRA WORK

6.b
Packet Pg. 132 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 44 (a) If during the performance of the contract, it shall, in the opinion of the Community Services Director, become necessary or desirable for proper completion of the contract to order work done or materials or equipment furnished which in the opinion of the Community Services Director are not susceptible of classification under the bid items, the Contractor shall do and perform such work and furnish such materials and equipment as extra work, as hereinafter provided. All extra work shall be ordered in writing before it is started. No extra work shall be paid for unless ordered in writing. (b) Extra work will ordinarily be paid for at a lump sum or unit price agreed upon in writing by the Community Services Director and the Contractor before the extra work shall be ordered.
(c) Whenever in the judgment of the Community Services Director extra work or extra material, as the case may be, is not of like character to and is not susceptible of classification under the bid items of the contract as specified, and it is impracticable because of the nature of the work, or for any other reason to fix the price before the extra work order shall be issued, extra work and material, when furnished by the Contractor, shall be paid for at actual necessary cost of materials, supplies, labor (including foremen's wages), Workers' Compensation insurance, contributions made to the State as required by the provisions of the Unemployment Insurance Act, Chapter 352, Statutes of 1935, as amended, taxes paid to the Federal government as required by The Social Security Act, approved August 14, 1935, as amended and the reasonable value of the use of equipment for the actual time it is used, all as determined by the Director of Public Works, plus fifteen percent (15%) to cover the following:

Profit
General Expenses
All insurance except Workers' Compensation insurance
Excise taxes
Property taxes
Bond premiums
License and inspection fees imposed by any governmental authority Any and all other items of expense not specifically mentioned under subsection (c) herein
The Community Services Director determination and certification of said actual necessary cost shall be binding and conclusive on the Contractor, and the Community Services Director shall be deemed the arbiter to determine the cost of such work. (d) If any work or materials be ordered under this section on a cost-plus basis, the Contractor shall, at the times directed during the performing of the work or the furnishing of the materials, render to the Community Services Director, written reports in prescribed form, showing all items that may enter into the cost, the quantity and the character of each such material, from whom purchased and the net amount paid or to be paid therefore, and such other information as directed. If required, the Contractor shall produce any books, vouchers, other records, or memoranda, which will assist the Community Services Director in determining the true, necessary cost of the work and materials to be paid for. (e) Any extra work performed hereunder shall be subject to all the provisions of the contract and the Contractor's sureties shall be bound with reference thereto as under the original contract.
1-22 COST BREAKDOWN

6.b
Packet Pg. 133 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 45 Within ten (10) days after commencing work, the Contractor shall submit, to the Community Services Director, a cost breakdown in duplicate of all unit and lump sum prices under the contract. The breakdown, as approved, may be used by the Community Services Director to verify the fair value of the work for progress payments. 1-23 PROGRESS ESTIMATES
The Community Services Director shall, on or about the fifth (5th ) day of each calendar month,
except as provided in section 1-23, make in writing and certify an estimate such as in her/his opinion shall be just and fair, of the amount and value of the work done by the Contractor and of the amount and value of all acceptable materials furnished and delivered by the Contractor to the site and not used up to that time in the performance of the contract. To the figure thus arrived at, shall be added any amounts due the Contractor for extra work and the amount of any approved claims for extra cost to the date of the progress estimate.

A deduction of five percent (5%) shall be made from the estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused, and from the remainder there shall be further deducted any amounts due the City from the Contractor for supplies or materials furnished or services rendered and any The other amounts that may be due the City under the terms of the contract. From the balance thus determined shall be deducted the amount of all previous payments and the remainder shall constitute the progress estimate for that month.

Such progress estimates shall not be required to be made by strict measurement, but they may be made by measurement or by estimation, or partly by one method or partly by the other, and it shall be sufficient if they are approximate only.

Pursuant to Public Contract Code §22300, the Contractor has the option of substituting securities for any money that is withheld under this section.
1-24 PROGRESS ESTIMATES MAY BE WITHHELD
The progress estimates provided for in section 1-23 hereof may at any time be withheld or reduced if, in the opinion of the Community Services Director, the Contractor is not diligently and efficiently endeavoring to comply with the intent of the contract, or if the Contractor shall fail to pay his labor and material bills as they become due.
1-25 PROGRESS PAYMENTS
(a) Upon each progress estimate being made and certified in writing, the City shall, within fifteen (15) days after the date of such estimates, except as set forth in subsection (b) hereof, pay to the Contractor the amount stated in such estimates to be due the Contractor; provided, however, that the City may at all times reserve and retain from such progress payments, in addition to the retained percentage and other amounts above mentioned to be deducted in computing the progress estimated, any sum or sums which by the terms hereof, or of any law of the State of California, it is or may be authorized or required to reserve or retain; and provided further, that no progress estimate or progress payment shall constitute an acceptance of the work or any portion thereof. The percentage deducted as above set forth shall become due and payable with and as a part of the final payment to be made as hereinafter provided.

6.b
Packet Pg. 134 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 46 1
1 1
(b) In the event the contract or any part thereof shall be suspended as provided in section 1- 17, the retained percentage as provided in section 1-23 shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Community Services Director the Contractor shall have completely performed the contract on his part, the Community Services Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Community Services Director's statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present.
(b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Community Services Director shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Community Services Director shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work! the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made thereunder shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder if any of the amount kept or retained as provided in section 1-31.
1-29 NO PERSONAL LIABILITY

6.b
Packet Pg. 135 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 47 No agent of the City shall be personally responsible for any liability arising under the contract. No claims shall be made or filed and neither the City nor any of its agents shall be liable for or held to pay any money, except as specifically provided in the contract. 1-30 MONIES MAY BE RETAINED
The City may keep any monies which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefore, to the payment of any expense, losses or damages as determined by the Community Services Director incurred by the City for which the Contractor is liable under the contract.
1-31 UNPAID CLAIMS
If, upon or before the completion of the work herein agreed to be performed or at any time prior to the expiration of the period within such claims of liens may be filed for the record as prescribed by Civil Code §§ 9350 et seq,, any person or persons claiming to have performed any labor or furnished any material, supplies or services toward the performance or completion of this contract, or that they have agreed to do so, shall file with the City a verified statement of such claim, stating in general terms the kind of labor and materials and the name of the person to or for whom the same was done or furnished, or both, together with a statement that the same has not been paid or if any person or persons shall bring against the City or against any agent or agents thereof any action to enforce such claim, the City shall until the discharges thereof withhold from the monies under its control so much of said monies due or to become due the Contractor under this contract as shall be sufficient to satisfy and discharge the amount in such notice or under such action claimed to be due, together with the costs thereof; provided that if the City shall in its discretion permit the Contractor to file such additional bonds as is authorized by Civil Code §9364, in a penal sum equal to one hundred twenty-five percent (125%) times the amount of said claim, said monies shall not thereafter be withheld on account of such claim. 1-32 ADDITIONAL SURETY
If during the continuance of the contract, any of the sureties upon the faithful performance bond in the opinion of the Community Services Director are/or become insufficient, he may require additional sufficient sureties which the Contractor shall furnish, to the satisfaction of the Community Services Director, within fifteen (15) days after notice and in default thereof the contract may be suspended and the work completed as provided in section 1-17 hereof. 1-33 PREVAILING RATE OF PER DIEM WAGES
The City has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of worker or mechanic needed to execute the contract and has specified same in the Notice of Inviting Bids which is attached hereto and made a part of the contract. The Contractor shall forfeit as a penalty to the City of not more than fifty dollars ($50) for each laborer, worker or mechanics employed for each calendar day or portion thereof, such laborer, worker or mechanic is paid less than the required rates for any work done under the contract by him or by any subcontractor under him in violation of the provisions of the California Labor Code.
1-34 PAYMENT OF WAGES
The issuance as payment for wages of any evidence of indebtedness is prohibited unless the same is negotiable and payable on demand without discount. Wages must be paid at least semimonthly on regular pay days established in advance, and shall include all amounts for labor

6.b
Packet Pg. 136 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 48 or services performed by employees of every description as required under the provisions of the California Labor Code.
1-35 EIGHT {8) HOUR LAW
The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1816, inclusive, relating to working hours. The time of service of any laborer, worker or mechanic employed on the work shall be limited and restricted to eight (8) hours during any one (1) calendar day, except in cases of an extraordinary emergency caused by fire, flood or danger to life or property and the Contractor shall forfeit as a penalty to the City of twenty-five dollars ($25) for each such laborer, worker or mechanic employed in the execution of this contract by him or any subcontractor under him for each calendar day during which such laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in violation of the provisions of the California Labor Code.
1-36 OVERTIME - NO EXTRA COMPENSATION
Overtime work (i.e., work in excess of eight (8) hours in any one (1) calendar day or work performed on a Sunday or other legal holiday} shall not entitle the Contractor to any compensation for any contract item in addition to that set forth in the contract for the kind of work performed even though such overtime or legal holiday work may be required under emergency conditions, and may be ordered by the Community Services Director in writing. In case of extra work ordered by the Community Services Director under the provisions of section 1-21 hereof, no additional payment will be made to the Contractor because of the payment by him of overtime or legal holiday rates for such work, unless the use of overtime or legal holiday work in connection with such extra work is specifically ordered in writing by the Community Services Director and then only to such extent as extra payment is regularly being made by the Contractor to his men for overtime or legal holiday work of a similar nature in the same locality. 1-37 CHARACTER OF WORKERS
None but skilled workers shall be employed on work requiring special qualifications. When required in writing by the Community Services Director, the Contractor or any subcontractor shall discharge any person who is in the opinion of the Community Services Director, incompetent, unfaithful, disorderly or otherwise unsatisfactory and shall not again employ such discharged person on the work except with the consent of the Community Services Director. Such discharge shall not be the basis of any claim for compensation or damage against the City or any of its officers.
1-38 SAMPLES AND TESTS
At the option of the Community Services Director, the source of supply of each of the materials shall be approved by the Community Services Director before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the work for testing or examination as desired by the Community Services Director.

All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests are prescribed in these specifications.

The Contractor shall furnish such samples of materials as are requested by the Community Services Director, without charge. No material shall be used until it has been approved by the

6.b
Packet Pg. 137 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 49 Community Services Director. Samples will be secured and tested whenever necessary to determine the quality of material.
1-39 INSPECTION
The Director of Public Works shall at all times have access to the work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship and character of materials used and employed in the work.

Whenever the Contractor varies the period, which work is carried on each day, he shall give due notice to the Community Services Director, so that proper inspection may be provided. Any work done in the absence of the Community Services Director will be subject to rejection. The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Community Services Director and accepted or estimated for payment. 1-40 DEFECTIVE WORK OR MATERIALS - WARRANTIES, GUARANTEES AND

INSTRUCTION SHEETS
(a) If the work, or any part thereof, shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defects without compensation in a manner satisfactory to the Community Services Director, and the cost of any excess material furnished by the City shall be borne by the Contractor. (b) All materials not conforming to the requirements of these specifications shall be considered as defective and all such material whether in place or not shall be rejected and shall be removed immediately from the site of the work unless otherwise permitted by the Community Services Director. No rejected material, the defects of which have been subsequently corrected shall be used until approved in writing by the Community Services Director.
(c) Upon failure on the part of the Contractor to comply with any order of the Community Services Director made under the provisions of this article, the Community Services Director shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. (d) The work shall be warranted by the Contractor against defective materials and workmanship for a period of one (1) year. The warranty period shall start on the date the work was completed as determined by the Engineer.
(e) The warranty period for specific items covered under manufacturers' or suppliers' warranties shall commence on the date they are placed into service at the direction of or as approved by the Engineer in writing.
(f) All warranties, express or implied, from subcontractors, manufacturers or suppliers, of any tier, for the materials furnished and work performed shall be assigned, in writing, to the City, and any such warranties shall be delivered to the Engineer prior to acceptance of the Contractor's performance of the contract.
(g) The Contractor shall replace or repair defective materials and workmanship in a manner satisfactory to the Engineer, after notice to do so from the Engineer, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within

6.b
Packet Pg. 138 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 50 the time specified in the notice, the City may perform the replacement or repairs at the Contractor's expense. If the Contractor fails to reimburse the City for the actual costs, the Contractor's Surety shall be liable for the cost thereof. 1-41 USE OF COMPLETED PORTIONS
The City may at any time during progress of the work, after written notice to the Contractor, take over and place in service any completed portions of the work which are ready for service, although the entire work of the contract is not fully completed and notwithstanding the time for completion of the entire work or such portions which may not be expired. In case, the City shall issue certificates of acceptance for such portions of the work but such taking possession thereof shall not be deemed an acceptance of any other portion of the work, nor of any incomplete portions, nor of any work not completed in accordance with the contract documents. 1-42 PROPERTY RIGHTS IN MATERIALS
Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil or after payment has been made for the value of unused material delivered to the site of the work as provided for in section 1-23 hereof. All such materials attached or affixed or unused shall become the property of the City.
1-43 TITLE TO MATERIALS FOUND ON THE WORK
The right to the use of all soil, stone, gravel, sand and all other materials and equipment developed or obtained in the excavation or other operations by the Contractor or any subcontractor or any of their employees and the right to use and/or dispose of the same are hereby expressly reserved in the City and neither the Contractor, nor any subcontractor nor any of their employees shall have any right, title or interest in or to any part thereof nor shall they, nor any of them, assert or make any claim thereto. The Contractor shall be permitted to use in the work, without charge, any such materials, which meet the requirements of these specifications. 1-44 ENFORCEMENT OF ORDER
The Contractor shall be responsible for maintaining good order at the site where work is performed under this contract and to that end shall employ such watchmen or other persons as may be required. Unauthorized persons shall be excluded from the site of the work. The Contractor shall not sell, nor shall he permit or suffer the introduction or use of intoxicating liquors or narcotics upon the works embraced in these specifications or upon any of the grounds occupied or controlled by him in connection with such works.
1-45 PATENTS AND COPYRIGHTS
The Contractor shall hold and save the City, it officers, agents and employees harmless from liability of any nature and kind including costs and expenses for or on account of any copyrighted or copyrighted composition, secret process, patented or un patented invention, article or appliance manufactured, furnished or used by him in the performance of this contract, including their use by the City, unless otherwise specifically set forth in the contract. 1-46 LAWS AND REGULATIONS
(a) The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which in any manner affect those engaged or employed

6.b
Packet Pg. 139 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 51 on the work or the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency should be discovered in this contract, or in the drawings or specifications herein referred to in relation to any such law, ordinance or regulation, he shall forthwith report the same in writing to the Community Services Director. He shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation whether by himself or by his employees.
(b) Except as otherwise explicitly provided elsewhere in these specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense, and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
(c) All Federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 RESPONSIBILITY FOR DAMAGE In addition and complimentary to the provisions of the Construction Agreement
(a) Indemnity Agreement
In addition and complementary to any other indemnification provided for the project, and except for the gross negligence or willful misconduct of an lndemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at indemnitees' option), indemnify, protect and hold harmless the City and its project consultants, engineers, officers, agents, and employees ('indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of the Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:

1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors;

2. Any operation conducted upon or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;

6.b
Packet Pg. 140 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 52 3. Any act, omission or negligence of the Contractor, its officers, agents, employees, or subcontractors.

4. Any failure of the Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable Federal, State, regional or municipal law, ordinance, rule or regulation; and

5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by the Contractor on any other premises in the care, custody and control of the City.

The Contractor also shall indemnify the City and pay for all damage or loss suffered by the City including but not limited to damage to or loss of the City's property, to the extent not insured by the City and loss of the City's revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).

The Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an lndemnitee. However, without affecting the rights of the City under any provision of this Agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City's active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement. In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section.

Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.

This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the indemnitees may have under the law or under any other contract documents or agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the lndemnitees' interests.

The City shall, in its sole discretion, determine whether such assurances or reasonable. 1-49 TRESPASS

6.b
Packet Pg. 141 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 53 The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY. SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded.

In case such regulations and orders are not observed by the Contractor they may be enforced by the Community Services Director at the Contractor's expense. 1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition.
1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for Public Works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.

Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Community Services Director will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.

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Packet Pg. 142 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 54 1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:

1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (.005%) of the Contractor's total bid.

1. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.

2. His State registration number
(b) No Contractor whose bid is accepted shall, without the consent of the City either:

1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.

2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.

3. Sublet or subcontract any portion of the work in excess of one-half of one percent (.005%) of the Contractor's bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity.

END OF GENERAL CONDITIONS

6.b
Packet Pg. 143 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 55 You do not need these if you don’t have state funds
here SUPPLEMENTARY GENERAL CONDITIONS
(STATE)
CALIFORNIA STATE REQUIREMENTS- These prevail over conflicting provisions of the General Conditions

1. State Wage Determinations:
a) As required by Labor Code §§1770 et seq., the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. b) In accordance with Labor Code §1775, the Contractor shall, as a penalty to the City, forfeit not more than two hundred dollars ($200) for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her.

2. Workers' Compensation:
a) In accordance with the provisions of Labor Code §3700, the Contractor shall secure the payment of compensation to his employees.
b) Prior to beginning work under the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract." c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the City, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of Workers' Compensation.

3. Apprentices on Public Works: The Contractor shall comply with all applicable provisions of Labor Code §1777.5 relating to employment of apprentices on public works.

4. Working Hours: The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than one and one-half (1.5) times the basic rate of pay.

5. Contractor Not Responsible For Damage Resulting From Certain Acts of God:

As provided in Public Contract Code §7105, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five percent (5%) of the contracted amount,

6.b
Packet Pg. 144 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 56 provided, that the work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to

6.b
Packet Pg. 145 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 57 indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the work. For purposes of this section, the term "acts of God" shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of three and one-half (3.5) on the Richter Scale and tidal waves.

6. Notice of Completion: In accordance with Civil Code §§9204 and 9208, within fifteen (15) days after date of acceptance of the work by the City's governing body, the City will file, in the County Recorder's office, a Notice of Completion of the work.

7. Unpaid Claims: If, at any time prior to the expiration of the period for service of a stop payment notice, there is served upon the City a stop payment notice as provided in Civil Code §§9350 et seq., the City shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due to the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop payment notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the construction manager shall, in its discretion, permit the Contractor to file with the City the bond referred to in Civil Code §9364, said monies shall not thereafter be withheld on account of such stop payment notice.

8. Concrete Forms, False work, and Shoring: The Contractor shall comply fully with the requirements of section 1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, false work and shoring, and the inspection of same prior to placement of concrete. Where the said section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the false work or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents.

9. Retainage From Monthly Payments: Pursuant to Public Contract Code §22300, the Contractor may substitute securities for any money withheld by the City to insure performance under the Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City or with a State or Federally chartered bank as the escrow agent, who shall return such securities to the Contractor upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement between the escrow agent and the City which provides that no portion of the securities shall be paid to the Contractor until the City has certified to the escrow agent, in writing, that the Contract has been satisfactorily completed. The City will not certify that the Contract has been satisfactorily completed until at least thirty (30) days after filing by the City of a Notice of Completion. Securities eligible for investment under Public Contract Code §22300 shall be limited to those listed in Government Code §16430 and to bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City.

10. Public Works Contracts; Assignment to Awarding Body: In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. sec. 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

6.b
Packet Pg. 146 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 58 11. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules and Regulations: (a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual's name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual's full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual's social security number.

6.b
Packet Pg. 147 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 59 (f) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision. (g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address. (h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.

12. Cultural Resources: The Contractor's attention is directed to the provisions of the Clean Water Grant Program Bulletin 76A which augments the National Historic Preservation Act of 1966 (16 U.S.C. 470) as specified under section 01560, "Temporary Environmental Controls" of the General Requirements.

13. Protection of Workers In Trench Excavations: As required by Labor Code §6705 and in addition thereto, whenever work under the Contract involves the excavation of any trench or trenches five (5) feet or more in depth, the Contractor shall submit for acceptance by the City or by a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a registered civil or structural engineer employed by the Contractor, and all costs therefore shall be included in the price named in the Contract for completion of the work as set forth in the Contract Documents. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this section shall be construed to impose tort liability on the City, the Construction Manager, the Design Consultant or any of their officers, agents, representatives, or employees.

14. Travel and Subsistence Pay:
a) As required by Labor Code §1773.1, the Contractor shall pay travel and subsistence payments to each worker needed to execute the work, as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with this section. b) To establish such travel and subsistence payments, the representative of any craft, classification or type of worker needed to execute the contracts shall file with the Department of Industrial Relations fully executed copies of collective bargaining agreements for the particular craft, classification or type of work involved. Such agreements shall be filed within ten (10) days after their execution and thereafter shall establish such travel and subsistence payments whenever filed thirty (30) days prior to the call for bids.

6.b
Packet Pg. 148 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 60 15. Removal, Relocation or Protection to Existing Utilities:
a) In accordance with the provisions of Government Code §4215, any contract to which a public agency as defined in Government Code §4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunkline utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The agency will compensate Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.
b) The Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or the city of the utility to provide for removal or relocation of such utility facilities. c) Nothing herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of construction; provided, however, nothing herein shall relieve the public agency from identifying main or trunklines in the plans and specifications.
d) If the Contractor while performing the contract discovers utility facilities not identified by the public agency in the contract plans or specifications, he shall immediately notify the public agency and utility in writing.
e) The public utility, where they are the City, shall have the sole discretion to perform such repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

16. Contractor License Requirements: In accordance with Business and Professions Code §7028.15, a licensed contractor shall not submit a bid to a public agency unless his or her contractor's license number appears clearly on the bid, and the license expiration date is stated.

Any bid not containing this information, or a bid containing information which is subsequently proven false, shall be considered nonresponsive and shall be rejected by the public agency.

17. Prohibiting Work by Certain Contractors: Pursuant to the provisions in Labor Code §§1777.1 and 1777.7, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at:
http://www.dir.ca.gov/DLSE/Debar.html.

END OF CALIFORNIA STATE REQUIREMENTS

END OF SUPPLEMENTARY GENERAL CONDITIONS

6.b
Packet Pg. 149 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) 61 SPECIAL PROVISIONS

1. ORDER OF WORK
Prior to commencement of any work on the project, a preconstruction conference will be held for the purpose of review and discussion of progress schedule and construction procedures. At the discretion of the Community Services Director, periodic meetings involving project personnel (Contractor, utility and others) will be held for the purpose of coordinating project activities.

2. STARTING AND COMPLETION OF WORK
The work called for in these contract documents shall commence within (10) calendar days after that date set out in the Notice-to-Proceed issued by the City, and shall be diligently pursued to completion within (120) calendar days of said date.

3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the contractor will pay to the City the sum of five hundred dollars ($500) per day for each and every day of delay beyond the time prescribed to complete the work.

4. MAINTAINING TRAFFIC
The Contractor shall maintain two way traffic in the work area in accordance with the "Manual of Traffic Controls for Construction and Maintenance Work Zones" and the MUTCD, 1990 Edition or as modified, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.

Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic.

5. PERMIT FEES
The General Contractor shall be responsible for paying permit fees to the City.

6. CONSTRUCTION SIGN
The Contractor shall provide a four (4) foot tall by eight (8) foot wide construction sign to be visible to the public and maintained in good order for the duration of construction. Artwork for the sign shall be provided to the Contractor by the City.

6.b
Packet Pg. 150 Attachment: 00067629 Final Bid Documents (5834 : Parks Division Yard Improvements Project) City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Discussion
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ACTION ITEM (ID # 5847) DOC ID: 5847
Discussion and any necessary direction regarding the
change in time for holding the closed session during a
regularly schedule City Council meeting.

CITY MANAGER’S RECOMMENDATION:

Discussion and consideration of request.

FISCAL IMPACT:

No fiscal impact.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

N/A
DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

DEPARTMENT VERIFY CURRENT EL CENTRO BUSINESS LICENSE,
CONTRACTORS LICENSE, REFERENCE CHECKS, INSURANCE, ETC:

N/A
BACKGROUND:

Council member Sonia Carter has asked that the Council consider changing the time of the closed session held as part of each portion of the regular City Council meeting.

Those closed sessions currently are scheduled at 11:30 of the day of the City Council meeting.

DISCUSSION:

Council member Carter has asked that the Council consider holding the closed session at a time in the evening before or after the regular meeting.

CONCLUSION:

City Council should consider and take action on this request. 7 Packet Pg. 151
City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5845) DOC ID: 5845
Imperial Avenue / Euclid Avenue sink hole emergency work update
Background
On September 27, 2022 Council approved an emergency declaration regarding Hurricane Kay through Resolution 22-103.

On October 4, 2022 City Council approved emergency repair work at the Imperial Avenue @ Euclid Avenue sink hole and authorized up to $750,000 Waste Water Enterprise Fund budget towards repairs through a change order to the existing city contract with A&R Construction for the Alder Sewer Repairs. The approval was through Resolution 22-106.

Work Update
The 10/15/22 Imperial Storm following Hurricane Kay delayed repairs at this site as the work site was completely flooded. Work resumed and the root cause of the sink hole has been repaired. Traffic is fully open at the intersection. A final course of asphalt is pending to be performed.

Staff has received the invoice from A&R for the work and is in the process of routing for approval. The work is within Council budget approval. Staff is working with CalOES for potential State participation.

Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 8 Packet Pg. 152
City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: Engineering Division
El Centro, CA 92243 Category: Informational
Prepared By: Abraham Campos
SCHEDULED Department Head: Abraham Campos
INFORMATION ITEM (ID # 5846) DOC ID: 5846
Imperial Avenue / Scott Avenue sink hole emergency work update
Background
On October 18, 2022 Council approved an emergency declaration regarding the Imperial October 15, 2022 storm event.

The 10/15/22 Imperial County Storm Event created a new sink hole along Imperial Avenue at the Scott Avenue intersection on October 24, 2022.

On November 1, 2022 City Council was advised by staff that the same work contractor (A&R Construction) assisting with the nearby Euclid Avenue sinkhole repairs had been engaged to assist. City Council authorized up to $750,000 in Waste Water Enterprise Fund budget towards repairs.

Work Update
Work activities are almost complete. The sewer main has been repaired and traffic opened in all lanes. As of 12/13/2022, paving has been completed. The final lift of asphalt is still pending, however traffic is now fully open.

A concrete ADA ramp was removed as part of the work. The replacement of the ADA ramp falls beyond the scope of the emergency for Caltrans repair purposes. As such, the replacement of the ADA ramp will be done as a separate process through standard Caltrans encroachment permit application.

Staff will return to Council with information items on the emergency work every Council meeting to keep Council updated until the emergency project is completed. 9 Packet Pg. 153
City Council of the City of El Centro Meeting: 02/07/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Informational
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
INFORMATION ITEM (ID # 5839) DOC ID: 5839
Received and filed notification of Southern California Gas Company's request for rate increase Application A.23-01-004 Received and filed notification of Southern California Gas Company's request for rate increase Application A.23-01-004
ATTACHMENTS:
• NOTICE OF APPLICATION SO. CALIFORNIA GAS A.23-01-004 (PDF) 10 Packet Pg. 154

10.a
Packet Pg. 155 Attachment: NOTICE OF APPLICATION SO. CALIFORNIA GAS A.23-01-004 (5839 : Southern California Gas Company Application Filing A.23-01-

10.a
Packet Pg. 156 Attachment: NOTICE OF APPLICATION SO. CALIFORNIA GAS A.23-01-004 (5839 : Southern California Gas Company Application Filing A.23-01-

10.a
Packet Pg. 157 Attachment: NOTICE OF APPLICATION SO. CALIFORNIA GAS A.23-01-004 (5839 : Southern California Gas Company Application Filing A.23-01-