Agenda packet — El Centro City Council, July 18, 2023 (part 1 of 2)

AGENDA

CITY OF EL CENTRO

CITY COUNCIL/CITY COUNCIL AS

SUCCESSOR AGENCY TO THE

REDEVELOPMENT

AGENCY/SUCCESSOR HOUSING
AGENCY
TUESDAY, JULY 18, 2023
City Hall Joint 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 July 18, 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/89864429057?pwd=blplVlJtZ1dpTStKLzJrTklEaHJOUT09 Optional dial-in number: 1 (669) 900-6833
Meeting ID: 898 6442 9057 Passcode: 076193
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 July 18, 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

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) - claim from Imperial Aggregates.

POSSIBLE LITIGATION BY THE CITY
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 against LAFCO pursuant to Govt. Code Section 54956.9(d)(4).

CONFERENCE WITH LABOR NEGOTIATOR
Agency Designation Negotiator: Mayor and Mayor Pro-Tem
Negotiating with: Unrepresented employee

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 concerning any other matter not appearing on the agenda, you may do so during the public comment portion of the agenda.

However, you may not show a visual presentation without review of that material. If you do so, you will be considered out of order. * Any information provided on the “Speaker Slip” is voluntary and will be public record.

Agenda City Council of the City of El Centro July 18, 2023 City of El Centro Page 3
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 P.M. (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. 6:15-6:35 PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. El Centro Little League - Section 7 Juniors Division All Stars Champions

2. Recognition of City of El Centro Board Members for Building Board of Appeals, Imperial Valley Housing Authority, and Personnel Appeals Board.

3. Proclamation - Park and Recreation Month

4. Proclamation - International Lifeguard Day - July 31, 2023 6:35-6:40 P.M. CONSENT AGENDA:

5. Warrant Registers for June 2023

6. Approval of Payroll Registers for the Month of June 2023

7. Treasurer's Report - June 2023

8. Approval of City Council Minutes of May 2, 2023, May 9, 2023, May 16, 2023, May 25, 2023, June 6, 2023, June 20, 2023, June 23, 2023 and June 26, 2023.

Agenda City Council of the City of El Centro July 18, 2023 City of El Centro Page 4

9. Adopt Ordinance No. 23-02, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REPEALING CHAPTER 7, ARTICLES I

THROUGH XIV OF THE CITY CODE IN THEIR ENTIRETY AND
READOPTING CHAPTER 7, ARTICLES I THROUGH XIV BY REFERENCE TO THE 2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022 BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE, THE 2022
CALIFORNIA ELECTRICAL CODE, THE 2022 CALIFORNIA GREEN
BUILDING STANDARDS, THE 2022MECHANICAL CODE, THE 2022
PLUMBING CODE, THE 2022 INTERNATIONAL PROPERTY
MAINTENANCE CODE, THE 2022 HISTORICAL BUILDING CODE , THE EXISTING BUILDING CODE, THE 2022 GREEN BUILDING CODE AND

MAKING FINDINGS RELATIVE TO LOCAL CLIMATIC, GEOGRAPHIC, OR

TOPOGRAPHIC CONDITIONS TO SUPPORT LOCAL AMENDMENTS TO
SUCH CODES, AND ADOPTING BY REFERENCE THE 1997 UNIFORM
ADMINISTRATIVE CODE, AND 1997 UNIFORM HOUSING CODE.

10. Adopt Ordinance No. 23-03, AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING AND READOPTING CHAPTER 10, ARTICLE III, SECTION 10- 48 TO ADOPT THE 2022 CALIFORNIA FIRE CODE WITH AMENDMENTS AND AMENDING ARTICLE IV, SECTION 10-62 PROVIDING FOR
ELECTRONIC FILING AND NOTIFICATIONS FOR SELF-INSPECTIONS.

11. Approval of Bid Documents for the Swarthout Park Field Lighting Project and Authorize the Community Services Department to send out to Bid

12. Approval of purchase of an Aurora Split Case Pump for the Water Treatment Plant.
6:40-6:55 P.M. PUBLIC HEARING:

13. Public Hearing for the purpose of considering an ordinance regarding temporary non-commercial signage, murals and display window signs.

PRESENTATION: Angel Hernandez, Community Development Director RECOMMENDATION:

Introduce Ordinance No. 23- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA AMENDING CHAPTER 22.1 OF THE CODE OF THE CITY OF EL CENTRO REGARDING TEMPORARY NONCOMMERCIAL SIGNAGE, MURALS, AND DISPLAY WINDOW SIGNS, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

Agenda City Council of the City of El Centro July 18, 2023 City of El Centro Page 5
6:55-7:20 P.M. NEW BUSINESS:

14. Appointment of City Manager
PRESENTATION: Dulce Bedolla, Human Resource Director
RECOMMENDATION:

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

CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND
EMPLOYMENT TERMS FOR THE POSITION OF CITY MANAGER FOR JULY 01, 2023 THROUGH JUNE 30, 2026

15. Library Material Selection Policy
PRESENTATION: Carla Mason, Library Director
RECOMMENDATION:

Approve Library Material Selection Policy and Materials Challenge Form.

16. Adoption of City of El Centro Mural Art Grant - Program Guidelines & Application.

PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Adoption of City of El Centro Mural Art Grant - Program Guidelines & Application.

17. Discussion and any necessary action regarding the Award of the 2023 Streets Overlay Project
PRESENTATION: Abraham Campos, PE, Public Works Director/City Engineer RECOMMENDATION:

Adopt Resolution N0. 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE
EXECUTION OF A CONTRACT FOR THE 2023 STREETS OVERLAY PROJECT Agenda City Council of the City of El Centro July 18, 2023 City of El Centro Page 6
7:20-7:35 P.M. SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY:

18. Discussion and related action regarding the sale of surplus land along Holt and Heil Avenues and further identified by Assessor's Parcel Numbers: 053- 752-075, 053-752-076, 053-752-077, 053-752-078, 053-752-079, 053-752- 080.

PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Adopt Resolution SA 23- , RESOLUTION OF THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING

AN AGREEMENT FOR THE SALE OF REAL PROPERTY TO DESERT SUN INVESTMENTS, INC.

19. Discussion and related action regarding the declaration of certain surplus properties owned by the Successor Agency of the Redevelopment Agency to the City of El Centro
PRESENTATION: Adriana Nava, Community Services Director RECOMMENDATION:

Adopt Resolution No. SA 23- , RESOLUTION OF THE SUCCESSOR AGENCY

TO THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO
DECLARING PURSUANT TO GOVERNMENT CODE SECTION 54221 THAT

CERTAIN PROPERTIES OWNED BY THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO ARE SURPLUS

AND NOT NECESSARY FOR THE AGENCY'S USE
LEGISLATIVE ACTION:

INFORMATIONAL ITEMS:

20. Received and referred to Community Development Department, Application for Alcoholic Beverage License- Petromart Retail Group, Inc. TBD 2115 S 4th St El Centro, CA. 92243-4514

21. Received and referred to Community Development Department, Application for Alcoholic Beverage License- Kendal Companies LLC Ricochet R/C 955 N.

Imperial Ave El Centro, CA 92253-1735

22. Received and referred to Community Development Department, Application for Alcoholic Beverage License- Oscar Li, Chef Lee's Chinese Food and Noodles 1049 N. Imperial Ave El Centro, CA 92243-1737
Agenda City Council of the City of El Centro July 18, 2023 City of El Centro Page 7
7:35-8:10 P.M. TASK FORCE REPORTS AND MAYOR - COUNCIL
MEMBER REPORTS:
8:10-8:20 P.M. CITY MANAGER REPORT:

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: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6068) DOC ID: 6068
El Centro Little League - Section 7 Juniors Division All Stars Champions
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City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Presentation
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
PRESENTATION (ID # 6065) DOC ID: 6065
Recognition of City of El Centro Board Members for Building Board of Appeals, Imperial Valley Housing Authority, and Personnel Appeals Board.
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City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Proclamation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 6023) DOC ID: 6023
Proclamation - Park and Recreation Month
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City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Council
El Centro, CA 92243 Category: Presentation
Prepared By: Cynthia De Zilwa
SCHEDULED Department Head: Martha Cardenas-Singh
PRESENTATION (ID # 6055) DOC ID: 6055
Proclamation - International Lifeguard Day - July 31, 2023 4 Packet Pg. 11
City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Warrants
Prepared By: Esmeralda Nunez
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6064) DOC ID: 6064
Warrant Registers for June 2023
CITY MANAGER’S RECOMMENDATION:

Approve Warrant Registers for the Month of June 2023
FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• June 2023 (PDF)
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Attachment: June 2023 (6064 : Warrant Registers - June 2023) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Informational
Prepared By: Elsa Montoya
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6062) DOC ID: 6062
Approval of Payroll Registers for the Month of June 2023 CITY MANAGER’S RECOMMENDATION:

Approve Payroll Registers for the Month of June 2023
ATTACHMENTS:
• PAYROLL REGISTER JUNE 2023 (PDF)
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Attachment: PAYROLL REGISTER JUNE 2023 (6062 : Payroll Registers for the Month of June 2023) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Finance
El Centro, CA 92243 Category: Report
Prepared By: Karla Chaparro
SCHEDULED Department Head: Karla Chaparro
ACTION ITEM (ID # 6066) DOC ID: 6066
Treasurer's Report - June 2023
CITY MANAGER’S RECOMMENDATION:

Approve Treasurer's Report for the Month of June 2023
FISCAL IMPACT:

STRATEGIC PLANNING PROGRAM 2013-2018 RELATION:

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

BACKGROUND:

DISCUSSION:

CONCLUSION:

ATTACHMENTS:
• June 2023 (PDF)
7 Packet Pg. 99

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Packet Pg. 103 Attachment: June 2023 (6066 : Treasurer's Report - June 2023) City Council of the City of El Centro Meeting: 07/18/23 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 # 6063) DOC ID: 6063
Approval of City Council Minutes of May 2, 2023, May 9, 2023, May 16, 2023, May 25, 2023, June 6, 2023, June 20, 2023, June 23, 2023 and June 26, 2023.

CITY MANAGER’S RECOMMENDATION:

Approval of City Council Minutes of May 2, 2023, May 9, 2023, May 16, 2023, May 25, 2023, June 6, 2023, June 20, 2023, June 23, 2023 and June 26, 2023.

ATTACHMENTS:
• 5-02-2023 Regular CC Minutes (PDF)
• 5-09-2023 Adj. Regular Meeting CC Minutes (PDF)
• 5-16-2023 Regular CC Minutes (PDF)
• 5-25-2023 Special Joint Meeting CC Minutes (PDF)
• 6-06-2023 Regular CC Minutes (PDF)
• 6-20-2023 Regular CC Minutes (PDF)
• 6-23-2023 Special Meeting CC Minutes (PDF)
• 6-26-2023 Regular CC Minutes (PDF)
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Book 37

Page 087 ends

REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, MAY 2, 2023, 5:00 P.M.

The El Centro City Council met in a regular session on Tuesday, May 2, 2023 at 5:00 p.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Garcia (arrived at 5:02 p.m.)

CLOSED SESSION PUBLIC COMMENT
None

CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Carter, to open both closed sessions and adjourn into closed session for:

PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the process for appointment of a city manager.

Motion unanimously carried.

Closed Session concluded at 5:45 p.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, May 2, 2023 at 6:05 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

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

CITY ATTORNEY REPORT ON CLOSED SESSION
No closed session report.

MOTION TO ADD ITEM:

Moved by Council Member Garcia, second by Council Member Carter, to add item #6 - Letter of Support for AB 1505 and item #7 – Letter of Opposition AB 742, motion passed 5/0.

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SCHEDULED PRESENTATION

1. Introduction of new El Centro Regional Medical Center CEO, Pablo Velez.

2. Certificates of Recognition for KYOTES Rodeo Event on April 15, 2023, by Pat Ureña, Recreation Supervisor.

3. Proclamation for Professional Municipal Clerks Week – April 30, 2023 through May 6, 2023, received by City Clerk’s Office.

PUBLIC COMMENTS
Public comments were received by Claudia Camarena, Isaac Pedroza, Arturo Ortiz and Mary Helen McCombs.

CONSENT AGENDA
Moved by Garcia, second by Marroquin, approving consent items #4.

4. Approval of City Council Minutes of March 7, 2023 and March 21, 2023.

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

DEPARTMENT PRESENATIONS

5. Presentations from Department Heads. Presentation were made by A) Adriana Nava, Community Services Director, Parks & Recreation B) Rebecca Corfman, Aquatics Supervisor, Aquatic Center C) Carla Mason, Library Director, Library Information
D) Abraham Campos, Public Works Director, Public Works
E) Robert Sawyer, Chief of Police, Police Department
F) Angel Hernandez, Community Development Director, Community Services G) Joseph Bernal, Chief of Fire, Fire Department

LEGISLATIVE ACTION

6. Moved by Garcia, second by Oliva, to send a letter of support -AB 1505 – Earthquake Grants to Protect Affordable Multifamily Housing.

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

7. Moved by Garcia, second by Marroquin, to send letter of opposition regarding AB 742 – Ban of Police Canines.

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

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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
At 9:01 p.m., this meeting was adjourned to May 9, 2023 at 11:30 a.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

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ADJOURNED REGULAR MEETING

EL CENTRO CITY COUNCIL

CONFERENCE ROOM A
1249 MAIN STREET, EL CENTRO, CA
TUESDAY, MAY 9, 2023 11:30 A.M.

The El Centro City Council met in adjourned regular session on Tuesday, May 9, 2023 at 11:30 a.m. in Conference Room A, 1275 Main Street, El Centro, California.

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

CITY COUNCIL CLOSED SESSION
Moved by Oliva, second by Carter, to adjourn into closed session for:

PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the process for appointment of a city manager.

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).

REAL PROPERTY NEGOTIATION
The City Council will recess to closed session pursuant to Govt. Code Section 54956.8 to give instructions to the City’s negotiators, Cedric Ceseña, Interim City Manager, Abraham Campos, Public Works Director, and Adriana Nava, Community Services Director, regarding negotiations with the property owner(s), which instructions concern prices, terms of payment or both, including environmental issues and other monetary consideration, concerning the purchase of that property known as 317 W. Brighton Avenue APN 053-200-015 (Norma Villicana) and 359 W. Brighton APN 053-200-016 (Norma & Miguel Villicana).

Motion unanimously carried.

Reconvened to Open Session
CITY ATTORNEY REPORTED ON CLOSED SESSION:

City Attorney reported on closed session.

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ADJOURNMENT
With no further business to be discussed, closed session was adjourned at 1:35 p.m. ______________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________________
Martha Cardenas-Singh, Mayor

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, MAY 16, 2023, 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, May 16, 2023 at 11:31 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Garcia (arrived at 11:40 a.m.)

CLOSED SESSION PUBLIC COMMENT
None

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

REAL PROPERTY NEGOTIATION
The City Council will recess to closed session pursuant to Govt. Coe Section 54956.8 to give instructions to the City's negotiators (Cedric Ceseña, Interim City Manager, Abraham Campos, Public Works Director, Adriana Nava, Community Services Director, and Angel Hernandez, Community Development Director, regarding negotiations with ICOE for the lease or purchase of a portion of Parcel 2 at Valley Center Plaza, which instructions include those as to price, terms and other monetary consideration.

PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the process for appointment of a City Manager.

Motion carried.

Closed Session concluded at 1:40 p.m.

City Council recessed to 6:00 p.m.

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OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, May 16, 2023 at 6:03 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

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

CITY ATTORNEY REPORT ON CLOSED SESSION
No reportable action from closed session.

MOTION TO ADD ITEM:

Moved by Council Member Carter, second by Council Member Oliva, to add item #21b – Proclamation of Local Emergency – Imperial Avenue at Adams Avenue - motion passed 5/0.

PUBLIC COMMENTS
No comments were received.

PRESENTATIONS AND ANNOUNCEMENTS BY MAYOR:

1. Proclamation – National Public Works Week – May 21-27, 2023 -Received by Abraham Campos, Public Works Director/City Engineer.

2. Proclamation – Building Safety Month – May 2023 – Received by Angel Hernandez, Community Development Director and Frank Soto, Assistant Community Development Director.

3. Proclamation – National Police Week – May 14-20, 2023 – Received by Chief of Police, Robert Sawyer.

4. Proclamation – EMS – (Emergency Medical Services) Week – May 21-27, 2023 – Received by Fire Chief Joseph Bernal.

CONSENT AGENDA
Moved by Oliva, second by Marroquin, approving consent item #5-12.

5. Approval of Warrant Registers for April 2023.

6. Approval of Payroll Registers for the Month of April 2023.

7. Approval of Treasurer’s Report – April 2023.

8. Approval of City Council minutes of April 4, 2023 and April 13, 2023.

9. Adoption of Resolution No. 23-45, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONRACT FOR THE WATER TREATMENT PLANT CHLORINE CONVERSION PROJECT.

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10. Approval of Amendment No. 1 to Task Order No. 2 between the City of El Centro and Aztec Engineering California, Inc. for engineering services related to the ATP Cycle 5 improvements project under the Aztec Engineering Inc. On-Call agreement.

11. Adoption of Resolution No. 23-46, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2007-1 (LEGACY RANCH) FOR FISCAL YEAR 2023/2024.

12. Adoption of Resolution No. 23-47, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN IMPERIAL COMMUNITY COLLEGE DISTRICT AND CITY OF EL CENTRO.

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

PUBLIC HEARINGS

13. This was the date and time set for a public hearing for the purpose of adopting, updating, and confirming certain city rates, charges and user fees for participation in certain recreation programs.

Presentation by Adriana Nava, Community Services Director.

Mayor Cardenas-Singh declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Garcia, second by Oliva, adoption of Resolution No. 23-48, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, ADOPTING, UPDATING, AND

CONFIRMING CERTAIN CITY RATES, CHARGES AND USER FEES FOR PARTICIPATION IN CERTAIN RECREATION PROGRAMS.

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

14. This was the date and time set for a public hearing for the purpose of approving the Engineer’s Report regarding Buena Vista Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2023/2024. Presentation by Karla Chaparro, Director of Finance. Melissa Alvarado spoke in opposition of the recommendation. Council Member Oliva explained the decrease and increase throughout the years to Buena Vista Landscaping and Lighting District and asked if the amount discussed was the correct amount and it was correct.

Mayor Cardenas-Singh declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Moved by Oliva, second by Marroquin, adoption of Resolution No. 23-49, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, APPROVING THE ENGINEER’S REPORT

REGARDING BUENA VISTA LANDSCAPING AND LIGHTING DISTRICT AND AUTHORIZING

THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENSING IN FISCAL YEAR 2023/2024.

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

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15. This was the date and time set for a public hearing for the purpose of approving the Engineer’s Report regarding Legacy Ranch Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2023/2024. Presentation by Karla Chaparro, Director of Finance.

Mayor Cardenas-Singh opened the public hearing and brought it back to Council. Mayor Pro-Tem Marroquin has received complaints regarding the upkeep of the park. Ms. Nava explained that there are two parks in that location and said that northern park is not covered by the Legacy Ranch Landscaping and Lighting District. Council Member Oliva commented that he is not in favor of increase because it too much of an increase all at once. He in favor of a gradual increase. Ms.

Chaparro and Council Member Oliva discussed the assessment and how much it should be.

Mayor Cardenas-Singh made a motion to continue the public hearing to the next council meeting of June 6, 2023 in order to have the correct number of the increase to Legacy Park Landscaping and Lighting District levy and collection of assessments for fiscal year 2023/2024.

Moved by Cardenas-Singh, second by Oliva, to continue this public hearing to June 6, 2023.

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

16. This was the date and time set for a public hearing for the purpose of approving the Engineer’s Report regarding El Centro Town Center Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2023/2024. Presentation by Karla Chaparro, Director of Finance.

Mayor Cardenas-Singh declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed and brought it back to Council. Council Member Oliva had several questions regarding the levy and assessment amounts to El Centro Town Center.

Moved by Oliva, second by Carter, adoption of Resolution No. 23-51, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, APPROVING THE ENGINEER’S REPORT

REGARDING EL CENTRO TOWN CENTER LANDSCAPING AND LIGHTING DISTRICT AND

AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENSING IN FISCAL YEAR 2023/2024.

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

NEW BUSINESS
Item # 21b was moved up by Mayor Cardenas-Singh.
21b. Presentation by Cedric Ceseña, Interim City Manager, discussion and any necessary action regarding the requested sponsorship from Sure Helpline Center for their Gala Dinner, Benefit to Benefit Victims of Domestic Violence, where they will honor community inspirational leaders on Friday, May 26, 2023.

Motion by Oliva, second by Cardenas-Singh, to approve a community sponsorship in the amount of $500.

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

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17. Moved by Garcia, second by Oliva, adoption of Resolution No. 23-52, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT.

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

18. Moved by Garcia, second by Carter, adoption of Resolution No. 23-53, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING PROGRAM SUPPLEMENT AGREEMENT NO. 00000A122 TO THE ADMINISTERING AGENCY-STATE AGREEMENT FOR STATE FUNDED PROJECTS NO. 11-5169S21 WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION.

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

19. Presentation by Fire Chief Joseph Bernal, discussion and necessary action regarding a Cooperative Field Experience Program Affiliate Agreement between El Centro Fire Department and Imperial Community College District.

Moved by Oliva, second by Cardenas-Singh, adoption of Resolution No. 23-50, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO CONTINUING A COOPERATIVE FIELD

EXPERIENCE PROGRAM AFFILIATE AGREEMENT WITH IMPERIAL COMMUNITY COLLEGE DISTRICT FOR ITS FIRE TRAINING PROGRAMS.

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

20. Moved Garcia, second by Carter, adoption of Resolution No. 23-54, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO AMENDING THE CONTRACT FOR SECURITAS SECURITY SERVICES USA, FOR SECURITY SERVICES FOR CITY FACILITIES.

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

21. Item #21 was moved before item 17 by Mayor Cardenas-Singh. 21b. Moved by Garcia, second by Marroquin, adoption of Resolution No. 23-55, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO AUTHORIZING THE EMERGENCY REPAIRS OF A SEWER MAINTENANCE HOLE AT ADAMS AVENUE AND IMPERIAL AVENUE.

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

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LEGISLATIVE ACTION

22. Moved by Garcia, second by Carter, approval to send Letter of Support for Legislature to Take Action on Fentanyl.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ASTAINED: 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 the meeting adjourned at 8:37 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

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JOINT SPECIAL MEETING

EL CENTRO CITY COUNCIL

EL CENTRO REGIONAL MEDICAL CENTER
1271 ROSS AVENUE, EL CENTRO, CA
TUESDAY, MAY 25, 2023, 5:00 P.M.

The El Centro City Council met in special joint session on Thursday, May 25, 2023 at 5:00 p.m. in El Centro Regional Medical Center, MOB Education Conference Rooms 1 & 2, 1271 Ross Avenue, El Centro, California.

PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ALSO PRESENT: Hospital Board of Trustees Representation:

Board President Oliva, Vice Board President Marroquin, Trustees Cardenas-Singh, Garcia, Carter, Maysent, Jenusaitis, Tomaszewski; and Executive Board Secretary Belen Gonzalez.

Hospital Administrative Staff: Luis Castro, COO, Suzanne Martinez, CNO, Lenin Valdes, AAOF
Pledge of Allegiance was led by Board President Tomás Oliva.

PUBLIC COMMENTS:

No public comments received.

NEW BUSINESS

1. Moved by Garcia, second by Carter, adoption of Resolution No. 23-56, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING A LETTER OF INTENT WITH THE EL

CENTRO REGIONAL MEDICAL CENTER AND THE UNIVERSITY OF CALIFORNIA SAN

DIEGO HEALTH FOR INTERIM MANAGEMENT AND OPERATIONS WHILE AN OPERATIONS AND ADMINISTRATIVE SUPPORT AGREEMENT IS DEVELOPED.

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

ADJOURNMENT
Meeting was adjourned at 5:10 p.m.
__________________________________
Norma Wyles, City Clerk
APPROVED BY:
_____________________________
Martha Cardenas-Singh, Mayor

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 6, 2023, 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, June 6, 2023 at 11:33 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Carter, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Oliva (arrived at 11:42 a.m.)

CLOSED SESSION PUBLIC COMMENT
None

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

Motion carried.

Closed Session concluded at 1:45 p.m.

City Council recessed to 6:00 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, June 6, 2023 at 6:03 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, City Manager Ceseña, City Attorney Martyn Evans Pledge of Allegiance to the flag of the United States of America was led by Police Chief Robert Sawyer, and Invocation was given by Council Member Carter.

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CITY ATTORNEY REPORT ON CLOSED SESSION
During closed session the Council discussed a variety of matters. One of the matters discussed was weather or not City should initiate litigation against LAFCO as a result of their moving forward with a negative declaration at the LAFCO meeting on May 25th. The instruction provided by the Council was us to move forward with that, which we will be doing. Before that occurs, we will try to work our differences with LAFCO and others who may be involved.

PUBLIC COMMENTS
None

SCHEDULED PRESENTATIONS

1. Teacher, Counselor and Administrator of the Year –Received by El Centro Elementary School District - Annabelle Alvarez – Counselor of the Year, Sunflower & Martin Luther King Elementary Schools. - Lillian Vera- Counselor for Wilson Jr. High School
- Rene Valenzuela – Teacher of the Year - Harding Elementary School - Dennis Borland – Teacher of the Year - Wilson Jr. High School - Jason Sanchez – Teacher - Kennedy Middle School
- Christina Gomez – Teacher - Imperial Valley Home School Academy - Sylvia Baltazar – Special Education Teacher Sunflower Elementary, ICOE - David Rodriguez – Teacher of the Year – B.T. Washington Elementary School

2. Center for Social Justice – Juneteenth Presentation by Marlene Thomas & Adrianne Lawson.

3. Imperial Valley LGBT Resource Center – Presentation by Rosa Diaz.

CONSENT AGENDA
Moved by Garcia, second by Oliva, approving consent items #4 - 7.

4. Approval of Contract Change Order #3 – Dogwood Road Improvements at Wake Avenue & Danenberg Rd.

5. Approval of Transportation Development Act Program – Claims

6. Adoption of Resolution No. 23-57, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, CALIFORNIA, AUTHORIZING THE DONATION OF KEYBOARDS AND MICE TO

THE EL CENTRO ELEMENTARY SCHOOL DISTRICT

7. Adoption of Resolution No. 23-58, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO DECLARING CONTINUING WATER SHORTAGE AND MOVING FROM STAGE 2 TO STAGE 1 OF THE CITY’S WATER SHORTAGE CONTINGENCY PLAN AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ASTAINED: None

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CONTINUED PUBLIC HEARINGS

8. This was the date and time set for a continued public hearing for the purpose of approving the Engineer’s Report regarding Legacy Ranch Landscaping and Lighting District and authorizing the levy and collection of assessments related thereto commencing in fiscal year 2023/2024. Presentation by Karla Chaparro, Director of Finance. Mayor Cardenas-Singh declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed. Council Member Oliva asked if the increase can be a gradual increase of 35% one year and 35% the next year. Council Member Garcia made the motion to go with 35% the first year and 35% the next year.

Motion by Garcia, second by Oliva, adoption of Resolution No. 23-59, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE ENGINEER’S REPORT

REGARDING LEGACY RANCH LANDSCAPING AND LIGHTING DISTRICT AND

AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2023/2024
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ASTAINED: None

PUBLIC HEARINGS

9. This was the date and time set for a public hearing to consider the approval of a rate increase for the collection, transportation, recycling, processing and disposal of solid waste. Presentation by Abraham Campos, PE, Public Works Director/City Engineer.

Mayor Cardenas-Singh declared the public hearing opened and asked if anyone wished to speak in favor or opposition to come forward. Seeing no one wishing to speak, the public hearing was closed.

Council member Oliva had a few questions regarding smaller containers but was told by Mr. Campos that that program is not offered here in Imperial Valley, but senior citizens can receive a 10% discount.

Motion by Carter, second by Cardenas-Singh, Adoption of Resolution No. 23-60, RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING RATES FOR THE

INTEGRATED WASTE MANAGEMENT SERVICES INCLUDING BUT NOT LIMITED TO THE

COLLECTION, TRANSPORTATION, RECYCLING, PROCESSING AND DISPOSAL OF SOLID WASTE FOR FISCAL YEAR 2023-2024.

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

NEW BUSINESS

10. Presentation by Karla Chaparro, Budget Workshop Fiscal Year 2024 – General Fund.

For discussion only. Council members had questions about how priorities are chosen for funding.

Mayor Pro-Tem Marroquin asked how it was determined which Fire department request would be recommended and Ms. Chaparro explained that she and the City Manager discuss the requests and they determined which item/items will be recommended for approval. Mayor Cardenas-Singh recommended that the final budgets for the department go back to the department heads so they can review what was approved. Council Member Garcia asked about the position for the civilian supervisor for the Police department and wanted to know what are the benefits of having that position

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as opposed to having a sworn officer. Ms. Chaparro explained that Chief Sawyer preferred the civilian supervisor position be a priority. Chief Sawyer explained why he needs that position to be filled.

Council Member Oliva asked about the General Fund being on salaries and asked Ms. Chaparro what was her industry normal. Ms. Chaparro explained that it has always been in the 70’s and it in a good acceptable range. Council Member Carter asked regarding the re-classifications and asked if they are always approved. Ms. Chaparro explained that most of the reclassifications have been requested on prior budgets.

11. Presentation by Angel Hernandez, Director of Community Development, approval of Code Enforcement Office Safety Policy.

Motion by Garcia, second by Oliva, adoption of Resolution No. 23-61, RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF EL CENTRO APPROVING A CONSULTING AGREEMENT WITH KTUA FOR THE IMPERIAL AVENUE COMPLETE STREETS PLAN.

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

12. Presentation by Angel Hernandez, Director of Community Development, approval of Code Enforcement Officer Safety Policy
Motion by Carter, second by Marroquin, adoption of Resolution No. 23-62, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO ADOPTING A SAFETY STANDARDS POLICY FOR CODE ENFORCEMENT OFFICERS.

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

13. Award of Construction Management Services for the Police Station Project – City Council continued this item to the next City Council meeting of June 20, 2023.

14. Moved by Carter, second by Marroquin, appointments of Sedalia Sanders and Michael Minnix to the Personnel Appeals Board to fill two scheduled vacancies with terms ending April 15, 2027.

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

15. Moved by Garcia, second by Marroquin, cancellation of the City Council regular meeting of July 4, 2023.

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

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LEGISLATIVE ACTION

16. Moved by Garcia, second by Oliva, for the formation of Legislative Matters Standing Committee Chairperson: Edgard Garcia Co-Chairperson: Tomás Oliva
AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None

17. Moved by Garcia, second by Oliva, to send letter of support to Imperial Irrigation District and Coachella Valley Association of Governments Grant Application.

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

18. Moved by Carter, second by Marroquin, to send a letter of support for AB 1657 – The Affordable Housing Bond Act of 2024.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None
INFORMATIONAL ITEMS:

19. Update on Imperial Avenue at Adams Avenue Local Emergency Proclamation.

20. Received and referred to Community Development Department/Planning Department, Application for Alcoholic Beverage License regarding the following: Karisma Resorts Imperial Valley LP, Home2 Suites, 3105 S. Dogwood Rd., El Centro, California

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 the meeting was adjourned at 8:12 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 20, 2023, 11:30 A.M.

The El Centro City Council met in a regular session on Tuesday, June 20, 2023 at 11:30 a.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Carter (arrived at 12:25 p.m.)

CLOSED SESSION PUBLIC COMMENT
None

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

ADDED ITEMS TO CLOSED SESSION
Moved by Cardenas-Singh, second by Marroquin to add two items to closed session: Personnel Matter and Conference with Labor Negotiators

POSSIBLE LITIGATION AGAINST THE CITY
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 against LAFCO and Jurg Heuberger Govt Code Section 54956.9(d)(4).

PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 – City Manager Appointment.

CONFERENCE WITH LABOR NEGOTIATORS
Closed session pursuant to 54957.6, Conference with Labor Negotiators: Agency Representatives, Mayor, Negotiating with Unrepresented Employee.

Motion carried.

Closed Session concluded at 1:30 p.m.

City Council recessed to 6:00 p.m.

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OPEN SESSION
The El Centro City Council met in a regular session on Tuesday, June 6, 2023 at 6:06 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

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

CITY ATTORNEY REPORT ON CLOSED SESSION
City Council discussed possible action against the City and possible action by the City. City’s complaint against LAFCO with Pioneer’s Memorial Hospital is a real party in interest will be filed tomorrow and served on the parties. They have been notified that its pending.

PUBLIC COMMENTS
None

CONSENT AGENDA
Moved by Garcia, second by Marroquin, approving consent items #1 - 7.

1. Approved Warrant Registers for the Month of May 2023.

2. Approved Payroll Registers for the Month of May 2023.

3. Approved Treasurer’s Report for the Month of May 2023.

4. Approved City Council Minutes of April 18, 2023 and April 24, 2023.

5. Adoption of Resolution No. 23-63, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE JOINT USE POWERS AGREEMENT BETWEEN THE EL CENTRO

ELEMENTARY SCHOOL DISTRICT AND THE CITY OF EL CENTRO FOR USE OF RECREATIONAL FACILITIES.

6. Adoption of Resolution No. 23-64, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE CALPERS COST-SHARING AMOUNT FOR THE UNREPRESENTED EXECUTIVE POLICE MANAGERS.

7. Adoption of Resolution No. 23-65, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE CALPERS COST-SHARING AMOUNT FOR THE UNREPRESENTED FIRE MANAGERS.

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

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PUBLIC HEARINGS

8. This was the date and time set for a public hearing for the purpose on setting findings for required amendments to the 2022 California Building Code to local climatic, geographic, or topographic conditions. Presentation by Angel Hernandez, Director of Community Development Mayor Cardenas-Singh declared the public hearing opened and continued the public hearing to the Adjourned Regular meeting at 4:30 p.m. on Monday, June 26, 2023.

9. This was the date and time set for a public hearing for the introduction of the 2022 California Building Code. Presentation by Angel Hernandez, Director of Community Development Mayor Cardenas-Singh declared the public hearing opened and continued the public hearing to the Adjourned Regular meeting at 4:30 p.m. on Monday, June 26, 2023.

10. This was the date and time set for the setting findings for Required Amendments to the 2022 California Fire Code to Local Climatic, Geographic, or Topographic Conditions. Presentation by Angel Hernandez, Director of Community Development
Mayor Cardenas-Singh declared the public hearing opened and continued the public hearing to the Adjourned Regular meeting at 4:30 p.m. on Monday, June 26, 2023.

11. This was the date and time set for a public hearing for the purpose of adoption of the 2022 California Fire Code. Presentation by Angel Hernandez, Director of Community Development Mayor Cardenas-Singh declared the public hearing opened and continued the public hearing to the Adjourned Regular meeting at 4:30 p.m. on Monday, June 26, 2023.

NEW BUSINESS

12. Motion by Oliva, second by Carter, approval of CAL OES Designation of Applicant’s Agent Resolution for Non-State Agencies.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ASTAINED: None
13 Moved by Oliva, second by Carter, appointments to the Library and Community Services Board, Voting Members: Dr. Richard Ryan and Janeth Cruz and Non-Voting Members: Armando Lopez and Rosendo G. Garcia with terms ending June 30, 2027.

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

14. Moved by Garcia, second by Cardenas-Singh, to cancel the City Council regular meetings of August 1, 2023 and September 19, 2023. To move the September 5, 2023 City Council meeting to September 12, 2023.

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

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LEGISLATIVE ACTION

15. Moved by Garcia, second by Carter, to send a letter of the support for AB-918 – Countywide Healthcare District.

AYES: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
NOES: None
ABSENT: None
ABSTAINED:None
INFORMATIONAL ITEMS:

16. Update on Imperial Avenue at Adams Avenue Local Emergency Proclamation.

17. Received and referred to Community Development Department/Planning Department, Application for Alcoholic Beverage License regarding the following: AXIS-MSO LLC, Jackson 6845, 1302 S.

Imperial Avenue, El Centro, California

18. Received and referred to Community Development Department/Planning Department, Application for Alcoholic Beverage License regarding the following: The Burger and I, 3451 S. Dogwood Rd, Ste. 1396, El Centro, CA 92243-9141

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 the meeting was adjourned at 6:39 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

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SPECIAL MEETING

EL CENTRO CITY COUNCIL

CITY HALL, CONFERENCE ROOM A
1275 MAIN STREET, EL CENTRO, CA
MONDAY, JUNE 23, 2023, 4:30 P.M.

The El Centro City Council met in special session on Friday, June 23, 2023 at 4:30 p.m. in Conference Room A, 1275 Main Street, El Centro, California.

PRESENT: Council: Carter, Oliva, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Carter (arrived at 4:36 pm), Garcia (arrived at 4:37 pm) CLOSED SESSION PUBLIC COMMENT:

No comments were received.

CITY COUNCIL CLOSED SESSION
Moved by Marroquin, second by Cardenas-Singh, to adjourn into closed session at 4:35 p.m. for:

ADJOURNMENT
With no further business to come before City Council, Mayor Cardenas-Singh adjourned the meeting 5:45 p.m. ____________________________
Norma Wyles, City Clerk
APPROVED BY:
_________________________
Martha Cardenas-Singh, Mayor

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REGULAR MEETING

EL CENTRO CITY COUNCIL

CITY HALL, COUNCIL CHAMBERS
1275 MAIN STREET, EL CENTRO, CA
TUESDAY, JUNE 26, 2023, 4:00 P.M.

The El Centro City Council met in a regular session on Monday, June 26, 2023 at 4:01 p.m. in Conference Room “A”, El Centro City Hall, 1275 Main Street, El Centro, California for the purpose of closed session.

PRESENT: Council: Carter, Cardenas-Singh, Marroquin, Garcia City Clerk Wyles, Interim City Manager Ceseña, City Attorney Martyn Evans ABSENT: Council: Oliva (arrived at 4:05 p.m.)

CLOSED SESSION PUBLIC COMMENT
None

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

EXISTING LITIGATION
The City Council will consider City of El Centro v. Imperial County LAFCO.

CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Negotiator: Mayor and Mayor Pro-Tem
Negotiating with: Unrepresented Employee

PERSONNEL MATTERS
The City Council will recess to closed session pursuant to Government Code Section 54957 to consider the process for appointment of a city manager.

Motion carried.

Closed Session concluded at 4:37 p.m.

OPEN SESSION
The El Centro City Council met in a regular session on Monday, June 26, 2023 at 4:44 p.m. in Council Chambers, El Centro City Hall, 1275 Main Street, El Centro, California.

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

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CITY ATTORNEY REPORT ON CLOSED SESSION
City attorney asked Mayor Cardenas-Singh to report out from closed session.

MAYOR REPORT ON CLOSED SESSION
Mayor Cardenas-Singh reported that on behalf of the City Council members that they will be appointing Cedric Ceseña to be City of El Centro City Manager. This item will be on our agenda for resolution on July 18, 2023. The Mayor wanted to make the announcement to the public and look forward to his leadership.

Interim City Manager Cedric Ceseña was given a chance to say a few words.

PUBLIC COMMENTS
None

CONSENT AGENDA
Moved by Marroquin, second by Carter, approving consent items #1 - 3.

1. Adoption of Resolution No. 23-66, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO AUTHORIZING THE EMERGENCY REPAIRS OF A SEWER MAINTENANCE HOLE AT THE INTERSECTION OF VILLA AVENUE AND IMPERIAL AVENUE.

2. Adoption of Resolution No. 23-67, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO TERMINATING RESOLUTION NO. 23-55 REGARDING EMERGENCY REPAIRS

FOR A SEWER MAINTENANCE HOLE AT THE INTERSECTION OF ADAMS AVENUE AND IMPERIAL AVENUE.

3. Adoption of Resolution No. 23-68, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CENTRO ESTABLISHING THE APPROPRIATIONS LIMIT FOR THE 2023-2024 FISCAL YEAR

IN ACCORDANCE WITH ARTICLE XIII B OF CONSTITUTION OF THE STATE OF CALIFORNIA.

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

CONTINUED PUBLIC HEARINGS

4. This was the date and time set for the continuance of the public hearing for the purpose on setting findings for required amendments to the 2022 California Building Code to local climatic, geographic, or topographic conditions. Presentation by Frank Soto, Assistant Director of Community Development/Building Official.

Moved by Carter, second by Marroquin, adoption of Resolution No. 23-69, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA SETTING FORTH FINDINGS FOR REQUIRED AMENDMENTS TO THE 2022 CALIFORNIA BUILDING CODE,

THE CALIFORNIA RESIDENTIAL CODE, THE CALIFORNIA ELECTRICAL CODE, THE

CALIFORNIA GREEN BUILDING STANDARDS, AND THE UNIFORM ADMINISTRATIVE CODE, RELATIVE TO LOCAL CLIMATIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS.

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

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5. This was the date and time set for the continuance of the public hearing for the purpose of adoption of the 2022 California Building Code. Presentation by Frank Soto, Assistant Director of Community Development/Building Official. Council Member Oliva had a few questions regarding the building code and Mr. Soto answered all the questions.

Moved by Garcia, second by Marroquin, introduction of Ordinance No. 23-02, AN ORDINANCE OF THE CITY OF EL CENTRO REPEALING CHAPTER 7, ARTICLES I THROUGH XVIII OF THE CITY CODE IN THEIR ENTIRETY AND READOPTING CHAPTER 7, ARTICLES I THROUGH

XVIII BY REFERENCE TO THE UPDATED OF MOST RECENT CALIFORNIA

ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE, ELECTRICAL CODE,

MECHANICAL CODE, PLUMBING CODE, ENERGY CODE, HISTORICAL BUILDING CODE,

EXISTING BUILDING CODE, GREEN BUILDING CODE, UNIFORM ADMINISTRATIVE

CODE, UNIFORM HOUSING CODE, AND INTERNATIONAL PROPERTY MAINTENANCE

CODE, PROVIDING FOR PAYMENT OF FEES AND CERTAIN MOBILE HOME

REQUIREMENTS AS WELL AS SEISMIC STRENGTHENING FOR UNREINFORCED MANSONRY WALLS , waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

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

6. This was the date and time set for the continuance of the public hearing for discussion and any necessary action regarding setting findings for required amendments to the 2022 California Fire Code to local climatic, geographic, or topographic conditions. Presentation by Frank Soto, Assistant Director of Community Development/Building Official.

Moved by Oliva, second by Carter, adoption of Resolution No. 23-70, A RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA SETTING FORTH FINDINGS FOR REQUIRED AMENDMENTS TO THE 2022 CALIFORNIA FIRE CODE, RELATIVE TO LOCAL CLIMATIC GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS.

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

7. This was the date and time set for the continuance of the public hearing for the purpose of adoption of the 2022 California Fire Code. Presentation by Frank Soto, Assistant Director of Community Development/Building Official.

Moved by Oliva, second by Cardenas-Singh, introduction of Ordinance No. 23-03, AN ORDINANCE

OF THE CITY OF EL CENTRO REPEALING IN ITS ENTIRETY AND READOPTING CHAPTER 10, ARTICLE III, SECTIONS 10-41 AND REPEALING SECTION 10-48 TO ADOPT THE 2022

CALIFORNIA FIRE CODE WITH AMENDMENTS AND AMENDING ARTICLE IV, SECTION 10-6 PROVIDING FOR ELECTRONIC FILING AND NOTIFICATIONS FOR SELFINSPECTIONS, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

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

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NEW BUSINESS

8. Presentation by Karla Chaparro, Director of Finance, Annual Fiscal Year 2024 Budget.

Mayor Pro-Tem Marroquin had asked if personnel cost also included contributions to retirement plans and Ms. Chaparro confirmed it does. Council Member Oliva asked regarding the remainder of the ARPA funding and where it was located. Ms. Chaparro stated in was located under fund 214.

Motion by Oliva, second by Cardenas-Singh, adoption of Resolution No. 23-71, RESOLUTION OF

THE CITY COUNCIL OF TH CITY OF EL CENTRO, CALIFORNIA ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2023-2024.

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

9. Presentation by Abraham Campos, PE, Public Works Director/City Engineer, 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 – 5169 (049). Council Member Oliva had a question regarding what Phase III and Phase IV would look like. Mr. Campos explained that the next Phase III is between Danenberg and Manuel Ortiz and connects the subdivision of Buena Vista.

For Phase IV the City is still looking for funding.

Moved by Garcia, second by Marroquin, Adoption of Resolution No. 23-72, 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 AVEUE – PHASE 1 – STPL-5169(049).

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

10. Moved by Garcia, second by Marroquin, adoption of Resolution No. 23-73, 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).

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

11. Presentation by Abraham Campos, PE – Public Works Director/City Engineer, award of Construction Management Services for the Police Station Project. Council Member Oliva asked if he could summarize why Balfour was selected and Mr. Campos explained they are very responsive.

Motion by Garcia, second by Marroquin, adoption of Resolution No. 23-74, RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH BALFOUR BEATTY CONSTRUCTION, LLC FOR CONSTRUCTION MANAGEMENT SERVICES RELATING TO THE POLICE STATION PROJECT.

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

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12. Presentation by Abraham Campos, PE., Public Works Director/City Engineer, approval of plans and specifications for the Police Station Construction project. Mayor Cardenas-Singh asked what will be the plan to keep operations and have construction at the same time. Mr. Campos explained that it is a base construction and it will be a phase construction which will be done by areas.

Motion by Marroquin, second by Garcia, approval of plans and specifications for the City of El Centro Police Station Project.

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

LEGISLATIVE ACTION
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 the meeting was adjourned at 5:56 p.m. __________________________
Norma Wyles, City Clerk
APPROVED BY:
________________________________
Martha Cardenas-Singh, Mayor

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Packet Pg. 131 Attachment: 6-26-2023 Regular CC Minutes (6063 : Approval of City Council Minutes) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ORDINANCE (ID # 6043) DOC ID: 6043
Adoption of the 2022 California Building Code
CITY MANAGER’S RECOMMENDATION:

Adopt Ordinance No. 23-02, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REPEALING CHAPTER 7, ARTICLES I THROUGH XVIII OF THE CITY CODE IN THEIR ENTIRETY AND READOPTING CHAPTER 7, ARTICLES I

THROUGH XVIII BY REFERENCE TO THE UPDATED OF MOST RECENT

CALIFORNIA ADMINISTRATIVE CODE, BUILDING CODE, RESIDENTIAL CODE,

ELECTRICAL CODE, MECHANICAL CODE, PLUMBING CODE, ENERGY CODE,

HISTORICAL BUILDING CODE, EXISTING BUILDING CODE, GREEN BUILDING

CODE, UNIFORM ADMINISTRATIVE CODE, UNIFORM HOUSING CODE, AND

INTERNATIONAL PROPERTY MAINTENANCE CODE, PROVIDING FOR PAYMENT

OF FEES AND CERTAIN MOBILE HOME REQUIREMENTS AS WELL AS SEISMIC STRENGTHENING FOR UN-REINFORCED MASONRY WALLS, waive reading and adopt by title only.

ATTACHMENTS:
• Ordinance No. 23-02 Approval (PDF)
9 Packet Pg. 132
06/2023/cdz/A23-0097/Ord/BuildingCode2022
ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL
CENTRO REPEALING CHAPTER 7, ARTICLES I THROUGH XIV

OF THE CITY CODE IN THEIR ENTIRETY AND READOPTING
CHAPTER 7, ARTICLES I THROUGH XIV BY REFERENCE TO THE
2022 CALIFORNIA ADMINISTRATIVE CODE, THE 2022
BUILDING CODE, THE 2022 CALIFORNIA RESIDENTIAL CODE,
THE 2022 CALIFORNIA ELECTRICAL CODE, THE 2022
CALIFORNIA GREEN BUILDING STANDARDS, THE 2022
MECHANICAL CODE, THE 2022 PLUMBING CODE, THE 2022
INTERNATIONAL PROPERTY MAINTENANCE CODE, THE 2022

HISTORICAL BUILDING CODE, THE EXISTING BUILDING
CODE, THE 2022 GREEN BUILDING CODE AND MAKING

FINDINGS RELATIVE TO LOCAL CLIMATIC, GEOGRAPHIC, OR

TOPOGRAPHIC CONDITIONS TO SUPPORT LOCAL

AMENDMENTS TO SUCH CODES, AND ADOPTING BY
REFERENCE THE 1997 UNIFORM ADMINISTRATIVE CODE,
AND 1997 UNIFORM HOUSING CODE
SECTION 1. The City Council of the City of El Centro finds as follows:

A. Health and Safety Code Section 17958 provides that the city shall adopt ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922; and,
B. The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, the California Residential Code, the California Residential Code, the California Electrical Code, the California Green Building Standards and the Uniform Administrative Code (collectively the “Codes”).

C. Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions.

D. Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary to the California Building Code 2022 Edition, the California Residential Code, 2022 Edition and the California Electrical Code, 2022 Edition, are reasonably necessary due to local climatic, topographic, or geographic conditions in the city of El Centro \ E. The remainder of any changes and modifications are administrative or procedural nature, or are reasonably necessary to safeguard life and property within the City of El Centro.

F. The amendments related to life and fire safety contained in Sections 116, 3106, 3104.11 02 9.a
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of the 2022 Edition of the California Building Code and sections 202, 203 of the Uniform Administrative Code, 1997 Edition, El Centro Community Development Department are found to be reasonably necessary due to the following local conditions specified below.

G. Pursuant to the requirements of Health and Safety Code Section 17958.7, the City Council finds and determines there is a need to adopt the changes or modifications to the California Building Standards Code because of the following local climatic, topographical, and geological conditions
a. Climatic Conditions
Hot, Dry Santa Ana winds are common to all areas within the City of El Centro and Imperial County in general. These winds which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences.
b. Geographic Conditions

1. Imperial County and the City of El Centro are in a high seismically active area. The major San Andreas Earthquake Fault line is within the miles of the City limits. In the past, this Fault Line has created many major earthquakes in the region.

2. Traffic and circulation congestion presently existing in the City of El Centro often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional onsite protection for property occupants necessary.

SECTION 2. THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Articles I through XIV of Chapter 7 of the Code of the City of El Centro, California, are hereby repealed in their entirety and Articles I through XIV of Chapter 7 of the Code of the City of El Centro are readopted to read as follows:

CHAPTER 7

BUILDINGS AND BUILDING REGULATIONS
Article I In General
Article II California Administrative Code

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Article III California Building Code
Article IV California Residential Code
Article V California Electrical Code
Article VI California Mechanical Code
Article VII California Plumbing Code
Article VIII California Energy Code
Article IX California Historical Building Code
Article X California Existing Building Code
Article XI California Green Building Code
Article XII Uniform Administrative Code
Article XIII Uniform Housing Code
Article XIV International Property Maintenance Code
ARTICLE I. IN GENERAL
Sec. 7-1. Special setback line: Fourth Street from Orange Avenue to south city limits.

A special setback line of not less than twenty-five (25) feet is hereby set for all construction other than residential on that portion of both sides of Fourth Street extending from the south line of Orange Avenue to the south city limits.

Sec. 7-2. Right-of-way dedication requirement; Ross Avenue from Fourth Street to Dogwood Road.

Prior to issuance of any building permit, or approval of any map for recordation, for property on the north side of Ross Avenue from Fourth Street to Dogwood Road, a right-of-way for public purposes will be granted according to the following:
(a) A grant of thirty-four (34) feet on property located between Fourth Street and Second Street, for total right-of-way width for Ross Avenue of eighty-four (84) feet. (b) A grant of forty (40) feet on property located between Second Street and First Street, for a total right-of-way width for Ross Avenue of eighty (80) feet. (c) A grant of forty-four (44) feet on property located between First Street and Hope Street, for a total right-of-way width for Ross Avenue of eighty-four (84) feet. (d) A grant of forty-eight (48) feet on property located between Hope Street and Dogwood Road, for a total right-of-way width for Ross Avenue of eighty-eight (88) feet.

Sec. 7-3. Board of appeals designated appeals agency for uniform codes.

The Board of Appeals of the City of El Centro is hereby designated the Appeals Board as that term may be utilized for the codes adopted by this Chapter, unless an alternative appellate body is provided by such code.

Sec. 7-4. Adoption of Fees.

Unless otherwise provided in this Chapter 7, the fees for the services set out herein shall be adopted by resolution of the City Council of the City.

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Sec. 7-5. Improvements required; reimbursement.
(a) The building official shall require dedication of land and/or the construction of improvements whether on-site or off-site consistent with said dedication and/or design standards described in Chapter 24 of the City Code as a condition of the issuance of a permit pursuant to this Chapter and as allowed by applicable law. Such dedication and improvement requirements shall be reasonably related to the use of the subject property.

The permittee may appeal the imposition of any such off-site dedication or improvement requirement to the planning commission with right-of-appeal to the city council by the permittee or building official.
(b) No off-site improvement that is required as a condition of issuing a building permit shall not be eligible for a reimbursement agreement. Said off-sites may consist of, but not be limited to, curb-gutter, sidewalk, driveway(s), asphaltic paving, streetlights, water lines, sewer lines and fire hydrants. Said streetlights or fire hydrants need not be fronting the project for which said permit is to be issued, but be necessary for the proper development of said project. However, if the water line or sewer line is oversized, as a result of the city request, above that necessary to serve the project, then said water line or sewer line oversizing shall be eligible for a reimbursement agreement consistent with such agreements as described in Chapter 24 of the City Code.
(c) Any water line or sewer line that is extended by a private party at his or her request and totally at his or her expense becomes eligible for a reimbursement agreement only for that portion outside said party's property or project site, and for that portion or parcel of land on the opposite side of the street fronting said party's property assuming that the total extension is greater than seventy-five (75) feet and for any oversizing requested by the city.

Secs. 7-6—7-28. Reserved.

ARTICLE II. CALIFORNIA ADMINISTRATIVE CODE
Sec. 7-29. Adoption of the California Administrative Code, 2022 edition.

There is hereby adopted by reference the California Administrative Code, 2022 edition, known as the California Code of Regulations, title 24, part 1, copyrighted by the International Code Council one (I) copy of which is on file for public view in the Community Development Department marked and designated as the California Administrative Code, 2022 edition, of the El Centro City Code.

Secs. 7-30—7-35. Reserved.

ARTICLE III. CALIFORNIA BUILDING CODE
Sec. 7-36. Adoption of the California Building Code, 2022 edition; deletions, amendments, additions.
(a) Adoption. There is hereby adopted by reference the California Building Code, 2022 edition, including appendices B, C, F, G, H, I, I and O known as the California Code of Regulations, title 24, part 2, which is based on the International Building Code, (IBC) 2021

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edition, including appendices B, C, F, G, H, I, I and O of that certain document as copyrighted by the International Code Council and the California Building Standards Commission, one copy of which is on file for public view at the Community Development Department. Said documents are hereby adopted as the building code of the city for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height and area of all building and structures in the city.

Providing for the issuance of permits and collection of fees therefore and each and all such regulations, provisions, penalties, conditions and terms of the California Building Code, 2022, appendices B, C, F, G, H, I, J and O edition based on the International Building Code, 2021 edition, appendices B, C, F G, H, I, J and O are hereby referred to, adopted and made a part hereof as though fully set forth herein, excepting such portions as are hereinafter deleted, modified or amended.
(b) Amendments and Additions.
(1) Chapter 1, section 104, Duties and powers of building official, is hereby amended by adding subsection 104.1.1 and to read as follows:
104.1.1 Additional Authority. The building official shall have authority to adopt rules and regulations to clarify and interpret the provisions of this Code. The official may also approve variations when such variations are not inimical to the life, safety or welfare of the public.
(2) Chapter 1, section 109.2. Schedule of permit fees, is hereby amended to read as follows:
109.2 Schedule of Permit Fees. On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

The fee for each permit shall be as set forth in Table No. 3-A through 3-H of the Uniform Administrative Code, 1997 edition.

No increase in fee or new fee established pursuant to amendment of Table Nos. 3-A through 3-H shall become effective unless imposed pursuant to Chapter 7 (commencing with section 66012) of division 1 of Title 7 of the California Government Code.

The determination of value or valuation under any of the provisions of this Code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and any other permanent equipment. Valuation for new construction alterations and repairs shall be calculated in accordance with the building valuation data (less regional modifiers) as published in the May-June issue of Building Safety Journal.

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(3) Section 116 Unsafe Structures and Equipment, is hereby amended by adding Section 116.1.1 to read as follows:

Section 116.1.1 Unsafe Structures and Equipment. All buildings or structures regulated by this Code which are structurally unsafe or not provided with adequate egress, which constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe. Any use of buildings or structures constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment are, for the purposes of this section, unsafe uses. Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or a part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the building code are hereby designated as unsafe building appendages.

All such unsafe buildings, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal all in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, the California Existing Building Code, 2022 edition, and, the Uniform Housing Code, 1997 edition, including the recovery of costs incurred by the city pursuant to said procedures. As an alternative, the building official or other employee or official of this jurisdiction designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation. (4) Section 3106 Marquees, is hereby amended by adding section 3106.6 to read as follows:

Section 3106.6 Projection and Clearance. Projection and clearance between a marquee and the curb line shall not be less than two (2) feet. A marquee projection more than two-thirds (2/3) of the distance from the property line to the curb line shall not be less than ten (10) feet above the ground or pavement below. A marquee projecting less than two-thirds (2/3) of the distance from the property line to the curb line shall not be less than eight (8) feet above the ground or pavement below. (5) Section 3111 Sidewalk Arcades, is hereby added to read as follows:

Section 3111 Sidewalk Arcades. Sidewalk arcades may be permitted as provided in section 29-114 of this Code or in any successor section thereto.

Secs. 7-37—7-42. Reserved.

ARTICLE IV. CALIFORNIA RESIDENTIAL CODE
Sec. 7-43. Adoption of the California Residential Code.

Adoption. There is hereby adopted by reference the California Residential Code 2022 edition, including appendices G, H, J and O, known as the California Code of Regulations, title 24, part 2.5, which is based on the International Residential Code, (IBC) 2021 edition, including appendices G, H, J and K of that certain document as copyrighted by the International Code Council, one (1) copy of which is on file for public view at the Community Development

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Department. Said documents are hereby adopted as the residential building code of the city for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height and area of all residential buildings and structures in the city. a) Section R303.10 Required Heating, is hereby amended to read as follows:

R303.10 Required Heating. When the winter temperature is below 60 degrees Fahrenheit, every dwelling unit shall be provided with heating facilities capable of maintain a room temperature of not less than 72 degree Fahrenheit. b) Section R303.11 Required Cooling, is hereby amended to read as follows:

R303.11 Required Cooling. When the summer temperature is high, every dwelling unit shall be provided with cooling system capable of maintain a room temperature of not more than 78 degree Fahrenheit.

Secs. 7-44—7-49. Reserved.

ARTICLE V. CALIFORNIA ELECTRICAL CODE
Sec. 7-50. Findings and declarations.

The city council does hereby specifically and expressly find and declare that the nature and uniqueness of the climate, terrain, location, environment and rate of population growth of the city as set out in Section 1 does necessitate and demand specific changes in and variations from the California Electrical Code, 2022 edition, which are noted in and made a part of this article.

Sec. 7-51. Adoption of the California Electrical Code, 2022 edition, based on the National Electrical Code, 2020 edition.

There is hereby adopted by reference the California Electrical Code, 2022 edition, including annexes A, B, C, D, F, G, H and I, known as the California Code of Regulations, title 24, part 3, based on the National Electric Code, 2022 edition, including annexes A, B, C, D, F, G, H and I, copyrighted by the National Fire Protection Association and BNI Publication Inc., one (1) copy of which is on file for public view at the Community Development Department marked and designated as the electrical code of the city. Said city electrical code shall apply to and regulate the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures throughout the State of California, and provide for the issuance of permits and collection of fees thereof. The fee for each permit shall be as set forth in table 3-B of the Uniform Administrative Code, 1997 edition. Each and all such regulations, provisions, penalties, conditions and terms of the California Electrical Code, 2022 edition, including annexes A, B, C, D, F, G, H and I, based on the National Electrical Code, 2020 edition including annexes A, B, C, D, F, G, H and I, are made a part hereof as though fully set forth herein.

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Secs. 7-52—7-55. Reserved.

ARTICLE VI. CALIFORNIA MECHANICAL CODE
Sec. 7-56. Adoption of the California Mechanical Code, 2022 edition, based on the Uniform Mechanical Code, 2021 edition
There is hereby adopted by reference the California Mechanical Code, 2022 edition, known as the California Code of Regulations, title 24, part 4, based on the Uniform Mechanical Code, 2021 edition including appendices A, B, C, D and E and Forms E, F and G as copyrighted by the International Association of Plumbing and Mechanical Officials, one (1) copy of which is on file for public view at the Community Development Department marked and designated as the mechanical code of the city. Said city mechanical code shall apply to and regulate construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such building or structures throughout the State of California, and provide for the issuance of permits and collection of fees thereof. The fee for each permit shall be as set forth in table 3-C of the Uniform Administrative Code, 1997 edition. Each and all such regulations, provisions, penalties, conditions and terms of the California Mechanical Codes, 2022 edition, based on the Uniform Mechanical Code, 2021 edition including appendices A, B, C, D and E and Forms E, F and G are made a part hereof as though fully set forth herein.

Secs. 7-57—7-62. Reserved.

ARTICLE VII. CALIFORNIA PLUMBING CODE
Sec. 7-63. Adoption of the California Plumbing Code, 2022 edition, based on the Uniform Plumbing Code, 2021 edition.

There is hereby adopted by reference the California Plumbing Code, 2022 edition, and appendices A, B, D, G, I, K and L known as the California Code of Regulations, title 24, part 5, based on the Uniform Plumbing Code, 2021 edition, and appendices A, B, C, D, G, I, K and L as copyrighted by the International Association of Plumbing and Mechanical Officials, one (l) copy of which is on file for public view at the Community Development Department. Said city plumbing code shall apply to and regulate replacement, installation, alteration, construction, maintenance, repair, removal, demolition and location of all plumbing systems, drainage systems, water systems, gas systems and private sewage disposal systems on all properties and within all buildings and structures of every building or structure or any appurtenances connected or attached to such building or structures throughout the State of California and to provide for the issuance of permits and collection of fees thereof. The fee for each permit shall be as set forth in table 3-D of the Uniform Administrative Code, 1997 edition. Each and all such regulations, provisions, penalties, conditions and terms of the California Plumbing Code, 2022 edition and appendices A, B, C, D, G, I, K and L, and the Uniform Plumbing Code, 2021 edition, and appendices A, B, C, D, G, I, K and L are hereby referred to, adopted, and made a part thereof as though fully set forth herein.

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Secs. 7-64, 7-65. Reserved.

ARTICLE VIII. CALIFORNIA ENERGY CODE
Sec. 7-66. Adoption of the California Energy Code, 2022 edition.

There is hereby adopted by reference the California Energy Code, 2022 edition, in its entirety, including appendix I-A, known as the California Code of Regulations, title 24, part 6 one (1) copy of which is on file for public view at the Community Development Department marked and designated as California Energy Code, 2022 edition copyrighted by the International Code Council. Said city energy code establishes the minimum requirements for effective use of energy in the design of new buildings and structures and additions to existing buildings. Each and all such regulations, provisions, penalties, conditions and terms of the California Energy Code, 2022 edition, including appendix I-A, are made a part hereof as though fully set forth herein.

Secs. 7-67—7-69. Reserved.

ARTICLE IX. CALIFORNIA HISTORICAL BUILDING CODE
Sec. 7-70. Adoption of the California Historical Building Code, 2022 edition.

There is hereby adopted by reference the California Historical Building Code, 2022 edition, known as the California Code of Regulations, title 24, part 8, copyrighted by the International Code Council, one (1) copy of which is on file for public view at the Community Development Department marked and designated as the Historical Building Code of the city. Each and all such regulations, provisions, penalties, conditions and terms of the California Historical Building Code, 2022 edition, are made a part hereof as though fully set forth herein.

Secs. 7-71—7-73. Reserved.

ARTICLE X. CALIFORNIA EXISTING BUILDING CODE
Sec. 7-74. Adoption of the California Existing Building Code, 2022 edition.

There is hereby adopted by reference the California Existing Building Code, 2022 edition, in its entirety including appendix chapter Al, known as the California Code of Regulations, title 24, part 10, copyrighted by the International Code Council, one (l) copy of which is on file for public view at the Community Development Department marked and designated as the Existing Building Code of the city. Each and all such regulations, provisions, penalties, conditions and terms of the California Existing Building Code, 2022 edition, including appendix chapter Al, are made a part hereof as though fully set forth herein.

Secs. 7-75, 7-76. Reserved.

ARTICLE XI. CALIFORNIA GREEN BUILDING STANDARDS CODE
Sec. 7-77. Adoption of the California Green Buildings Standards Code, 2022 edition.

There is hereby adopted by reference the California Green Buildings Standards Code, 2016 edition, including appendices A4 and AS, known as the California Code of Regulations, title 24, part 11, copyrighted by the International Code Council, one (I) copy of which is on file for public

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view at the Community Development Department marked and designated as the Green Building Standards Code of the city. Each and all such regulations, provisions, penalties, conditions and terms of the California Green Building Standards Code, 2022 edition, including appendices A4 and A5, are made a part hereof as though fully set forth herein. a) Amendments and Additions
Section 5.106.5.3.1 Electrical Vehicle (EV) Charging, is hereby amended by adding a section at the end to read as follows:

Specifically for the new hotel and motel projects, the actual Electrical Vehicle Charging Station (EVCS) of at least level 2 shall be constructed based on the ratio of 4 percent of the total number of parking spaces provided for the project. Calculation for these actual EVCS locations shall be rounded up to the nearest whole number.

The minimum EVCS location shall not be less than 1.

Secs. 7-78, 7-79. Reserved.

ARTICLE XII. UNIFORM ADMINISTRATIVE CODE
Sec. 7-80. Adoption of the Uniform Administrative Code, 1997 edition; amendments, additions.
(a) Adoption. There is hereby adopted by reference the Uniform Administrative Code, 1997 edition, copyrighted by the International Conference of Building Officials, including tables 3-A thru 3-H inclusive, one (1) copy of which is on file for public view at the Community Development Department marked and designated as the Uniform Administrative Code, 1997 edition, of the El Centro Code, which contains the administrative provisions relating to site preparation, construction, alteration, moving, repair and use and occupancies of building or structures and building service equipment, including plumbing, electrical and mechanical. Each and all such regulations, provisions, penalties additions and terms of the Uniform Administrative Code, 1997 edition, copyrighted by the International Conference of Building Officials, including tables 3-A through 3-H are made a party hereof as though fully set forth herein. (b) Amendments.
(1) Section 202, Powers and duties of building official, is hereby amended by adding subsection 202.1.1, to read as follows:

Section 202.1.1 Additional Authority. The building official shall have authority to adopt rules and regulations to clarify and interpret the provisions of this Code.

The official may also approve variations when such variations are not inimical to the life, safety or welfare of the public.
(2) Section 203, Unsafe buildings, structures or building service equipment, is hereby amended to read as follows:

Section 203 Unsafe buildings, structures or building service equipment. All buildings or structures regulated by this Code and the technical codes that are structurally inadequate, have inadequate egress, constitute a fire hazard or are otherwise dangerous to human life are, for the purpose of this section, unsafe.

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Building service equipment regulated by such codes which constitute a fire, electrical or health hazard, unsanitary condition or is otherwise dangerous to human life is, for the purpose of this section, unsafe. Any use of buildings, structures or building service equipment constituting a hazard to safety, health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or abandonment is, for the purpose of this section, an unsafe use.

Parapet walls, cornices, spires, towers, tanks, statuary and other appendages or structural members which are supported by, attached to, or part of a building and which are in deteriorated condition or otherwise unable to sustain the design loads which are specified in the building code are hereby designated as unsafe building appendages.

All such unsafe buildings, structures or appendages and building service equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal all in accordance with the procedures set forth in the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, the California Existing Building Code, 2016 edition, and the Uniform Housing Code, 1997 edition, including the recovery of costs incurred by the city pursuant to said procedure. As an alternative, the building official or other employee or official of this jurisdiction designated by the governing body may institute any other appropriate action to prevent, restrain, correct or abate the violation.
(3) Section 304, Fees, is hereby amended to read as follows.

Section 304.2 Permit fees. The fee for each permit shall be as set forth in Table Nos. 3-A through 3-H. Where a technical code has been adopted by the jurisdiction for which no fee schedule is shown in this Code, the fee required shall be in accordance with the schedule established by the legislative body. No increase in fee or new fee established pursuant to amendment of Table Nos. 3-A through 3-H shall become effective unless imposed pursuant to Chapter 7 (commencing with section 66012) of Division 1 of Title 7 of the California Government Code. The determination of value or valuation under any of the provisions of these codes shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which a permit is issued as well as all finished work, painting, roofing, electrical, plumbing, heating, air- conditioning, elevators, fire-extinguishing systems and other permanent alteration and repairs, shall be calculated in accordance with the building valuation data (less regional modifiers) as published in the current issue of “Building Safety Journal.” However, the valuation for new construction shall not become effective unless imposed pursuant to Chapter 7 (commencing with section 66012) of division 1 of Title 7 of the California Government Code.

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Secs. 7-81—7-85. Reserved.

ARTICLE XIII. UNIFORM HOUSING CODE
Sec. 7-86. Adoption of the Uniform Housing Code, 1997 edition; amendments, additions.

There is hereby adopted by reference the Uniform Housing Code, 1997 edition, copyrighted by the International Conference of Building Officials, one (1) copy of which is on file for public view at the Community Development Department marked and designated as the Uniform Housing Code, 1997 edition, is hereby passed and adopted by reference.

Sec. 7-87. Reserved.

ARTICLE XIV. INTERNATIONAL PROPERTY MAINTENANCE CODE
Sec. 7-88. Adoption of International Property Maintenance Code, 2022 edition.

There is hereby adopted by reference the International Property Maintenance Code, 2022 edition, one (l) copy of which is on file for public view at the Community Development Department marked and designated as the International Property Maintenance Code, 2022 edition, is hereby passed and adopted by reference.

Sec. 7-89. Reserved.

SECTION 4. If any provision, clause, word, sentence, or phrase in this ordinance is for any reason held invalid, unconstitutional, or otherwise unlawful, such holding shall not affect the other provisions, clauses, words, sentences, phrases, or applications of the provisions of this ordinance which can be given effect without the unconstitutional, invalid, or unlawful, provision, cause, word, sentence, phrase, or application. To the end, the provisions of this ordinance are hereby declared to be severable, and the City Council declares that it would have adopted each provision, clause, word, sentence, or phrase of this ordinance irrespective of the fact that any one or more clauses, words, sentences, phrases, or applications thereof be declared unconstitutional, invalid, or otherwise unlawful.

SECTION 5. The El Centro Community Development Department shall file copies of Resolution No. 23- and Ordinance No. 23- with the California Building Standards Commission as required by Health and Safety Code Section 17958.7(a).

SECTION 3. This Ordinance shall take effect thirty (30) days from and after its adoption.

Within fifteen (15) days after adoption, a summary of this Ordinance shall be published once in a newspaper, published and circulated within the City of El Centro, California, and there shall be posted in the Office of the City Clerk a certified copy of the full text of this Ordinance.

INTRODUCED at a regular meeting of the City of El Centro. California, held on the day of , 2023.
69 02
26th
June

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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
ATTEST: Martha Cardenas-Singh, Mayor
By
Norma Wyles, City Clerk

APPROVED AS TO
FORM: Office of the City
Attorney
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 foregoing Ordinance No. 23- had its first reading on the day of , 2023, and had its second reading on day of , 2023, and was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

AYES:

NOES:

ABSENT:

ABSTAINED
By
Norma Wyles, City Clerk
69 26th June
Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
None
None
None

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Packet Pg. 145 Attachment: Ordinance No. 23-02 Approval (6043 : Adoption of the 2022 California Building Code) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: City Clerk's Office
El Centro, CA 92243 Category: Ordinance
Prepared By: Norma Wyles
SCHEDULED Department Head: Norma Wyles
ORDINANCE (ID # 6044) DOC ID: 6044
2022 California Fire Code Update - Chapter 10 Fire
Prevention
CITY MANAGER’S RECOMMENDATION:

Adopt Ordinance No. 23-03, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO REPEALING IN ITS ENTIRETY AND READOPTING CHAPTER 10, ARTICLE III, SECTIONS 10-41 AND REPEALING SECTION 10-48 TO ADOPT THE 2022 CALIFORNIA FIRE CODE WITH AMENDMENTS AND AMENDING ARTICLE IV, SECTION 10-6 PROVIDING FOR ELECTRONIC FILING AND NOTIFICATIONS FOR SELF-INSPECTIONS, waive reading and adopt by title only.

ATTACHMENTS:
• Ordinance No. 23-03 (PDF)
10 Packet Pg. 146
05/2023/cdz/A23-0097/Ordinance/
Repealing&Amending2022CAFireCode 1

ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EL CENTRO REPEALING AND READOPTING CHAPTER 10,
ARTICLE III, SECTION 10-48 TO ADOPT THE 2022

CALIFORNIA FIRE CODE WITH AMENDMENTS AND
AMENDING ARTICLE IV, SECTION 10-62 PROVIDING FOR
ELECTRONIC FILING AND NOTIFICATIONS FOR SELFINSPECTIONS.

SECTION 1. The City Council for the City of El Centro (City) finds as follows:

A. Every three years the State of California adopts a new California Fire Code as part of the California Building Standards Code, which became effective as the City 180 days after publication by the California Building Standards Commission.

B. The International Fire Code has been published and adopted, as amended, by the California Building Standards Commission into the California Code of Regulations as Title 24, Part 9, titled the California Fire Code
C. The City has an arid climate with very low annual rainfall and also experiences extreme heat and hot, dry Santa Ana Winds, which contribute to fires spreading quickly throughout the City.

D. In addition to earthquakes, a substantial amount of property and persons located in the City are likely to be impacted by wind erosion, blown sand, possible flash flooding and brush fires because of the City’s unique climatic, geological and topographical conditions.

E. Health and Safety Code Section 17958 provides that the City (“City”) shall adopt Ordinances and regulations imposing the same or modified or changed requirements as are contained in the regulations adopted by the State pursuant to Health and Safety Code Section 17922.

F. The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Fire Code (hereinafter referred to collectively as “Code”).

G. Health and Safety Code Section 17958.5(a) permits the City to make modifications or changes to the Codes, which are reasonably necessary because of local climatic, geographic or topographic conditions;
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H. Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions.

I. The Fire Department has recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the California Fire Code, 2022 Edition, are reasonably necessary due to local conditions in the City of El Centro and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Codes or are reasonably necessary to safeguard life and property within the City of El Centro.

J. Amendments related to life and fire safety contained in Sections 102.5, 104.11, 104.13, 105.1.2, 503.2.1, 505.1, 503.6.1, 503.7, 507.5.8, 508.1, 509.2.1, 509.2.1, 608.11.1.2, 903.2, 3204.2.1, 4904.3, Table B105.2, C103.1 of the Fire Code as recommended by the El Centro Fire Department are hereby found to be reasonably necessary due to the following local conditions:

Climatic Conditions
A. Hot, Dry Santa Ana winds are common to all areas within the City of El Centro and Imperial County in general. These winds which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences.

B. A substantial amount of properties and persons located in the City are likely impacted by wind erosion, blown sand, flash flooding and brush fires.

Geographic Conditions
A. Imperial County and the City of El Centro are in a high seismically active area. The major San Andreas Earthquake Fault line is within the miles of the City limits. In the past, this Fault Line has created many major earthquakes in the region.

B. Traffic and circulation congestion presently existing in the City of El Centro often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional onsite protection for property occupants necessary. .

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I. Revenue and staffing shortages may make it difficult to locate additional fire stations and provide staffing sufficient to control fires in single and multi-story retail, commercial and industrial buildings, making enhanced built in protection necessary.

J. The additional requirements included herein are necessary to properly protect the health, safety and welfare of the residents and workers of the City SECTION 2. THE CITY COUNCIL OF THE CITY OF EL CENTRO DOES ORDAIN AS FOLLOWS:

Note: The sections of the California Fire Code may be referred to by the same number used in said published compilation preceded by the words “The City Fire Code Section” or “Fire Code Section
A. Municipal Code Section 10-41 is repealed in its entirety and readopted to read as follows:

Sec. 10-41. – Adoption of California Fire Code, 2022 edition; adopted by reference with amendments, and additions.

There is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the California Fire Code, 2022 edition, including appendix Chapter 4, and also including appendices A, B, BB, C, CC, D, E, F, G, H, I, J and K, known as the California Code of Regulations, title 24, part 9, which is based on the International Fire Code, 2021 edition, copyrighted by the International Code Council, one (1) copy of which has been and is now filed in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provision thereof shall be controlling within the limits of the city.

The California Fire Code is amended and changed in the following respects:
(1) Section 101.4, Severability, is hereby deleted in its entirety and replaced with the following: If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable.
(2) Section 102.5, Application of Residential Code is amended as follows: Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.

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2. Administrative, operational and maintenance provisions of this code shall apply.

3. Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,600 square feet or greater in accordance with Section 903.2.

The provisions contained in Section 903.2.18 of the California Fire Code or Section R309.6 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached private garages. (3) Section 104.1.1, Authority of the Fire Chief and Fire Department is added to Section 104.1 to read as follows:

1. The Fire Chief is authorized and directed to enforce all applicable State fire laws and provisions of this ordinance and to perform such duties as directed by the City Council.

2. The Fire Chief is authorized to administer, interpret and enforce this ordinance.

Under the Fire Chief’s direction, the City Fire Department is authorized to enforce ordinances of The City pertaining to the following:

2.1. The prevention of fires.

2.2. The suppression or extinguishment of dangerous or hazardous fires.

2.3. The storage, use and handling of hazardous materials.

2.4. The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.

2.5. The maintenance and regulation of fire escapes.

2.6. The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.

2.7. The maintenance of means of egress.

2.8. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.

3. The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:

3.1. The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.

3.2. The Fire Chief, Peace Officers and Public Officers of the City Fire Department.

3.3. The County Sheriff and any deputy sheriff.

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3.4. The Police Chief and any police officer or any city served by the City Fire Department.

3.5. Officers of the California Highway Patrol.

3.6. Code Officers of the City Code Enforcement Department.

3.7. Peace Officers of the California Department of Parks and Recreation.

3.8. The law enforcement officer of the Federal Bureau of Land Management. (4) Section 104.7, Liability are deleted in their entirety and replaced with the following:

Any liability against The City or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law. (5) Section 104.11, Fire Investigations, is hereby added to read: The fire department shall investigate promptly the cause, origin, and circumstances of each and every fire occurring in the jurisdiction involving loss of life or injury to a person(s) or destruction or damage to property and, if it appears that such fire is of suspicious origin, it shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion.

Under the direction of the fire chief, the fire department shall develop a comprehensive investigation program. This program shall include, but not be limited to, investigative procedures, training standards and investigators’ safety. (6) Section 104.13, Authority of the Fire Chief to Close Hazardous Fire Areas, is a new section added to Section 104 to read as follows: Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Any closure by the Fire Chief for a period of more than fifteen (15) calendar days must be approved by the City Council within fifteen (15) calendar days of the Fire Chief’s original order of closure. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure.

This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, “hazardous fire area” shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.
(7) Section 105.1, General, is hereby amended by adding the following paragraph: For each permit mandated by State law which is issued pursuant to Section 105, there

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shall be a fee assessed for the services rendered by the fire code official. The fee required shall be in accordance with the schedule established by resolution of the City Council. No new fee established or increase in existing fee shall become effective unless imposed pursuant to Chapter 13 (commencing with Section 54990) of Part I of Division 2 of Title 5 of the California Government Code. (8) Section 105.1.2 (3), New Construction, is hereby amended by adding a paragraph to read: Before undertaking any construction or development, applicants shall submit building plans and/or specifications to the fire code official for retention and review for compliance, with this article and other applicable regulations, whenever any land is developed and/or building is constructed or improved which would require:
1) Provision of water supply for fire protection;
2) Provision of access for fire apparatus;
3) Any occupancy for the storage, handling, or use of any hazardous substance, material, process or device;
4) Occupancies for which a fire department has responsibility for enforcement of laws or ordinances for fire safety and preservation of property or lives; and/or 5) Provisions to control the spread of fire.
(9) Section 106.5, Inspection is added to read: The fire code official shall develop a comprehensive self-inspection program. This program will be administered annually and is designed for low risk occupancies.
(10) Section 107.2, Schedule of Permit Fees is deleted in its entirety and replaced with the following: Fees for service and permits shall be as established by Resolution of the City Council.
(11) Section 107.7, Cost Recovery, is added to Section 107 to read as follows: Fire suppression, investigation, rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Section 13009 and 13009.1, as may be amended from time to time. Additionally, any person who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq., as may be amended from time to time. Any expense incurred by the City Fire Department for securing such emergency shall constitute a debt of such person and shall be collectable by the City in the same manner as in the case of an obligation under contract, express or implied.
(12) Section 111.1, Board of Appeals Established is deleted in its entirety and replaced with the following: The Board of Appears shall be the City Manager. If he or she determines an outside board is needed, he or she shall designate an outside hearing

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officer to hear the appeal. The Fire Chief shall be notified of any appeal and the Fire Chief or designee shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the application, for the purpose of providing input to the Appeals Board. (13) Section 112.4, Violation Penalties is deleted in its entirety and replaced with the following: It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this ordinance. Punishment and penalties for violations shall be in accordance with the City Code and Health and Safety Code Sections 17995 through 17995.5.
(14) Section 202, Definition of Fire Chief is deleted in its entirety and replaced with the following: FIRE CHIEF. The Fire Chief of the City or the Fire Chief’s designee. (15) Section 503.2.1, Dimensions for Fire Apparatus Access Roads is deleted in its entirety and replaced with the following: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). For additional requirements or alternatives see the City Fire Department Standards and Policies, as may be amended from time to time.
(16) Section 503.2.2, Authority, is deleted in its entirety and replaced with the following:

The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.
(17) Section 503.6.1, Automatic Opener, is added to Section 503.6 to read as follows:

New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with the City Fire Department standards and Policies, as may be amended from time to time with the exception of gates serving individual one- and two-family dwelling parcels. (18) Section 503.7, Loading Areas and Passenger Drop-Off Areas, is added to Section 503 to read as follows: On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.
(19) Section 505.1, Premises Identification, is hereby amended by adding the following sentence: Commercial property with rear access shall post numerical street address at the rear access consistent with those requirements for the front of the property. (20) Section 507.5.7, Fire Hydrant Size and Outlets, is added to Section 507 to read as follows: As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:

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1) Residential Standard – one (1) four (4) inch outlet and one (1) two and half (2 ½) inch outlet.
2) Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one half (2 ½) inch outlet.
3) Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one half (2 ½) inch outlet.
4) Jones Hydrant or equivalent
(21) Section 507.5.8, Fire Hydrant Street Marker, is added to Section 507 to read as follows: Fire hydrant locations shall be visually indicated in accordance with City Fire Department policy. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
(22) Section 508.1, Fire Command Center-General, is deleted in its entirety and replaced with the following: Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.
(23) Section 508.1.1, Location and Access, is deleted in its entirety and replaced with the following: The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.
(24) Section 508.1.3, Exception, is amended to add the following: A fire command center solely required because a building is greater than 300,000 square feet in area shall be a minimum of 96 square feet (9m²) with a minimum dimension of 8 feet (2438 mm). (25) Section 508.1.6, Exception, is amended to add the following: A fire command center solely required because a building is greater than 300,000 square feet in area shall comply with NFPA 72 and contain the features set forth in Section 508.1.6 subsections 5, 8, 10, 12, 13 and 14. The features set forth in Section 508.1.6 subsections 1, 2, 3, 4, 6, 7, 9, 11, 15, 16, 17, 18 and 19 shall be required when such building contains systems or functions related to these features. (26) Section 509.2.1, Minimum Clearances, is amended to read as follows: A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system

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component that may require immediate access, except as otherwise required or approved.
(27) Section 608.11.1.2, Mechanical Refrigeration – Manual Operation, is deleted in its entirety and replaced with the following: When required by the fire code official automatic crossover valves shall be capable of manual operation. The manual vales shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls. (28) Section 903.2, Automatic Sprinkler Systems – Where Required, is deleted in its entirety and replaced with the following: In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless or occupancy classification. Where the Sections 903.2.1 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirements shall take precedence.

Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:

1. Detached Group U occupancies used for agricultural or livestock purposes, less than 5,500 square feet, and having setback distances of 50 feet or more from the property line and other buildings.

2. Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only – no commercial, assembly or storage uses.

3. Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage or vehicle and dining areas with no cooking.

4. Detached Group U occupancy greenhouse less than 5,500 square feet.

5. Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.

One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.
(29) The following exceptions in the California Fire Code shall not be allowed:
a. Exception in Section 903.2.3

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b. Exception in Section 903.2.11.3
(30) Section 903.3.5.3, Hydraulically Calculated Systems, is added to Section 903.3.5 to read as follows: The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
(31) Section 3204.2.1, Minimum Requirements for Client Leased or Occupant Owned Warehouses, is added to Section 3204.2 to read as follows: Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. The responsible fire protection engineer shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include referenced design document(s), including NFPA 13 or the current applicable factory mutual data sheets.

If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.
(32) Section 3404.2.13.1.3, Out of Service For One Year, is hereby amended by adding a paragraph to read: Any underground tank which has been abandoned for a period of one year shall be either removed from the ground and the hole properly filled or such tank may be tested and placed back in service, provided such tank is certified serviceable.
(33) Section 4904.3.3, High Fire Hazard Severity Zone Maps, is added to Section 4904 to read as follows: In accordance with Government Code Sections 51175 through 51189, Very High Fire Hazard Severity Zones are designated as shown on a map titled Very High Fire Hazard Severity Zones, dated December 24, 2009 and retained on file at the office of the Fire Chief, which supersedes other maps previously adopted by the City designating high fire hazard areas.

B. Section 10-62 is repealed in its entirety and amended to read as follows:

Sec.10-62 – Inspections; completion of forms
(a) The fire code official shall deliver by personal service, mail or electronically its “Self-Inspection Worksheet” and “Business Emergency Record” forms to the owner, manager or other person with authority of each B occupancy within the City on an annual basis.

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(b) The owner, manager or other person with express authority shall, within thirty (30) days from the issue date as provided on the self-inspection worksheet form, conduct the required inspection for fire safety, and complete and return the completed forms to the fire code official. Forms may be completed online and returned electronically. All deficiencies found shall be set forth on the forms.
(c) The owner or other person having charge or control of the B occupancy shall, within forty0five (45) days from the issue date as provided on the self-inspection worksheet form, correct all deficiencies found on the premises and as listed on the provided forms. (d) The fire code official may conduct such inspections, as he/she deems necessary to ensure compliance with the self-inspection program.

Appendix B
Table B105.2 of the California Fire Code is amended as follows:

Table B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

AUTOMATIC

SPRINKLER SYSTEM
(Design Standard)

MINIMUM FIRE-FLOW
(gallons per minutes)

FLOW DURATION
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table B105.1(2)
Section 903.3.1.1 of the
California Fire Code
50% of the value in Table
B105.1(2)ª
Duration in Table B105.1(2)
at the reduced flow rate
Section 903.3.1.2 of the
California Fire Code
50% of the value in Table
B105.1(2)b
Duration in Table B105.1(2)
at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,000 gallons per minute. b. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Appendix C
Section C103.1, Hydrant Spacing, is deleted in its entirety and replaced with the following: Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided

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with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.

SECTION 3: If any provision, clause, word, sentence, or phrase in this ordinance is for any reason held invalid, unconstitutional, or otherwise unlawful, such holding shall not affect the other provisions, clauses, words, sentences, phrases, or applications of the provisions of this ordinance which can be given effect without the unconstitutional, invalid, or unlawful, provision, cause, word, sentence, phrase, or application. To the end, the provisions of this ordinance are hereby declared to be severable, and the City Council declares that it would have adopted each provision, clause, word, sentence, or phrase of this ordinance irrespective of the fact that any one or more clauses, words, sentences, phrases, or applications thereof be declared unconstitutional, invalid, or otherwise unlawful.

SECTION 4. The El Centro Fire Department shall file copies of Resolution No. 23- ________and Ordinance No. 23- with the California Building Standards Commission as required by Health and Safety Code Section 17958.7(a).

SECTION 5. This Ordinance shall take effect thirty (30) days from and after its adoption.

Within fifteen (15) days after adoption, a summary of this Ordinance shall be published once in a newspaper, published and circulated within City of El Centro, California, and there shall be posted in the Office of the City Clerk a certified copy of the full text of this Ordinance.

INTRODUCED at a regular meeting of the City of El Centro, California, held on the the ________ day of , 2023.

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
70 03
26th June

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APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
CITY 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 Ordinance No. 23- had its first reading on the day of ,2023, and had its second reading on day of ,2023, and was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

AYES:

NOES:

ABSENT:

ABSTAINED:

By:__________________________
Norma Wyles, City Clerk
03 26th June
Carter, Oliva, Cardenas-Singh, Marroquin, Garcia
None
None
None

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Packet Pg. 159 Attachment: Ordinance No. 23-03 (6044 : 2022 California Fire Code Update - Chapter 10 Fire Prevention Ordinance) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Authorization
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6045) DOC ID: 6045
Approval of Bid Documents for the Swarthout Park Field
Lighting Project and Authorize the Community Services
Department to send out to Bid
CITY MANAGER’S RECOMMENDATION:

Approval of Bid Documents for the Swarthout Park Field Lighting Project and Authorize the Community Services Department to Send Project out to Bid.

FISCAL IMPACT:

The estimated fiscal impact for the Swarthout Park Field Lighting Project is $3,590,000.

Measure P Funds were previously allocated for this project; as such, there will be no impact to the general fund.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Life Long Learning - Offer opportunities for recreation and lifelong learning through innovative, inclusive programming, parks and facilities that serve all residents and visitors.
• Action 4.5: Improve parks, recreational amenities, open space, and trail development, and fulfill critical lifecycle and facility maintenance needs.

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 City of El Centro has various ball parks with lighting amenities. It is estimated that the light fixtures and wooden poles are from the 1960's and the lifespan of the poles is approximately 50 years. As such, the wooden poles, which range from 50 to 70 feet in height have reached their serviceable lifespan. During the past year, two wooden poles have been replaced at Swarthout due to the immediate danger of collapsing. The poles exhibited large visible cracks and were leaning heavily.

DISCUSSION:

A total of $3,590,000 of Measure P Funds have been allocated for this project. The scope of work includes the removal of all existing wooden light poles and main electrical overhead service, the installation of new metal poles with Musco LED field lighting throughout to service two football fields, one large soccer field, one baseball/softball field, basketball court and parking lot lighting will be installed at existing parking lot located at northwest corner of park. The main electrical switch gear will be replaced with new 400A switch gear to service the entire park.

CONCLUSION:
11 Packet Pg. 160
Action Item (ID # 6045) Meeting of July 18, 2023
It is staff's recommendation that the City Council approve the Bid Documents and Authorize staff to send project out to bid.

ATTACHMENTS:
• 00070131 Final Bid Documents (PDF)
• Exhibit A (PDF)
• Exhibit B (PDF)
• Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (PDF) 11 Packet Pg. 161
City of El Centro
Swarthout Park Field Lighting
Project

PROJECT MANUAL

PROJECT CODE
July 2023

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Packet Pg. 162 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 1 CITY OF EL CENTRO

STATE OF CALIFORNIA

SWARTHOUT PARK FIELD LIGHTING PROJECT

TABLE OF CONTENTS
Title Section Page Number
Invitation for Bids 2-4
Required Documents 5
Proposal Requirements 6-11
Proposal Bid Form 12-13
Bid Bond 14
Proposal Agreement 15
Construction Services Agreement 16-26
Faithful Performance Bond 27
Labor and Materials Bond 28
Workers’ Compensation Insurance Certification 29
Drug and Alcohol Testing Requirements 30
Subcontractor’s Listing 31-32
Noncollusion Affidavit 33
Corporate Certification or Partnership Information 34
Contractor’s Certification of Qualification for License Classification 35 General Conditions 36-53
Supplementary General Conditions 54-58
Special Provisions 59
Exhibit A – California Public Contracts Code Section 9204 --------- Exhibit B – State Prevailing Wage Rates ---------

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Packet Pg. 163 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 2 INVITATION FOR BIDS

1. GENERAL INFORMATION
The City of El Centro (“the City”) is inviting bids for the Swarthout Park Field Lighting Project located at 350 W. Euclid 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 Field Lighting at Swarthout Park located at 350 W. Euclid Avenue. The work involves the demolition of all existing wood light poles including all wood power poles, installation of new LED Field Lighting with metal poles and new 400A switch gear with underground service (the “Project”).

3. PROJECT SCHEDULE
To be completed within one hundred twenty (120) calendar days after the issuance of a Notice to Proceed. All days set out in this Bid Packet are calendar days unless otherwise specified.

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.

MANDATORY PRE-BID MEETING: Bidders must attend a 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 and mandatory bidding requirements. At that meeting the City’s Equal Opportunity Program goals and reporting procedures will be discussed.

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Packet Pg. 164 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 3 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 “X” mark on the space provided for “No subcontractor.” The contractor shall possess a Class C-10 Electrical Contractor 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’s 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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Packet Pg. 165 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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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Packet Pg. 166 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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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Packet Pg. 167 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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.

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 and all related documents 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. Failure to discover or report any such discrepancies or omissions will not relieve the bidder of responsibility for the bid.

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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Packet Pg. 168 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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.

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Packet Pg. 169 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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 III, 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. 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.
(1) Contents and Requirements

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Packet Pg. 170 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 9 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
e) A clear statement of the relief request.

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Packet Pg. 171 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 10 A protest does not comply with the requirements set forth herein will be returned to the protestor. 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 protestor 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 protestor 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 City.

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Packet Pg. 172 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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. 173 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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 Demolition

3. 1 LS Field Lighting

4. 1 LS Parking Lot Lighting

5. 1 LS 400A Switch Gear

6. 1 LS Transformer Pad Including
Primary Conduit & Riser

7. 1 LS Profit/Overhead
DEBBIE PITTMAN FIELD LIGHTING PROJECT / El Centro, CA
For the total sum of:

Dollars
($ ), hereinafter called Base Bid Price

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Packet Pg. 174 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 13 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 his 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
Number:
( ) Fax Number: ( )
Contractor’s License Number: Type:

Signed: Date:

END OF PROPOSAL/BID FORM

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Packet Pg. 175 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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 “Swarthout Park Field Lighting 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 ________day of _______________, 202___.

BY:

Insurance companies A.M. Best Company identifying number:

END OF BID BOND

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Packet Pg. 176 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 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. 177 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 16 CITY OF EL CENTRO

CONSTRUCTION SERVICES AGREEMENT
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”), is made and effective , 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.

III. 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 obligation 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 time sheets shall be submitted showing the name of the person doing the work, the hours

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Packet Pg. 178 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 17 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 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 Indemnitee. 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
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

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Packet Pg. 179 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 18 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 “General 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) 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 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 whose title is , 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

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Packet Pg. 180 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 19 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 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.

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Packet Pg. 181 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 20 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 $2,000,000 per occurrence, $4,000,000 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:

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.

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Packet Pg. 182 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 21 The named insureds shall be CONTRACTOR and CITY, including its officers, officials, employees, and agents. All Subcontractors (excluding those solely responsible for design Work) of any tier and suppliers shall be included as additional insureds as their interests may appear. CONTRACTOR shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to CITY. The policy shall contain a provision that all proceeds from the builder’s risk policy shall be made payable to the CITY. The CITY will act as a fiduciary for all other interests in the Project.

Policy shall be provided for replacement value on an "all risk" basis for the completed value of the project. There shall be no coinsurance penalty or provisional limit provision in any such policy. Policy must include: (1) coverage for any ensuing loss from faulty workmanship, Nonconforming Work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) Ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) Ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Site or any staging area. Such insurance shall be on a form acceptable to CITY to ensure adequacy of terms and sublimits and shall be submitted to the CITY prior to commencement of construction.

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, 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.

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Packet Pg. 183 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 22 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. 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. l. Separation of insureds. A severability of interests provision must apply for all additional

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Packet Pg. 184 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 23 insureds ensuring that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’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 CONTRACTOR’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.
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 Agreement, 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 expense, 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

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Packet Pg. 185 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 24 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 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.

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 inserted, 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.

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 II or Class III 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.

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Packet Pg. 186 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 25 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 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 , including all required attached documents; each of the component parts of the "SWARTHOUT PARK FIELD LIGHTING PROJECT”, dated ; 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

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Packet Pg. 187 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 26 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: ____________________________ By: ____________________________ Title: __________________________ Title: __________________________ Date: __________________________ Date: __________________________ ATTACHMENTS:

Non-collusion Affidavit Labor and Materials Bond
Faithful Performance Bond

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Packet Pg. 188 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 27 FAITHFUL PERFORMANCE BOND
Whereas, CITY OF EL CENTRO, State of California, and ____________ (hereinafter designated as “Principal”) 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 (“City”), 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. 189 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 28 LABOR AND MATERIALS BOND
Whereas, the CITY OF EL CENTRO, State of California, and ____ (hereinafter designated as “the 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 (“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 Surety
By: ____________________________ By: __________________________ Its Attorney-in-Fact

END OF LABOR AND MATERIALS BOND

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Packet Pg. 190 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 29 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. 191 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 30 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 Centro’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. 192 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 31 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.

PORTION OF WORK
NAME

PLACE OF BUSINESS
ADDRESS/TELEPHONE NO.

STATE CONTRACTOR’S

LICENSE AND
DIR REGISTRATION NO.

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Packet Pg. 193 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 32 END OF SUBCONTRACTORS LISTING

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Packet Pg. 194 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 33 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. 195 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 34 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. 196 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 35 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. 197 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 36 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 “Contractor” 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 “Days” 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 word 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. 198 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 37 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. 199 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 38 (c) 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. 200 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 39 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 its 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 “D”. 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. 201 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 40 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

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Packet Pg. 202 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 41 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 Contractor's 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

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Packet Pg. 203 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 42 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 contract, 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

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Packet Pg. 204 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 43 (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

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Packet Pg. 205 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 44 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.

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Packet Pg. 206 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 45 (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

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Packet Pg. 207 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 46 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

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Packet Pg. 208 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 47 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

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Packet Pg. 209 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 48 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

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Packet Pg. 210 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 49 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

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Packet Pg. 211 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 50 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 ADDITIONAL RESPONSIBILITY FOR DAMAGE
(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 Indemnitee (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;

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Packet Pg. 212 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 51 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 Indemnitee. 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 Indemnitees’ interests. The City shall, in its sole discretion, determine whether such assurances or reasonable. 1-49 TRESPASS

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Packet Pg. 213 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 52 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.
1-55 SUBCONTRACTING LISTING

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Packet Pg. 214 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 53 (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. The Contractor’s 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

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Packet Pg. 215 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 54 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 Coded §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, 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

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Packet Pg. 216 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 55 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.

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Packet Pg. 217 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 56 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.

11.a
Packet Pg. 218 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 57 (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.

11.a
Packet Pg. 219 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 58 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

11.a
Packet Pg. 220 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 59 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 project shall proceed as a fee permit. 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.

11.a
Packet Pg. 221 Attachment: 00070131 Final Bid Documents (6045 : Swarthout Field Lighting) 1 Exhibit A
Cal. Pub. Cont. Code § 9204 Section 9204
Resolution of claims in connection with public works project (a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following: (A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity.
(2) "Contractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3) (A) "Public entity" means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) "Public entity" shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department. (iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

11.b
Packet Pg. 222 Attachment: Exhibit A (6045 : Swarthout Field Lighting) 2 (iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) "Public works project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.
(5) "Subcontractor" means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)
(1)
(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.
(D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A) If the claimant disputes the public entity's written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by 2 Section 9204 ...

Cal. Pub. Cont. Code § 9204 registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

11.b
Packet Pg. 223 Attachment: Exhibit A (6045 : Swarthout Field Lighting) 3 (B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
(D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced. (E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties' dispute. (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity's failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier 3 Section 9204 ... Cal. Pub. Cont. Code § 9204 subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall

11.b
Packet Pg. 224 Attachment: Exhibit A (6045 : Swarthout Field Lighting) 4 notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section. (g) This section applies to contracts entered into on or after January 1, 2017. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that date.

Ca. Pub. Cont. Code § 9204 Amended by Stats 2019 ch 489 (AB 456),s 1, eff. 1/1/2020. Added by Stats 2016 ch 810 (AB 626),s 1, eff. 1/1/2017.

11.b
Packet Pg. 225 Attachment: Exhibit A (6045 : Swarthout Field Lighting) 1 Exhibit B
State of California Prevailing Wage Rates
(To be inserted at Bidding)

11.c
Packet Pg. 226 Attachment: Exhibit B (6045 : Swarthout Field Lighting)

11.d
Packet Pg. 227
Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Packet Pg. 228
Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Packet Pg. 230
Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting) 10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(2) TLC-LED-900
(1) TLC-LED-1200
70FT
POLE(S): A1, A2
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(2) TLC-LED-900
(1) TLC-LED-1200
60FT
POLE(S): A3, A5, A6, A8
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(2,2) TLC-LED-900
(1,1) TLC-LED-1200
60FT
POLE(S): A4, A7
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
Galvanized steel pole
Precast concrete base
Poletop luminaire
assembly
A.G.L.

Auxiliary mounting bracket
(1) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft ft

11.d
Packet Pg. 231 Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting) 10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(6) TLC-LED-1500
70FT
POLE(S): B1, B2
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(4) TLC-LED-1500
70FT
POLE(S): B3, B4, B5, B7, B8, B9
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(4,4) TLC-LED-1500
70FT
POLE(S): B6
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(2) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft

11.d
Packet Pg. 232 Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting) 10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(3) TLC-LED-600
50FT
POLE(S): BB1, BB2
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(3) TLC-LED-1500
(1) TLC-LED-900
70FT
POLE(S): C1
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(2) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(4) TLC-LED-1500
70FT
POLE(S): C2
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(2) TLC-BT-575
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
ft

11.d
Packet Pg. 233 Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting) 10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(4) TLC-LED-1500
80FT
POLE(S): S1, S3, S6
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(6) TLC-LED-1500
80FT
POLE(S): S2, S5
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
ft
10 ft
(3 m)
2 ft
(600 mm)
Galvanized steel pole
Precast concrete base
Musco Light-Structure System™ pole
TLC for LED™ luminaires
(4) TLC-LED-1500
80FT
POLE(S): S4
Ground level
Poletop luminaire
assembly
Electrical components
enclosure
A.G.L.

Auxiliary mounting bracket
(1) CREE OSQ
A.G.L.

Auxiliary mounting bracket
(2) TLC-LED-600
ft
ft

11.d
Packet Pg. 234 Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

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Packet Pg. 240 Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting)

11.d
Packet Pg. 241 Attachment: Swarthout Field Lighting Replacement Re-design w revisions 7-12-23 (6045 : Swarthout Field Lighting) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Public Works
El Centro, CA 92243 Category: Purchase
Prepared By: Elizabeth Zarate
SCHEDULED Department Head: Abraham Campos
ACTION ITEM (ID # 6032) DOC ID: 6032
Purchase of an Aurora Split Case Pump for the Water
Treatment Plant.

CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF AN

AURORA SPLIT CASE PUMP FOR THE WATER TREATMENT PLANT
FISCAL IMPACT:

No Impact to the General Fund.
$171,000 was budgeted in Fiscal Year 2024 Water Enterprise Heavy Equipment account, 501-9511-730104.

Purchase Amount is $168,619.25
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 - Environmental Sustainability & Infrastructure; Ensure the city’s infrastructure is enhanced and maintained to support existing and future development through innovative and sustainable principles.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

BACKGROUND:

The City’s municipal code provides for the replacement of City vehicles and equipment without competitive bidding pursuant to the provisions of City Code Section 2-177(4), Exceptions to requirements for competitive bidding, by reason of any inventory of replacement parts maintained by the City is compatible with the existing equipment.

DISCUSSION:

The El Centro Water Treatment Plant is procuring the purchase of one split case pump to compensate, balance and backup load on existing distribution pumps. Distribution pumps are critical assets for the City as they maintain water flow and pressure through the city. Existing pumps have lost between 20 to 30 percent pumping capacity due to wear and tear. These pumps run 24/7 on cycling periods. City staff received a proposal from DXP Enterprises, Inc. in the amount of $168,619.25 (one hundred sixty-eight thousand six hundred nineteen dollars and 25/100 cents) for the purchase of an Aurora Split Case Pump for the Water Treatment Plant. For compatibility purposes, the El Centro City Ordinance, Section 2-177(4) allows exceptions to the requirement for competitive bidding under certain situations.
12 Packet Pg. 242
Action Item (ID # 6032) Meeting of July 18, 2023
CONCLUSION:

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

OF EL CENTRO APPROVING AND AUTHORIZING THE PURCHASE OF AN

AURORA SPLIT CASE PUMP FOR THE WATER TREATMENT PLANT
ATTACHMENTS:
• Resolution-Approved by Legal (PDF)
• Exhibit A (PDF)
12 Packet Pg. 243
06/2023/cdz/A23-0118/Reso/AuroraSplitCase
PumpPurchaseWTP
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING AND AUTHORIZING THE PURCHASE

OF AN AURORA SPLIT CASE PUMP FOR THE WATER

TREATMENT PLANT
WHEREAS, the Public Works – Water Treatment Plant needs to purchase a split case pump for maintenance purposes; and
WHEREAS, the City Code requires competitive bidding for amounts of $50,000 or more unless there is an applicable exception; and
WHEREAS, the City needs to purchase a specific Aurora replacement pump, which falls under the provisions of City Code Section 2-177(a)(4), providing an exception to competitive bidding, where a replacement part must be compatible with existing equipment; and WHEREAS, two informal bids were received and the lowest responsive bidder was DXP Enterprises, Inc. submitted a quote in the amount of $168,619.25 (one hundred sixty-eight thousand six hundred nineteen dollars and 25/100 cents) for an Aurora Split Case Pump; and WHEREAS, it is necessary for the City Council of the City of El Centro, California (“the City Council”) to approve and authorize the purchase of the equipment for the Water Treatment Plant; and
WHEREAS, the City Council finds that its approval of the purchase is in the best interests 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 approves the purchase.

3. That the City Manager hereby is authorized to sign any documents related to the purchase of the equipment a copy of which is on file in the office of the City Clerk, on behalf of the City, and to take all necessary steps to implement such purchase.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California held on the 18th day of July, 2023.

12.a
Packet Pg. 244 Attachment: Resolution-Approved by Legal (6032 : Purchase of Aurora Split Case Pump) 06/2023/cdz/A23-0118/Reso/AuroraSplitCase
PumpPurchaseWTP

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

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 18th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

12.a
Packet Pg. 245 Attachment: Resolution-Approved by Legal (6032 : Purchase of Aurora Split Case Pump)

QUOTATION
Order Date
04/14/2023
Page
1 of 1
Quote Expires On 5/26/2023
Order Number
13265930
(13265930)
US

WASTEWATER TREATMENT PLANT
2255 N LABRUCHERIE RD
EL CENTRO, CA 92243
US
Customer ID: Requested By: Rodolfo Nunez
El Centro, CA 92243-2816
1275 W Main St
Bill To: Ship To:

CITY OF EL CENTRO
760-337-4598
502934 Order Required Date 04/14/2023
PO Number Ship Route
HECTOR.HUERTA
Taker SalesRep
Jorge A Contreras
Item ID
Item Description
Remaining
Quantities
UOM
Disp.

Unit Size
Pricing
UOM Unit
Price
Unit Size
Price
Extended
Ordered Allocated
FOB: Shipping point - IL Estimated Lead time:
15-18 weeks to manufacture / ARO + Transit
time to CA & Subject to material availability at
time of order. Prices quoted are valid until
4/28/2023 subject to change without notice and
availability at time of order. Freight charges &
Sales Tax are Not included in prices quoted.

Please Note that due to the Global COVID-19
Pandemic there are significant logistic delays and
therefore the leadtimes provided cannot be
guaranteed. We will do our best to meet the
delivery dates specified and will notify you as
soon as possible with any delays. Order
ancellation fees will apply. Thank you for your
patience and understanding.

Order Note:

1.000 0.000 1.000 EA (001) AUR 10X12X15C NSF-61 HSC PUMP EA 152,997.0000 152,997.00 Item Required Date: 4/14/2023 1.0 AURORA 10X12X15C NSF-61 HSC PUMP 1.0 with Stainless Steel Shaft, Impeller, Wear Ring,
Sleeve, and John Crane Type 1 Seal, Pump and
Motor To Be Mounted On A Steel Base Plate
with Grid Type T10 Coupling and Guard, 200HP,
1800RPM, 3PH, 460V, 447TS, TEFC Motor.

COS: 4000 GPM @ 141' TDH
SUB-TOTAL: Total Lines: 1
152,997.00
TAX: 12,622.25
FREIGHT OUT: 3,000.00
USD
AMOUNT DUE: 168,619.25
Pioneering Solutions in Industrial Distribution Since 1908 ALL SALES SUBJECT TO TERMS AND CONDITIONS AT WWW.DXPE.COM/TERMS.HTML EXHIBIT A 12.b
Packet Pg. 246 Attachment: Exhibit A (6032 : Purchase of Aurora Split Case Pump)

TERMS AND CONDITIONS OF SALE
(Unless Otherwise Specified in Writing)
NET DUE 30 DAYS FROM DATE OF INVOICE
These Terms and Conditions are part of each purchase order entered into with DXP Enterprises, Inc., whether or not attached to such Purchase Order (collectively "Order"). No terms or conditions, other than those stated herein, and no agreement or understanding, oral or written, in any way purporting to modify this Order, whether contained in Buyer’s purchase or shipping release form, or elsewhere, shall be binding on DXP Enterprises, Inc., its affiliates, parents or subsidiary entities (“Seller”) and any such attempted modifications are hereby rejected by Seller. All proposals, negotiations, and representations, if any, made prior, and with reference hereto, are merged herein and superseded hereby.

1. Payment and Taxes: Payment shall be made at par in legal tender of the United States of America and all charges are payable within net 30 days of the date of invoice. The amount of compensation payable to Seller shall be that set forth in Seller’s current price book at the time services are performed, unless otherwise agreed in writing by the parties. Prices quoted by Seller do not include sales, VAT, use or similar taxes and such taxes, where applicable shall be added to the quoted prices and invoiced accordingly. All Orders are subject to the continued review of the Seller and if, in its opinion, the financial position of the Buyer has so changed prior to delivery as to render the Seller insecure, the Seller may suspend production and/or refuse to make delivery pending satisfactory modification of the terms of payment. In the event the Buyer’s account with Seller becomes delinquent, Seller has the right to revoke any and all discounts previously applied in arriving at the net invoice price. Upon revocation, the full invoice price without discount shall become immediately due and owing and subject to collection, with interest at the maximum rate allowed by law. If in the event it becomes necessary to place the account in the hands of an attorney for collection, Buyer agrees to pay reasonable attorney’s fees incurred by the Seller. All federal, state, dominion, provincial or municipal taxes now or hereafter imposed in respect to the goods sold by the Seller and/or the processing, manufacture, delivery, transportation and/or proceeds of the goods herein specified shall be for the account of the Buyer and if taxes are required to be paid by the Seller, the amount thereof shall be added to and become part of the price payable by the Buyer.

2. Agreement, Integration and Conflict of Terms: These terms and conditions, together with any special conditions expressly incorporated thereto in the quotation or sales form, are to govern any sale by the Seller (“Seller”) identified on the other side of this form or on the purchase order attached to these terms and conditions (collectively, the “Order”). This writing is an offer or counteroffer by Seller to sell the goods and/or services set forth on the order and is expressly made conditional on Buyer’s acceptance of these terms and conditions. Acceptance by Buyer is expressly limited to these terms and conditions.

Any additional or different terms and conditions contained in Buyer’s purchase order or other communication shall not be effective or binding upon Seller unless specifically agreed to in writing by Seller; Seller hereby objects to any such conditions, and the failure of Seller to object to specific provisions contained in any purchase order or other communication from Buyer shall not be construed as a waiver of these terms and conditions nor an acceptance of any such provisions. This Order supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties and, further, can only be altered, modified, or amended with the express written consent of Seller.

3. Quotation, Withdrawal, Expiration: Quotes are valid for thirty (30) days from the date of issuance unless otherwise provided therein. Seller reserves the right to cancel or withdraw the quotation at any time with or without notice or cause prior to acceptance by Buyer.

4. Prices: Prices apply to the specific quantities stated on the quotation or sales form. Unless otherwise agreed to in writing by Seller, all prices are Ex Works Seller's shipping location (as defined in accordance with the latest version of Incoterms), and do not include transportation costs or charges relating to transportation, which costs and charges shall be solely the responsibility of Buyer unless otherwise agreed in writing by Seller.

5. Delivery, Risk of Loss: Delivery dates are estimates, and time is not of the essence for the delivery dates. All shipments will be made Ex Works Seller’s shipping location unless otherwise specified. Seller shall not be responsible to Buyer for any loss, whether direct or indirect, arising out of or relating to any failure of the goods to be delivered by the estimated delivery date. In the absence of specific instructions, Seller will select the carrier for shipment. Risk of loss for services shall pass to Buyer at completion of services. Title and risk of loss for goods shall pass to Buyer upon completion of the agreed Incoterm. Buyer shall reimburse Seller for the additional cost of Seller’s performance resulting from inaccurate or lack of delivery instructions, or by any act or omission on Buyer’s part. Any such additional cost may include, but is not limited to storage, insurance, protection, re-inspection and delivery expenses. Buyer further agrees that any payment due on delivery shall be made on delivery into storage as though the goods had been delivered in accordance with the order.

6. Warranty: Seller warrants that the goods manufactured by Seller sold to Buyer hereunder (with the exception of "wear parts" or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) of the quantity and type agreed in the order, (ii) built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (iii) free from defects in material and workmanship (the “Warranty”). The Warranty shall be in effect for a period of the earlier of twelve (12) months from the date of installation or eighteen (18) months from the date of shipment (which date of shipment shall not be greater than thirty (30) days after receipt of notice that the goods are ready to ship), and services shall be warranted against defects in workmanship for thirty (30) days from completion of services (the “Warranty Period”).

Seller shall, at its option and expense, either repair, replace, or refund amounts paid for any goods that fail to conform to the Warranty. Seller shall, at its option and expense, either re-perform or refund amounts paid for any services that fail to conform to the Warranty. In no case shall Seller be obligated to remove the defective goods or install the replaced or repaired goods, and Buyer shall be responsible for providing ready access to the goods and areas for warranty work, and all other associated costs, including, but not limited to, service costs, shipping fees, and expenses. Seller shall have complete discretion as to the method or means of repair or replacement. Buyer’s failure to comply with Seller’s repair or replacement directions shall constitute a waiver of its rights and render all warranties void. Any goods repaired or replaced under the Warranty are warranted only for the balance of the Warranty Period on the goods that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any goods that fail to meet the Warranty within ten (10) days of the date when any defects first become apparent. Seller shall have no warranty obligations to Buyer with respect to any goods or parts of a good that: (a) have been repaired by parties other than Seller or without Seller’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s or the manufacturer’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with goods supplied by Seller hereunder. In any case of goods not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty received from Seller’s supplier of such goods.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS, ORAL, OR IMPLIED

WARRANTIES, GUARANTEES, CONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS AND

SERVICES PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO THE REPAIR, REPLACEMENT, RE-PERFORMANCE, OR REFUND.

7. Inspection: Buyer shall have the right to inspect the goods upon their receipt. Buyer shall notify Seller in writing of any nonconformity of the goods with this Agreement within three (3) days from receipt by Buyer, and Seller shall promptly remedy the non-conformance in accordance with section 6 herein. Failure to give such applicable notice shall constitute an irrevocable acceptance of the goods by Buyer.

8. Indemnity: Buyer shall release, indemnify, defend, and hold harmless Seller, its parent, subsidiaries, and related companies, and the employees, agents, consultants, representatives, and officers, respectively (“Seller Group”), from and against any and all claims, demands, and causes of action for personal injury (including death) and property damage to the extent caused by the negligent acts or omissions of Buyer Group. Seller shall release, indemnify, defend, and hold harmless Buyer, its parent, subsidiaries, and related companies, and the employees, agents, consultants, representatives, and officers, respectively (“Buyer Group”), from and against any and all claims, demands, and causes of action for personal injury (including death) and property damage to the extent caused by the negligent acts or omissions of Seller Group.

9. Seller’s Limitation of Liability: IN NO EVENT SHALL SELLER’S LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY BUYER UNDER THIS AGREEMENT. SELLER SHALL HAVE NO

LIABILITY FOR LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF

BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY, LOSS OF USE, LOSS OF REPUTATION, INDIRECT,

CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES, HOWSOEVER ARISING, WHETHER IN

CONTRACT, TORT, OR OTHERWISE, REGARDLESS OF BREACH OF CONTRACT OR BREACH OF WARRANTY, OR WHETHER SELLER HAS BEEN APPRISED OF SUCH LOSSES IN ADVANCE.

10. Force Majeure: Seller may cancel or suspend this Agreement and Seller shall have no liability for any failure to deliver or perform, or for any delay in delivering or performing any obligations, due to acts or omissions of Buyer and/or its contractors, or due to circumstances beyond Seller’s reasonable control, including but not limited to acts of God, fire, flood or other natural disasters, war and civil disturbance, riot, acts of governments, terrorism, disease, pandemics, endemics, currency restrictions, labor shortages or disputes, unavailability of materials, fuel, power, energy or transportation facilities, or for failures of suppliers or subcontractors to effect deliveries, in which case the time for performance shall be extended in an amount equal to the excused period, provided that Seller shall have, as soon as reasonably practicable after it has actual knowledge of the beginning of any excusable delay, notified Buyer of such delay, of the reason therefor and of the probable duration and consequence thereof. Seller shall use its commercially reasonable efforts to eliminate the cause of the delay, interruption or cessation and to resume performance of its obligations hereunder without undue delay.

11. Cancellation: Except as otherwise provided in this Agreement, no order may be cancelled unless requested in writing by either party and accepted in writing by the other. In the event of a cancellation by Buyer, Buyer shall, within thirty (30) days of such cancellation, pay Seller a cancellation fee, which shall include all costs and expenses incurred by Seller up to the receipt of the request for cancellation including, but not limited to, all commitments to its suppliers, subcontractors and others, all fully burdened labor and overhead expended by Seller, plus a reasonable charge for profit. Return of goods shall be in accordance with Seller’s most current Return Materials Authorization and subject to a minimum twenty percent (20%) restocking fee.

Notwithstanding anything to the contrary herein, should the financial responsibility or condition of Buyer is such that Seller in good faith deems itself insecure, if Buyer becomes insolvent, if a material change in the control of Buyer occurs, if Buyer fails to make any payments in accordance with the terms of its contract with Seller, in the event of the commencement by or against Buyer of any voluntary or involuntary proceedings in bankruptcy or insolvency, or in the event Buyer shall be adjusted bankrupt, make a general assignment for the benefit of its creditors, or if a receiver shall be appointed on account of Buyer’s insolvency, or in the event Buyer does not correct or, if immediate correction is not possible, commence and diligently pursue the cure of any default of Buyer to comply with any of the provisions or requirements of this Agreement within ten (10) days after being notified in writing of such default by Seller, Seller may, by written notice to Buyer, without prejudice to any other rights or remedies which Seller may have, terminate its further performance of this Agreement. In the event of such termination, Seller shall be entitled to receive payment as if Buyer had cancelled the Agreement as per the preceding paragraph. Seller may also cease the performance of services or stop goods in transit and defer or decline to make delivery of goods, except upon receipt of satisfactory security or cash payments in advance. Seller may nevertheless elect to complete its performance of this Agreement by any means it chooses. Buyer agrees to be responsible for any additional costs incurred by Seller in so doing. Upon termination of this Agreement, sections 9 and 10 herein and the other rights, obligations, and liabilities of the parties which shall have arisen or been incurred under this Agreement prior to its termination shall survive such termination.

12. Drawings: All drawings are the property of Seller. Seller does not supply detailed or shop working drawings of the goods; however, Seller will supply necessary installation drawings. The drawings and bulletin illustrations submitted with Seller's quotation show general type, arrangement, and approximate dimensions of the goods to be furnished for Buyer’s information only and Seller makes no representation or warranty regarding their accuracy. Unless expressly stated to the contrary within the quotation or sales form, all drawings, illustrations, specifications, or diagrams form no part of this Agreement.

13. Proprietary Information, Injunction: Seller’s designs, illustrations, drawings, specifications, technical data, catalogues, “know-how,” economic or other business or manufacturing information (collectively “Proprietary Information”) disclosed to Buyer shall be deemed proprietary and confidential to Seller. Buyer agrees not to disclose, use, or reproduce any Proprietary Information without first having obtained Seller’s express written consent. Buyer’s agreement to refrain from disclosing, using or reproducing Proprietary Information shall survive completion of the Agreement. Buyer acknowledges that its improper disclosure of Proprietary Information to any third party will result in Seller’s suffering irreparable harm. Seller may seek injunctive or equitable relief to prevent Buyer’s unauthorized disclosure. Information disclosed by Buyer hereunder shall not be considered confidential or proprietary to Buyer unless otherwise agreed to in writing by Seller prior to Buyer’s disclosure.

14. Installation and Start-up: Unless otherwise agreed to in writing by Seller, installation shall be the sole responsibility of Buyer. Where start-up service is required with respect to the goods purchased hereunder, it must be performed by Seller's authorized personnel or agents; otherwise, the Warranty is void. Notwithstanding anything herein to the contrary, in the event Buyer has engaged Seller to provide any personnel for start-up supervision, such personnel will function in a supervisory capacity only and Seller shall have no responsibility for the quality of workmanship of the installation. In any event, Buyer understands and agrees that it shall furnish, at Buyer's expense, all necessary foundations, supplies, labor, and facilities that might be required to install and operate the goods.

15. Specifications: Changes in specifications requested by Buyer are subject to approval in writing by Seller. In the event such changes are approved, the price for the goods and the delivery schedule shall be changed to reflect such changes.

16. Buyer Warranty: Buyer warrants the accuracy of any and all information relating to the details of its operating conditions, including temperatures, pressures, and where applicable, the nature of all hazardous materials. Seller can justifiably rely upon the accuracy of Buyer’s information in its performance. Should Buyer’s information prove inaccurate, Buyer agrees to reimburse Seller for any losses, liabilities, damages, and expenses that Seller may have incurred as a result of any inaccurate information provided by Buyer to Seller.

17. Product Recalls: Buyer shall take all reasonable steps (including, without limitation, those measures prescribed by the Seller) to: (a) ensure that all customers of the Buyer and authorized service personnel who own or use affected products are advised of every applicable recall campaign of which the Buyer is notified by the Seller; and (b) ensure that modifications of which the Buyer is notified by the Seller, by means of service campaigns, recall campaigns, service programs or otherwise, are made with respect to any products sold or serviced by Buyer to its customers or authorized service personnel. The reimbursement of Buyer for parts and labor used in making those modifications shall be as set forth in the campaign or program instructions. Except as described herein, the Buyer shall not disclose to any other third party the information contained in service campaign, recall campaign or service program literature without the prior consent of the Seller. Should Buyer fail to perform any of the actions required under this section, Buyer shall be liable to Seller for any costs, liabilities, and damages resulting therefrom.

18. Governing Law: THE TERMS OF THIS AGREEMENT AND ALL RIGHTS AND OBLIGATIONS HEREUNDER

SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE RIGHTS AND OBLIGATIONS OF THE PARTIES HEREUNDER SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.

19. California Safe Drinking Water and Toxic Enforcement Act (commonly known as “Prop 65”): If Seller provides Buyer with a warning label or notice showing that the goods provided herein contain any of the chemicals listed by the State of California and the Safe Drinking Water and Toxic Enforcement Act to be determined to cause cancer, birth defects or other reproductive harm (“Warning Notice”), Buyer agrees to maintain any Warning Notice that may be affixed to the goods and to provide all such Warning Notices to all Buyer’s customers, if any. Buyer agrees to defend, indemnify and hold Seller harmless for any claim, damage, loss, expenses, fines, penalties, legal fees and any other additional cost arising out of Buyer’s breach of the obligations set forth in this section 14.

20. Titles: The section titles are for reference only and shall not limit or restrict the interpretation or construction of this Agreement.

21. Waiver: Seller’s failure to insist, in any one or more instances, upon Buyer’s performance of this Agreement, or to exercise any rights conferred, shall not constitute a waiver or relinquishment of any such right or right to insist upon Buyer’s performance in any other regard.

22. Severability: If any term herein should prove invalid or otherwise unenforceable, such term shall be excluded to the extent of such invalidity or unenforceability but shall not affect the validity or continuing force and effect of any other provision of this Agreement. Such term shall be deemed modified and replaced by a valid and enforceable term that most closely expresses the intent of the parties.

Additional Conditions Applicable to Export Sales
Seller will not provide any certification or other documentation nor agree to any contract provision or otherwise act in any manner which may cause Seller to be in violation of United States law, including but not limited to the Export Administration Act of 1979 and regulations issued pursuant thereto. This Order shall be construed in accordance with United States law.

All Orders shall be conditional upon granting of export licenses or import permits which may be required. Buyer shall obtain at its own risk any required export license and import permits and Buyer shall remain liable to accept and pay for material if licenses are not granted or are revoked.

Unless otherwise specified on the face hereof, all international sales shall be EXW Seller’s premises (INCOTERMS 2010), as modified by this Order.

12.b
Packet Pg. 247 Attachment: Exhibit A (6032 : Purchase of Aurora Split Case Pump) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Community Development
El Centro, CA 92243 Category: Public Hearing
Prepared By: Angel Hernandez
SCHEDULED Department Head: Angel Hernandez
ORDINANCE (ID # 6021) DOC ID: 6021
Public Hearing for the purpose of considering an ordinance regarding temporary non-commercial signage, murals and
display window signs.

CITY MANAGER’S RECOMMENDATION:

Introduce Ordinance No 23- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA AMENDING CHAPTER 22.1 OF THE CODE OF THE

CITY OF EL CENTRO REGARDING TEMPORARY NON-COMMERCIAL SIGNAGE, MURALS, AND DISPLAY WINDOW SIGNS, waive reading and approve as first reading and authorize City Clerk to place on the next agenda for second reading and adoption.

FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 5: City Beautification, Engagement & Civic Pride - Enhance the quality of life in El Centro by promoting community engagement and investing in new opportunities that foster civic pride and city beautification through community accountability.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

Not Applicable
BACKGROUND:

On May 5, 2020 the City Council adopted Ordinance 20-04 making substantial changes to the city’s sign regulations found in Chapter 22.1 (sign code). Those changes were a result of the U.S. Supreme Court case Reed vs Town of Gilbert. The case limited the ability for local governments to use sign regulations based on the content of the sign.

The city made changes to sign code in order to apply “content neutral” regulations. One category of signs that was changed were election signs, which are now regulated as non-commercial temporary signage. Election signs are now treated like other signs that display non-commercial speech, such as those advocating other political, religious, social, or ideological topics.

The following year, the City Council adopted Ordinance 21-04 revising the regulation of temporary non-commercial signs. Ordinance 21-04, modified the duration of how long signs may be up before the day of the event (election day) from 60 days to 120 days to be aligned with the County of Imperial election sign regulations.

Another separate category of signs that are regulated under the sign code are murals.

Due to the increase interest in installing murals by property owners and the city, staff is also reviewing existing regulations related to them.
13 Packet Pg. 248
Ordinance (ID # 6021) Meeting of July 18, 2023
On June 13, 2023 the proposed changes to the sign code were taken to the Planning Commission for review and input. Commissioners discussed and agreed with the changes proposed to the ordinance. The Planning Commission also discussed requiring murals be reviewed by another body other than the Administrative Committee.

DISCUSSION:

Temporary Non-Commercial Signs - Following the last major election held in 2022, city staff have considered reducing how long temporary non-commercial signage may be posted. For example, the current ordinance permits signs to be placed up to 120 days before election day. Staff is suggesting that the signs be allowed to be place no sooner than 90 days before the day of the event.

Another topic of was the maximum number of temporary non-commercial signs that are allowed on a property. The current ordinance allows up to two signs per property. An argument may be made that the maximum number may limit a person’s free speech by limiting them to only support two candidate or measures during an election. While the city may control the number of signs, such regulations should be based on public safety.

During the 2022 Election period, city staff temporary suspended the maximum number of signs that may be displayed. In staff’s opinion, this did not result an overt proliferation of signs. Staff is recommending that the maximum number of signs be removed.

The draft ordinance would modify the following:

Sec. 22.1-53 (d):
(1) Time limit - Temporary non-commercial signs may be displayed for no more than ninety (90) consecutive calendar days before the event takes place. All signs for an event shall be removed fifteen (15) calendar days after the conclusion of the event.
(3) Maximum number - There is no restriction on the number of temporary noncommercial signs, unless the number of signs obstructs the view of or from the parcel.

Display Window Signs - Staff is also recommending a revision related to “Display Window Signs”. These signs are intended to be solely used in non-residential zones since they are associated with businesses. While some businesses may be permitted in residential zones as home occupations, they are not allowed to advertise through the installation of signs at the home. Staff is recommending that the regulation for display window signs only permit them in all non-residential zones.

Table 22.1-1: Permitted signs
Sign Sign
Permit
Required
Permitted
Zones
Max.

Area
Max.

Number
Max.

Height
Display window sign (a)
Signs shall be
No All nonresidential 40% of
window
One per
business
n/r
13 Packet Pg. 249
Ordinance (ID # 6021) Meeting of July 18, 2023
incorporated into a display
of merchandise or a
display relating to services
offered
zones area frontage
Murals -The City of El Centro has murals as a category under the sign code. They are allowed as long as they are not used for commercial purposes and have a subject matter of a historical significance. They must also be approved by the city’s administrative committee. Staff is considering modifying the ordinance to encourage the installation of murals by removing the restriction that murals must include a historical subject matter.

CONCLUSION:

Introduce Ordinance No 23- , AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA AMENDING CHAPTER 22.1 OF THE CODE OF THE

ATTACHMENTS:
• Exhibit A - Ordinance (PDF)
13 Packet Pg. 250
06/2023/cdz/A23-0128/Ord/CityCodeNonCommercialSigns
ORDINANCE NO. 23-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA AMENDING CHAPTER 22.1 OF THE CODE OF THE CITY OF

EL CENTRO REGARDING TEMPORARY NON-COMMERCIAL SIGNAGE,
MURALS, AND DISPLAY WINDOW SIGNS.

THE CITY COUNCIL OF THE CITY OF EL CENTRO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Section 22.1-24 of the Code of the City of El Centro, California entitled “"M" definitions” is amended to read as follows:
“Mural: Any non-commercial graphic representation displayed on the exterior of a building or structure generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, tile, or mosaic. A mural may not be used for commercial purposes.”
Section 2. Section 22.1-31 of the Code of the City of El Centro, California entitled “"T" definitions” is amended to read as follows:
“Temporary sign: Any commercial or non-commercial sign constructed of cloth, canvas, light fabric, cardboard, wallboard, or other light materials, with or without frames, intended to be displayed for a limited period of time only.” Section 3. Section 22.1-53 of the Code of the City of El Centro, California entitled “NonCommercial Signage” is repealed in its entirety and amended to read as follows:
“(a) Notwithstanding anything to the contrary in this ordinance, any non-commercial message may replace any commercial message without approval of a new sign permit as long as there is no change in the sign structure.
(b) Permanent non-commercial signage shall meet the same requirements as for commercial signage.
(c) Permanent non-commercial signage associated with uses in any residential zone requiring a conditional use permit shall be reviewed for design and architecture compatibility with surroundings.
(d) Temporary non-commercial signage: Temporary non-commercial signs may be displayed in any zone subject to the following requirements. Signs not in compliance with these requirements may be removed and disposed of by the City Code Enforcement Division without prior notice to the sign owner.
(1) Time limit. Temporary non-commercial signs may be displayed for no more than ninety (90) consecutive calendar days before the event takes place. All signs for an event shall be removed fifteen (15) calendar days after the conclusion of the event.
(2) Maximum size. Temporary non-commercial signs shall not exceed thirty-two (32) square feet in area per individual sign.

13.a
Packet Pg. 251 Attachment: Exhibit A - Ordinance (6021 : Sign Ordinance Amendment) 06/2023/cdz/A23-0128/Ord/CityCodeNonCommercialSigns
(3) Maximum number. There is no restriction on the number of temporary noncommercial signs on a single parcel, unless the number of signs obstructs the view of or from the parcel.
(4) Maximum height. The height of a freestanding temporary sign, including any structure support, shall not exceed eight (8) feet in height above the natural grade. (5) All zones. Non-illuminated temporary signs displaying non-commercial messages are permitted.
(e) No sign shall be placed within the twenty (20) feet corner cutback area (see section 29-143(11)) or within six hundred sixty (660) feet of a freeway shall if the sign is designed to be viewed from the freeway.
(f) Signs cannot be illuminated, revolve, or otherwise function with mechanical parts or devices.
(g) Flags, valances, pennants, lights, or other similar attraction devices which are accessory to a permitted sign are prohibited.
(h) Temporary exterior signs shall be made of a durable weather-resistant material and shall meet the maintenance standards of section 22.1-47 of this chapter.

Section 4. Section 22.1-57 of the Code of the City of El Centro, California entitled “Permitted Signs” is amended to read as follows:

Sign Sign
Permit
Required
Permitted
Zones
Max.

Area
Max
Number
Max
Height
Display window sign
(a) Signs shall be
incorporated into a
display of merchandise
or a display relating to
services offered
No All nonresidential
zones
40% of
window
area
One per
business
frontage
n/r
Murals
(a) Murals on private
property shall be
approved by the
administrative
committee; murals on
public buildings shall
first be approved by
the community
services commission
and then by the
administrative
committee to
No All Shall not
exceed
100% of
wall
space and
not less
than 70%
of wall
space
One wall
per
building
or
structure,
certain
exceptions
apply
n/r

13.a
Packet Pg. 252 Attachment: Exhibit A - Ordinance (6021 : Sign Ordinance Amendment) 06/2023/cdz/A23-0128/Ord/CityCodeNonCommercialSigns
determine compliance
with policy.
(b) No part of the
artwork shall project
from the building in
any direction.
(c) Shall not advertise
any specific goods or
service, including
political type
messages.
(d) Shall not be the
side of the building's
main entrance.
(e) Refer to City of El
Centro Mural Policy
and Guidelines for
further information.

Temporary NonCommercial Sign
(a) Refer to Section

22.1-53 for all
requirements
No All 32 SF n/r 8 feet for
free
standing
signs
Section 5. This ordinance shall take effect thirty (30) days from and after its adoption.

Within fifteen (15) days after adoption, the City Clerk shall cause this ordinance with the names of these City Council persons voting for and against the ordinance to be published once in a newspaper of general circulation published and circulated within the City of El Centro, California.

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

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:

13.a
Packet Pg. 253 Attachment: Exhibit A - Ordinance (6021 : Sign Ordinance Amendment) 06/2023/cdz/A23-0128/Ord/CityCodeNonCommercialSigns
By ________________________________
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By ________________________________
Elizabeth 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 foregoing Ordinance No. 23- had its first reading on day of ,2023, and had its second reading on day of ,2023, and was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

AYES:

NOES:

ABSENT:

ABSTAINED:

By_______________________________
Norma Wyles, City Clerk

13.a
Packet Pg. 254 Attachment: Exhibit A - Ordinance (6021 : Sign Ordinance Amendment) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Appointment
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 6060) DOC ID: 6060
Appointment of City Manager
CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF CITY MANAGER FOR JULY 01, 2023 THROUGH JUNE 30, 2026
FISCAL IMPACT:

N/A
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #1 - Financial & Governance Stability & Sustainability DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

N/A
BACKGROUND:

Cedric Ceseña was appointed as Interim City Manager on November 11, 2022. After recruitment efforts for a City Manager and Council's consideration, Council is appointing Cedric Ceseña as the new City Manager.

DISCUSSION:

Pay increases and conditions as per the attached resolution are being presented to the City Council for final approval:

Effective July 1, 2023- Yearly Salary $240,000.00
The employee will receive medical insurance benefits on the same basis as other City employees.

CONCLUSION:

Adoption of Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO ESTABLISHING THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF CITY MANAGER FOR JULY 01, 2023 THROUGH JUNE 30, 2026
ATTACHMENTS:
• EC CM Resolution 2023 (DOCX)
14 Packet Pg. 255
1 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager RESOLUTION NO. 23-

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

THE COMPENSATION AND EMPLOYMENT TERMS FOR THE POSITION OF CITY MANAGER FOR JULY 1, 2023 THROUGH JUNE 30, 2026
WHEREAS, Chapter 2, Division 3 of the City Code of the City of El Centro, California ("City Code"), establishes the Office of the City Manager and the duties of the City Manager are prescribed in Section 2-82 of the City Code; and
WHEREAS, Cedric Ceseña (the "Employee") was appointed to the position of Interim City Manager effective November 11, 2022; and
WHEREAS, currently the Employee is compensated pursuant to Resolution No. 22-139; and
WHEREAS, this Resolution constitutes a contract of employment between Employee and the City of El Centro and is approved and adopted at an open session of an adjourned regular meeting of the City Council after announcement of its contents as required by law; and WHEREAS, the City Council now finds it in the best interests of the City (the "City" or the "Employer"), to provide the following compensation and benefits for the Employee.

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

1. Recitals. The foregoing are true, correct and adopted hereby.

2. Repeal. Resolution No. 22-139 is hereby repealed in its entirety as of July 01, 2023 , the effective date of this Resolution.

3. Base Salary. Effective July 1, 2023, for administrative services rendered to the City and its agencies, the Employee shall receive a base salary of Two Hundred Forty Thousand Dollars ($240,000).

4. Cost of Living Adjustments. Whenever a cost of living adjustment or other nonmerit based pay increase is provided to other City employees, the City Council shall meet to determine whether it is reasonable and appropriate to provide a similar adjustment or increase to the City Manager's base salary. Any such cost of living adjustment will be provided at the City Council's sole discretion.

5. Annual Evaluation. The Employee shall be evaluated by the City Council during June of each year. It is the responsibility of the City Manager to place such evaluation on the City Council agenda during April or May of each year in anticipation of the June evaluation.

Said evaluation shall be in accordance with specific criteria and goals developed jointly by the City Council and the Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final performance evaluation should be

14.a
Packet Pg. 256 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) 2 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager completed and delivered to the Employee within thirty (30) calendar days of the evaluation meeting. Notwithstanding, the City Manager may be evaluated at any time by the City Council.

Assuming a satisfactory performance evaluation, effective July 1, 2024 and July 1, 2025, Employee shall receive a 2% base pay increase. During the 2024 performance evaluation, the Council shall consider any requests for deferred compensation contributions. Additional adjustments to the base salary, if any, or to any other provisions of this Agreement, will be provided at the City Council's sole discretion.

6. Medical Insurance.
(a) The Employee shall receive the same comprehensive major medical, dental, life and vision care insurance as provided to all employees. The City will contribute on behalf of the Employee the same amounts as for Department Heads.
(b) Upon retirement from the City, the Employee shall have the opportunity to participate in the same comprehensive major medical, dental, life and vision care insurance program. If the sum of the Employee's age (expressed in years and complete month) plus the years of service credit (as reflected in the records of the California Public Employees Retirement System ("CalPERS")) totals seventy-five (75) or more upon separation, the City shall pay six hundred nineteen dollars and one cent ($619.01) towards the cost of the employee-only portion of said insurance until the Employee reaches age sixty-five (65). During this time, insurance coverage will be available to the Employee's dependents at the Employee's expense. At age sixty-five (65), the retired Employee may elect to continue said insurance coverage as a Medicare Supplement Plan, including dependent coverage, at the Employee's expense.

7. Disability Insurance. The City shall provide short-term and long-term disability insurance to the Employee at City's cost.

8. Life Insurance. The City shall provide and pay for the premiums due for the Employees term life insurance in the amount of four hundred eighty thousand ($480,000) up to the age of seventy (70) If employee has reached the age of seventy (70), the life insurance will be paid at the reduced benefit amount in accordance with the City's contract with the Life Insurance Administrator. The City shall pay the full cost of this group term life insurance coverage. The Employee shall name one or more beneficiaries of the life insurance policy.

9. Travel Insurance. The Employer shall provide travel insurance for the Employee while the Employee is traveling on the Employer’s business, with the Employee to name one or more beneficiaries. Should the Employee die while on travel for the Employer, the Employer shall cover the full cost of retrieving and transporting the Employee’s remains back to the custody of the Employee’s family.

10. Physical Examination. Each calendar year, to the extent not covered by insurance, City shall provide Employee with an executive physical examination, at a cost not to exceed One Thousand Dollars ($1,000.00) by a qualified physician or medical facility, of the City’s choice, within reasonable proximity to the City.

11. Retirement. The Employee shall participate in CalPERS' two percent (2%) at sixty-two (62) retirement plan. The City will contribute one hundred percent (100%) of the

14.a
Packet Pg. 257 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) 3 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager employer contribution amount as determined by CalPERS. The Employee shall pay the employee portion of seven percent (7.75%). The Employee's contributions will be paid pre-tax under IRS section 414 (h) (2).

12. Holidays. Employee shall be entitled to the same paid holidays as other City employees.

13. Administrative Leave. Employee shall retain all current administrative leave balances. The Employer shall provide the Employee with eight (8) days of paid administrative leave per year effective July 1 of each year commencing with July 2, 2023. Administrative leave shall not accumulate from year to year. Any administrative leave time remaining in the Employee's account as of June l of any year may be converted to cash; provided, however, that the total leave converted shall not exceed forty (40) hours. If administrative leave is not converted, any administrative leave time remaining as of June 30 shall be forfeited.

14. Sick Leave. The Employee shall retain any accrued sick leave balance and accrue sick leave at a rate of three and sixty-nine one hundredths (3.69) hours bi-weekly.

Reimbursement of the unused sick leave shall be as provided for in the Personnel Rules and Regulations of the City. Sick leave hours may be accumulated without restriction.

15. Vacation Leave. The Employee shall retain all accrued vacation leave. Employee shall accrue vacation leave that shall be earned at six and fifteen one hundredths (6.15) hours biweekly. This rate of accrual is the maximum permitted under the City's vacation leave accrual program and will not increase in subsequent years.
(a) Accumulation. Vacation leave shall be accumulated up to a maximum of four hundred (400) hours.
(b) Payment of Vacation Leave at Termination. Upon termination of employment, the Employee shall be paid for any accrued vacation leave at the Employee's current rate of pay. (1) Hardship Cash-Out. Employees may cash out vacation leave only in the event of a financial emergency where: (i) the employee can demonstrate that the employee has a real financial emergency caused by an event beyond their control, (ii) it would result in serious financial hardship if the cash payment were not made, and (iii) the amount of the cash payment is limited to the amount necessary to meet the emergency. The City Manager or designee will determine, at their sole discretion, whether an emergency exists and the extent of the financial need.

16. Provision of Vehicle. Because the Employee’s duties require exclusive and unrestricted use of an automobile, City shall provide the Employee with a vehicle at the Employer’s cost. As of July 19, 2023, this vehicle shall be a currently available fleet vehicle The Employer shall be responsible for paying for liability, property damage, and comprehensive insurance, and for the operation, maintenance, and repair of the vehicle.

17. Applicability of City's Personnel Rules. The City's Personnel Rules and Regulations shall apply to the Employee to the extent not superseded by this Resolution.

14.a
Packet Pg. 258 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) 4 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager

18. Employment Termination/Notice and Severance Pay.
(a) The term of the Resolution is three (3) years from its effective date. (b) Termination by Employee: Except as otherwise provided, Employee may resign at any time with 30 calendar days prior written notice. During the third year of employment, Employee shall give at least six (6) months prior written notice if he does not wish for the Council to consider extension of this Resolution. Under either circumstance, Employee shall not be eligible for severance on the date of termination of this Resolution. (c) Termination by Council Without Cause: Subject to the provisions of Section 2-87, and in compliance with the provisions of Section 2-86 of the City Code, the Employee may be terminated by the City Council without cause upon 30 calendar days prior written notice. (1) Upon such termination without cause, Employee shall receive severance pay in an amount not to exceed six times the Employee's monthly base salary on the date of termination and shall provide three (3) months of health (medical, dental, and vision) benefits continuing under the benefit plans in which the employee and any dependents are then enrolled.

During such time, City will continue to contribute the employer portion of the coverage to the same extent provided to an employee. Employee shall make the appropriate employee contributions for continued coverage by direct payments to the City. (2) The provision of a severance payment also shall be conditioned upon the execution by City Manager of a Release of All Claims, both known and unknown, in a form acceptable to the City Council and City Attorney.
(3) Such severance pay shall be paid to the Employee lump sum by the City within ten (10) calendar days after the effective date of the Employee's termination, or if agreeable to the employee shall be paid in equal installments during which installment period the Employee shall continue to receive medical insurance benefits. Other options may be agreed upon by the Employer and the Employee.
(4) Nothing in this paragraph shall be deemed to contradict the provisions of El Centro City Code Section 2-87 which provide that Employee shall not be removed from office during or within ninety (90) calendar days next succeeding any general municipal election held in the City at which election a new member of the City Council is elected. The purpose of this provision is to allow any newly elected member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of her office. After the expiration of such ninety (90) day period, the City and the Employee agree that the provisions of this Resolution shall prevail and supersede the provisions of Section 2-87 of the City Code as to the procedure for the termination of the City Manager and the severance arrangements relating thereto.
(5) In the event the City, at any time, reduces the salary or other financial benefits of the Employee in a greater percentage than applicable across-the-board reduction for all employees of the City, or in the event that the City refuses, following written notice, to comply with any other provision benefiting the Employee herein or the Employee resigns following a suggestion, whether formal or informal, by the City Council that he resign, then, in

14.a
Packet Pg. 259 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) 5 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager that event, the Employee may at his option, be deemed himself to have been "terminated" without cause at the date of such reduction or such refusal to comply within the meaning and context of the herein severance pay provision. Furthermore, the Employee may declare a breach of this employment arrangement, and such breach will be regarded as termination without cause if the City, citizens or legislature acts to amend provisions of the law(s) pertaining to the role, powers, duties, authority, or responsibilities of the Employee's position (and results in the substantial diminution of same) or changes the form of government of the City. (6) It is understood by the parties that except as provided if he is to be removed for cause, the Employee cannot contest discipline or a separation from employment under the City's personnel system and explicitly waives any right to do so. The Employee understands that he is an at-will employee and has no property right in his employment or civil service protection.
(d) Termination by City Council for Cause: The City Manager may be removed for cause pursuant to the process provided in City Code Section 2-85. "Cause" for termination means the following:
(1) Conviction of any crime involving an abuse of office or position as that term is defined in Government Code section 53243.4; or
(2) Repeated failure to carry out a directive or directives of the City Council made by the City Council as a body at a duly noticed meeting; or (3) Any grossly negligent action or inaction by the City Manager that materially and adversely impedes or disrupts the operations of the City, its agencies or units; or (4) Failure or refusal by the City Manager to perform the duties of his office that continues for a period of thirty (30) calendar days from the date of his receipt of written notice of such failure.

19. In the event the City Manager is terminated with cause, he shall not be entitled to severance pay but shall receive any and all amounts otherwise owed under federal or state law, the City's Personnel Rules and Regulations or this Resolution.

20. Full-Time Commitment. The Employee shall commit full-time to meeting the responsibilities of the position. Effective upon the date of this Resolution, the Employee shall not accept or continue any outside employment or engagements without first obtaining the written consent of the City Council.

21. Hours of Work. It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the City, and to that end Employee shall be allowed to establish an appropriate work schedule.

22. Other Terms and Conditions of Employment. Right of Return. Upon completion of service as City Manager in good standing, and with mutual agreement between the City and the Employee, the employee may be returned to the permanent position/assignment that he held prior to assuming the role of Interim and then City Manager. If that position/assignment no

14.a
Packet Pg. 260 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) 6 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager longer exists, he shall be provided a similar position or allowed to choose from any open position/assignment that he is qualified to perform.

23. Professional Education. The City agrees to provide a budget for and to pay travel and subsistence expenses of the Employee for short courses, institutes and seminars that are necessary for the Employee's professional development and for the good of the Employer.

24. Dues and Subscriptions. The City agrees to budget and to pay the professional dues and subscriptions of the Employee necessary for his continuation and full participation in national, state and local associations and organizations necessary and desirable to keep the Employee up-to-date with regard to matters of importance to the City, as a City Manager…

25. Civic Club Membership. The City recognizes the desirability of representation in and before local civic and other organizations and the Employee is authorized to become a member of such club(s) and organization(s). The City shall pay related and reasonable expenses thereto and allow the Employee to participate on City time.

26. Corporate Surety Bond. The City will obtain a bond pursuant to the provisions of City Code Section 2-78. The City shall bear the full cost of the Corporate Surety Bond.

27. Reimbursement of Cash Settlement upon Conviction of a Crime Involving Office or Position. Regardless of the term of this agreement, if this agreement is terminated, any cash settlement related to the termination that the Employee may receive from the City shall be fully reimbursed to the City if the Employee is convicted of a crime involving an abuse of his office or position.

28. Effective Date and Term. This resolution shall take effect on July 01, 2023, and end on June 30, 2026, or until a successor resolution is adopted by the City Council unless terminated by either party in accordance with its provisions.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of El Centro, California, on the 18th day of July, 2023.

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

By:______________________________
Norma Wyles, City Clerk

14.a
Packet Pg. 261 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) 7 07/2023/cdz/A22-0252/Reso/EmploymentContract_CityManager APPROVED AS TO FORM:

Office of the City Attorney
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 foregoing Resolution No. 23- , was duly and regularly adopted at a regular meeting of the Council of the City of El Centro, California, held on the 18th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By __________________________
Norma Wyles, City Clerk
I agree to the foregoing:
_______________________________
Cedric Cesena
Date:________________

14.a
Packet Pg. 262 Attachment: EC CM Resolution 2023 (6060 : Appointment of City Manager) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Library
El Centro, CA 92243 Category: Policy
Prepared By: Carla Mason
SCHEDULED Department Head: Carla Mason
ACTION ITEM (ID # 6049) DOC ID: 6049
Library Material Selection Policy
CITY MANAGER’S RECOMMENDATION:

Approve Library Material Selection Policy and Materials Challenge Form.

FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal 4: Offer opportunities for recreation and lifelong learning through innovative, inclusive programming, parks, and facilities that serve all residents and visitors.

Action 4.7: Provide a welcoming state of the art and user-friendly library facility to meet educational and recreational needs.

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 purpose of this policy is to (1) establish criteria and procedures for acquiring and retaining materials available to the public in the El Centro Public Library and (2) establish a procedure for patrons to express their concerns about library materials.

DISCUSSION:

This policy outlines the considerations and procedures that the Library Director follows to purchase new materials for the library. It also provides the steps that a patron needs to take if they have a question about any library material. Additionally, a Materials Challenge Form is attached which must be filled out by the patron and then passed on to the Library Director for consideration.

CONCLUSION:

Approve Library Material Selection Policy and Materials Challenge Form.

ATTACHMENTS:
• Material Selection Policy (DOC)
15 Packet Pg. 263
06/2023/cdz/A23-0131/Policy
LibraryMaterialSelectionChallengeForm

CITY OF EL CENTRO

POLICY STATEMENT
Policy Statement No: 606 Adopted:

Category: General Revised:

Subject: Material Selection Policy Distribution:

I Purpose
The purpose of this policy is to (1) establish criteria and procedures for acquiring and retaining materials available to the public in the El Centro Public Library; and (2) establish a procedure for patrons to express their concerns about library materials. This policy will be reviewed from time to time and may be amended.

II Policy
Each year, a tremendous number of books, audio-visual materials, and resources in digital format are published. It is the responsibility of the Library Director, or designee, to select those items that best serve the informational, educational, and entertainment needs and interests of Library users. The Library Director, in consultation with Library staff, oversees the selection, acquisition, and maintenance of the Library collection according to the guidelines contained in this policy.

This policy includes the acquisition of materials by purchase as well as through donation to the Library, and the process by which obsolete, worn, and damaged materials are removed from the collection.

III Procedures
Criteria for Selection of Materials

1. The El Centro Public Library has an inclusive approach to selection and affirms the public’s right to choose and read with the freedom essential to a democracy. The Library provides materials presenting various points of view concerning the problems and issues of our times. Material dealing with controversial views or subjects is judged on the basis of the entire work and not on isolated passages or sections. Matters such as the race or nationality, or the political, social, or religious views of the author are not factors affecting the evaluation of material. The following criteria are used to evaluate the appropriateness of materials added to the Library collection:
a) Existence of authoritative, published reviews

15.a
Packet Pg. 264 Attachment: Material Selection Policy (6049 : Library Material Selection Policy) 06/2023/cdz/A23-0131/Policy
LibraryMaterialSelectionChallengeForm
b) Factual accuracy of information
c) Merit, awards, or critical acclaim
d) Reputation of the author or publisher
e) Quality of treatment of subject matter
f) Timeliness or permanent value
g) Social significance
h) Readability or literary style
i) Extent to which the subject matter is already represented in the Library collection j) Popular interest or demand
k) Physical durability, attractiveness, and other format characteristics l) Cost
When selecting materials for inclusion in the collection, the Library also considers the availability of materials and resources in other libraries.

Persons Responsible for Material Selection Decisions

2. The Library Director has the prerogative to delegate to Library staff the responsibility of selection and maintenance of Library materials. Notwithstanding, the Library Director is responsible for all purchase decisions. Purchase suggestions from patrons shall be considered by the Library Director and the appropriate materials selector.

Access to Library Materials

3. Materials held by the El Centro Public Library will be available to all members of the public, regardless of age or any other factor. It is the responsibility of a parent or guardian to screen materials for their children or wards.

Public Comment Regarding the Library Collection

4. Patron comments about the collection should be submitted in writing using the appropriate form provided by the El Centro Public Library. This form will be forwarded to the Library Director for review and response.

15.a
Packet Pg. 265 Attachment: Material Selection Policy (6049 : Library Material Selection Policy) 06/2023/cdz/A23-0131/Policy
LibraryMaterialSelectionChallengeForm
Weeding and Disposal of Library Materials

5. An ongoing process of weeding obsolete, unused, or damaged materials is essential to maintaining a collection responsive to the needs of Library patrons. Library staff will remove such weeded materials from the Library collection with the prior permission of the Library Director. The following materials (also called resources) will be considered for weeding:
a) Materials that have been superseded by a new edition (almanacs, statistics, etc.) unless the earlier edition is still useful as a circulating item b) Bibliographies and reading guides listing books that are dated or obsolete c) Books or resources with outmoded or inaccurate illustrations or graphics d) Highly specialized books or resources with no potential readership e) Unneeded duplicates
f) Books or resources that have not been looked at, requested or checked out in a reasonable period of time for that type of material.
g) Worn or damaged items
Weeded items that are too worn or damaged to be usable or desirable to library patrons or other departments within the City will be disposed of pursuant to the surplus property provisions of City Code Section 2-182.

Adding Donated Materials to the Library Collection

6. The El Centro Public Library accepts gifts of library materials that are in usable condition.

The Library reserves the right to determine whether the donated items will be added to the collection; determinations are made based on same selection criteria used for purchase of materials.

15.a
Packet Pg. 266 Attachment: Material Selection Policy (6049 : Library Material Selection Policy) 06/2023/cdz/A23-0131/Policy
LibraryMaterialSelectionChallengeForm
Materials Comment or Challenge Form
El Centro Public Library
Name _____________________________________ Date ___________________________ Address ____________________________________________________________________ City, State, Zip ______________________________________________________________ Phone ___________________________ Email _____________________________________ Is this challenge made on behalf of _________yourself or _____________organization?

1. Resource on which you are commenting:
____ Book ____ Textbook ____ Video ____ Display ____ Magazine ____ Library Program ____ Audio Recording ____ Newspaper ____ Electronic information/network (please specify)_____________________________ Other ________________________ Title ___________________________
Author/Producer ___________________________

2. What brought this resource to your attention?

3. Have you examined the entire resource?

4. What concerns you about the resource? (use other side or additional pages if necessary)

5. Is there an alternative resource(s) you suggest to provide additional information and/or other viewpoints on the same topic?

15.a
Packet Pg. 267 Attachment: Material Selection Policy (6049 : Library Material Selection Policy) City Council of the City of El Centro Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Grant
Prepared By: Adriana Nava
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6059) DOC ID: 6059
Adoption of City of El Centro Mural Art Grant - Program Guidelines & Application.

CITY MANAGER’S RECOMMENDATION:

Adoption of City of El Centro Mural Art Grant - Program Guidelines & Application.

FISCAL IMPACT:

A total of $35,000 were allocated under Measure P for the proposed Mural Program.

Measure P is a local ballot measure that enacted a ½ percent sales tax increase and was approved by the voters in November 2016. The goal of Measure P is to improve and enhance the lives of El Centro residents.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #5- City Beautification, Engagement, and Civic Pride Action 5.4: Prepare a program to incorporate art into public projects, facilities, programs, and private development to the extent possible.

DUE DILIGENCE CHECK FOR CONTRACTORS/CONSULTANTS: DID THE

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

Not applicable.

BACKGROUND:

On June 21, 2022, the Council approved a Citywide Mural Art Program. Staff has been working with Committees and the Community Development Department to generate Guidelines to pilot the Mural Art Program.

The vision of the El Centro Mural Art Grant Program is to enrich the lives of all El Centro residents and visitors by honoring the City’s rich history, celebrating its diverse culture, and creating experiences through art in City planning and public spaces. Public art in the form of murals can tell the story of the community. We firmly believe that our community should embody our shared desire to ensure our City is safe, prosperous, and welcoming to all. Murals have a particular way of reaching individuals and can tell a story to residents, visitors, and business owners who want to know what El Centro represents. The purpose of the Guidelines is to establish a process to distribute grant funds.

DISCUSSION:

The City is offering up to ten (10) grants and up to five thousand dollars ($5,000) each for mural art projects that are proposed to be located on publicly or private owned property. If the mural is on privately-owned property, the mural shall be painted on the exterior of the structure and shall be seen from the public right of way. The grants are intended to decrease the barriers to create murals in El Centro by providing financial support and engage new audiences in the arts.
16 Packet Pg. 268
Action Item (ID # 6059) Meeting of July 18, 2023
The eligibility criteria is as follows:

1. Applicant/artist shall be a resident of Imperial County and preference shall be given to artists who are residents of El Centro.

2. Planned project shall be completed within six (6) months.

3. The mural is required to be viewed from the public right of way.

4. If the planned project is to be located on private property, written proof of permission by the property owner shall be provided with the grant application.

Permission from the property owner shall be proved via a signed letter from the property owner. The letter from the property owner shall indicate the owner is willing to maintain the mural for a period of five (5) years.

5. All artwork shall be unique and copyrighted images will not be allowed.

As it relates to the review process, completed grant applications will be reviewed and scored by the City of El Centro. Applications scoring 70 points or above will be forwarded to the Library & Community Services Board for final review and selection of grant awards.

If the attached Mural Guidelines are approved by City Council, City Staff will host a technical assistance workshop to answer and provide necessary guidance to complete a successful application. The City will be announcing the workshop via social media and on the City’s website. It is anticipated the workshop will be held the first week of August 2023 if the Guidelines are adopted on July 18, 2023.

CONCLUSION:

Staff recommends adoption of City of El Centro Mural Art Grant - Program Guidelines & Application
ATTACHMENTS:
• Final Draft Mural Grant Guidelines_7-18-23 (PDF)
16 Packet Pg. 269

16.a
Packet Pg. 270 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) Vision & Purpose of Mural Art in El Centro
The vision of the El Centro Mural Art Grant Program is to enrich the lives of all El Centro residents and visitors by honoring the City’s rich history, celebrating its diverse culture, and creating experiences through art in City planning and public spaces. Public art in the form of murals can tell the story of the community. We �rmly believe that our community should embody our shared desire to ensure our City is safe, prosperous, and welcoming to all. Murals have a particular way of reaching individuals and can tell a story to residents, visitors, and business owners who want to know what El Centro represents. For the purposes of these Guidelines, a murals are de�ned as “a painting executed directly on a wall.” The purpose of these Guidelines is to establish a process to distribute grant funds for such murals.

Purpose of Mural Art Grant Program
To promote, support and increase the creation of murals within the City of El Centro; to provide an opportunity for personal and community re�ection; and to promote the City’s positive attributes and enhance its image for the enjoyment and bene�t of the residents, businesses, employees, and visitors.

Grant Funds Available & Objectives
A total of $35,000 is available to paint murals throughout El Centro. The funds are from Measure P, a local ballot measure that enacted a ½ percent sales tax increase and was approved by the voters in November 2016. One purpose of Measure P is to improve and enhance the lives of El Centro residents.

The City is o�ering up to ten (10) grants and up to �ve thousand dollars ($5,000) each for mural art projects that are proposed to be located on publicly or private owned property. If the mural is on privately-owned property, the mural must have the consent of the property owner and shall be painted on the exterior of the structure and shall be seen from the public right of way. The grants are intended to decrease the barriers to create murals in El Centro by providing �nancial support and engage new audiences in the arts.

Ineligible Activities, as confirmed by the grant committee • Classes and training sessions as the end product of the project • Programs/projects executed before grants are awarded
• Capital improvements, construction, renovation projects, business signage • Other public art projects such as sculptures, mosaics, furnishings or �xtures • Art that signi�es a political or religious statement
2 16.a
Packet Pg. 271 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) Mural Principles That Will Guide the Grant Selection Process • Create community “brand” and enhance the community’s diverse character • Improve the aesthetic environment of El Centro
• Shape the quality of life and spirit
• Build a stronger sense of place and identity (placemaking) • Create economic vitality by invigorating public places • Enrich the community experience
Eligibility Criteria

1. Applicant/artist shall be a resident of Imperial County and preference shall be given to artists who are residents of El Centro.

2. Planned project shall be completed within six (6) months.

3. The mural is required to be viewed from the public right of way.

4. If the planned project is to be located on private property, written proof of permission by the property owner shall be provided with the grant application.

5. All artwork shall be unique and copyrighted images will not be allowed.

Review Process
Complete grant applications will be reviewed and scored by the City of El Centro.

Applications scoring 70 points or above will be forwarded to the Library & Community Services Board for �nal review and selection of grant awards.

Scoring Criteria will be as follows:
• Project Description - 15 points
• Artistic Excellence - 25 points
• Capacity to administer and implement the project - 15 points • Community support - 15 points
• Social impact - 5 points
• Accessibility and visibility of project to El Centro residents - 10 points • Completeness and clarity of application - 10 points
• Budget identifying quantity of supplies and materials, labor, etc. - 5 points 3 16.a
Packet Pg. 272 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) Award
The maximum grant award is $5,000. Grant funds may be used only for costs, fees, materials, workspace and labor or other approved expenses.

Applicants may submit more than one (1) grant application. If more than one (1) grant application is submitted, the artist shall provide prioritization of their grant applications.

Restrictions
Grants are provided for direct use by the awarded artist/grantee. The awarded grant funds are not transferable to other artists or organizations. To the greatest extent possible, the funded projects shall be executed as described in the grant application. As part of the grant application, include any signi�cant program or schedule changes. If mural artwork is on public property and the artwork is damaged or vandalized; the City reserves the right to paint over the mural. The City reserves the right to stop the painting of or remove a mural which does not meet the requirements of the mural program.

Grantee Responsibilities
• Recognize the City of El Centro in promotional materials • Submit high quality before/after photos of the mural installation project • Submit receipts and invoices for the funded mural project to receive funds.

How to Apply
Complete grant application and provide required attachments. The deadline for applications is ___________, 2023 by 5 PM via email at [email protected] or in person at 1249 Main Street, El Centro, CA 92243.

All documents or other materials received by the City of El Centro shall remain the property of the City without restriction or limitation upon their use.

If you encounter problems or have questions, please contact Aimee Osuna, Economic Development Division, Sta� Assistant at (760) 337-4543.

Technical Assistance to Complete Application
The City will host a technical assistance workshop to answer questions and provide necessary guidance to complete a successful application on _____ at 5:30 PM at the El Centro Community Center, located at 375 S. 1st Street, El Centro, CA 92243.

The workshop is not mandatory, but is recommended.
4 16.a
Packet Pg. 273 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) Mural Art Grant Program Application
Applicant Name:

Phone:

Email Address:

Mailing Address:

City, State, Zip Code:

Proposed Project Title:

Proposed Project Location:

Brief Project Description:
5 16.a
Packet Pg. 274 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) Please answer the following questions as an attachment:

1. Project Description. Describe in detail the proposed project. (max. 500 words)

2. Background/Experience. Please describe the artist’s/applicant’s relevant background and experience. (max. 250 words)

3. Community Support. Describe any partners on the proposed project. Include any non-pro�t organization groups, community-based organizations, volunteers, etc. and their role in the project. Include any community input solicited in creating the project. (max. 250 words)

4. Social Impact. Describe how the proposed project will impact the community in the short term (during project implementation) and in the long term (after project completion). (max. 250 words)

5. Accessibility. Please describe how the project will be available for the enjoyment of El Centro residents and visitors. Provide photographs of the proposed mural art location. (max. 250 words)

6. Project Budget. Please use the attached budget template to provide a detailed project budget. Include all costs, fees, materials and labor that will be incurred for the proposed project only.

7. Applicant Capacity. Provide a project timeline that includes the applicant’s proposal for marketing, outreach, community engagement, and implementation. (max. 250 words)

8. Support Material. Provide no more than nine (9) items to support your proposed project. City Sta� recommends the following:
• Work Samples (6). These serve as the key indication of the artistic excellence of the proposed project. High quality images are recommended. • Resume or bio (1). These can speak to the experience and professionalism behind the proposed project.
• Letters of support, or other materials the applicant/artist deems relevant.

These materials serve to demonstrate the impact and e�ectiveness of the applicant’s community outreach.
6 16.a
Packet Pg. 275 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) Attachment - Project Budget
Expenses
Artist Fee
Supplies & Materials
Tools
Work Space
Other
(Please describe in notes)
Total Project Expenses
Amount Notes
7 16.a
Packet Pg. 276 Attachment: Final Draft Mural Grant Guidelines_7-18-23 (6059 : Approval of Mural Grant Guidelines) City Council of the City of El Centro Meeting: 07/18/23 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 # 6054) DOC ID: 6054
Discussion and any necessary action regarding the Award of the 2023 Streets Overlay Project
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution N0. 23 - , RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE 2023 STREETS OVERLAY PROJECT
FISCAL IMPACT:

No impact to the General Fund
FUNDING SUMMARY*:

SB1 RMRA $ 905,000.00 (Fund 202)
LTA Measure D $1,625,620.41 (Fund 205)
LTA Measure D Bond $ 804,000.00 (Fund 212)
Measure P $ 332,300.39 (Fund 299)
Water Enterprise $ 38,713.40 (Fund 501)
WW Enterprise $ 38,713.40 (Fund 502)
Total $3,744,347.60
(includes contract award + 10% contingency)
This funding schedule above requires a budget request above FY24 budget as follows:
$59,074.89 to account 299 4301 710106
$29,620.41 to account 205 3204 710106
*Refer to Exhibit A - Project Budget for expanded funding schedule STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #2 Environmental Sustainability & Infrastructure; Action 2.13 Implement 2015/2016 Pavement Management System Plan which consist of recommended street repair costs to the City's streets network.

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 successfully completed work for the City of El Centro in the past.

BACKGROUND:

The Engineering division designed in-house the 2023 Streets Overlay Project, resulting in design cost savings as compared to contracting out. Staff utilizes the city's current 17 Packet Pg. 277
Action Item (ID # 6054) Meeting of July 18, 2023
pavement management system software streetsaver to provide recommendations for street repairs by considering which streets may require rehabilitation and maintenance.

Staff then performs field investigations from the recommendations to determine the streets selection and project scope based on the expected construction budget. The proposed project will continue the ongoing effort of implementing street maintenance improvements throughout the City of El Centro.

Schedule B of the Project is funded by SB1 RMRA state funding and consists of rehabilitating roadways approved by council on May 18, 2021 under resolution no. 21-

46. Council has approved Measure P funding for parking lot rehabilitation and enterprise funds for PW yard parking shade and parking lot rehab. Funding amounts and accounts are included in Exhibit A - Project Budget.

DISCUSSION:

Two bids were received with Rove Engineering being the lowest responsible bidder based on the total bid which includes additives 1-5, as specified on the proposal bid form.

Bidder Total Bid
Rove Engineering Inc. $3,920,884.60
Hazard Construction $4,360,802.10
Staff has reviewed the bids and recommends awarding the project to Rove Engineering inc., for the Base Bid Items and Additives 1,2,3, and 4 due to budget.

Total project costs would be as follows:

Base Bid $ 2,954,431.20 (including Schedules A, B and C) Additive 1: $ 74,038.50 (Fire Station 1 parking lot rehab) Additive 2: $ 49,187.00 (Fire Station 2 parking lot rehab) Additive 3: $ 70,388.00 (Public Works Parking lot rehab) Additive 4: $ 255,907.90 (Wake Avenue from Thomas to 4th Street) Subtotal $ 3,403,952.60
10% contingency $ 340,395.00
Total Project Budget $ 3,744,347.60
CONCLUSION:

Approve funding request as presented and Adopt Resolution N0. 23 - , RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF EL CENTRO AWARDING THE BID AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR THE 2023 STREETS

OVERLAY PROJECT
ATTACHMENTS:
• Bid Result Sheet (PDF)
• A23-0130 - resolution Final (PDF)
• Exhibit A - Project Budget (PDF)
17 Packet Pg. 278

17.a
Packet Pg. 279
Attachment: Bid Result Sheet (6054 : Award 2023 Streets Overlay Project) 06/2023/cdz/A23-0130/Reso/AwardBidRoveEngineering
2023StreetsOverlayProject
1 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 2023 STREETS

OVERLAY PROJECT
WHEREAS, the plans and specifications have been adopted by the City Council of the City of El Centro, California (the “City Council”) 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 2023 Streets Overlay Project (the “Project”); and
WHEREAS, bids were received and opened on June 15, 2023, 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 the two (2) firms submitted bids with Rove Engineering Inc., an active California corporation, submitting the lowest responsive and responsible Total Bid in the amount of Three Million Nine Hundred Twenty Thousand Eight Hundred Eighty-Four Dollars and Sixty Cents ($3,920,884.60) as calculated based on unit prices; and
WHEREAS, the City Council has determined to award Rove Engineering, Inc. the Base Bid and Additives 1,2,3,4 in the total amount of Three Million Four Hundred Three Thousand Nine Hundred Fifty-Two Dollars and Sixty Cents ($3,403,952.60) as calculated based on unit prices; and
WHEREAS, the City Council finds that the award and approval of a contract for the Project will be in the best interests 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 Rove Engineering, 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 Four Hundred Three Thousand Nine Hundred Fifty-Two Dollars and Sixty Cents ($3,403,952.60), 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 Forty Thousand Three Hundred Ninety-Five dollars ($340,395.00) for the Project.

17.b
Packet Pg. 280 Attachment: A23-0130 - resolution Final (6054 : Award 2023 Streets Overlay Project) 06/2023/cdz/A23-0130/Reso/AwardBidRoveEngineering
2023StreetsOverlayProject
2 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 Forty Thousand Three Hundred Ninety-Five dollars ($340,395.00) 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

17.b
Packet Pg. 281 Attachment: A23-0130 - resolution Final (6054 : Award 2023 Streets Overlay Project) 06/2023/cdz/A23-0130/Reso/AwardBidRoveEngineering
2023StreetsOverlayProject
3 STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By _________________________
Norma Wyles, City Clerk

17.b
Packet Pg. 282 Attachment: A23-0130 - resolution Final (6054 : Award 2023 Streets Overlay Project) EXHIBIT A - Project Budget
Project Project Schedule Account FY24 Budget Req. Low Bid Amount NOTESOverlays Base Bid Schedule A 205 3204 710106 1,322,473.10 $ 1,851,961.80 $ Within budget 212 3204 710106 804,000.00 $ Within budget
Ross and Euclid Base Bid Schedule B 202 3270 710106 905,000.00 $ 923,603.40 $ Within budgetWake Avenue Additive 4 255,907.90 $ City Hall Base Bid Schedule C 299 4301 710106 100,000.00 $ Within budgetBucklin Park south Base Bid Schedule C 299 5102 710106 50,000.00 $ 178,866.00 $ Within budget Measure P Sch C GAP 299 4301 710106 $ 28,866.00 BUDGET REQUEST Firestation 1 and 2 Additive 1 and 2 299 2301 710106 62,000.00 $ 123,225.50 $ Within budget Measure P Fire GAP 299 4301 710106 $ 61,225.50 BUDGET REQUEST PW Parking lot Additive 3 501 9516 710106 35,194.00 $ 70,388.00 $ Within budget 502 9528 710106 35,194.00 $ Within budget
Total Contract Items 3,403,952.60 $ 3,403,952.60 $
Measure D Contingency 205 3204 710106 303,147.31 $ BUDGET REQUEST OF $29,620.41 Measure P Contingency 299 4301 710106 $ 30,208.89 BUDGET REQUEST OF $30,208.89 Water Enterprise Contingency 501 9516 710106 3,519.40 $ Within budget WW Enterprise Contingency 502 9528 710106 3,519.40 $ Within budget Total Contingency $ 340,395.00
SUMMARY BUDGET AMENDMENT REQUESTS:1. Add $59,074.89 to 299 4301 710106 to cover Measure P project fund gaps and contingency

2. Add $29,620.41 to 205 3204 710106 to cover Measure D project fund gaps and contingencySUMMARY BY FUND TYPE 202 905,000.00 $ 205 1,625,620.41 $ 212 804,000.00 $ 299 332,300.39 $ 501 38,713.40 $ 502 38,713.40 $ TOTAL 3,744,347.60 $
Measure D and SB1 Projects
Measure P projects
Water/WasteWater
Enterprise Projects

17.c
Packet Pg. 283
Attachment: Exhibit A - Project Budget (6054 : Award 2023 Streets Overlay Project) Successor Agency to the Redevelopment Agency Meeting: 07/18/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Agreement
Prepared By: Clara Obeso
REVIEWED Department Head: Adriana Nava
RESOLUTION (ID # 6036) DOC ID: 6036
Discussion and related action regarding the sale of surplus land along Holt and Heil Avenues and further identified by Assessor's Parcel Numbers: 053-752-075, 053-752-076, 053- 752-077, 053-752-078, 053-752-079, 053-752-080.

CITY MANAGER’S RECOMMENDATION:

Adopt Resolution SA 23- RESOLUTION OF THE SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AN

AGREEMENT FOR THE SALE OF REAL PROPERTY TO DESERT SUN
INVESTMENTS, INC.

FISCAL IMPACT:

The Successor Agency has identified surplus land along Holt and Heil Avenues between Hope Street and Dogwood Road. As of March 16, 2023, there are six (6) properties that will be sold and have been appraised at $51,000. Parcels shall be sold at that rate for a total $306,000. The funds collected may need to be returned to the State due to the dissolution of redevelopment agencies.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #5 - City Beautification, Engagement & Civic Pride Goal #6 - Economic Opportunity
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 City of El Centro established the Redevelopment Agency of the City of El Centro with the purpose of increasing, improving, and preserving the community's supply of affordable housing. On January 13, 2012, all redevelopment agencies in the state of California were dissolved and successor agencies were created to wind down the activities of the dissolved redevelopment agencies.

Effective February 1, 2012, the City of El Centro became the Successor Agency to the Redevelopment Agency of the City of El Centro (the "Agency"). All assets of the former redevelopment agency were transferred to the control of the Agency.

As part of the dissolution of redevelopment agencies in California a Long Range Property Management Plan was completed and approved the Successor Agency in 2015. The Plan included properties that were to be retained for future use and properties that were to be sold. The Property Management Plan included six (6) parcels on Holt and Heil Avenues that were to be sold as follows: 053-752-075, 053-752-076, 053-752-077, 053-752-078, 053-752-079, 053-752-080.
18 Packet Pg. 284
Resolution (ID # 6036) Meeting of July 18, 2023
On October 4, 2022, the Successor Agency declared the aforementioned properties as surplus land and subsequently, on October 26, 2022, a notice of availability to sell such surplus properties was sent out to public agencies and the general public as required by Government Code Section 54220 of the State of California.

On December 14, 2022, a notice of interest was received from Ms. Anna Prince, owner of Desert Sun Investments, Inc., who intends to build single family homes and accessory dwelling units. Desert Sun Investments has submitted a conceptual site plan indicating the layout of the homes to be constructed. The site plan is attached hereto for Council review. Ms. Prince has further communicated that as soon as the Building Division approves the plans, she will begin building on the lots. It is estimated construction of the housing units would take approximately 7 to 9 months.

Pursuant to existing law, prior to disposing of the properties, approval must be obtained from the Department of Housing and Community Development (HCD). On May 9, 2023, the required documentation was sent to HCD for review and approval.

DISCUSSION:

On June 6, 2023, the City received a letter of approval from HCD authorizing the sale of the properties located on Holt Avenue and Heil Avenue between Hope Street and Dogwood Road. As mentioned, the purchase price would be $51,000 per lot for a total of $306,000.

It is City Staff’s opinion that it is in the best interest of the City to sell these properties to create additional housing, pursuant to our Regional Housing Needs Assessment (RHNA). Pursuant to the RHNA goals, the City is to create 1,489 above moderate income dwelling units. The subject lots have generated blight as they accumulate weeds and debris and do not positively contribute to the community. The sale of the properties will allow for new infill construction, provide property taxes and create a more positive neighborhood environment.

The City’s legal department has reviewed and approved a purchase and sale agreement for the properties. City Council approval is necessary to move forward with the sale.

CONCLUSION:

It is staff's recommendation that the Successor Agency to the Redevelopment Agency Adopt Resolution No. SA 23- RESOLUTION OF THE SUCCESSOR AGENCY TO

THE REDEVELOPMENT AGENCY OF THE CITY OF EL CENTRO APPROVING AN

AGREEMENT FOR THE SALE OF REAL PROPERTY TO DESERT SUN
INVESTMENTS, INC.

ATTACHMENTS:
• Notice of Interest (PDF)
• Disposition Letter from HCD_6.6.2023 (PDF)
• Concept Site Plan (PDF)
• Resolution FINAL (PDF)
• Purchase and Sale Agreement FINAL (PDF)
18 Packet Pg. 285

18.a
Packet Pg. 286 Attachment: Notice of Interest (6036 : Sale of Surplus Land - Holt & Heil Properties) STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 6, 2023
Clara Fimbres Obeso, Community Development Specialist I City of El Centro
Community Development Division
1249 Main Street
El Centro, CA 92243
Dear Clara Fimbres Obeso:

RE: Written Comments Regarding the City of El Centro’s Surplus Land Disposition Documentation for Specific Properties between Hope Street and Dogwood Road (APNs 053-752-075, 053-752-076, 053-752-077, 053-752- 078, 053-752-079, 053-752-080)
Thank you for submitting your surplus land documentation, on behalf of the City of El Centro (City), for review by the California Department of Housing and Community Development (HCD). We received your documentation on May 9, 2023. This letter constitutes HCD’s written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the properties located at Assessor’s Parcel Numbers (APNs) 053-752-075, 053-752-076, 053- 752-077, 053-752-078, 053-752-079, 053-752-080 (Property), including provisional permission to proceed with the sale.

According to your letter and included documents, a Resolution declaring the property to be surplus was issued on October 4, 2022, and Notices of Availability (NOA) were sent on October 26, 2022. During the required 60-day period, no affordable housing entity expressed interest in the property; however, one entity expressed interest to purchase the property for single-family housing. The City has enclosed the appropriate draft affordability covenant to be recorded against the property, requiring 15 percent affordable housing if ten (10) or more residential units are developed on the Property.

If the submitted documentation and assertions by the City are complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APNs 053-752-075, 053-752-076, 053-752-077, 053- 752-078, 053-752-079, 053-752-080. The City is permitted to proceed with the sale of the property.

18.b
Packet Pg. 287 Attachment: Disposition Letter from HCD_6.6.2023 (6036 : Sale of Surplus Land - Holt & Heil Properties) Clara Fimbres Obeso, Community Development Specialist I

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El Centro City CouncilJuly 18, 2023

El Centro City Council
July 18, 2023