Agenda packet — El Centro City Council, September 12, 2023 (part 2 of 4)

2. BALL VALVES SHALL BE THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

3. CHECK VALVES SHALL BE HUNTER HCV-SERIES.

4. QUICK COUPLING VALVES SHALL BE THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

F. VALVE / PULL BOXES:

1. REMOTE CONTROL VALVE BOXES FOR POTABLE IRRIGATION SYSTEMS SHALL BE MANUFACTURED BY AMETEK (PART #170106) OR CARSON (#1419-2B).

2. BALL VALVE BOXES FOR POTABLE IRRIGATION SYSTEMS SHALL BE MANUFACTURED BY AMETEK (PART #181104).

3. QUICK COUPLING VALVE BOXES FOR POTABLE IRRIGATION SYSTEMS SHALL BE MANUFACTURED BY AMETEK (PART #181104).

4. PULL BOXES FOR POTABLE IRRIGATION SYSTEMS SHALL BE MANUFACTURED BY AMETEK (PART #181104).

G. SPRINKLER HEADS:

SPRINKLER HEADS SHALL BE OF THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

H. DRIP EMITTER HEADS:

DRIP EMITTER HEADS SHALL BE OF THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

I. RAIN SENSING DEVICES:

RAIN SENSING DEVICES SHALL BE THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

J. MOISTURE SENSING DEVICES:

MOISTURE SENSING DEVICES SHALL BE THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

K. CONTROL WIRING:

1. USE DIRECT BURIAL COPPER WIRE AWG-U.F. 600 VOLT, SINGLE CONDUCTOR SOLID COPPER, PLASTIC INSULATED CABLE RATED FOR DIRECT BURIAL APPLICATION, U.F., U.L. APPROVED 14 GAUGE (MINIMUM) PILOT AND SPARE WIRES, 12 GAUGE (MINIMUM) FOR COMMON GROUND RETURN WIRE. WIRE COLOR AS FOLLOWS: COMMON WIRE SHALL BE WHITE, CONTROL WIRES SHALL BE COLOR-CODED ANY COLOR BUT RED OR WHITE. EACH CONTROL WIRE COLOR SHALL BE UNIQUE FROM ALL OTHER CONTROL WIRES. EXTRA CONTROL WIRES SHALL BE RED.

2. SEALS FOR SPLICES AND SPARE WIRE ENDS SHALL BE "PEN-TITE" WIRE CONNECTORS OR APPROVED EQUAL.

L. AUTOMATIC CONTROLLERS:

1. EACH CONTROLLER SHALL BE OF THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

2. CONTROLLER SHALL OPERATE ON SINGLE PHASE, 110 TO 120 VOLT, 60 CYCLE, ALTERNATING CURRENT, "UL" LISTED, AND SHALL CONTAIN AN "OFF" AND "ON" SWITCH TO SHUT OFF ENTIRE AUTOMATIC WATERING CYCLE WITHOUT INTERRUPTING THE TIMING MECHANISM. OUTPUT SHALL BE 24 VOLTS AC.

3. CONTROLLERS SHALL BE ENCLOSED IN WEATHERPROOF CORROSION-RESISTANT HOUSING HAVING LOCKING COVER TO PROTECT ALL EQUIPMENT FROM VANDALISM.

4. CONDUIT FOR 120 VOLT AND 24 VOLT WIRING SHALL BE AS APPROVED BY THE LOCAL BUILDING CODE FOR ELECTRICAL SERVICE AND DISTRIBUTION (PVC PIPE WILL NOT BE ACCEPTABLE FOR USE AS ELECTRICAL CONDUIT).

M. PRESSURE REGULATION DEVICE:

1. PRESSURE REGULATION DEVICE SHALL BE THE TYPE, SIZE AND PERFORMANCE SPECIFIED IN THE IRRIGATION LEGEND.

N. BACKFLOW PREVENTION DEVICE:

1. BACKFLOW PREVENTION DEVICE SHALL BE OF THE TYPE AND SIZE INDICATED ON THE PLANS. BACKFLOW PREVENTION DEVICE SHALL MEET THE STANDARDS SET BY THE STATE OF CALIFORNIA, CALIFORNIA ADMINISTRATIVE CODE, TITLE 17 - "REGULATIONS RELATING TO CROSS CONNECTIONS".

2. BACKFLOW PREVENTION DEVICE SHALL BE FITTED WITH RESILIENT SEATED TEST COCKS, AND WITH RESILIENT SEATED SHUT-OFF VALVES CAPABLE OF ISOLATING THE DEVICE FROM THE REST OF THE SPRINKLER SYSTEM.

7. INSTALLATION PROCEDURES:

A. GENERAL:

1. IF NO DETAIL IS PROVIDED FOR WORK UNDER THIS CONTRACT, INSTALL IN ACCORDANCE WITH MANUFACTURER'S RECOMMENDATIONS OR RECOMMENDED STANDARD PRACTICE. SUBMIT RECOMMENDED PROCEDURES TO OWNER'S REPRESENTATIVE BEFORE PROCEEDING WITH WORK.

2. PLANS ARE DIAGRAMMATIC AND APPROXIMATE. VALVES AND OTHER IRRIGATION EQUIPMENT SHALL BE LOCATED IN PLANTING AREAS. PIPING SHALL BE LOCATED ALONG THE INSIDE EDGES OF PLANTING AREAS EXCEPT WHERE NOT FEASIBLE TO DO SO.

3. PLANTS 24" BOX SIZE AND LARGER SHALL BE PLANTED BEFORE MAINLINES AND LATERAL LINES ARE INSTALLED.

B. WATER SUPPLY:

1. CONNECT IRRIGATION SYSTEM TO POINT OF CONNECTION (POC) AT APPROXIMATE LOCATIONS SHOWN ON DRAWINGS.

2. ALLOW FOR MINOR CHANGES AT POC CAUSED BY ACTUAL SITE CONDITIONS.

3. VERIFY AVAILABLE WATER PRESSURE AT EACH METER LOCATION PRIOR TO COMMENCING CONSTRUCTION OF IRRIGATION SYSTEMS. NOTIFY THE OWNER'S REPRESENTATIVE IMMEDIATELY IF PRESSURE IS NOT THAT WHICH IS INDICATED IN THE DRAWINGS, OR IS NOT SUFFICIENT TO OPERATE SYSTEMS AS DESIGNED. IF NOTIFICATION IS NOT PERFORMED THE CONTRACTOR SHALL ASSUME RESPONSIBILITY FOR ANY REQUIRED REVISIONS.

C. ELECTRICAL SUPPLY:

1. CONNECT POWER AND CONNECTIONS TO THE AUTOMATIC CONTROLLER AS INDICATED ON THE DRAWINGS.

2. CONTRACTOR SHALL COMPLY WITH APPLICABLE CODES AND ORDINANCES.

3. CONTRACTOR SHALL COORDINATE WITH OWNER AND OTHER TRADES TO HAVE POWER AVAILABLE TO THE CONTROLLERS WHEN NEEDED.

D. TRENCHING:

1. DIG TRENCHES STRAIGHT AND SUPPORT PIPE CONTINUOUSLY ON BOTTOM OF TRENCH. LAY PIPE TO AN EVEN GRADE.

FOLLOW LAYOUT INDICATED ON DRAWINGS.

2. DEPTH OF TRENCHES SHALL BE SUFFICIENT TO PROVIDE A MINIMUM COVER ABOVE THE TOP OF THE PIPE AS INDICATED IN PIPE DEPTH SECTION UNDER THE IRRIGATION PIPE AND FITTINGS HEADING.

3. FINISH GRADE OF ALL TRENCHES MUST CONFORM TO ADJACENT GRADES WITHOUT DIPS, SUNKEN AREAS, HUMPS OR OTHER IRREGULARITIES.

E. IRRIGATION PIPE AND FITTINGS:

1. ASSEMBLIES:

A. INSTALL NO MULTIPLE ASSEMBLIES. PROVIDE EACH ASSEMBLY WITH ITS OWN OUTLET.

B. PVC TO METAL CONNECTION SHALL BE BY PVC MALE THREAD ADAPTER FITTING SCREWED INTO METAL FEMALE FITTING, OR BY METAL MALE THREAD ADAPTER FITTING SCREWED INTO PVC FEMALE FITTING.

C. TEFLON TAPE SHALL BE USED ON ALL THREADED PVC TO PVC AND PVC TO METAL JOINTS.

D. REMOVE BURRS FROM PVC PIPE ENDS PRIOR TO CONNECTING OR SOLVENT WELDING. USE SOLVENT

MANUFACTURER'S RECOMMENDATIONS FOR CLEANING PIPE ENDS PRIOR TO MAKING SOLVENT WELDED CONNECTIONS.

E. ALL PVC PRESSURE PIPE 2" AND LARGER, SHALL HAVE THE CORRECT SIZED CONCRETE THRUST BLOCK INSTALLED AT

EVERY ABRUPT CHANGE OF ALIGNMENT AT BALL VALVES, AT TEES, AT ELBOWS, AND AT ENDS OF PIPE RUNS, AND WHEREVER FIELD CONDITIONS OCCUR WHICH REQUIRE ONE.

F. IRRIGATION CIRCUITS SHALL RUN PARALLEL, OR AS CLOSE TO PARALLEL AS IS PRACTICAL, TO THE CONTOUR LINES.

2. PIPE DEPTHS:

DEPTH OF PIPE SHALL BE SUFFICIENT TO PROVIDE A MINIMUM COVER ABOVE THE TOP OF THE PIPE AS FOLLOWS UNLESS INDICATED DIFFERENTLY ON DRAWINGS OR AS PER CITY OR COUNTY CODES OR REQUIREMENTS:

A. RESIDENTIAL REQUIREMENTS:

1. PLANTING AREAS:

NON-PRESSURE LINES -12" OF COVER
PRESSURE LINES - 18" OF COVER

2. PAVED AREAS:

NON-PRESSURE LINES IN SLEEVES - 24" OF COVER
PRESSURE LINES IN SLEEVES - 30" OF COVER
ELECTRICAL WIRES IN SLEEVES - 30" OF COVER
B. COMMERCIAL/INDUSTRIAL REQUIREMENTS:

1. PLANTING AREAS:

NON-PRESSURE LINES - 12" OF COVER
PRESSURE LINES - 18" OF COVER

2. PAVED AREAS:

NON-PRESSURE LINES IN SLEEVES - 30" OF COVER
PRESSURE LINES IN SLEEVES - 36" OF COVER
ELECTRICAL WIRES IN SLEEVES - 36" OF COVER

3. LINE CLEARANCE:

A. POTABLE IRRIGATION LINES SHALL HAVE A CLEARANCE OF 6" OR MORE FROM EACH OTHER, AND FROM LINES OF OTHER TRADES.

B. PARALLEL IRRIGATION LINES SHALL NOT BE INSTALLED DIRECTLY OVER ONE ANOTHER, OR AGAINST THE SIDES OF THE TRENCH.

4. FLUSHING AND ADJUSTING SYSTEM:

A. AFTER IRRIGATION PIPELINES AND RISERS ARE IN PLACE AND CONNECTED, AND PRIOR TO INSTALLATION OF

IRRIGATION OF IRRIGATION HEADS, OPEN THE CONTROL VALVES AND USE A FULL HEAD OF WATER TO FLUSH OUT SYSTEM. AFTER THE SYSTEM IS THOROUGHLY FLUSHED, RISER SHALL BE CAPPED OFF AND THE SYSTEM PRESSURE TESTED.

B. ADJUST VALVES AND ALIGNMENT AND COVERAGE OF IRRIGATION HEADS. ADJUSTMENTS MAY INCLUDE CHANGES IN NOZZLE SIZES AND DEGREES OF ARC. THESE CHANGES SHALL BE MADE WITHOUT ADDITIONAL COST TO THE OWNER. OBTAIN COVERAGE TEST APPROVAL FROM LANDSCAPE ARCHITECT PRIOR TO PLANTING OR SEEDING.

C. SYSTEMS REQUIRING FLUSHING SHALL ACCOMMODATE THE WATER GENERATED BY THE FLUSHING WITHOUT EROSION OR DISTURBANCE TO THE PLANTING. WATER SHALL BE CHANNELED INTO ADJACENT DRAINAGE STRUCTURES (SWALE, GUTTER, ETC.) WHERE POSSIBLE.

5. HYDROSTATIC PRESSURE TEST:

A. NOTIFY OWNER'S REPRESENTATIVE 48 HRS PRIOR TO HYDROSTATIC PRESSURE TEST. TESTING SHALL OCCUR PRIOR TO BACKFILLING AND INSTALLATION OF ANY VALVES.

B. NO TESTING SHALL OCCUR, NOR SHALL ANY WATER BE ALLOWED INTO ANY SYSTEM BEFORE THE SOLVENT MANUFACTURER'S RECOMMENDED CURING TIME HAS ELAPSED.

C. TEST ALL PRESSURE LINES UNDER HYDROSTATIC PRESSURE OF 125 LBS PER SQUARE INCH FOR NOT LESS THAN FOUR HOURS. TEST ALL NON-PRESSURE LINES UNDER EXISTING STATIC PRESSURE.

D. IF LEAKS DEVELOP, REPLACE JOINTS AND REPEAT TEST UNTIL SYSTEM IS PROVEN TO BE WATERTIGHT.

E. FURNISH NECESSARY FORCE PUMP AND OTHER TEST EQUIPMENT.

F. SLEEVES:

1. SLEEVES SHALL BE A MINIMUM OF TWO TIMES LARGER THAN PIPE OR WIRE BUNDLE IT ENCLOSES. ONE PIPE PER SLEEVE.

PIPE SIZE SHALL BE 2" MINIMUM.

2. PIPE SLEEVE UNDER EXISTING OR FUTURE PAVING SHALL BE INSTALLED PRIOR TO PAVING OR RE-PAVING AND SHALL EXTEND 12" BEYOND EACH SIDE OF PAVEMENT. THE LETTERS "E" FOR ELECTRIC AND "W" FOR WATER SHALL BE STAMPED OR CHISELED IN THE PAVEMENT DIRECTLY ABOVE THE SLEEVE ON BOTH SIDES OF THE CROSSING.

3. SLEEVE MARKER: METALLIC BACKED LOCATING TAPE SHALL BE INSTALLED ALONG THE ENTIRE LENGTH OF ALL SLEEVES, 12" DIRECTLY ABOVE SLEEVES.

4. CONTRACTOR SHALL BE RESPONSIBLE FOR SLEEVES AND CHASES UNDER PAVING, THROUGH WALLS, ETC., UNLESS OTHERWISE NOTED.

LANDSCAPE IRRIGATION SPECIFICATIONS

11.a
Packet Pg. 222 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid)

AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature
Dav id Al lan Tay lor , Jr . - L i c . #4819

L I CENSED LANDSCAPE ARCH I TECT

STAT E OF CA L I FORN I A
6-16-23 LI11

IRRIGATION SPECIFICATIONS

BUENA VISTA PARK

2. BALL VALVES:

A. BALL VALVES SHALL BE LOCATED IN SHRUB PLANTING AREAS ONLY.

B. BALL VALVES SHALL BE INSTALLED TO DIVIDE THE IRRIGATION SYSTEM INTO CONTROLLABLE UNITS, AND TO AVOID DRAINING LONG RUNS OF PIPING FOR SYSTEM REPAIRS.

C. BALL VALVES SHALL ISOLATE ALL LOOPED PORTIONS OF MAINLINE NETWORKS.

4. CHECK VALVES:

A. PROVIDE A MANUFACTURER INSTALLED CHECK VALVE IN EACH SHRUB HEAD ON RISER. WHEN A MANUFACTURER

INSTALLED CHECK VALVE IS NOT AVAILABLE, OR WHERE THE SYSTEM ELEVATION CHANGE EXCEEDS TEN FEET, PROVIDE AN IN LINE CHECK VALVE ON THE RISER OF EACH SHRUB HEAD ACCORDING TO DETAILS.

B. PROVIDE A MANUFACTURER INSTALLED CHECK VALVE IN EACH POP-UP HEAD. WHEN A MANUFACTURER INSTALLED

CHECK VALVE IS NOT AVAILABLE, OR WHERE THE SYSTEM ELEVATION CHANGE EXCEEDS EIGHT FEET, PROVIDE AN IN LINE CHECK VALVE ON THE SWING JOINT ASSEMBLY OF EACH POP-UP HEAD ACCORDING TO DETAILS.

5. QUICK COUPLING VALVES:

A. QUICK COUPLING VALVES SHALL BE LOCATED IN SHRUB PLANTING AREAS ONLY.

B. QUICK COUPLING VALVES SHALL BE SET APPROXIMATELY 12" FROM WALKS, CURBS, HEADERS, OR PAVED AREAS WHERE APPLICABLE.

H. VALVE / PULL BOX:

1. VALVE BOXES SHALL BE SET ONE AND ONE HALF INCH (1 1/2") ABOVE THE DESIGNATED FINISH GRADE IN SHRUB AREAS.

2. VALVE BOXES ADJACENT TO WALKS OR PAVING SHALL NOT BE INSTALLED HIGHER THAN FINISH SURFACE OF ADJACENT WALK OR PAVING.

3. INDICATE ON VALVE BOX LID EITHER P.B. FOR PULL BOX, B.V. FOR BALL VALVE, OR THE IDENTIFICATION NUMBER OF THE REMOTE CONTROL VALVE AND CONTROLLER CLOCK. LETTERS SHALL BE 3" HIGH, 1/2" WIDE AND BURNED INTO THE LID WITH A SOLDERING IRON OR ENGRAVED INTO THE LID WITH A ROUTER.

I. SPRINKLER HEADS:

1. SPRINKLER HEADS AND RISERS SHALL BE INSTALLED ACCORDING TO DETAILS.

2. SPACING OF IRRIGATION HEADS SHALL NOT EXCEED MAXIMUMS PER THE IRRIGATION LEGEND.

3. INSTALL SPRINKLER HEADS 12" FROM ANY VERTICAL SURFACE (WALLS, FENCES, BUILDINGS, ETC.).

4. INSTALL POP-UP TYPE HEADS ADJACENT TO WALKS, PAVING, HEADERS, GLAZING, AND TOP OF RETAINING WALLS TYPICALLY.

5. TOP OF POP-UP TYPE HEADS ADJACENT TO WALKS OR PAVING SHALL NOT BE HIGHER THAN FINISH SURFACE OF ADJACENT WALK OR PAVING.

6. CONTRACTOR SHALL ADJUST ALL IRRIGATION HEADS TO FULLY COVER ALL PLANTING AREAS AND NOT THROW ONTO WALKS, BUILDINGS OR WINDOWS WHEREVER POSSIBLE. IRRIGATION SYSTEMS SHALL NOT SPRAY WATER ACROSS SUBDIVISION BOUNDARY LINES. WHERE ON-SITE FIELD CONDITIONS REQUIRE CHANGES, HEADS SHALL BE ADDED OR DELETED IN ACCORDANCE WITH THE MAXIMUM SPACING LIMITS ESTABLISHED IN THE IRRIGATION LEGEND. PIPE SIZING SHALL BE ADJUSTED ACCORDINGLY. WATER VELOCITY IN PIPES SHALL NOT EXCEED 5 FEET PER SECOND AND FLOW SHALL NOT EXCEED RECOMMENDED MAXIMUM OF REMOTE CONTROL VALVE SIZE.

7. IRRIGATION HEADS WITHIN A CIRCUIT SHALL HAVE A UNIFORM PRECIPITATION RATE. DO NOT INTERMIX DIFFERENT TYPES OR BRANDS OF IRRIGATION HEADS ON THE SAME CIRCUIT.

J. DRIP EMITTER HEADS:

1. DRIP EMITTER HEADS AND RISERS SHALL BE INSTALLED ACCORDING TO DETAILS.

2. INSTALL DRIP EMITTER HEADS 12" FROM ANY VERTICAL SURFACE (WALLS, FENCES, BUILDINGS, ETC.).

3. TOP OF DRIP EMITTER HEADS OR TOP OF DRIP EMITTER HEAD BOXES ADJACENT TO WALKS OR PAVING SHALL NOT BE HIGHER THAN FINISH SURFACE OF ADJACENT WALK OR PAVING.

4. CONTRACTOR SHALL ADJUST ALL IRRIGATION HEADS TO FULLY COVER ALL PLANTING AREAS. IRRIGATION SYSTEMS SHALL NOT IRRIGATE ACROSS PROPERTY LINES. WHERE ON-SITE FIELD CONDITIONS REQUIRE CHANGES, DRIP EMITTER HEADS SHALL BE ADDED OR DELETED FOR COMPLETE COVERAGE. PIPE SIZING SHALL BE ADJUSTED ACCORDINGLY. WATER VELOCITY IN PIPES SHALL NOT EXCEED 5 FEET PER SECOND AND FLOW SHALL NOT EXCEED RECOMMENDED MAXIMUM OF REMOTE CONTROL VALVE SIZE.

K. MOISTURE SENSORS:

1. THE MOISTURE SENSING SYSTEM SHALL BE INSTALLED PER THE MANUFACTURER'S RECOMMENDATIONS.

2. A TOGGLE SWITCH ON THE CONTROLLER UNIT SHALL ALLOW THE OPERATOR TO MANUALLY BYPASS THE MOISTURE SENSORS CONTROL OF THE VALVE.

L. RAIN SENSING DEVICES:

RAIN SENSING DEVICES SHALL BE INSTALLED PER THE MANUFACTURER'S RECOMMENDATIONS.

M. CONTROL WIRING:

1. INSTALL WIRING IN SAME TRENCH AS PRESSURE SUPPLY LINES WHEREVER POSSIBLE.

2. THERE SHALL BE EIGHTEEN INCHES (18") COVERAGE OF EARTH OVER THE 24-VOLT CONTROL WIRE. INSTALL WIRE IN TRENCH AND TAPE TO MAIN LINES ON SIDE OF PIPE, WHERE APPLICABLE, AT 10" INTERVALS.

3. NO SPLICES SHALL BE MADE BETWEEN CONTROLLER AND AUTOMATIC CONTROL VALVES.

4. ALL SPLICES SHALL BE ENCASED IN WATERPROOF CONNECTORS PER APPROVED MATERIALS.

5. PROVIDE ONE SEPARATE SPARE CONTROL WIRE TO EACH SINGLE VALVE OR VALVE MANIFOLD (A VALVE MANIFOLD IS CONSIDERED ANY VALVE GROUPING WHERE VALVES ARE PLACED NO FURTHER THAN 3' APART). ONE SPARE WIRE THAT IS LOOPED FROM VALVE TO VALVE IS NOT ACCEPTABLE. SPARE WIRE ENDS SHALL BE ENCASED IN WATERPROOF CONNECTORS PER APPROVED MATERIALS.

6. EACH INDIVIDUAL CONTROLLER'S CONTROL WIRES SHALL BE BUNDLED AND TAPED TOGETHER WITH COLORED TAPE AT INTERVALS NOT EXCEEDING TEN FEET (10'). CONTROLLER IDENTIFICATION TAPE COLORS SHALL BE AS FOLLOWS:

CONTROLLER COLOR

A BLACK
B RED

C WHITE

7. TRENCH MARKER: WHEN CONTRACTOR CANNOT INSTALL CONTROL WIRES IN THE SAME TRENCH AS THE PRESSURE

SUPPLY LINES, ALL DIRECT BURIAL WIRES SHALL BE MARKED WITH A CONTINUOUS RED COLORED TRENCH MARKER PLASTIC TAPE PLACED NINE INCHES (9") BELOW FINISHED GRADE DIRECTLY ABOVE THE BURIED WIRES.

8. IDENTIFY CONTROL WIRES WITH PERMANENT LABELS THAT INDICATE THE WIRE'S CONTROLLER AND VALVE NUMBER.

ATTACH WIRE LABELS AT CONTROLLER AND BOTH SIDES OF ANY SPLICE.

9. IN LINE WIRE SPLICES SHALL BE MADE ONLY IN PULL BOXES OR VALVE BOXES.

10.ALL WIRES IN PULL BOXES SHALL BE LOOSE AND SHALL NOT COME WITHIN THREE INCHES (3") FROM LID. BOXES SHALL BE SIZED ACCORDINGLY TO ACCOMMODATE THIS REQUIREMENT.

11.WIRE CONNECTIONS: NEUTRAL, PILOT AND SPARE WIRES SHALL BE INSTALLED WITH A 1" DIA. BY 2'-0" LONG COILED EXCESS WIRE LENGTH AT EACH END ENCLOSURE, WIRE SPLICE, AND 100' ON CENTER.

12.TESTING: ALL WIRING SHALL BE TESTED FOR CONTINUITY, OPEN CIRCUITS, AND UNINTENTIONAL GROUNDS PRIOR TO CONNECTING TO EQUIPMENT. THE MINIMUM INSULATION RESISTANCE TO GROUND SHALL BE FIFTY (50) MEGAOHMS.

ANY WIRING NOT MEETING THIS REQUIREMENT SHALL BE REPLACED, AT THE CONTRACTOR'S EXPENSE.

N. BACKFILLING:

1. DO NOT BACKFILL THE PIPE JOINTS UNTIL THE SYSTEM HAS BEEN PRESSURE TESTED AND ACCEPTED.

2. MECHANICALLY COMPACT BACKFILL FOR TRENCHING TO DRY DENSITY EQUIVALENT TO ADJACENT UNDISTURBED SOIL, AND MEET ADJACENT GRADES WITHOUT SUNKEN AREAS, HUMPS OR OTHER IRREGULARITIES.

3. PLACE 6" OR MORE OF CLEAN SOIL, FREE OF DEBRIS, ROCK, ETC. AS INITIAL BACKFILL ON PRESSURE SUPPLY LINES.

4. PLACE FINE GRANULAR MATERIAL WITH NO FOREIGN MATTER LARGER THAN 1/2" IN SIZE AS INITIAL BACKFILL ON ALL NON-PRESSURE LINES.

5. PLACE A MINIMUM OF 6" OF SAND ON PIPES LOCATED UNDER AREAS WHERE PAVING WILL BE INSTALLED. USE SPECIFIED INITIAL BACKFILL FOR REMAINING FILL AS NECESSARY.

6. INSTALL PIPING UNDER EXISTING WALKS BY JETTING OR BORING. IF CUTTING OR BREAKING OF WALKS IS NECESSARY, IT SHALL BE DONE AND REPLACED AS A PART OF THIS CONTRACT. OBTAIN PERMISSION FROM OWNER'S REPRESENTATIVE BEFORE PROCEEDING.

O. AUTOMATIC CONTROLLERS:

1. THE AUTOMATIC CONTROLLER SHALL BE INSTALLED AT THE APPROXIMATE LOCATION SHOWN ON THE PLAN IN A MANNER RECOMMENDED BY THE MANUFACTURER. CONTRACTOR SHALL CONNECT REMOTE CONTROL VALVES TO CONTROLLER TO CORRESPOND WITH THE STATION NUMBERS, IN THE SEQUENCE SHOWN ON THE PLANS.

2. CONTROLLERS SHALL BE PROGRAMMED SO WATERING WILL NOT INTERFERE WITH CONSTRUCTION OR NORMAL USE OF THE PROPERTY.

3. ALL LOCAL AND OTHER APPLICABLE CODES SHALL TAKE PRECEDENCE IN CONNECTION OF THE 110 VOLT ELECTRICAL SERVICE TO THE CONTROLLER. OWNER SHALL PROVIDE POWER TO THE CONTROLLER. CONTRACTOR SHALL COMPLETE HOOK-UP TO THE CONTROLLER.

4. UNLESS SPECIFICALLY APPROVED BY THE PLANNING DIRECTOR, ALL CONTROL CIRCUITS SHALL BE DESIGNED TO OPERATE ONE VALVE AT A TIME.

P. PRESSURE REGULATION DEVICES:

1. PRESSURE REGULATION DEVICES SHALL BE INSTALLED ON ANY SYSTEMS WITH A STATIC INLET PRESSURE AT THE POINT OF CONNECTION GREATER THAN 80 PSI UNLESS SPECIFICALLY APPROVED BY THE PLANNING DIRECTOR. PRESSURE SHALL BE

REGULATED TO A PRESSURE ADEQUATE TO OPERATE THE EQUIPMENT AT DESIGNED PRESSURES WITH ALL INCIDENTAL AND LINE LOSSES INCLUDED.

2. PRESSURE REGULATION DEVICES SHALL BE INSTALLED ABOVE GROUND, IN LINE WITH THE BACKFLOW PREVENTION DEVICE, MAKING ONE COMPLETE ASSEMBLY.

3. ADJUST PRESSURE REGULATION DEVICES TO ACHIEVE 10 PSI MORE THAN THE MINIMUM HEAD OPERATION PRESSURE FOR EACH TYPE OF HEAD AT THE HIGHEST SYSTEM AND/OR HIGHEST AND LARGEST SYSTEM. SEE IRRIGATION LEGEND FOR THE LOWEST OPERATING PRESSURE RANGE OF EACH HEAD TYPE.

Q. BACKFLOW PREVENTION UNITS:

1. BACKFLOW PREVENTER ASSEMBLIES SERVING POTABLE WATER SHALL BE LOCATED IN SHRUB AREAS. FINAL LOCATION SHALL BE APPROVED BY OWNER'S REPRESENTATIVE PRIOR TO INSTALLATION.

R. CLEAN-UP:

1. UPON COMPLETION OF WORK IN THIS SECTION, CONTRACTOR SHALL REMOVE ALL RUBBISH, TRASH, AND DEBRIS RESULTING FROM THE OPERATIONS; REMOVE UNUSED EQUIPMENT AND IMPLEMENTS OF SERVICE; LEAVE ENTIRE AREA INVOLVED IN A NEAT AND ACCEPTABLE CONDITION SUCH AS TO MEET THE APPROVAL OF THE OWNER'S REPRESENTATIVE.

G. VALVES:

1. REMOTE CONTROL VALVES AND PRESSURE REDUCING REMOTE CONTROL VALVES:

A. VALVES SHALL BE LOCATED IN SHRUB PLANTING AREAS ONLY.

B. VALVES SHALL BE GROUPED TOGETHER WHEREVER POSSIBLE AND INSTALLED IN INDIVIDUAL VALVE BOXES.

C. REMOTE CONTROL VALVES SHALL BE SIZED TO PROVIDE ADEQUATE PRESSURE DIFFERENTIAL FOR PROPER OPERATION.

D. WHERE THE PRESSURE AT THE REMOTE CONTROL VALVE EXCEEDS 80 P.S.I. (DUE TO ELEVATION DROPS, ETC.), A PRESSURE REDUCING VALVE SHALL BE USED TO REDUCE PRESSURE TO DESIGN LEVELS.

E. VALVES SHALL BE ADJUSTED SO THAT THE MOST REMOTE SPRINKLER HEADS OPERATE AT THE PRESSURE RECOMMENDED BY THE HEAD MANUFACTURER. VALVES SHALL BE ADJUSTED SO A UNIFORM DISTRIBUTION OF WATER IS APPLIED BY THE SPRINKLER HEADS TO THE PLANTING AREAS FOR EACH INDIVIDUAL VALVE SYSTEM.

F. PROVIDE A PVC UNION ON THE DOWNSTREAM SIDE OF THE VALVE. CONNECTIONS SHALL BE MADE HORIZONTALLY.

LANDSCAPE IRRIGATION SPECIFICATIONS (CONT'D.)
FOR IRRIGATION LEGEND, SEE SHEET LI01.

FOR IRRIGATION PLANS, SEE SHEETS LI01-LI03.

FOR IRRIGATION DETAILS, SEE SHEETS
LI04-LI07. FOR IRRIGATION NOTES, SEE SHEET
LI06 AND LI08. FOR IRRIGATION CALCS, SEE
SHEET LI09. FOR SPECIFICATIONS SEE SHEET
LI10 AND THIS SHEET.

11.a
Packet Pg. 223 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid) MANUEL ORTIZ AVE MATCH LINE - SEE SHEET LP03
MATCH LINE - SEE SHEET LP02
MINIMUM TREE SEPARATION DISTANCES:

IMPROVEMENT / MINIMUM DISTANCE TO STREET TREE
- TRAFFIC SIGNALS (STOP SIGN): 20 FEET
- UNDERGROUND UTILITY LINES: 5 FEET
- ABOVE GROUND UTILITY STRUCTURES: 10 FEET
- DRIVEWAY (ENTRIES): 10 FEET
- INTERSECTIONS (INTERSECTING CURB
LINES OF TWO STREETS): 25 FEET
- SEWER LINES: 10 FEET
* NO TREES SHALL BE INSTALLED WITHIN TEN FEET OF ANY WATER FACILITIES OR IN ANY WATER ACCESS EASEMENT. NO SHRUBS EXCEEDING THREE FEET IN HEIGHT AT MATURITY SHALL BE INSTALLED WITHIN 10 FEET OF ANY PUBLIC

WATER MAIN OR WITHIN ACCESS EASEMENTS
0 20 40 60 80
N

AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature
Dav id Al lan Tay lor , Jr . - L i c . #4819

L I CENSED LANDSCAPE ARCH I TECT

STAT E OF CA L I FORN I A
6-16-23 LP01

PLANTING PLAN

BUENA VISTA PARK
Symbol

LANDSCAPE PLANTING LEGEND
TREES
ACACIA SALINCINA / WILLOW ACACIA 40' X 20' M 15 GAL 30 STD.

DALBERGIA SISSOO / INDIAN ROSEWOOD 82' X 10' M 15 GAL 31 STD.

JACARANDA MIMOSIFOLIA / JACARANDA 40' X 30' M 15 GAL 39 STD.

SHRUBS
CARISSA MARCOCARPA / NATAL PLUM 5-7' X 5-7' M 1-5 GAL. 23 LANTANA MONTEVIDENSIS / TRAILING LANTANA 2' X 3-6' M 1-5 GAL. 15 50% SPREADING ORANGE AND 50% SPREADING YELLOW 2'/5-8' X 3-6'/4-6' M 1-5 GAL. 15 LEUCOPHYLLUM FRUTESCENS / TEXAS RANGER 5-8' X 4-6' L 5 GAL. 27 OTHERS
PLATINUM TE PASPALUM M SOD 72,875 SQ.FT.

TREE ROOT CONTROL BARRIER - 24-INCH WIDE BIOBARRIER BY TYPAR (877) 642-9929 OR APPROVED EQUAL NOTE: ALL SHRUB PLANTING AREAS SHALL RECEIVE A 2" LAYER (MIN.) OF A GRAVEL MULCH TO BE APPROVED BY THE CITY OF EL CENTRO.

Botanical Name/Common Name H x W WUCOLS Size Qty. Remarks Symbol Botanical Name/Common Name H x W WUCOLS Size Qty. Remarks FOR PLANTING PLAN, SEE SHEET LP01-LP03.

FOR PLANTING LEGEND, SEE SHEET LP01.

FOR PLANTING DETAILS, SEE SHEET LP04.

FOR PLANTING SPECIFICATIONS SEE SHEET
LP05-LP06.

11.a
Packet Pg. 224 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid) MATCH LINE - SEE SHEET LP03
MATCH LINE - SEE SHEET LP01

FIELDVIEW AVE
MINIMUM TREE SEPARATION DISTANCES:

WATER MAIN OR WITHIN ACCESS EASEMENTS
0 20 40 60 80
N

AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature
Dav id Al lan Tay lor , Jr . - L i c . #4819

L I CENSED LANDSCAPE ARCH I TECT

STAT E OF CA L I FORN I A
6-16-23 LP02

PLANTING PLAN

BUENA VISTA PARK
Symbol

LANDSCAPE PLANTING LEGEND
Botanical Name/Common Name H x W WUCOLS Size Qty. Remarks FOR PLANTING PLAN, SEE SHEET LP01-LP03.

FOR PLANTING LEGEND, SEE SHEET LP01.

FOR PLANTING DETAILS, SEE SHEET LP04.

FOR PLANTING SPECIFICATIONS SEE SHEET
LP05-LP06.

Symbol Botanical Name/Common Name H x W WUCOLS Size Qty. Remarks TREES
ACACIA SALINCINA / WILLOW ACACIA 40' X 20' M 15 GAL 30 STD.

DALBERGIA SISSOO / INDIAN ROSEWOOD 82' X 10' M 15 GAL 31 STD.

JACARANDA MIMOSIFOLIA / JACARANDA 40' X 30' M 15 GAL 39 STD.

11.a
Packet Pg. 225 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid)

S CLARK RD
MANUEL ORTIZ AVE STOP MATCH LINE - SEE SHEET LP01
FIELDVIEW AVE STOP S CLARK RD MATCH LINE - SEE SHEET LP02 MINIMUM TREE SEPARATION DISTANCES:

AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature Dav id Al lan Tay lor , Jr . - L i c . #4819 L I CENSED LANDSCAPE ARCH I TECT STAT E OF CA L I FORN I A 6-16-23 LP03

PLANTING PLAN

BUENA VISTA PARK

MATCH LINE - SEE ABOVE LEFT

MATCH LINE - SEE BELOW RIGHT
FOR PLANTING PLAN, SEE SHEET LP01-LP03.

FOR PLANTING LEGEND, SEE SHEET LP01.

FOR PLANTING DETAILS, SEE SHEET LP04.

FOR PLANTING SPECIFICATIONS SEE SHEET
LP05-LP06.

11.a
Packet Pg. 226 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid)

D NO SCALE

C NO SCALE

SHRUB PLANTING DETAIL
(NOT ASSIGNED)
ROOTBALL.

CROWN-1" ABOVE FINISH GRADE.

FINISH GRADE.
2 X ROOTBALL DIA.

BACKFILL MIX (SEE SPECS.).

PLANT TABLETS (SEE SPECS.).
2" MAX. DEPTH.

TOP OF PAVING.
4" HIGH WATERING BASIN.

UNDISTURBED NATIVE SOIL.

NATIVE SOIL BACKFILL
1 2
3 4
5 6
7 8
9 10
11 12
1 2
3 9
8 11
7 5
6 12
4 10

DOUBLE STAKING DETAIL B

ROOT CONTROL BARRIER F

A NO SCALE
TREE PLANTING DETAIL 12"
2" DIA. X 10' LODGEPOLE PINE
STAKE (2 REQ'D.).
1 X 2" WOOD BRACE.

VINYL TREE TIE (2 REQ'D. PER
STAKE).
24" MIN.

SEE TREE PLANTING DETAIL.
12" MIN.

TREE TRUNK.

ROOTBALL.

REMOVE TURF TO 1" BEYOND
TREE STAKES.
1 2
3 4
5 6
7 8
9 1
3 7 9
8 2
1 2
3 8
6 7
5 9
ROOTBALL. CROWN - 3" ABOVE
FINISH GRADE.

FINISH GRADE.
2 X ROOTBALL WIDTH.

BACKFILL MIX (SEE SPECS.).

PLANT TABLETS (SEE SPECS.).
6" HIGH WATERING BASIN.

REMOVE IN TURF AREA PRIOR
TO HYDROSEEDING.

UNDISTURBED NATIVE SOIL.

UNDER ROOT BALL.

PROVIDE 3" MULCH LAYER

NATIVE SOIL BACKFILL
1 2
3 4
5 6
7 8
9 10
11 15
6 2
4 NOTE: TREES SHALL BE DOUBLE

STAKED AS INDICATED IN PLANT
LEGEND.

PREVAILING WIND

PLAN VIEW

CROSS SECTION

PLAN VIEW
HARDSCAPE EDGE: CURB, SWALE, PAVEMENT, OR
EDGING.

ROOT CONTROL BARRIER TRENCH BACKFILLED WITH
CLEAN SITE SOIL.

TOP OF ROOT CONTROL BARRIER FLUSH WITH GRADE.

ROLL ROOT CONTROL BARRIER (BIOBARRIER) BY
BBA REEMAY, INC., OR APPROVED EQUAL.
(800)284-2780

INSTALL FLUSH WITH BACK OF CURB & FINISH GRADE
AS RECOMMENDED BY THE MANUFACTURER. 20' OF
BARRIER PER TREE MINIMUM CENTERED ON TREE. 2"
10'
20'
10'

ROOT CONTROL BARRIERS SHALL

BE PROVIDED AS SHOWN ON THIS

DETAIL WHERE TREES ARE
PLANTED WITHIN 10' OR CLOSER

FROM THE EDGES OF

PAVEMENTS, MOW CURBS AND
ALUMINUM EDGING. ROOT

CONTROL BARRIERS MAY OCCUR

ON MULTIPLE SIDES OF THE
TREE. REFER TO PLAN.

TREE
2" IN SHRUB AREAS, 1" IN TURF.
1 2
3 4
5 6
7 7
2 1
6 2 1 5
4 NO SCALE

SLOPE PIT AROUND ROOT BALL
TO DRAIN.

STREET TREE DRAIN - 4" DIA.

PERF. PVC PIPE WITH FILTER
SOCK IN 8" DIA. HOLE, BACKFILL
WITH CLEAN 3/4" DRAIN ROCK
AND DRAIN CAP. 1-1/2 TIMES ROOT BALL DEPTH
12 FILTER FABRIC

E NO SCALE

TREE IN AGGREGATE

TREE STAKE AND TIES REFER

TO DETAIL B THIS SHEET
13 ROOT CONTROL BARRIER -

REFER TO DETAIL F THIS SHEET
14 12"
ROOTBALL. CROWN - 2" ABOVE FINISH
GRADE.

FINISH GRADE.
2 X ROOTBALL WIDTH.

BACKFILL MIX (SEE SPECS.).

PLANT TABLETS (SEE SPECS.).
6" LAYER OF WASHED DECORATIVE
COBBLE BLEND. COMPACT TO 90%
RELATIVE DENSITY. REFER TO SHEET LC-1.

UNDISTURBED NATIVE SOIL. UNDER ROOT
BALL.
3/4" CLASS II ROCK BASE COMPACTED TO
95% RELATIVE DENSITY.

NATIVE SOIL BACKFILL
1 2
3 4
5 6
7 8
9 10
11 15
6 2
10 3
SLOPE PIT AROUND ROOT BALL TO DRAIN.
4" DIA. PERF. PVC PIPE WITH FILTER SOCK
IN 8" DIA. HOLE, BACKFILL WITH CLEAN 3/4"
DRAIN ROCK. 1-1/2 TIMES ROOT
9 BALL DEPTH
12 12 FILTER FABRIC

TREE STAKE AND TIES REFER TO DETAIL B

THIS SHEET
13 ROOT CONTROL BARRIER - REFER TO

DETAIL F THIS SHEET
14 14 4"
13 8"
8"
8 9
3 8
8 UNDERGROUND UTILITY.
24-INCHES FOR THE PROTECTION

OF PAVEMENTS AND MOW
CURBS, 39-INCHES FOR THE

PROTECTION OF UNDERGROUND
UTILITIES.
9 4" DIA. PERF. PVC INSPECTION

PIPE WITH FILTER SOCK AND

DRAIN CAP
15 1
4" DIA. PERF. PVC INSPECTION PIPE WITH
FILTER SOCK AND DRAIN CAP.
15 1

NO SCALE
MULCH LAYER. IN ALL SHRUB
AREAS. REFER TO SPECIFICATIONS.
10 11
4 5
7 8
14 3
9 12
11 4
5 7
8 AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature
Dav id Al lan Tay lor , Jr . - L i c . #4819

L I CENSED LANDSCAPE ARCH I TECT

STAT E OF CA L I FORN I A
6-16-23 LP04

PLANTING DETAILS

BUENA VISTA PARK
FOR PLANTING PLAN, SEE SHEET LP01-LP03.

FOR PLANTING LEGEND, SEE SHEET LP01.

FOR PLANTING DETAILS, SEE SHEET LP04.

FOR PLANTING SPECIFICATIONS SEE SHEET
LP05-LP06.

11.a
Packet Pg. 227 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid) LP05

AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature
Dav id Al lan Tay lor , Jr . - L i c . #4819

L I CENSED LANDSCAPE ARCH I TECT

STAT E OF CA L I FORN I A
6-16-23
06-27-2022
H. PLANT MATERIAL:

1. QUALITY: HEALTHY, VIGOROUS, NORMAL HABIT; FREE OF WEEDS, INSECT INFESTATION, PLANT DISEASE, SUN SCALDS, BROKEN FOLIAGE, ABRASIONS OF THE BARK, AND OTHER DISFIGUREMENTS. QUALITY IN ACCORDANCE WITH THESE PLANS AND SPECIFICATIONS SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE.

2. SIZE: THAT NORMALLY EXPECTED FOR COMMERCIALLY AVAILABLE NURSERY STOCK FOR SPECIES/VARIETIES SPECIFIED IN THESE PLANS. THE ROOT SYSTEM SHALL FILL THE CONTAINER BUT NOT BE ROOT BOUND. SIZE IN ACCORDANCE WITH THESE SPECIFICATIONS SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE.

3. REJECTION OR SUBSTITUTION: REMOVE REJECTED PLANT MATERIAL FROM THE SITE IMMEDIATELY AND REPLACE AT NO ADDITIONAL COST TO THE OWNER. SUBSTITUTIONS SHALL NOT BE PERMITTED UNLESS EXPRESSED CONSENT IS RECEIVED FROM THE OWNER'S REPRESENTATIVE.

4. PROTECTION: HANDLE AND STORE PLANT MATERIALS TO PROTECT FROM SUN, WIND, AND OTHER INJURIES OR DAMAGE.

INJURY OR DAMAGE SHALL BE CAUSE FOR REJECTION EVEN AFTER INITIAL REVIEW.

5. QUANTITIES: CIRCLES, DOTS, OR OTHER PLANT SYMBOLS USED WITHIN THE PLANS ARE THE AUTHORITY TO PLANT COUNTS AND SHALL DETERMINE QUANTITIES PROVIDED. QUANTITIES SHOWN ON THESE DRAWINGS ARE APPROXIMATE AND ARE ONLY FOR THE CONVENIENCE OF THE CONTRACTOR. PLANT SYMBOLS AND/OR "ON CENTER" SPACING TAKE PRECEDENCE OVER PLANT QUANTITIES SPECIFIED. CONTRACTOR SHALL INFORM OWNER IMMEDIATELY OF ANY DISCREPANCIES BETWEEN QUANTITIES AND SYMBOLS SHOWN.

6. SOD FOR LAWN SHALL BE PER PLAN.

7. SEED FOR LAWN SHALL BE PER PLAN.

8. HYDROSEEDING:

A. WOOD CELLULOSE MULCH: CLEAN, NATURAL, WOOD CELLULOSE FIBER, DYED GREEN WITH UNIFORM SUSPENSION IN WATER; ALLOWS ABSORPTION OF MOISTURE, AND RAINFALL TO PERCOLATE TO SOIL BELOW.

B. ORGANIC SOIL AMENDMENT: TRI-C ORGANIC SOIL CONDITIONER / FERTILIZER WITH A 6-2-4 NPK RATING, 5% SULFUR AND TRACE ELEMENTS.

C. SEED: CLEAN, FRESH, NEW CROP, LABELED WITH SUPPLIER'S STATEMENT OF COMPOSITION AND PERCENTAGE OF PURITY.

D. BINDER: ECOLOGY M-BINDER.

E. IRON CHELATE.

F. SEED MIXES PER PLAN.

G. TRI-C ENDO 120 GRANULAR MYCORRHIZAL INOCULUM.

I. MULCH:

1. MULCH: MULCH SHALL BE "1/2" - 3" FOREST MULCH" AS MANUFACTURED BY AGRI SERVICE INC. (800) 262-416E J. ACCESSORIES:

1. TREE TIES: COMMERCIALLY MANUFACTURED TIES FROM BLACK TIRE CASINGS, CUT TO A MINIMUM 10" LENGTH AND HELD IN PLACE BY 12 GAUGE GALVANIZED WIRE OR SPLIT PLASTIC HOSE WITH A MINIMUM LENGTH OF 15". SPLIT PLASTIC HOSE SHALL BE "CINCH TIE" OR APPROVED EQUAL.

2. TREE STAKES: 10' LONG, STRAIGHT GRAINED LODGE POLE PINE, FREE OF KNOTS, CHECKS, SPLITS AND DISFIGUREMENTS, TREATED WITH COPPER NAPTHENATE.

3. TREE TRUNK PROTECTORS: MANUFACTURED BY V.I.T. COMPANY, INC., 15561 PRODUCT LANE, D-4, HUNTINGTON BEACH, CA, 92649, (714) 891-8338.

4. GUY WIRES: 12 GAUGE GALVANIZED WIRE; NOT TO BE SPLICED.

5. GUY WIRE HOSE: 3/8" OR 5/16" X .062" WT POLYETHYLENE TUBING BY WARD MFG., (714) 631-5055.

6. ROOT BARRIER: CP SERIES - ROOT BARRIER PANELS: .085" THICK, POLYETHYLENE PLASTIC WITH ULTRAVIOLET INHIBITORS, AS MANUFACTURED BY CENTURY ROOT BARRIERS (800) 480-8084. USE MODEL NUMBER CP24-2 ADJACENT TO CURBS AND PAVED SURFACES. USE MODEL NUMBER CP36-2 ADJACENT TO RETAINING WALLS OR BUILDING FOOTINGS.

5. INSTALLATION:

A. PERCOLATION TESTING:

1. UPON COMPLETION OF THE ROUGH GRADING OF THE SITE, THE OWNER'S REPRESENTATIVE SHALL IDENTIFY A TYPICAL LOCATION FOR 1 OF THE LARGEST SPECIMEN BOX TREES, THE CONTRACTOR SHALL EXCAVATE THE PIT FOR THE TREE PER THE PROJECT SPECIFICATIONS AND DETAILS.

2. WITH THE OWNER PRESENT, THE CONTRACTOR SHALL FILL THE PIT WITH WATER TO A DEPTH OF 12", IF POSSIBLE. THE LENGTH

OF TIME REQUIRED FOR THE WATER TO PERCOLATE INTO THE SOIL, LEAVING THE PIT EMPTY, WILL BE MEASURED BY THE CONTRACTOR AND VERIFIED BY THE OWNER'S REPRESENTATIVE.

3. WITHIN 6 HOURS OF THE TIME THE WATER HAS DRAINED FROM THE PIT THE CONTRACTOR, WITH THE OWNER PRESENT, SHALL AGAIN FILL THE PIT WITH WATER TO A DEPTH OF 12". IF WATER DOES NOT COMPLETELY PERCOLATE INTO THE SOIL WITHIN 9 HOURS A DETERMINATION WILL BE MADE BY THE OWNER AS TO WHETHER OR NOT A DRAINAGE SYSTEM TO EACH TREE WILL BE REQUIRED.

B. WEED CONTROL:

1. MANUALLY REMOVE ALL EXISTING WEEDS AND GRASSES AND REMOVE FROM SITE.

2. APPLY 200 LBS/ACRE COMMERCIAL FERTILIZER TO ALL PLANTING AREAS. IRRIGATE 4 TIMES PER DAY DURING THE SUMMER SEASON AND 2 TIMES PER DAY DURING OTHER SEASONS FOR 3 WEEKS TO GERMINATE SEEDS.

3. DISCONTINUE IRRIGATION FOR 2 DAYS AND APPLY A NON-SELECTIVE CONTACT HERBICIDE, PER MANUFACTURER'S DIRECTION, TO ERADICATE GERMINATED WEEDS AND GRASSES. ALLOW HERBICIDE TO KILL WEEDS AND GRASSES. MANUALLY REMOVE WEEDS AND GRASSES FROM SITE. MINIMIZE SOIL DISTURBANCE ON SLOPED AREAS OF THE SITE.

4. IF WEEDS AND GRASSES STILL EXIST, IRRIGATE 4 OR 2 TIMES PER DAY, AS ABOVE, FOR 2 WEEKS OR UNTIL NEW GROWTH APPEARS. REAPPLY HERBICIDE PER MANUFACTURER'S DIRECTION. ALLOW HERBICIDE TO KILL WEEDS AND GRASSES.

MANUALLY REMOVE WEEDS AND GRASSES FROM THE SITE.

5. NO PRE-EMERGENT HERBICIDE SHALL BE USED IN LANDSCAPE AREAS TO BE SEEDED.

6. CONTRACTOR SHALL OBTAIN APPROVAL BY THE OWNER TO APPLY ANY HERBICIDE, INSECTICIDE, FUNGICIDE, OR OTHER CHEMICALS TO BE USED ON SITE. CONTRACTOR SHALL ABIDE BY ALL APPLICABLE GOVERNMENTAL STANDARDS REGULATING THE APPLICATION OF ANY CHEMICALS, AND SHALL FOLLOW ALL MANUFACTURER'S RECOMMENDATIONS. ALL WORKERS APPLYING SUCH CHEMICALS SHALL BE LICENSED IF REQUIRED BY LAW.

C. DELIVERY AND STORAGE:

1. CONTRACTOR SHALL DELIVER SOIL AMENDMENTS TO THE SITE IN THE ORIGINAL UN-OPENED CONTAINERS, BEARING THE

MANUFACTURER'S GUARANTEED CHEMICAL ANALYSIS, NAME, TRADE NAME OR TRADEMARK, AND STATEMENT INDICATING CONFORMANCE TO STATE AND FEDERAL LAW. IN LIEU OF CONTAINERS, SOIL AMENDMENTS MAY BE FURNISHED IN BULK. A CERTIFICATE INDICATING THE ABOVE INFORMATION SHALL ACCOMPANY EACH DELIVERY.

2. CONTRACTOR SHALL ARRANGE FOR OWNER'S REPRESENTATIVE TO CERTIFY ALL UN-OPENED FERTILIZER PACKAGES ON SITE.

FERTILIZER PACKAGES SHALL NOT BE REMOVED FROM SITE UNTIL AFTER INCORPORATION INTO SOIL AS PER SPECIFICATIONS, AND ONLY WHEN DIRECTED BY OWNER'S REPRESENTATIVE.

3. CONTRACTOR SHALL STORE AND PROTECT PLANTS NOT INSTALLED ON THE DAY OF ARRIVAL AT THE SITE.

D. SOIL PREPARATION:

THE CONTRACTOR SHALL HAVE OBTAINED RESULTS FROM SOIL TESTING TO DETERMINE IF SOIL IS TO BE IMPORTED OR IF ON SITE SOIL WILL BE AMENDED. FINISH GRADING, MOUNDING, SOILS TESTING AND WEED CONTROL SHALL BE COMPLETED PRIOR TO SOIL PREPARATION.

1. IMPORT TOP SOIL:

A. SPREAD TOPSOIL 2" DEEP EVENLY OVER ALL LAWN AND SHRUB AREAS WITH A GRADIENT OF 3:1 OR LESS.

B. LIGHTLY WATER TOPSOIL UNTIL ENTIRE LAYER IS MOIST.

C. ROLL TOPSOIL WITH WATER BALLAST ROLLER FORMING AN EVEN GRADE, OBTAINING POSITIVE CONTACT BETWEEN TOPSOIL AND SITE SOIL.

D. CONTINUE SPREADING, WATERING AND ROLLING TOPSOIL UNTIL AN EVEN 6" LAYER MEASURED FROM EXISTING GRADE IS OBTAINED OVER ALL LAWN AND SHRUB AREAS WITH A GRADIENT OF 3:1 OR LESS.

2. AMENDING ON SITE SOIL (FOR TURF AND GROUNDCOVER AREAS WITH SLOPES OF 3:1 OR LESS):

A. CROSS-RIP ON GRADE PLANTING AREAS TO A DEPTH OF 10"-12" IN 2 DIRECTIONS.

B. APPLY PER 1,000 SQ. FT. OF PLANTING AREA. THESE RATES MAY BE ADJUSTED BY THE SOILS REPORT AND ARE FOR BIDDING PURPOSES ONLY:

ORGANIC AMENDMENT: 2 CU. YDS.

TRI-C HUMATE PLUS: 75 LBS.

TRI-C ENDO 120: 1 1/4 LBS.

COMMERCIAL FERTILIZER 6-20-20: 20 LBS.

SOIL SULFUR: 50 LBS.

AGRICULTURAL GYPSUM: 100 LBS.

C. BROADCAST THE ORGANIC SOIL AMENDMENTS UNIFORMLY OVER SURFACE OF THE AREA TO BE TREATED. INCORPORATE INTO THE SITE SOIL BY CULTIVATION, SPADING, OR ROTO-TILLING, TO A DEPTH OF 6" AND FINE GRADE TO SPECIFIED DEPTH BELOW ADJACENT PAVING AND CURBS. REMOVE FROM ALL PLANTING AREAS, ROCKS AND DEBRIS LARGER THAN 1" AND REMOVE FROM THE SITE. CLEAN MINERAL AND AMENDMENT STAINS FROM PAVING.

D. MOISTURE CONTENT: THE SOIL SHALL NOT BE WORKED WHEN THE MOISTURE CONTENT IS SO GREAT THAT EXCESSIVE COMPACTION WILL OCCUR, AND NOT WHEN IT IS SO DRY THAT DUST WILL FORM IN THE AIR. WATER SHALL BE APPLIED, IF NECESSARY, TO PROVIDE IDEAL MOISTURE CONDITIONS.

3. BACKFILL MIX:

A. STANDARD BACKFILL MIX: USE IMPORT TOPSOIL, OR ON SITE SOIL BASED ON THE SOILS REPORT. THIS MIX MAY BE ADJUSTED BY THE SOILS REPORT AND IS FOR BIDDING PURPOSES ONLY. BLEND PER CUBIC YARD:

TOPSOIL/IMPORT SOIL: 3 PARTS BY VOLUME
ORGANIC AMENDMENT: 1 PART BY VOLUME
TRI-C HUMATE PLUS: 6 LBS.

TRI-C IRON W/ MICRONUTRIENTS: 2 LBS.

AGRICULTURAL GYPSUM: 5 LBS.

COMMERCIAL FERTILIZER 6-20-20: 2 LBS.

B. ACID LOVING PLANT MIX: USE IMPORT TOPSOIL, STOCKPILE TOPSOIL, OR ON SITE SOIL, BASED ON THE SOILS REPORT.

THIS MIX MAY BE ADJUSTED BY THE SOILS REPORT AND IS FOR BIDDING PURPOSES ONLY. SEE PLAN FOR INDICATION OF ACID LOVING PLANT MATERIAL. BLEND PER CUBIC YARD:

TOPSOIL/IMPORT SOIL: 4 PARTS BY VOLUME
NITROLIZED ORGANIC AMENDMENT: 3 PARTS BY VOLUME
COMPOSTED LEAF MOLD: 3 PARTS BY VOLUME
TRI-C HUMATE PLUS: 4 LBS.

TRI-C IRON W/ MICRONUTRIENTS: 2 LBS.

AGRICULTURAL GYPSUM: 5 LBS.

COMMERCIAL FERTILIZER 6-20-20: 2 LBS.

4. RAISED PLANTER BACKFILL:

A. INSTALL BACKFILL ONLY AFTER WATERPROOFING, DRAIN LINES, IRRIGATION LINES, AND ELECTRICAL WIRES HAVE BEEN INSTALLED.

B. CUT AND PLACE FILTER BLANKET WITH FABRIC TOWARD BACKFILL, FITTING TIGHTLY TO THE EDGES OF THE PLANTER.

OVERLAP JOINTS BY 3" MINIMUM.

C. PROVIDE ONSITE OR APPROVED IMPORTED TOP SOIL, AS NECESSARY FOR RAISED PLANTERS AND BRING SOIL UP TO REQUIRED FINISH GRADES.

D. PLACE RAISED PLANTER BACKFILL IN ALL RAISED PLANTERS IN 2" LIFTS.

E. LIGHTLY WATER AND HAND TAMP RAISED PLANTER BACKFILL FORMING AN EVEN LAYER.

F. CONTINUE PLACING, WATERING AND HAND TAMPING UNTIL RAISED PLANTER BACKFILL FORMS AN EVEN LAYER AT THE SPECIFIED DEPTH BELOW THE TOP OF THE PLANTER.

E. FINISH GRADING:

1. PRIOR TO THE COMMENCEMENT OF PLANTING OPERATIONS, COMPLETE FINISH GRADING AS SPECIFIED.

2. WHEN PRELIMINARY GRADING, INCLUDING WEEDING AND FERTILIZING HAS BEEN COMPLETED, AND THE SOIL HAS DRIED

SUFFICIENTLY TO BE READILY WORKED, PLANTING AREAS SHALL BE GRADED TO UNIFORM LEVELS OR SLOPES AT A MINIMUM OF 2%. MINOR ADJUSTMENTS TO FINISH GRADES SHALL BE MADE IN THE DIRECTION OF THE FLOW. LOW SPOTS AND POCKETS SHALL BE GRADED TO DRAIN PROPERLY. GRADING SHALL BE DONE WHEN SOIL IS AT OPTIMUM MOISTURE CONTENT FOR WORKING. ROCK AND DEBRIS MORE THAN 1" IN DIAMETER SHALL BE REMOVED FROM THE SITE.

3. LAWN BEDS SHALL BE RAKED LIGHTLY TO AN EVEN SURFACE, REMOVING ANY FOREIGN MATERIALS. CARE SHALL BE TAKEN NOT TO CHANGE THE DRAINAGE PATTERN. THE LAWN BED SHALL BE INSPECTED BY THE OWNER'S REPRESENTATIVE TO DETERMINE THE SUITABILITY FOR PLANTING PRIOR TO INSTALLATION OF SEED OR SOD.

F. PLANTING

1. TREES, SHRUBS AND VINES:

A. THE OWNER'S REPRESENTATIVE SHALL APPROVE THE PLACEMENT OF ALL PLANT MATERIAL BEFORE PLANTING PITS ARE EXCAVATED: THE CONTRACTOR SHALL LAYOUT PLANT LOCATIONS FOR SHRUBS AND VINES, OR PLACE SPECIFIED QUANTITIES OF PLANTS IN CONTAINERS AT LOCATIONS SHOWN ON PLANS. CONTRACTOR SHALL LOCATE TREES 24" BOX AND SMALLER WITH MARKER STAKES. CONTRACTOR SHALL LOCATE TREES 30" AND LARGER WITH MARKER STAKES, AND FLAG THE NORTH SIDE OF EACH TREE. CONTRACTOR SHALL HAVE ALL PLANT MATERIAL LOCATED PRIOR TO THE SITE VISIT BY THE OWNER'S REPRESENTATIVE.

B. PLANT MATERIALS AS SOON AS SITE IS AVAILABLE AND WEATHER CONDITIONS ARE SUITABLE FOR PERFORMANCE AND THE SEQUENCE OF THE SPECIFICATIONS. DO NOT PLANT IF THE SOIL IS EXCESSIVELY WET.

C. EXCAVATE PLANT PITS 2 TIMES WIDER THAN THE PLANT CONTAINER. EDGES SHALL BE 6" OR MORE AWAY FROM CURBS AND PAVING.

D. SET PLANTS IN CENTER OF PITS, IN VERTICAL POSITION SO THAT CROWN OF PLANT IS 1" ABOVE ADJACENT FINISH GRADE.

BACKFILL PLANT PIT WITH BACKFILL MIX TO 1/2 THE HEIGHT OF THE ROOT BALL AND WATER.

1. SCOPE:

PROVIDE LABOR, MATERIALS, TOOLS, PERMITS, TAXES AND ALL OTHER COSTS CONSIDERED AS NECESSARY TO COMPLETE PLANTING WORK AS INDICATED AND SPECIFIED WITHIN THESE PLANS BY DELORENZO INTERNATIONAL. THE INSTALLATION SHALL BE COMPLETE IN EVERYRESPECT TO THE SATISFACTION OF THE OWNER.

2. GENERAL CONDITIONS:

A. THE CONTRACTOR SHALL BE LICENSED OR CERTIFIED BY THE STATE OF CALIFORNIA, FOR THE TYPE OF WORK SHOWN ON THE PLANS.

B. THE CONTRACTOR SHALL CARRY ALL NECESSARY COMPENSATION AND LIABILITY INSURANCE TO COVER HIS WORKERS AND

INSTALLATION SO AS TO OFFER FULL PROTECTION TO THE OWNER FROM ANY POSSIBLE DAMAGE SUIT OR LIEN ON THE OWNER'S PROPERTY.

C. LOCAL, MUNICIPAL AND STATE CODES, LAWS, RULES AND REGULATIONS GOVERNING OR RELATING TO ANY PORTION OF THIS WORK ARE HEREBY MADE A PART OF THESE PLANS AND SPECIFICATIONS.

D. THE PLANTING DESIGN AS INDICATED ON THE PLANS IS DIAGRAMMATIC. SCALED DIMENSIONS ARE APPROXIMATE. VERIFY ALL SITE DIMENSIONS PRIOR TO PROCEEDING WITH THE WORK.

E. DO NOT PROCEED WITH ANY WORK SHOULD THERE BE ANY UNKNOWN OBSTRUCTIONS, GRADE DIFFERENCES OR DISCREPANCIES FOUND ON THE SITE OR ANY DISCREPANCIES WITHIN THE PLANS. IMMEDIATELY BRING DISCREPANCIES TO THE ATTENTION OF THE OWNER'S REPRESENTATIVE. IF NOTIFICATION IS NOT PERFORMED THE CONTRACTOR SHALL ASSUME FULL RESPONSIBILITY FOR NECESSARY REVISIONS.

F. THE CONTRACTOR SHALL NOTE ALL EXISTING FINISH GRADES PRIOR TO COMMENCING WORK. RESTORE FINISH GRADES CHANGED DURING THE COURSE OF THE WORK TO ORIGINAL CONTOURS OR INTENDED CONTOURS WHERE PRACTICAL.

G. UPON AWARD OF THE CONTRACT, THE CONTRACTOR SHALL IMMEDIATELY LOCATE, ORDER AND PURCHASE, OR HAVE HELD, ALL SPECIFIED PLANT MATERIAL EXCLUDING PRE-SELECTED PLANT MATERIAL.

H. THE SITE SHALL BE KEPT CLEAN AND FREE OF EXCESS EQUIPMENT, MATERIALS, AND RUBBISH INCIDENTAL TO THE WORK DURING THE CONSTRUCTION AND MAINTENANCE PERIOD.

I. THE OWNER'S REPRESENTATIVE SHALL HAVE THE RIGHT TO MAKE MINOR CHANGES IN THE PLANTING DESIGN AND INSTALLATION AT NO ADDITIONAL CHARGE.

J. PRIOR TO EXCAVATION FOR PLANTING, OR PLACING OF STAKES; LOCATE UTILITIES, ELECTRIC CABLES, CONDUITS, SPRINKLER

LINES, HEADS, VALVES, AND VALVE CONTROL WIRES, SO THAT PROPER PRECAUTIONS MAY BE TAKEN NOT TO DAMAGE SUCH IMPROVEMENTS. IN THE EVENT OF A CONFLICT BETWEEN SUCH LINES AND PLANT LOCATIONS, PROMPTLY NOTIFY THE LANDSCAPE ARCHITECT TO ARRANGE FOR RELOCATION OF ONE OR THE OTHER. FAILURE TO FOLLOW THIS PROCEDURE PLACES

THE RESPONSIBILITY ON THE CONTRACTOR FOR MAKING REPAIRS AT HIS EXPENSE FOR DAMAGES RESULTING FROM WORK HEREUNDER.

K. NOTIFY LANDSCAPE ARCHITECT IN WRITING OF SOIL OR DRAINAGE CONDITIONS ENCOUNTERED DURING PLANTING OPERATIONS WHICH ARE DETRIMENTAL TO GROWTH OF PLANT MATERIAL.

3. SUBMITTALS:

A. SOILS ANALYSIS:

1. AGRICULTURAL SUITABILITY TEST REPORT FOR ON SITE SOIL AND ON SITE TOPSOIL.

A. THE CONTRACTOR SHALL SUBMIT A REPORT TO THE OWNER'S REPRESENTATIVE PRIOR TO ORDERING SOIL AMENDMENTS OR PLANT MATERIALS.

B. VERIFY WITH LANDSCAPE ARCHITECT THE QUANTITY OF SAMPLES TO BE TAKEN (1 MINIMUM, 3 MAXIMUM BASED ON SIZE OF PROJECT).

C. EACH SAMPLE SHALL BE COMPRISED OF SITE SOIL FROM TWO LOCATIONS APPROXIMATELY 20'-50' APART TAKEN AT A DEPTH OF 6" TO 12", WITHIN PROPOSED PLANTING AREAS, AFTER COMPLETION OF GRADING AND PRIOR TO WEED CONTROL AND SOIL PREPARATION.

D. SUBMIT SAMPLES TO 'SOIL AND PLANT LABORATORY', 1594 NORTH MAIN STREET, ORANGE CA, 92667, FOR SOIL EVALUATION.

E. REQUEST TESTING FOR AGRICULTURAL FERTILITY AND SUITABILITY WITH APPROPRIATE TRI-C PRODUCTS (TRI-C ENTERPRISES (800) 927-3311) AND WRITTEN RECOMMENDATIONS FOR SOILS AMENDMENT, HYDROSPRAY, SOD LAWN, SEED LAWN, ACID LOVING PLANTS, AND POST-MAINTENANCE FERTILIZATION PROGRAMS.

F. SUBMIT COPIES OF THE REPORT TO THE LANDSCAPE ARCHITECT AND OWNER'S REPRESENTATIVE.

G. SOILS REPORT RECOMMENDATIONS SHALL TAKE PRECEDENCE OVER THE AMENDMENT AND FERTILIZER RATES SPECIFIED IN THESE PLANS.

2. IMPORT TOPSOIL:

THE CONTRACTOR SHALL HAVE OBTAINED RESULTS FROM SOIL TESTING TO DETERMINE IF SOIL IS TO BE IMPORTED, OR IF ON SITE SOIL WILL BE AMENDED.

A. FURNISH THE SOURCE OF IMPORTED TOPSOIL TO THE OWNER'S REPRESENTATIVE FOR APPROVAL. SUBMIT TEST RESULTS AND SCHEDULE OF RECOMMENDED SOIL AMENDMENT ADJUSTMENTS TO OWNER'S REPRESENTATIVE FOR APPROVAL.

B. PLANT MATERIALS:

1. SUBMIT 3"X5" OR 4"X6" COLOR PRINT PHOTOGRAPHS 90 DAYS PRIOR TO INSTALLATION TO THE LANDSCAPE ARCHITECT AND OWNER'S REPRESENTATIVE OF EACH SPECIFIED TREE, SHRUB, AND GROUNDCOVER TAKEN AT THEIR SOURCES FOR APPROVAL.

THE PHOTOS SHALL BE OF THE PLANT MATERIAL TO BE DELIVERED TO THE JOBSITE. ALL PLANT MATERIAL DELIVERED SHALL BE OF EQUAL OR BETTER QUALITY AS THE PHOTO GIVEN AS A REPRESENTATIVE SAMPLE.

2. IF ANY PLANT MATERIAL SPECIFIED IS NOT OBTAINABLE, SUBMIT A WRITTEN SUBSTITUTION REQUEST TO THE LANDSCAPE ARCHITECT DURING THE BIDDING PERIOD.

C. WRITTEN GUARANTEE:

1. ALL TREES SHALL BE GUARANTEED, IN WRITING, TO LIVE IN A HEALTHY CONDITION FOR 1 YEAR FOLLOWING THE DATE OF COMPLETION OF THE SPECIFIED MAINTENANCE PERIOD. THIS DATE SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE AT THE TIME OF THE FINAL MAINTENANCE WALKTHROUGH.

2. ALL PALM TREES SHALL BE GUARANTEED, IN WRITING, TO LIVE IN A HEALTHY CONDITION FOR 2 YEARS FOLLOWING THE DATE OF COMPLETION OF THE SPECIFIED MAINTENANCE PERIOD. THIS DATE SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE AT THE TIME OF THE FINAL MAINTENANCE WALKTHROUGH.

3. REPLACE DEAD, DAMAGED, OR UNHEALTHY TREES, PER THE ORIGINAL DETAILS IMMEDIATELY UPON NOTIFICATION BY THE OWNER'S REPRESENTATIVE. (THIS WILL BE AT NO COST TO THE OWNER.) REPLACEMENT TREES SHALL MEET THE SAME SPECIFICATIONS AS THE ORIGINAL TREES. REPLACEMENT TREES SHALL BE GUARANTEED FOR 1 YEAR, 2 YEARS FOR PALM TREES, FOLLOWING THEIR INSTALLATION AS DETERMINED BY THE OWNER'S REPRESENTATIVE.

4. ALL SHRUBS, VINES AND GROUNDCOVER SHALL BE GUARANTEED FOR THE LENGTH OF THE MAINTENANCE PERIOD.

D. STATEMENTS OF CONFIRMATION:

THE CONTRACTOR SHALL SUBMIT TO THE OWNER'S REPRESENTATIVE, THE FOLLOWING ITEMS:

1. SUBMIT, AT THE TIME OF DELIVERY, ORIGINAL INVOICE STATEMENTS FOR ORGANIC AMENDMENTS AND FERTILIZERS CERTIFYING DELIVERY TO THE SITE AND QUANTITIES BY BULK AND/OR WEIGHT.

2. SUBMIT SUPPLIER'S STATEMENTS OF CONFIRMATION RECORDING COMPLIANCE OF ORGANIC AMENDMENTS AND FERTILIZERS WITH THESE SPECIFICATIONS.

3. SUBMIT ORIGINAL RECEIPTS AND/OR CERTIFICATES FOR THE FOLLOWING ITEMS UPON DELIVERY TO THE JOB SITE:

A. QUANTITY OF TRI-C (TRI-C ENTERPRISES (800) 927-3311) FERTILIZER AND ORGANIC AMENDMENTS.

B. QUANTITY OF SOIL AMENDMENTS.

C. QUANTITY OF TRI-C ENDO 120 MYCORRHIZAL INOCULUM.

D. QUANTITY OF SEED.

E. QUANTITY OF OTHER SOIL ADDITIVES PER AGRONOMIC SOILS TEST REPORT.

4. SUBMIT WRITTEN CERTIFICATE OF HYDROSEEDING.

5. SUBMIT WRITTEN CERTIFICATE OF DELIVERY OF CONTAINER OR BULK MATERIALS.

6. SUBMIT WRITTEN CERTIFICATE OF QUANTITY AND QUALITY OF PLANT MATERIALS.

4. MATERIALS:

A. GENERAL:

1. PROVIDE MATERIALS OF BEST QUALITY OBTAINABLE WHICH COMPLY WITH THE PLANS.

2. NO SUBSTITUTION OF SPECIFIED MATERIALS SHALL BE MADE WITHOUT WRITTEN APPROVAL OF THE OWNER'S REPRESENTATIVE.

B. IMPORT SOIL:

THE CONTRACTOR SHALL HAVE OBTAINED RESULTS FROM SOIL TESTING TO DETERMINE IF SOIL IS TO BE IMPORTED OR IF ON SITE SOIL WILL BE AMENDED.

1. IMPORT SOIL SHALL BE NATURAL FERTILE, FRIABLE SOIL FREE OF ROOTS, CLODS AND STONES LARGER THAT 1" IN DIAMETER, WEEDS, STICKS, BRUSH, OTHER LITTER, AND INFESTATION OF UNDESIRABLE INSECTS, AND PLANT PATHOGENS. SILT PLUS CLAY CONTENT OF SOIL SHALL NOT EXCEED 15% BY WEIGHT WITH A MINIMUM 95% PASSING THROUGH A 2.0 MILLIMETER SIEVE.

2. SALINITY: THE SATURATION EXTRACT CONDUCTIVITY SHALL NOT EXCEED 3.5 MILIMHOS/CM AT 25° C.

3. BORON: THE CONCENTRATION IN THE SATURATION EXTRACT SHALL NOT EXCEED 1.0 PPM.

4. SODIUM: THE SODIUM ABSORPTION RATIO (SAR) AS CALCULATED FROM ANALYSIS OF SATURATION EXTRACT SHALL NOT EXCEED 4.0 PPM.

5. SAMPLES OF THE IMPORT SOIL SHALL BE SUBMITTED TO THE 'SOIL AND PLANT LABORATORY' FOR ANALYSIS, INTERPRETATION, AND RECOMMENDATIONS. CONTRACTOR SHALL SUBMIT A SOILS REPORT FROM THE SPECIFIED LAB TO THE OWNER'S REPRESENTATIVE FOR APPROVAL PRIOR TO SOIL USE ON SITE.

C. RAISED PLANTER/POT MIX:

SUPER SOIL ROD MCLELLAN COMPANY
BANDINI #105 BANDINI FERTILIZER COMPANY
GOLD CUP BUTLER'S MILL INC. SAN DIEGO
D. RAISED PLANTER FILTER BLANKET:

ENKADRAIN, NO. 9010 AMERICAN EXCELSIOR COMPANY
E. WEED CONTROL:

1. PRE-PLANTING HERBICIDE: ROUNDUP OR EQUAL.

2. PRE-EMERGENT WEED CONTROL: RONSTAR-G, TREFLAN, EPTAM, VEGITEX, OR EQUAL.

F. ORGANIC AMENDMENTS:

DERIVED FROM WOOD OR BARK, GRANULAR IN NATURE, STABILIZED WITH NITROGEN, FORTIFIED WITH MINERALS AND HAVING THE FOLLOWING PROPERTIES:

1. PARTICLE SIZE:

A. MINIMUM 95% PASSING A 4 MESH SCREEN.

B. MINIMUM 80% PASSING AN 8 MESH SCREEN.

2. NITROGEN CONTENT: (ALL VALUES BASED ON DRY WEIGHT) 0.5% FOR REDWOOD SAWDUST, 0.7% FOR FIR SAWDUST, 1.0% FOR CEDAR SAWDUST, 1.0% FOR FIR OR PINE BARK. PINE SAWDUST IS NOT ACCEPTABLE.

3. SALINITY: CONDUCTIVITY 3.5 MILLIMHOS/CM AT 25°C OR LESS AS DETERMINED IN SATURATION EXTRACT CONDUCTIVITY.

4. ORGANIC CONTENT: MINIMUM 90% BY WEIGHT.

G. FERTILIZERS AND MINERALS:

1. PROVIDE COMMERCIAL FERTILIZER: UNIFORM IN COMPOSITION, FREE-FLOWING, SUITABLE FOR APPLICATION WITH

APPROVED EQUIPMENT, DELIVERED TO THE SITE IN UN-OPENED CONTAINERS, EACH FULLY LABELED ACCORDING TO APPLICABLE FERTILIZER LAWS, AND BEARING THE NAME OR MARK OF THE MANUFACTURER.

TRI-C (TRI-C ENTERPRISES (800) 927-3311) FERTILIZER AND ORGANIC SOIL AMENDMENTS:

A. SOIL PREPARATION *
B. HYDROSPRAY *
C. WEED CONTROL *
D. SOD LAWN *
E. SEED LAWN *
F. MAINTENANCE *
* TRI-C FERTILIZER AND ORGANIC SOIL AMENDMENT TYPE SHALL BE BASED ON RECOMMENDATION GIVEN IN THE SOILS ANALYSIS BY 'SOIL AND PLANT LABORATORY'.

2. SOIL SULFUR: FIRST QUALITY COMMERCIAL GRADE. 95% MINIMUM ELEMENTAL SULFUR.

3. IRON SULFATE [(FE2 (SO4)]: FIRST QUALITY COMMERCIAL GRADE 20% MINIMUM FE, AS METALLIC.

4. AGRICULTURAL GYPSUM (CALCIUM SULFATE, CA SO4 2HO): FIRST QUALITY COMMERCIAL GRADE, 23% CA.

5. CALCIUM CARBONATE LIME: FIRST QUALITY COMMERCIAL LIME.

6. PLANTING PACKS: "BEST-PAKS" 10 GRAM PACKETS WITH A 20-10-5 GRADE AS MANUFACTURED BY SIMPLOT TURF AND HORTICULTURE (800) 992-6066.

7. MYCORRHIZAL INOCULUM IN PACKETS: "MYCO PAK" AS MANUFACTURED BY TRI-C ENTERPRISES (800) 927-3311.

LANDSCAPE PLANTING SPECIFICATIONS

PLANTING SPECIFICATIONS

BUENA VISTA PARK
FOR PLANTING PLAN, SEE SHEET LP01-LP03.

FOR PLANTING LEGEND, SEE SHEET LP01.

FOR PLANTING DETAILS, SEE SHEET LP04.

FOR PLANTING SPECIFICATIONS SEE SHEET
LP05-LP06.

11.a
Packet Pg. 228 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid)

AS SHOWN
DATE: , 2023
SURVEYED BY:

JOB. No.:

DRAWN BY:

REV. BY:

SCALE:

SHEET OF 24
022-0025
N/A
SM
DT
JUNE 27
3954 Murphy Canyon Rd. Suite D206
San Diego, CA 92123
858.430.6155

LANDSCAPE

BUENA VISTA PARK
DLI JOB. No.: 21-034
7-31-24 Renewal Date Date
Signature
Dav id Al lan Tay lor , Jr . - L i c . #4819

L I CENSED LANDSCAPE ARCH I TECT

STAT E OF CA L I FORN I A
6-16-23
FOR PLANTING PLAN, SEE SHEET LP01-LP03.

FOR PLANTING LEGEND, SEE SHEET LP01.

FOR PLANTING DETAILS, SEE SHEET LP04.

FOR PLANTING SPECIFICATIONS SEE SHEET
LP05-LP06.

I. DISEASE CONTROL:

PALM FRONDS SHALL BE SPRAYED WITH A BENLATE(R) AND WATER DRENCH (OR AN EQUAL APPROVED BY THE PALM SPECIALIST), PRIOR TO LOADING OF TREES FOR TRANSPORT.

J. LOADING OF PALMS:

PALMS SHALL BE LOADED WITH HYDRAULIC OR CONVENTIONAL CRANES. FRONT LOADERS, FORK LIFTS, OR TRACTORS SHALL NOT LOAD OR UNLOAD ANY PALM OVER 8' OF BROWN TRUNK. CONSIDERATION SHALL BE GIVEN IN THE SELECTION OF AN ADEQUATELY LARGE CRANE TO FACILITATE LOADING, UNLOADING AND SETTING. THIS

CONSIDERATION SHALL VARY BASED ON ANY GIVEN SITE SITUATION, AND IS SOLELY THE LIABILITY AND RESPONSIBILITY OF THE CONTRACTOR AND HIS SUBCONTRACTORS.

MINIMIZE THE LIFTING OR HANDLING OF PALMS BY THE TRUNK. NEVER BIND OR HANDLE THE PALMS WITH WIRES, CHAINS, OR ROPE. USE ONLY A WIDE-BANDED NYLON SLING WHEN MOVING OR LIFTING THE PALMS. CRANE OPERATOR

AND SLING-SETTER MUST OBSERVE THAT THE HEADS ARE NOT CAUGHT, PULLED ON, BANGED INTO, OR SHAKEN, WHICH CAN DAMAGE THE BUD. MINIMIZE ANY MOVEMENT OF THE PALMS DURING TRANSPORT THAT MIGHT JAR OR DAMAGE THE APICAL MERISTEM (GROWING POINT). PAD ANY CONTACT OF THE TRUNK TO BRACES WHEN TRANSPORTING THE PALMS. RIGGING SHALL BE SITUATED TO AVOID ANY POSSIBLE SCARS OR UNSIGHTLY ABRASIONS THAT MAY BE CAUSED BY THE LOADING AND UNLOADING PHASE OF WORK.

WATER PALMS THOROUGHLY BEFORE LOADING. DO NOT APPLY ANTI-TRANSPIRANTS TO THE LEAVES. AFTER

LOADING THE PALMS, COVER THE LEAVES AND TRUNK WITH DENSE SHADE CLOTH, OR OTHER WOVEN MATERIAL, TO MINIMIZE WIND DAMAGE. IF TRANSPORT REQUIRES OVER 6 HOURS, THE TRUCK DRIVER WILL SYRINGE THE LEAVES AND BOXES AT 4 HOUR INTERVALS. PROTECTION OF PALMS DURING TRANSPORT AND STORAGE SHALL BE CONTRACTOR'S RESPONSIBILITY.

K. TRANSPORTING OF PALMS:

TRUCKS HAULING PALMS ON STATE HIGHWAYS SHALL MEET ALL LICENSING REQUIREMENTS, ABIDE BY REGULATIONS

GOVERNING ANY PARTICULAR REGION WHERE WORK IS BEING PERFORMED, INCLUDING, BUT NOT LIMITED TO, OVERLOAD PERMITS, OVERLENGTH PERMITS, AND WIDE LOAD PERMITS, WHEN TRANSPORTING ANY CARGO. 'TRIPLE STACKING' OF ANY PALMS IS NOT ACCEPTABLE WHEN TRANSPORTING PALMS ANYWHERE, IN ANY STATE. TRUCK LOADS

SHALL, AS A MATTER OF COURSE, CONFORM TO THE HIGHEST STANDARDS AND SHALL BE ACCEPTABLE TO THE LANDSCAPE ARCHITECT OR HIS REPRESENTATIVE.

L. UNLOADING OF PALMS:

PALMS SHOULD BE CAREFULLY LIFTED OFF TRUCK USING A WIDE-BANDED NYLON SLING. CRANE OPERATOR AND

SLING-SETTER MUST OBSERVE THAT THE HEADS ARE NOT CAUGHT, PULLED ON, BANGED INTO, OR SHAKEN, WHICH CAN DAMAGE THE BUD.

PALMS SHALL BE PLANTED WITHIN 1 DAY OF DELIVERY. CONTRACTOR SHALL OBTAIN APPROVAL FROM THE OWNER OR THE LANDSCAPE ARCHITECT IF PALMS ARE NOT TO BE PLANTED WITHIN 1 DAY OF DELIVERY. UPON DELIVERY, WET THE ROOT BALLS AND SYRINGE THE LEAVES.

M. PALM PLANTING REQUIREMENTS:

FOR BALLED AND BURLAPPED PALMS, BACKFILL MIX SHALL BE COMPRISED OF 100% WASHED PLASTER OR CONCRETE SAND.

FOR BOXED PALMS, BACKFILL MIX SHALL BE COMPRISED OF 50% WASHED PLASTER OR CONCRETE SAND, AND 50% ON SITE SOIL.

WASHED PLASTER OR CONCRETE SAND SHALL HAVE VARIABLE SIZED GRAINS, WITH A MINIMUM OF 95% PASSING THE

2.0 MILLIMETER SIEVE, BUT NO MORE THAN 5-8% PASSING THE #200 SIEVE. THE SODIUM ABSORPTION RATIO (SAR) SHALL NOT EXCEED 6 AND THE ELECTRICAL CONDUCTIVITY (ECE) OF THE SATURATION EXTRACT OF THIS SOIL SHALL NOT EXCEED

3.0 MILLIMHOS PER CENTIMETER AT 25°C. THE BORON CONTENT OF THE BACKFILL SHALL BE NO GREATER THAN 1 PPM, AS MEASURED ON THE SATURATION EXTRACT. IN ORDER TO INSURE CONFORMANCE, SAMPLES OF THE IMPORT SAND SHALL BE SUBMITTED TO 'SOIL AND PLANT LABORATORY', 1594 NORTH MAIN STREET, ORANGE CA, 92667, FOR ANALYSIS PRIOR TO BACKFILLING. RESULTS OF THESE TESTS SHOULD BE PROVIDED BY THE CONTRACTOR TO THE LANDSCAPE ARCHITECT PRIOR TO PLANTING THE PALMS.

SEVERAL DAYS BEFORE THE ARRIVAL OF THE PALMS, PREPARE THE PLANTING SITE. ADEQUATE MEASURES MUST BE TAKEN IN ORDER TO PROVIDE PERFECT DRAINAGE OF THE PALM PLANTING HOLES (SEE PALM PLANTING DETAIL). PLANTING PITS FOR PALM TREES SHALL BE A MINIMUM OF 12" GREATER THAN ANY SIDE OF THE ROOT BALL. TREES SHALL BE PLANTED PERPENDICULAR AND PLUMBED WITH THE APPROVAL OF THE LANDSCAPE ARCHITECT AFTER PLANTING. THE BACKFILL SHALL BE APPLIED IN LAYERS, WHILE WORKING OUT ANY AIR POCKETS, AND JETTED WITH WATER. A 6' SECTION OF PVC PIPE ATTACHED TO A HIGH PRESSURE HOSE SHALL BE USED TO OBTAIN AT LEAST 80% COMPACTION IN THE PLANTING PITS OF ALL PALM TREES. 80% COMPACTION MAY BE ACHIEVED WITH THE ASSISTANCE OF WATER AND PNEUMATIC TAMPERS.

WHEN THE HOLE IS FILLED ALMOST TO GRADE, WATER IN THE BACKFILL WITH AT LEAST 10-15 GALLONS OF SUBDUE AND CLEARY'S 3336 (MIXED AT THE RECOMMENDED RATE) AND THEN IRRIGATION WATER IF MORE IS NECESSARY. PHOENIX PALMS REQUIRE 15 GALLONS OF THIS MATERIAL, ALL OTHER PALMS REQUIRE 10 GALLONS. ANY ADJUSTMENTS NECESSARY TO STRAIGHTEN PALMS DUE TO POOR COMPACTING SHALL BE MADE BY THE CONTRACTOR WITHIN 12 MONTHS AFTER FINAL ACCEPTANCE OF THE PROJECT AT NO CHARGE TO THE OWNER. ALL PALM FRONDS SHALL BE UNTIED BY THE CONTRACTOR WHEN IT IS DETERMINED THAT SUCH ACTION WILL NOT BE DETRIMENTAL TO THE HEALTH OF THE PALMS.

ALL EXCESS SOIL AND DEBRIS FROM THE PALM PLANTINGS SHALL BE DISPOSED OF OFF THE SITE BY CONTRACTOR.

THE SITE SHALL BE LEFT NEAT AND CLEAN TO THE SATISFACTION OF THE SITE COORDINATOR OR LANDSCAPE ARCHITECT.

N. FERTILIZATION OF PALMS:

DON'T APPLY ANY FERTILIZER FOR 6-8 WEEKS AFTER INSTALLATION. 6-8 WEEKS AFTER INSTALLATION REAPPLY THE SUBDUE AND CLEARY'S 3336 AND APPLY A "PALM SPECIAL" FERTILIZER AT 1/2 THE RATE RECOMMENDED FOR ESTABLISHED PALMS.

O. WARRANTY OF PALMS:

PALMS SHALL BE WARRANTEED BY THE CONTRACTOR TO REMAIN IN GOOD HEALTH AND ATTRACTIVE APPEARANCE FOR 24 MONTHS AFTER FINAL ACCEPTANCE OF THE LANDSCAPE IMPROVEMENTS. THE CONTRACTOR'S LIABILITY SHALL

INCLUDE, THE COST OF LABOR, EQUIPMENT AND MATERIALS TO REPLACE TREES OF SIMILAR SIZE AND ATTRACTIVE APPEARANCE DURING THE WARRANTY PERIOD.

P. FINAL INSPECTION/ACCEPTANCE PHOENIX CANARIENSIS ONLY:
90 DAYS PRIOR TO THE END OF THE WARRANTY PERIOD, ALL PALMS WILL BE INSPECTED BY A PALM SPECIALIST FOR FINAL ACCEPTANCE (CONTACT DR. HENRY DONSELMAN, (951) 698-4636).

4. HYDROSEEDING:

A. GRADING: FINE GRADE AREAS TO BE SEEDED TO A SMOOTH CONTINUAL GRADE, CONFORMING TO THE SPECIFIED DRAINAGE PATTERNS AND FINISH GRADES. REMOVE ROCKS AND CLODS LARGER THAN 1" IN LAWN AND SHRUB AREAS, AND 4" ON SLOPES 3:1 AND STEEPER.

B. EQUIPMENT: HYDROSEEDER SHALL HAVE A BUILT-IN AGITATION SYSTEM AND CAPACITY LARGE ENOUGH TO AGITATE, SUSPEND, AND HOMOGENEOUSLY BLEND A SLURRY CONTAINING 40 LBS. OF MULCH, AND 8 LBS. OF FERTILIZER SOLIDS FOR EACH 100 GALLONS OF WATER.

C. PREPARATION: FILL TANK TO 1/3 CAPACITY WITH WATER. IN THE ORDER LISTED, ADD FERTILIZER, BINDER (IF REQUIRED), SEED, THEN MULCH TO FORM A SLURRY BEFORE TANK REACHES 3/4 CAPACITY. SLURRY SHALL BE PREPARED ON SITE WITH APPLICATION COMMENCING IMMEDIATELY AFTER TANK IS FULL.

D. APPLICATION: MOISTEN SOIL PRIOR TO HYDROSEEDING. APPLY THE SLURRY ALLOWING WOOD FIBERS TO BUILD ON EACH OTHER UNTIL A UNIFORM COAT IS ACHIEVED AND MATERIAL IS SPREAD AT THE REQUIRED RATE PER ACRE. CLEAN OVER SPRAY FROM AREAS NOT DESIGNATED TO RECEIVE HYDROSEEDING.

E. WATERING: MAINTAIN PROPER SOIL MOISTURE LEVEL TO INSURE PROPER GERMINATION AND PLANT GROWTH UNTIL THE END OF THE MAINTENANCE PERIOD.

F. RE-SEEDING: RE-SEED BARE AREAS AS LONG AS NECESSARY TO OBTAIN FULL PLANT COVERAGE.

G. EROSION CONTROL, PER ACRE:

WOOD CELLULOSE FIBER 2,000 LBS.

TRI-C ORGANIC SOIL CONDITIONER / FERTILIZER 600 LBS.

TRI-C ENDO 120 GRANULAR MYCORRHIZAL INOCULUM 60 LBS
SOIL BINDER * 120 LBS.
* BETWEEN THE MONTHS OF NOVEMBER AND MARCH, ADD 120 LBS. PER ACRE, ECOLOGY CONTROL M-BINDER (PER MANUFACTURER'S RECOMMENDATIONS).

H. SEED LAWN, PER ACRE:

WOOD CELLULOSE FIBER 2,000 LBS.

TRI-C ORGANIC SOIL CONDITIONER / FERTILIZER 600 LBS.

SEED 435 LBS.

5. NON-IRRIGATED HYDROSEEDING:

A. CONTRACTOR SHALL CLEAR FLAT PAD AREAS FOR FUTURE USE OF ALL WEEDS AND DEBRIS PRIOR TO HYDROSEEDING.

B. CONTRACTOR SHALL HAND OR MACHINE BROADCAST BROMUS MOLLIS, AT THE RATE OF 50 LBS. PER ACRE ACROSS FLAT PAD AREAS. HYDROSEEDING SHALL OCCUR PRIOR TO THE FIRST RAINS OF THE SEASON, IN THE MONTHS OF OCTOBER THROUGH MARCH.

C. CONTRACTOR SHALL RAKE FLAT PAD AREAS WITH AN 8' SQUARE SECTION OF CHAIN LINK FENCING AFTER HYDROSEEDING.

6. SOD LAWN:

A. AMEND PLANTING AREA AS NOTED IN "SOIL PREPARATION" ABOVE.

B. FINE GRADE AREAS TO RECEIVE SOD TO A SMOOTH CONTINUAL GRADE CONFORMING TO THE GRADING AND DRAINAGE PLAN. REMOVE ROCKS AND CLODS LARGER THAN 1" IN DIAMETER.

C. SPREAD SPECIFIED COMMERCIAL FERTILIZER AT THE RATE OF 10 LBS. PER 1,000 SQ. FT.

D. MOISTEN SOIL PRIOR TO INSTALLATION OF SOD. SOD MUST BE INSTALLED THE SAME DAY IT IS DELIVERED TO THE SITE.

INSTALL SOD IN SECTIONS NO SMALLER THAN 1' SQ., LAID PARALLEL TO THE CONTOURS. STAGGER JOINTS BETWEEN ROLLS, AND BUTT ENDS TIGHT. SIFT SOIL INTO JOINTS TO FILL VOIDS.

E. ROLL WITH WATER BALLAST ROLLER TO OBTAIN POSITIVE CONTACT BETWEEN SOD AND SITE SOIL. WATER IMMEDIATELY AFTER INSTALLATION, AND KEEP WATERED TO A SOIL DEPTH OF 6" UNTIL SOD BEGINS TO ROOT INTO SITE SOIL.

G. MULCH:

1. SHRUB AND GROUNDCOVER AREAS EXCLUDING ANNUAL COLOR SHALL RECEIVE 2" OF MULCH, AS SPECIFIED UNDER MATERIALS.

2. SHRUB AND GROUNDCOVER AREAS EXCLUDING ANNUAL COLOR SHALL RECEIVE A 2" LAYER OF DECOMPOSED GRANITE MULCH, AS SPECIFIED UNDER MATERIALS. 2" DEPTH SHALL BE MEASURED AFTER COMPACTION. COMPACTION SHALL BE ACHIEVED THROUGH WETTING AND COMPACTION WITH A WATER BALLAST ROLLER.

H. ACCESSORIES:

1. TREE TIES: WHEN USED AT CONTRACTOR'S DISCRETION, INSTALL PER DETAIL.

2. TREE STAKES: WHEN USED AT CONTRACTOR'S DISCRETION, INSTALL PER DETAIL.

3. TREE TRUNK PROTECTORS: INSTALL TO PROTECT THE LOWEST 4" OF EXPOSED TRUNK.

4. GUY WIRES: WHEN USED AT CONTRACTOR'S DISCRETION, INSTALL PER DETAIL.

5. GUY WIRE HOSE: WHEN USED AT CONTRACTOR'S DISCRETION, INSTALL PER DETAIL.

6. ROOT BARRIER: INSTALL PER MANUFACTURER'S SPECIFICATIONS AT LENGTHS INDICATED ON PLANS ADJACENT TO HARDSCAPE TO CREATE A LINEAR PLANTING APPLICATION. DO NOT ENCIRCLE ROOT BALLS. VERTICAL 90 DEGREE ROOT DEFLECTING RIBS ARE ALWAYS FACING THE ROOT BALL.

I. MAINTENANCE:

1. MAINTAIN PROJECT FOR A PERIOD OF 90 CALENDAR DAYS, FOLLOWING THE CORRECTION AND/OR COMPLETION OF PRE-MAINTENANCE WALKTHROUGH PUNCH LIST ITEMS IDENTIFIED BY THE OWNER'S REPRESENTATIVE. MAINTENANCE PERIOD SHALL NOT COMMENCE UNTIL EVIDENCE OF OWNER'S REPRESENTATIVE'S SATISFACTION IS RECEIVED IN WRITING.

2. MAINTENANCE RESPONSIBILITIES SHALL INCLUDE BUT NOT BE LIMITED TO MOWING, TRIMMING, PRUNING, WATERING,

FERTILIZATION, WEED CONTROL, CULTIVATION, PEST CONTROL, LITTER CLEAN-UP, OPERATION/ADJUSTMENT AND REPAIR OF THE IRRIGATION SYSTEM.

3. THE CONTRACTOR SHALL MAKE WEEKLY (MINIMUM) VISITS TO THE SITE TO PERFORM MAINTENANCE RESPONSIBILITIES.

4. APPLY COMMERCIAL FERTILIZER AT THE RATE RECOMMENDED BY 'SOIL AND PLANT LAB', AS REQUIRED TO ESTABLISH THRIVING PLANTS.

5. PROTECT NEWLY PLANTED AREAS FROM FOOT TRAFFIC, VANDALISM, THEFT, BURROWING OR GRAZING ANIMALS, AND EROSION. REPAIR AND REPLANT DAMAGED AREA, REPLACE DEAD, DAMAGED, OR MISSING PLANTS.

6. COMPLETION OF MAINTENANCE PERIOD AND PLANT ESTABLISHMENT SHALL BE DETERMINED BY THE OWNER'S REPRESENTATIVE, IN WRITING, FOLLOWING A FINAL MAINTENANCE WALKTHROUGH.

J. CLEAN-UP:

E. PLANTING PACKETS: PLACE PER THE FOLLOWING SCHEDULE:
1 GAL. 1 10 GRAM PACKET
5 GAL. 3 10 GRAM PACKETS
15 GAL. - 24" BOX 9 10 GRAM PACKETS
30"BOX - 36" BOX 12 10 GRAM PACKETS
42"BOX - 48" BOX 15 10 GRAM PACKETS
54"BOX - 60" BOX 18 10 GRAM PACKETS
F. TRI-C MYCO PAKS (TEABAG): PLACE PER THE FOLLOWING SCHEDULE:
1 GAL. 1 PACKET
5 GAL. 2 PACKETS
15 GAL. - 24" BOX 8 PACKETS
30"BOX - 36" BOX 16 PACKETS
42"BOX - 48" BOX 20 PACKETS
54"BOX - 60" BOX 25 PACKETS
NOTE: THERE MUST BE DIRECT CONTACT BETWEEN PLANT'S ROOTS AND MYCO PAKS TO ENCOURAGE INOCULATION.

THEREFORE, PLACE PAKS EQUALLY AROUND ROOTBALL WHEN USING MORE THAN 1 PAK. REFER TO MANUFACTURER'S SPECIFICATIONS.

G. CONTINUE BACKFILLING AND FORM SHALLOW BASIN AROUND EACH EDGE OF ROOT BALL BY DEPRESSING SOIL SLIGHTLY BELOW FINISH GRADE. FORM BASIN RIMS, KEEPING RIM WITHIN OUTER EDGES OF ROOT BALL. WATER TO SATURATE ROOTS AND FINISH BACKFILL AROUND ROOT BALL.

H. FINE GRADE AREAS AROUND PLANTS TO SPECIFIED FINISH GRADE AND DISPOSE OF EXCESS SOIL.

I. PRUNE AND SHAPE ALL TREES, SHRUBS AND VINES, AS DIRECTED BY OWNER'S REPRESENTATIVE.

J. REMOVE STAKES AND ESPALIER RACKS AND SECURE VINES TO ADJACENT SURFACES AS FOLLOWS:

WOOD FENCES, FREE STANDING & RETAINING MASONRY WALLS: USE SCREW EYES OR METAL FASTENERS AND HEAVY DUTY CLEAR PLASTIC TIES (UNLESS OTHERWISE NOTED IN DETAILS).

BUILDING WALLS: USE PLASTIC FASTENERS SILICONED TO ADJACENT WALLS WITH HEAVY DUTY CLEAR PLASTIC TIES.

K. TREES SHALL BE PLANTED AT LEAST 5' FROM ANY DRIVEWAY, DRAINAGE FLOW LINE, FIRE HYDRANTS, UNDERGROUND UTILITIES SUCH AS SEWERS, WATERLINES, GAS LINES, AND BUILDINGS.

L. TREES SHALL BE PLANTED AT LEAST 25' FROM ANY STREET INTERSECTIONS, PEDESTRIAN CROSSWALKS, AND 10' FROM STREET LIGHT STANDARDS.

M. PLANTINGS SHALL NOT BE LOCATED SUCH THAT THEY WOULD CAUSE A LINE OF SIGHT PROBLEM FOR VEHICULAR TRAFFIC.

2. GROUNDCOVER AND ANNUALS:

A. AMEND PLANTING AREA AS NOTED IN "SOIL PREPARATION" ABOVE.

B. PLANT GROUNDCOVER/ANNUAL COLOR TO COVER THE DESIGNATED AREAS AT THE SPECIFIED ON CENTER SPACING.

C. ALL GROUNDCOVER/ANNUAL COLOR SHALL EXTEND UNDERNEATH ALL TREES AND SHRUBS IN PLANTING BEDS.

D. PLANT GROUNDCOVER/ANNUAL COLOR IN STRAIGHT ROWS, EVENLY SPACED USING TRIANGULAR SPACING UNLESS OTHERWISE NOTED ON PLANS.

E. INSTALL 1 - 10 GRAM FERTILIZER PACKET WITH EACH GROUNDCOVER PLANT.

F. MOISTEN SOIL BEFORE PLANTING. RETAIN SLIGHT DEPRESSION AROUND EACH PLANT, FINISH WITH NEAT AND UNIFORM FINISH GRADES.

G. HAND WATER IMMEDIATELY AFTER PLANTING. PLANTS SHALL NOT BE ALLOWED TO DRY OUT BEFORE, DURING, OR AFTER INSTALLATION. CONTINUE TO HAND WATER AS REQUIRED FOR 1 MONTH.

3. PALM TREES:

A. PALMS SHALL BE PROCURED FROM A STATE LICENSED NURSERY AND SHALL BE TRANSPLANTED USING THE BEST HORTICULTURAL PRACTICES.

B. HEALTH AND VIGOR: PALMS SHALL HAVE STRAIGHT TRUNKS AND POSSESS DARK GREEN FOLIAGE, SHOWING SIGNS OF CONTINUED GROWTH AND DEVELOPMENT OF THE APICAL MERISTEM. PALMS SHALL BE FREE OF INSECTS OR DISEASE AND SHALL BE SPRAYED AND MONITORED FOR PENICILLIUM VERMOESENI PRIOR TO DELIVERY TO THE SITE.

C. SPECIES SELECTION CRITERIA SHALL BE AS FOLLOWS:

1. SYAGRUS ROMANZOFFIANUM AND ARCHONTOPHOENIX CUNNINGHAMIANA:

THESE PALMS DO NOT REQUIRE PRIOR INSPECTION FOR DISEASES BY A PALM SPECIALIST. THESE PALMS SHALL BE

SELECTED TO MEET THE LANDSCAPE ARCHITECT'S CRITERIA FOR HEIGHT, GIRTH, AND OVERALL FORM (TO MEET THE DESIGN INTENT). THE CONTRACTOR IS SOLELY RESPONSIBLE FOR THE PALM'S HEALTH, VIGOR, AND FREEDOM FROM DISEASES AND INSECTS.

2. WASHINGTONIA ROBUSTA AND WASHINGTONIA FILIFERA:

THESE PALMS DO NOT REQUIRE PRIOR INSPECTION FOR DISEASES BY A PALM SPECIALIST. THESE PALMS SHALL BE

3. PHOENIX CANARIENSIS:

ALL PHOENIX CANARIENSIS WILL BE INSPECTED BY A QUALIFIED PALM SPECIALIST OR PALM PLANT PATHOLOGIST (DR.

HENRY DONSELMAN, (951) 698-4636), BEFORE THE PALMS ARE DUG AND MOVED TO THE PLANTING AREA OR HOLDING YARD. THEY MAY BE REJECTED IF THEY ARE FOUND TO HAVE BEEN PRUNED WITHIN 5 MONTHS PRIOR TO INSPECTION. INSPECTION WILL INCLUDE:

A. APPARENT FREEDOM FROM THE DISEASE FUSARIUM
B. NUTRITIONAL STATUS OF PALM
C. SCARRED OR STRESSED TRUNK
D. TRUNK CANKERS OR MECHANICAL WOUNDS TO PALM
E. FREEDOM FROM OTHER DISEASES OR INSECTS.

FINAL APPROVAL OF THE OVERALL APPEARANCE OF THE PHOENIX CANARIENSIS SHALL BE DETERMINED BY THE LANDSCAPE ARCHITECT. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR THE PALM'S HEALTH, VIGOR, AND FREEDOM FROM DISEASES AND INSECTS.

4. PHOENIX DACTYLIFERA AND PHOENIX RECLINATA:

THESE PALMS DO NOT REQUIRE PRIOR INSPECTION FOR DISEASES BY A PALM SPECIALIST. THESE PALMS SHALL BE

D. PALM SIZE DETERMINATION: PALM TREES SHALL BE ORDERED ACCORDING TO THE BROWN TRUNK HEIGHTS (BTH) SHOWN ON PLANS. BROWN TRUNK HEIGHTS FOR ALL PALMS SHALL BE MEASURED FROM THE SOIL LEVEL TO THE BASE OF THE EMERGING LEAVES. NO OTHER CRITERIA WILL BE ACCEPTED AS A BASIS FOR DETERMINATION OF BTH. IT IS THE

CONTRACTOR'S RESPONSIBILITY TO CONVEY THE INTENT OF THIS SPECIFICATION TO NURSERIES WHEN ORDERING PALMS TO INSURE THAT THEY MEET THIS CRITERIA.

E. ROOT BALL MINIMUM DIMENSIONS, FOR BALLED AND BURLAPPED PALM TREES, SHALL BE AS FOLLOWS:

1. SYAGRUS ROMANZOFFIANUM AND ARCHONTOPHOENIX CUNNINGHAMIANA:
- 8' TO 15' OF BROWN TRUNK - 3-1/2' CUBED
- 17' TO 25' OF BROWN TRUNK - 4' CUBED
- 26' TO 32' OF BROWN TRUNK - 4-1/2' CUBED
- 33' TO 38' OF BROWN TRUNK - 5' CUBED

2. WASHINGTONIA ROBUSTA:
- 10' TO 15' OF BROWN TRUNK - 3' CUBED
- 16' TO 20' OF BROWN TRUNK - 4' CUBED
- 21' TO 30' OF BROWN TRUNK - 4 - 1/2' CUBED
- 31' TO 40' OF BROWN TRUNK - 5 - 1/2' CUBED
- 40' TO 60' OF BROWN TRUNK - 6 - 1/2' CUBED

3. WASHINGTONIA FILIFERA:
- 15' TO 20' OF BROWN TRUNK - 3 - 1/2' CUBED
- 21' TO 25' OF BROWN TRUNK - 5' CUBED
- 26' TO 30' OF BROWN TRUNK - 5 - 1/2' CUBED
- 31' TO 35' OF BROWN TRUNK - 6' CUBED
- 36' TO 40' OF BROWN TRUNK - 7' CUBED

4. PHOENIX DACTYLIFERA:
- 8' TO 15' OF BROWN TRUNK - 3 - 1/2' CUBED
- 17' TO 25' OF BROWN TRUNK - 4' CUBED
- 26' TO 32' OF BROWN TRUNK - 4 - 1/2' CUBED
- 33' TO 38' OF BROWN TRUNK - 5' CUBED

5. PHOENIX CANARIENSIS:
- 12' TO 20' OF BROWN TRUNK - 5' CUBED
- 21' TO 25' OF BROWN TRUNK - 5 - 1/2' CUBED
- 26' TO 30' OF BROWN TRUNK - 6' CUBED
- 31' TO 35' OF BROWN TRUNK - 6 - 1/2' CUBED
- 36' TO 40' OF BROWN TRUNK - 7' CUBED
F. DIGGING REQUIREMENTS:

1. PALMS SHALL BE DUG BY EQUIPMENT LIMITED TO THE FOLLOWING:
- BACK HOE SUCH AS A CASE 580C, FORD 555.
- TRENCHER SUCH AS A DITCH WITCH RF40, ETC.
- BY HAND WITH HAND TOOLS.

2. NO TREES SHALL BE REMOVED FROM ANY GIVEN FIELD CONDITION WITHOUT EXCAVATING THE TREES AT THE

PROPERLY SPECIFIED ROOT BALL SIZE, OR BY ANY MEANS OF ANY OTHER TYPE OF EXCAVATION NOT OUTLINED IN THIS SECTION.

3. WHILE EXCAVATING, ROOT BALLS SHALL BE INTACT AND IN A RELATIVELY MOIST CONDITION. BURLAPPING OF THE ROOT MASS IS REQUIRED DURING TRANSPORT ON HAULS GREATER THAN 300 MILES OR ON ANY PALM PROCURED FROM A SANDY SOIL CONDITION. SHADE CLOTH OR SARAN CLOTH, 70% GRADE OR BETTER, SHALL BE WRAPPED AROUND THE CROWN AND FRONDS OF ALL PALM TREES, FOR LOADS TRAVELING GREATER THAN 300 MILES.

G. PRUNING PROCEDURE:

WITH THE USE OF HAND LOPPERS AND HAND PRUNING SAWS, 35% OR 40% OF PALM FRONDS SHALL BE REMOVED FROM ALL PALMS DURING THE EXCAVATION PERIOD. FRONDS SHALL BE REMOVED AFTER PALMS ARE APPROVED BY THE LANDSCAPE ARCHITECT. PALM FRONDS SHALL BE TIED IN AN UPRIGHT POSITION WITH 2-PLY TWINE. TWINE SHALL BE TIED PERPENDICULAR TO THE PALM FRONDS. TWINE IS TO BE APPLIED TIGHT ENOUGH TO REMAIN TIED DURING ALL TRANSPORTING AND PLANTING PHASES OR WORK. PHOENIX GENUS PALM HEADS REQUIRE 'PINEAPPLED' CROWNS. THIS

SHALL BE ACHIEVED WITH THE ASSISTANCE OF A CARPET KNIFE, FINELY SHARPENED ROUND POINT SHOVEL, OR A CHAINSAW. A SAMPLE TREE SHALL BE EXCAVATED, PRUNED, TIED, 'PINEAPPLED', AND APPROVED BY THE LANDSCAPE ARCHITECT OR HIS REPRESENTATIVES, PRIOR TO COMMENCEMENT OF ANY OTHER WORK IN THIS SECTION. IT SHALL BE

NOTED THAT A SAMPLE TREE WILL BE REQUIRED ON ALL OTHER PALM GENUS, HOWEVER, 'PINEAPPLED' CROWNS ARE NOT REQUIRED.

ALL WASHINGTONIA SPECIES SHALL BE SKINNED PRIOR TO LOADING.

USE CAUTION IN CLEANING THE PALMS TO PREVENT THE SPREAD OF VASCULAR DISEASE AND MINIMIZE WOUNDING.

DIP TOOLS IN STERILIZING AGENT (50% CLOROX, 50% WATER), BEFORE CLEANING PALMS AND BETWEEN MOVING FROM ONE PALM TO ANOTHER.

H. PALM TAGGING - PHOENIX CANARIENSIS AND PHOENIX RECLINATA ONLY:

FOR ALL PHOENIX CANARIENSIS AND PHOENIX RECLINATA PALM TREES, ATTACH A LABEL SECURED WITH WIRE AROUND THE TRUNK SHOWING HEIGHT, NAME OF GROWER, AND ORIGIN. BEFORE THE PALMS ARE LOADED THE

CONTRACTOR WILL TIE A SMALL PIECE OF FLAGGING TAPE TO THE NEWEST EMERGING LEAF, (SPEAR LEAF), IN ORDER TO TRACK GROWTH (OR CLIP 2"-3" OFF THE TIP OF THE LEAF).

LANDSCAPE PLANTING SPECIFICATIONS (CONT'D)

PLANTING SPECIFICATIONS

BUENA VISTA PARK
LP06

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Packet Pg. 229 Attachment: 022-0025_Buena Vista Park_Full Set_2023-08-04 (6046 : Buena Vista Authorization to Go Out to Bid) 1 SECTION 3 SURVEYING ..................................................................................................................... 2 SECTION 200 ROCK MATERIALS .......................................................................................................... 2 SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS .................................................... 2 SECTION 212 WATER AND SEWER SYSTEM VALVES AND APPURTANCES .................................... 3 SECTION 300 EARTHWORK ................................................................................................................... 4 SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE MATERIALS ...................................................................................................................... 4 SECTION 303 CONCRETE AND MASONRY CONSTRUCTION ............................................................. 4 SECTION 306 OPEN TRENCH CONDUIT CONSTRUCTION .................................................................. 5 SECTION 700 MATERIALS ...................................................................................................................... 7 SECTION 701 CONSTRUCTION ............................................................................................................ 11 SECTION 703 PAYMENT ....................................................................................................................... 12 SECTION 800 MATERIALS .................................................................................................................... 13 SECTION 801 INSTALLATION .............................................................................................................. 15 SECTION 900 NON-GREENBOOK STANDARD SPECIFICATIONS AS INCLUDED AND AMENDED 20 SECTION 901 BENCH ............................................................................................................................ 20 SECTION 902 35.5 GALLON TRASH RECEPTACLE ........................................................................... 21 SECTION 903 PLAYGROUND STRUCTURE ........................................................................................ 22 SECTION 904 PLAYGROUND WOOD FIBER SURFACING ................................................................. 24 SECTION 905 PARK MONUMENT SIGN ............................................................................................... 27 SECTION 906 DECOMPOSED GRANITE .............................................................................................. 28 SECTION 907 WROUGHT IRON GATE ................................................................................................. 29 SECTION 908 DRINKING FOUNTAIN .................................................................................................... 30 SECTION 909 BASKETBALL COURT LIGHTING ................................................................................. 31 SECTION 910 BASKETBALL POLE AND BACKBOARD ..................................................................... 33 SECTION 911 BASKETBALL COURT SURFACE COATING................................................................ 34 APPENDIX A GEOTECHNICAL REPORT ............................................................................................ 36

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Packet Pg. 230 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 2 CITY OF EL CENTRO

SPECIAL PROVISIONS

BUENA VISTA PARK
AMENDMENTS TO THE “2021 GREENBOOK”

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 1 GENERAL
SECTION 3 CONTROL OF THE WORK
3-10 SURVEYING
3-10.1 General. DELETE and REPLACE with the following:

The Contractor shall perform and be responsible for the accuracy of surveying adequately for construction. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost, disturbed, or missing and need to be replaced, such replacement will be performed by the Contractor or Subcontractor at the expense of the Contractor.

PART 2 CONSTRUCTION MATERIALS
SECTION 200 ROCK MATERIALS
200-2 UNTREATED BASE MATERIALS
200-2.1 General. ADD the following:

Aggregate base shall be either recycled Class 2 Aggregate Base or Class 2 Aggregate Base per Caltrans Standard Specification, Section 26: Aggregate Bases, Subsection 26-1.02A, ¾” maximum size, except as modified herein.

SECTION 201 CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1.4 Concrete Specified By Compressive Strength. ADD the following:

Curbs (all types), sidewalks, hardscape, and all other concrete surface improvements not specified in the Plans or these Special Provisions shall attain a minimum compressive strength of 4,000 psi at 28 days. 201-3 EXPANSION JOINT FILLER AND JOINT SEALANTS
201-3.4 Type “A” Sealant (Two-Part Polyurethane Sealant). ADD the following:

All finished concrete surfaces, unless otherwise noted, shall have a ½” continuous expansion joint at locations indicated on the Plans and shall be located either parallel to perpendicular to the curb line, where applicable.

Contractor shall provide joint sealants that have been produced and installed to establish and to maintain watertight and airtight continuous seals without causing staining or deterioration of joint substrates.

Contractor shall submit product data from the manufacturer of each joint sealant product required, including instructions for joint preparation and joint sealer application. Contractor shall also submit samples for initial selection purposes in form of manufacturer’s standard bead samples, consisting of strips of actual products showing full range of colors available, for each product exposed to view. Samples shall be submitted to Engineer. Submit complete schedule of type (and location where type is to be used) of each sealant.

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Packet Pg. 231 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 3 Contractor shall engage an experienced installer who has completed joint sealant applications similar in material, design and extent to that indicated for Project that have resulted in construction with a record of successful inservice performance.

Provide joint sealants, joint fillers, and other related materials that are compatible with one another and with joint substrates under conditions of service and application, as demonstrated by sealant manufacturer based on testing and field experience.

Provide color selections made by Engineer from manufacturer’s full range of standard colors for products of type indicated.

Joint sealants shall be multi-component polyurethane sealant. Except as otherwise indicated, provide manufacturer’s standard, non-modified, 2-or-more-part, polyurethane-based, elastomeric sealant; complying with either ASTM-C-920-87, Type M, Grade P, Class 25, or FS TT-S 0227E Class A, non-sag, Type II.

Provide sealant backings of material and type that are non-staining; are compatible with joint substrates, sealants, primers and other joint fillers; and are approved for applications indicated by sealant manufacturer based on field experience and laboratory testing.

Plastic foam joint fillers shall be performed, compressible, resilient, non-staining, non-waxing, non-extruding strips of flexible plastic foam either open-cell polyurethane foam or closed-cell polyethylene foam, subject to approval of sealant manufacturer, for cold-applied sealants only.

Polystyrene foam is not acceptable.

SECTION 212 WATER AND SEWER SYSTEM VALVES AND APPURTANCES 212-7 BACKFLOW PREVENTION DEVICES
ADD the following Subsection:
212-7.4 Backflow Assembly Enclosure
The Contractor shall install the irrigation backflow preventer assembly as specified in the Plans and in accordance with manufacturer's specifications and the Contract Documents. Exact location and positioning shall be approved by the Engineer.

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Packet Pg. 232 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 4 CITY OF EL CENTRO

SPECIAL PROVISIONS

BUENA VISTA PARK
AMENDMENTS TO THE “2021 GREENBOOK”

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 3 CONSTRUCTION METHODS
SECTION 300 EARTHWORK
300-6 EARTHWORK FOR DEBRIS DAMS AND BASINS
300-6.2 Clearing and Grubbing. ADD the following:

The Contractor shall protect utility facilities relocated prior to or during construction of the Work.

ADD the following section:
300-6.7 Grading Tolerance.

The Contractor shall finish excavated areas other than slopes and subgrade below structures, within the sidewalk and concrete areas within 0.1’ of the grades shown on the plans. Other subgrade tolerances outside these areas shall conform to the requirements of section 301-1.4.

SECTION 301 SUBGRADE PREPARATION, TREATED MATERIALS AND PLACEMENT OF BASE

MATERIALS
301-1 SUBGRADE PREPARATION
301-1.7 Payment. DELETE and REPLACE the first paragraph with the following:

Payment for preparing a subgrade including but not limited to removal, replacement, scarify, moisture condition, and compaction of subgrade materials in accordance with these Special Provisions shall be considered as included in the work for which the subgrade is prepared.

SECTION 303 CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURB AND SIDEWALK
303-5.1 Requirements.
303-5.1.1 General. MODIFY as follows:

The first sentence of the second paragraph of section 303-5.1.1 to read: the minimum thickness of sidewalks shall be 4 inches.
303-5.9 Measurement and Payment. ADD the following:

Payment for “Construct Concrete Sidewalk (4” Thick with 4” Sand Sub-Base per EC-400)”, “Construct Concrete Deepened Edge in Playground Area (12” Thick with rebar) shall be made at the contract unit prices paid as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, concrete, subgrade preparation, finishing, curing, reinforcement, incidentals, and for doing all work involved in providing the Work as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional compensation will be made therefor.

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Packet Pg. 233 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 5 SECTION 306 OPEN TRENCH CONDUIT CONSTRUCTION
306-3 TRENCH EXCAVATION
306-3.4 Minimum and Maximum Pipe Zone Trench Width.

ADD the following:

The work covers trench excavation, installation and backfill of polyvinyl chloride (PVC) pipe, irrigation conduit, other conduits of any type, and other appurtenant work.

Open excavations on the Project Site shall be either backfilled by the end of each work day or secured with steel plates or temporary 6’ chain link fence as approved by the Engineer. 306-6 BEDDING
306-6.2 Bedding for Narrow Trenches.

DELETE the second sentence of the third paragraph and REPLACE with the following:

The pipe (conduit) shall be placed on at least four inches of bedding below the pipe. Full compensation for this bedding material and work shall be considered as included in the contract price paid for the various items of work and no additional compensation will be allowed therefore. 306-6.5 Placement and Compaction.
306-6.5.1 General. DELETE and REPLACE the first sentence of the first paragraph with the following:

The material in the bedding zone shall be placed and compacted mechanically.

DELETE the third paragraph and REPLACE with the following:

The ponding or jetting of pipe bedding is not allowed.
306-12 BACKFILL
306-12.1 General. MODIFY as follows:

References to Relative Compaction for trench backfill shall be deleted and the following provision shall be substituted therefor:

All trench backfill material shall be per the City of El Centro requirements.

All trench backfill material within the street right-of-way shall consist of material having a Sand Equivalent of 20 or greater. This requirement applies to all conduits of any type installed in the right-of-way including those for utility companies that may have a different backfill specification.

The Contractor shall install detectable underground utility marking tape above each or, in the case of bundled underground conduit of the same type, the upper underground conduit being installed by the open trench method. The type and color of detectable underground utility marking tape shall be in accordance with the type of utility.
306-12.2 Backfill for Narrow Trenches. ADD the following:

References to Relative Compaction for trench backfill shall be deleted and the following provision shall be substituted therefor.

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Packet Pg. 234 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 6 306-12.3 Mechanically Compacted Trench Backfill
306-12.3.2 Compaction Requirements. DELETE this section and REPLACE with the following:

The Contractor shall compact trench backfill to a minimum of 90 percent relative compaction except that in the top 12” of the street right-of-way sub-grade compaction shall be 95 percent. 306-12.4 Jetted Trench Backfill. DELETE this section.
306-15 PAYMENT
306-15.1 General
REMOVE and REPLACE the first sentence with:

Payment for pipe and conduit shall be considered as included in the work for which the conduit is required.

REMOVE and REPLACE 306-15.1c with:

Payment for removal and disposal of abandoned conduits and structures shall be included in the lump sum price paid for “Clearing and Grubbing” and no additional payment will be made therefor.

ADD the following:

There shall be no additional payments or deductions for variations in the trench excavation width.

There shall be no direct payment for trench temporary and/or permanent pavement resurfacing.

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Packet Pg. 235 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 7 CITY OF EL CENTRO

SPECIAL PROVISIONS

BUENA VISTA PARK
AMENDMENTS TO THE “2021 GREENBOOK”

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 7 STREET LIGHTING SYSTEMS
SECTION 700 MATERIALS
700-1 EXTERIOR LIGHTING
700-1.0 Quality Assurance
Comply with the following codes and standards:

1. National Electrical Code (NEC) for components and installation.

2. AASHTO LTS-5 Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals, including interim revisions,

3. International Building Code.

4. ASCE-7, Minimum Design Loads for Buildings and Other Structures.

5. The national Energy Policy Act and Energy Star requirements for lighting products.

Provide luminaires listed and labeled by a nationally recognized testing laboratory (NRTL) for the application, installation condition, and the environments in which installed.

Use manufacturers that are experienced in manufacturing poles, luminaires, lamps and ballasts similar to those indicated for this Project and have a record of successful in-service performance. 700-1.1 Service Conditions
International Building Code and ASCE 7 design wind conditions:

1. Exposure Category: C.

2. Basic Wind Speed: 90 mph (3-second gust at 33 ft above ground, mean recurrence interval of 50 years).

3. Importance Factor: 1.00.

Maximum solar heat gain: 110 W/sq ft.
700-1.2 Submittals
Submit the following in accordance with project submittal procedures.

1. Catalog Data: Submit catalog data describing poles, luminaires, lamps, ballasts, and pole and luminaire finishes. Include data substantiating that materials comply with specified requirements. Arrange data for luminaires in the order of luminaire designation.

2. Performance Curves/Data: Submit certified photometric data for each type of luminaire.

3. Shop Drawings: Submit manufacturer's drawings for non-standard luminaires.

4. Maintenance Data: Submit maintenance instructions for inclusion in the operations and maintenance manuals.

5. Warranties: Submit warranties for light emitting diode (LED) luminaires. 700-1.3 Extra Materials
Furnish the following extra materials matching products installed. Package with protective covering for storage and identify with labels describing contents.

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Packet Pg. 236 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 8 1. LED Luminaires: 5 percent of quantity of LED luminaires of each type, but no fewer than two of each type.

2. Lenses, Diffusers, Covers, Globes, and Guards: 1 percent of quantity of each type, but not less than one of each type.

3. Photoelectric Relays: 5 percent of quantity of photoelectric relays of each type, but not less than two of each type.

4. Fuses: 5 percent of quantity of fuse of each type, but not less than two of each type. 700-1.4 Receiving, Storing and Protecting
Receive, inspect, handle, and store products according to the manufacturer’s written instructions and NECA/IESNA 501, Recommended Practice for Installing Exterior Lighting Systems. 700-1.5 Product Options and Substitutions
Alternate products may be accepted; follow substitution procedures. 700-1.6 Finishes
Furnish luminaires, poles, and accessories with finishes as scheduled that are resistant to fading, chalking, and other changes due to aging and exposure to heat and ultraviolet light. Acceptable finishes for metals are:

1. Hot-dipped galvanized steel: ASTM A 123/A 123M.

2. Brushed natural aluminum.

3. Anodized aluminum: AAMA 611, Anodized Architectural Aluminum, Class I.

4. Powder coated aluminum: Fluorocarbon polymer powder coating per AAMA 2605, Superior Performing Organic Coatings over chrome phosphate conversion coated aluminum.

5. Powder coated steel: Fluorocarbon polymer powder coating per AAMA 2605, Superior Performing Organic Coatings over zinc phosphate conversion coated shot-blasted steel.

Reject luminaires, poles, and accessories with finish having runs, streaks, stains, holidays, and defects.

Replace luminaires, poles, and accessories showing evidence of yellowing, fading, chalking, and other changes indicating failure during warranty period.

Use stainless steel for exposed hardware.
700-1.7 Exterior Luminaires - General
Luminaires shall be NRTL-listed as conforming to UL 1598 - Luminaires.

Photometric characteristics shall be based on IESNA approved methods for photometric measurements performed by a recognized photometric laboratory.

There shall be no light emitted above a horizontal plane through the lowest light-emitting part of the luminaire.

Luminaire housing shall be primarily metal.

1. Metal parts shall be free from burrs and sharp corners and edges.

2. Sheet metal components shall be fabricated from corrosion-resistant aluminum, formed and supported to prevent sagging and warping.

3. Exposed fasteners: Stainless steel.

Doors and frames shall be smooth operating and free from light leakage under operating conditions. Doors, frames, lenses and diffusers shall be designed to prevent accidental falling when secured in the operating position.

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Packet Pg. 237 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 9 Provide lenses, diffusers, covers and globes as scheduled on the Drawings fabricated from materials that are UV stabilized to be resistant to yellowing and other changes due to aging or exposure to heat and ultraviolet radiation.

Doors shall have resilient gaskets that are heat-resistant and aging-resistant to seal and cushion lens and refractor.
700-1.8 LED Luminaires
Conform to UL 1598 and to UL 8250 – Safety Standard for Light-Emitting Diode (LED) Light Sources for Use in Lighting Products.

Lead and mercury free.

Photometric characteristics: Established using IESNA LM-79-08, IESNA Approved Method for the Electrical and Photometric Measurement of Solid-State Lighting Products.

Ingress protection for optical assembly: IP65 or better in accordance with ANSI/IEC 60529 - Degrees of Protection Provided by Enclosures.

Color characteristics as follows in accordance with ANSI C78.377 – Specifications for the Chromaticity of Solid State Lighting Products:

1. Color temperature (deg K): 3,000

2. Color rendering index: not less than 70
LED and driver cooling system: Passive and shall resist the buildup of debris.

LED luminaire output after 50,000 hours of operation: Not less than 70 percent of the initial lumen output when determined in accordance with IESNA LM-80-08 – IESNA approved Method for Measuring Lumen Maintenance of LED Lighting Sources.

LED luminaire electrical characteristics:

1. Supply voltage: 240V as indicated on the Drawings.

2. Total harmonic distortion (current): Not more than 20 percent

3. Power factor: Not less than 90%

4. RF interference: Meet FCC 47 CFR Part 15/18

5. Driver input surge protection device: UL 1449 3rd Edition recognized component meeting IEEE C62.41.2 - IEEE Recommended Practice on Characterization of Surges in Low-Voltage (1000 V and Less) AC Power Circuits, Category C, High Exposure.

Warranty:

1. Manufacturer shall replace any luminaires that fail to operate properly within 60 months of the date of acceptance of the installation. Lens yellowing or hazing will be considered a failure.

2. Manufacturer shall replace any luminaires that experience housing or finish failure within 5 years of the date of acceptance of the installation. 700-1.9 Poles and Accessories
Furnish poles and accessories that comply with requirements specified in this Section and the luminaire schedule on the Drawings.

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Packet Pg. 238 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 10 Pole, base, and anchorage shall carry the luminaires, supports, and appurtenances at the indicated height above grade without deflection or whipping.

Mountings, fastenings and other appurtenances shall be fabricated from corrosion-resistant materials that are compatible with poles and luminaires and will not cause galvanic action at contact points. Mountings shall correctly position luminaires to provide scheduled light distribution.

A reinforced access handhole, minimum 2.5 x 5 inches, shall be located in the wall of each metal pole.

A welded 1/4-inch grounding lug shall be accessible through the handhole of each metal pole. Grounding connection shall be designed to prevent electrolysis when used with copper ground wire.

Metal poles shall have anchor type bases and galvanized steel anchor bolts, leveling nuts and bolt covers.

Each non-breakaway metal pole shall have a metal base cover that covers the entire base plate and anchorage.

Protect painted, anodized, or brushed pole finishes during shipment and installation. Minimum protection shall consist of spirally wrapping each pole shaft with protective paper secured with tape, and shipping small parts in boxes.

Steel poles shall be fabricated from tubing having minimum 7-gage steel with minimum yield/strength of 48,000 psi.

1. Poles shall be anchor bolt mounted type.

2. Poles shall be one-piece construction up to 40 feet in length. Poles over 40 feet in length may be in two or more sections with overlapping joints.

3. Poles shall be welded construction with no bolts, rivets, or other means of fastening except as specifically approved.

4. Tops of shafts shall be fitted with a round or tapered cover.

5. Pole markings shall be approximately 3 to 4 feet above grade and shall include manufacturer, year of manufacture, top and bottom diameters, and length.

6. Provide poles with finish color indicated on the Drawings and conforming to FINISHES article of this Section. If pole is not galvanized, coat inside of pole with suitable rust-inhibiting finish.

7. Base covers for steel poles shall be structural-quality, hot-rolled carbon-steel plate having a minimum yield of 36,000 psi. Finish shall be the same as the corresponding poles.

Metal pole brackets shall be designed to match pole metal and finish. Provide cantilever brackets without underbrace, in the sizes and styles indicated on the Drawings, with straight tubular end section to accommodate the luminaire.

Pole-top tenons: Conform to IEEE C136.21, fabricated to support the luminaire indicated, and securely fastened to the pole top.

Anchor bolts: Steel rod having minimum yield strength of 50,000 psi, with the top 12 inches galvanized per ASTM A153/A153M.

Manufacturers: Subject to compliance with requirements, provide products by one of the following:

1. Cree

2. Luminaire

3. Invue

4. Musco

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Packet Pg. 239 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 11 700-1.10 Lighting Control Equipment
Furnish photoelectric relays to control exterior lighting as indicated on the Drawings.

1. For photoelectric relays not mounted on luminaires use products conforming to either UL 773 or UL 773A, Non-industrial Photoelectric Switches for Lighting Control. Provide the photoelectric relays with single-pole double-throw contacts to switch mechanically-held contactors.

2. Photoelectric relay contacts shall be factory set to turn exterior lighting “ON” at or below 3 footcandles and “OFF” at 4 to 10 footcandles. A time delay shall prevent switching from transient light sources.

Furnish a “hand-off-auto” control switch and enclosure to facilitate testing of the lighting system.

SECTION 701 CONSTRUCTION
701-1.1 Examination
Examine areas, spaces, and surfaces to receive exterior luminaire (s) or poles for compliance with installation tolerances and other conditions affecting performance of the product. Do not proceed with installation until unsatisfactory conditions have been corrected. 701-1.2 Installation
Install products in accordance with manufacturer's instructions, NECA/IESNA 501, and approved shop drawings.

Locations of luminaires and poles shown on the Drawings are diagrammatic. Coordinate luminaire locations with building finishes, building structure, paving and striping, utility piping, security fences, and existing and new trees.

Set poles and luminaires plumb, square, level and secure. 701-1.3 Concrete Foundations
Construct concrete foundations with exterior 4,000 psi concrete and reinforcing.

Comply with details on the Drawings and manufacturer's recommendations for foundation dimensions, reinforcing, anchor bolts, nuts and washers.

Position power conduits and ground rod to terminate within the pole shaft area and one inch above the top of the foundation.

Cure concrete foundations for 7 full curing days before erecting poles. 701-1.4 Pole Erection
Do not install poles without luminaires.

Use fabric web slings to raise and set poles.

Use leveling nuts or shims to make poles plumb. .When leveling nuts are used, set the lower nuts not more than 1 inch from the concrete foundation.

Tighten anchor bolt nuts and other pole hardware to torque recommended by manufacturer.

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Packet Pg. 240 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 12 After pole is leveled, pack non-shrink grout between anchor base and concrete foundation to provide a full bearing surface. .Use a short piece of 1/2-inch diameter pipe to make a drain hole through grout; arrange to drain condensation from interior of pole.
701-1.5 Grounding
Install grounding for exterior lighting using materials and methods specified.

Install a 10-foot-long, minimum 5/8-inch diameter copper-clad ground rod at each pole. .At metal poles mounted on reinforced concrete foundations, install the ground rod in the concrete foundation.

Connect ground lug of metal pole to ground rod using a 6 AWG copper conductor.

Connect ground lug of metal pole to circuit equipment grounding conductor.

Ground metallic components of lighting unit with non-metallic pole to ground rod using a 6 AWG copper conductor.
701-1.6 Lighting Control System
Install exterior lighting control system components in accordance with the manufacturers’ instructions. .Have installation instructions available at the construction site.

Install a HAND-OFF-AUTO selector switch in the control system to allow for testing of luminaires. 701-1.7 Field Quality Control
Inspect each installed lighting unit for damage. .Replace damaged luminaires, poles, and components.

Test installed luminaires for proper operation.

1. Provide instruments to make and record test results.

2. Replace or repair malfunctioning luminaires and components then re-test.

3. Repeat procedure until all luminaires operate properly.

Check poles for signs of vibration induced by 10 to 30 mph wind: visible swaying, loosened anchor bolt nuts, vibration perceptible by touch, or wires rattling inside pole. .Notify the owner and the pole manufacturer – vibration mitigation devices may be required. 701-1.8 Adjusting and Cleaning
Clean each luminaire inside and out, including plastics and glassware. Use methods and materials recommended by manufacturer.

Aim adjustable luminaires to provide required light intensities as indicated on the Drawings SECTION 703 PAYMENT
Payment for “Furnish and Install Site Lighting and Electrical Equipment” shall be made at the contract lump sum price paid as shown in the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, incidentals, and for completing installation of all items including installation, pull rope, excavation, conduits, poles, backfill, foundations, grounding, luminaires, equipment, warranty, and for doing all work involved in providing a complete and in place lighting and communication system and no further compensation will be made therefor.

11.b
Packet Pg. 241 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 13 CITY OF EL CENTRO

SPECIAL PROVISIONS

BUENA VISTA PARK
AMENDMENTS TO THE “2021 GREENBOOK”

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 8 LANDSCAPING AND IRRIGATION
SECTION 800 MATERIALS
800-1 LANDSCAPING MATERIALS
ADD the following section:
800-1.0 City of El Centro approved materials list
Landscape materials supplied to the project shall comply with the Plans. Substitutions are not allowed without written approval from the City of El Centro.
800-1.1 Topsoil
800-1.1.1 General. ADD the following:

Topsoil for this project shall be designated as Class A (imported), as specified herein. 800-1.2 Soil Fertilizer and Conditioning Materials
800-1.2.1 General. ADD the following:

When required by the Engineer/Inspector or their designated representative, the Contractor shall furnish a Certificate of Compliance stating that the material substantially meets the specifications.

Once grading operations are completed and prior to landscape installation work commencement, the Contractor shall conduct a landscape soil test (utilizing a minimum of three separate location samples – locations to be approved by Engineer). The tests shall be evaluated by an independent soils testing laboratory specializing in landscape soil amendment evaluations.

Tests must be in accordance with laboratory procedures including protocols for taking the samples and depth requirements.

Soil analysis must include as a minimum:

1. Soil texture

2. Infiltration rate

3. pH

4. Total soluble solids

5. Sodium

6. Percent organic matter

7. Soil amendment and fertilizer recommendations
Contractor shall submit soil testing results to Engineer for approval prior to construction. 800-1.2.5 Mulch. DELETE this section and ADD the following:

Mulch shall be as designated in accordance with the requirements herein. Mulch shall be from a bulk source approved by the Engineer or their designated representative in advance of delivery to the Work site.

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Packet Pg. 242 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 14 Wood Fiber Mulch: Conwed Fibers Hydro Mulch 2000 with premium tackifier. By PROFILE Products LLC, 750 Lake Cook Rooad – Suite 440 Buffalo Grove, IL 60089. Phone: 1-800-366-1180. Or approved equal. 800-1.4 Plants
800-1.4.1 General. ADD the following:

The plant seeds required for this project may require special contract growing. The Contractor is to verify the availability of all plant material immediately at time of notice to proceed. Contractor shall coordinate lead time for any plant material that requires special contract growing the City Engineer or designee. 800-1.4.2 Trees. DELETE this Section and ADD the following:

The trees are to meet the minimum requirements for the American Standards for Nursery Stock (ANSI Z60.1).

Unless otherwise notified, trees shall be furnished and installed by the City of El Centro. The City of El Centro shall assume all liability for the trees until the trees are delivered to the site and installed and accepted by the Contractor, in writing.
800-1.4.6 Cuttings DELETE this Section.
800-2 IRRIGATION SYSTEM MATERIALS
800-2.1 Pipe and Fittings.
800-2.1.2 Steel Pipe. DELETE this Section.
800-2.1.4 Plastic Pipe for Use with Rubber Ring Gaskets. DELETE this Section and ADD the following Section:
800-2.1.6 Brass Pipe and Fittings.

Brass pipe shall be IPS standard weight 125 LB 85 percent copper and 15 percent zinc, trade designation seamless red brass pipe conforming to the requirements of ASTM B43-91. Brass pipe fittings and connections shall be Standard 125 LB class 85 percent red brass fittings and connections. 800-2.2 Valves and Valve Boxes.
800-2.2.2 Gate Valves. DELETE this Section.
800-2.2.3 Manual Control Valves. DELETE this Section and ADD the following:

Ball valves in sizes of 2 inches and smaller shall be all brass double disc wedge type with integral taper seats and non-rising stem.

Ball valve sizes greater than 2 inches shall be resilient wedge, brass construction, as manufactured by Clow.

Ball valves shall have bottom-loaded pressure-retaining stems, glass-reinforced seats, and reinforced TFE stem packing seals. Valves sizes 13 mm (½“) to 50 mm (2“) shall be pressure rated at 4140 kPa (600 PSI) WOG and 1030 kPa (150-PSI) saturated steam. Each valve shall be tested, air under water, in the opened and closed position by the manufacturer. Ball valve must conform to Federal Specification WW-V-35B, Type II, Class A, Style 3, End Connection A or C.
800-2.2.4 Remote Control Valves. ADD the following to section b):

And molded-plastic body normally closed with 24-V ac solenoid. 800-2.2.5 Garden Valves. DELETE this Section.
800-2.2.7 Valve Boxes. DELETE this Section and ADD the following:

Valve boxes shall be Polymer-Concrete (or Injected Mold, or Structural Foam HDPE) Boxes.

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Packet Pg. 243 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 15 Valve Boxes and cover shall be with open bottom and openings for piping; designed for installing flush with grade.

Valve Box shape shall be rectangular. Shut off Valves and Quick Coupler Valves shall be Round.

Valve box sidewall material shall be polymer concrete or injected molded structural foam HDPE resin with lateral and vertical sidewalk design loading of 5,000 lb minimum over 10 by 10 inches square.

Valve box and lid color shall be green.

All valve boxes shall be marked “RCV”, “BV” or “QC”, “PB” respectively. In addition, remote control valves shall branded with 2” station numbers. RCV boxes shall have locking covers. Other boxes such as pull boxes, etc., shall be marked with appropriate identification.

Valve box size for any particular application shall be as required for valves and service and approved by the City Engineer, or designee.
800-3 ELECTRICAL MATERIALS
800-3.1 General. ADD the following:

All electrical materials shall conform to the requirements of the National Electrical Code in effect at time of bid. 800-3.2 Conduit and Conductors.
800-3.2.2 Conductors. ADD the following:

Low voltage electric wiring running from controller to the automatic control valves shall be no smaller than No. 14 solid single conductor, copper wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial), or equal, color code wires to each valve. Neutral wires shall be white, no smaller than No. 12 solid single conductor wire, 0.015 mm (60 mil) insulation, 0.015 mm (60 mil) neoprene jacket, style UF (Direct Burial).

SECTION 801 INSTALLATION
801-1 GENERAL
ADD the following section:
801-1.1 Progress Inspections.

Progress inspections will be performed by the Engineer for planting and irrigation system work at the designated stages during the life of the contract.

Progress inspections will not relieve the Contractor of responsibility for installation in conformance with provision in the Plans and Specifications. Work within an area shall not progress beyond each stage until the inspection has been completed, corrective work has been performed, and the work is approved, unless otherwise permitted by the Engineer.

The requirements for progress inspections will not preclude additional inspections of work by the Engineer at other times during the life of the contract.

The Contractor shall notify the Engineer, in writing, at least 4 days prior to completion of the work for each stage of an area and shall allow a minimum of 3 working days for the inspection.

Progress Inspections will be performed at the following stages of work:
1) During pressure testing of the pipelines on the supply side of control valves. 2) During testing of low voltage conductors.

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Packet Pg. 244 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 16 3) Before planting begins and after completion of the earthwork work. 4) Before plant establishment work begins and after completion of work specified for planting in Section 801-4.
5) At intervals of one month during the plant establishment period. 801-2 EARTHWORK AND TOPSOIL PLACEMENT
801-2.2 Topsoil Preparation and Conditioning.
801-2.2.1 General. ADD the following:

The Contractor shall take a soil samples at locations approved by the Engineer per Section 800 of these Special Provisions to determine the optimum soil amendments to be added. Contractor to coordinate this effort with final replacement backfill of the site soils to final grades. 801-2.2.2 Fertilization and Conditioning Procedures. ADD the following:

All fertilizing shall be performed in accordance with the American National Standard Industry - A300 standards.

The Contractor shall cultivate the surface of all areas to be planted or hydroseeded by discing, ripping or scarifying the finish grade. After cultivation the Contractor shall clear the planting areas of stones to the depth of cultivation and shall be rake the planting areas to a smooth friable and plantable surface. The Contractor shall cultivate all planting areas, except slopes steeper than 3-1/2:1 (horizontal to vertical), to a depth of 12”. The planting areas that are slopes steeper than 3-1/2:1, shall be cultivated to a depth of 6”. 801-2.3 Finish Grading. ADD the following:

Planted areas shall be provided with positive drainage.

The Contractor shall prepare the finish grade in hydroseed slope areas with a moderately rough texture to provide a suitable surface for adherence of the hydroseed mix.

Change Section title as follows:
801-3 HEADER INSTALLATION
DELETE this Section.
801-4 PLANTING
801-4.1 General. ADD the following:

The Contractor shall perform actual planting during those periods when weather and soil conditions are suitable and in accordance with locally accepted horticultural practice and as approved by the Engineer. No planting shall be done in any area until it has been satisfactorily prepared in accordance with these specifications. Soil moisture level prior to planting shall be no less than 75 percent of field capacity. The Contractor shall obtain the Engineer’s approval of planting pits before planting operations begin. For pit planted vegetation when the soil moisture level is found to be insufficient for planting, the Contractor shall fill the planting pits with water and allow them to drain before starting planting operations. No more plants shall be distributed in the planting area on any day than can be planted and watered on that day. The Contractor shall plant and water all plants as herein specified immediately after removal from their containers. Containers shall not be cut prior to placing the plants in the planting area.

All plant material shall meet the minimum standards set by the American Association of Nurseryman and these specifications.
801-4.2 Protection and Storage. ADD the following:

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Packet Pg. 245 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 17 The Contractor shall submit a sheltered and secure location for on-site plant storage area for the Engineer’s approval prior to the delivery of any plant materials. Any plant determined by the Engineer to be wilted, broken, or otherwise damaged shall be rejected at any time during the project, whether in the ground or not. All plants shall be handled by their containers. Any plant that has been handled by its trunk or stem shall be rejected. All rejected plants shall be removed from the site immediately. 801-4.3 Layout and Plant Location. MODIFY as follows:

Planting areas shall be staked by the Contractor and the Contractor shall obtain the Engineer’s approval of the planting layout before planting operations begin.

Trees and shrubs shall not be planted within five (5) feet of irrigation heads (excluding bubblers) for all slope applications.
801-4.5 Tree and Shrub Planting. DELETE this section and ADD the following:

Immediately after notice to proceed, the contractor is to coordinate, in writing, a schedule for delivery and installation of proposed trees with the City of El Centro and/or designee. The Contractor is to coordinate with the City of El Centro and/or designee, the final locations of planting pits prior to installation of the irrigation system. 801-4.8.2 Seed.

DELETE Section: a) Method A.
801-4.8.3 Sod. MODIFY as follows:

Sod type to be Highlander Bermuda and shall be a minimum of 1” thick. 801-4.8.4 Stolon. DELETE this section.
801-4.9 Erosion Control Planting. DELETE this section.
801-5 IRRIGATION SYSTEM INSTALLATION
801-5.1 General. ADD the following:

Existing irrigation facilities that are being connected to new facilities shall be checked for missing or damaged components and proper operation in the presence of the Engineer prior to performing new irrigation system work and at least once every 30 days thereafter until completed work is accepted. A written list of existing irrigation system deficiencies shall be submitted to the Engineer within 2 working days after initially checking the existing facilities. Failure of the Contractor to submit a list of deficiencies within the specified time frame shall constitute the Contractor’s declaration that the system is in working order and free of defects. 801-5.3 Irrigation Pipeline Installation. ADD the following:

The Contractor shall not backfill any lines until such time as they have been tested and inspected and approved by the Engineer for tightness, quality of workmanship, and materials. 801-5.3.3 Plastic Pipeline. ADD the following:

The Contractor shall store all pipe and fittings under cover until used, and all pipe and fittings shall transported in a vehicle with a bed long enough to allow the length of pipe to lay flat so as not to be subjected to undue bending or concentrated external load at any point. Pipe ends and fittings shall be wiped with MEK, or equal, before welding solvent is applied. Welded joints shall be given a minimum of 15 minutes to set before moving or handling. All field cuts shall be beveled to remove burrs and excess before fitting and gluing together. The Contractor shall center load pipe with small amount of backfill to prevent arching and slipping under pressure.

Joints shall be exposed for inspection during testing. Plastic-to-plastic joints shall be solvent-welded, using only solvent recommended by pipe manufacturer.

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Packet Pg. 246 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 18 ADD the following section:
801-5.3.6 Installation of Brass Pipe.

The Contractor shall cut brass piping by power hacksaw, circular cutting machine using an abrasive wheel, or hand hacksaw. No piping shall be cut with metallic wheel cutter of any description. The Contractor shall ream and remove rough edges or burrs on all pipe so that smooth and unobstructed flow is obtained, place Teflon tape, Teflon dope, or approved equal on male threads only, and tighten to prevent any leakage. The Contractor shall tighten screwed joints with tongs or wrenches. Caulking is not permitted. 801-5.4 Installation of Valves, Valve Boxes, and Special Equipment. ADD the following:

The Contractor shall install each control valve in a separate valve box with a minimum of 12” separation between valves and 6” from any fixed object or structure.

The Contractor shall install no more than one valve per box.

All valve box lids shall be marked with 2” letters/numbers by “branding” method identifying the type of valve and the controller station number.

ADD the following section:
801-5.5 Sprinkler Head Installation and Adjustment.
801-5.5.1 General. DELETE this section and REPLACE with the following:

In accordance with the requirements of Section 801-5.6, all mains, laterals and irrigation lines, including risers, shall be flushed and pressure tested before installing sprinkler heads and bubblers, after which a water coverage test shall be performed.
801-5.5.2 Location, Elevation, and Spacing. DELETE this section and REPLACE with the following:

Sprinkler head and bubbler spacing shall not exceed the maximum shown on the drawings or recommended by the manufacturer.

Sprinkler heads shall be installed 4 inches from adjacent vertical elements projecting above grade such as walks, planter boxes, curbs, and fences.

Sprinkler heads projecting above finish grade shall be at least 12 inches from adjacent curbs, walks, paving, and similar improvements.
801-5.5.4 Sprinkler Head Adjustment. ADD the following:

The Contractor shall flush and adjust all irrigation heads and valves for optimum performance and to prevent overspray onto walks, roadways buildings, walls, and other structures. 801-5.6 Automatic Control System Installation. ADD the following:

The Contractor shall install all portions of the electrical installation with materials and methods conforming to the requirements of the edition of the National Electrical Code in effect at time of bid. The Contractor shall provide no less than one control wire and one common ground wire to service each valve in system. 801-8 PAYMENT
DELETE and ADD the following:

Payment for all fine grading work shall be made at the contract unit price paid for “Fine Grading (Turf Area)” as shown on the Bid Schedule and shall include all items necessary for earthwork and topsoil placement including the preparation for and the spreading, densification, cultivation, and raking of topsoil, and shall include all items

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Packet Pg. 247 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 19 necessary to sustain healthy growing conditions throughout the contract period including fertilization and conditioning, soils testing and soil amendments, all tools, materials, equipment, and no additional payment shall be made therefor.

Payment for all reduced pressure backflow, backflow assembly enclosure, and concrete pad work shall be made at the contract unit price paid for “Furnish and Install ¾" Reduced Pressure Principal Backflow with Backflow Assembly Enclosure with 4” Concrete Pad” as shown on the Bid Schedule and shall include all items associated with the installation of a complete, functioning, tested and approved backflow with all appurtenances, extra parts, manuals, utility services, service cabinets, enclosures, permits, etc. and no additional payment shall be made therefor.

Payment for all irrigation work shall be made at the contract lump sum price paid for “Furnish and Install Irrigation System” as shown on the Bid Schedule and shall include all items associated with the installation of a complete, functioning, tested and approved irrigation system with all appurtenances, extra parts, controllers, manuals, utility services, service cabinets, meters, valve boxes, valves, piping, permits, etc. and no additional payment shall be made therefor.

Contractor shall provide a schedule of values for all irrigation materials for review by the Engineer within 10 days of notification of award of bid. The schedule of values shall include, but is not limited to, each separate item of work specified on the Plans and listed in the table below and must include type, size, and installation method for each item of work. The schedule of values shall provide the basis of payment for work beyond what is shown on the plans. Unit prices for each type of work shall be included in the schedule of values submitted. Unit of measure on a lump sum basis shall not be included in the schedule of values.

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Packet Pg. 248 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 20 CITY OF EL CENTRO

SPECIAL PROVISIONS

BUENA VISTA PARK
AMENDMENTS TO THE “2021 GREENBOOK”

STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION
PART 9 NON-GREENBOOK STANDARD SPECIFICATIONS
SECTION 900 NON-GREENBOOK STANDARD SPECIFICATIONS AS INCLUDED AND AMENDED 901 BENCH

GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section. 901-1.1 Summary
A. Section Includes: Bench
901-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 901-1.3 Closeout Submittals
A. Maintenance Data: For bench to include maintenance manuals.

PART 2 – PRODUCTS
901-2.1 Bench

1. MANUFACTURER: Belson Outdoors
a. Manufacturer: Belson Outdoors, LLC.
i. Address: 627 Amersale Drive, Naperville, IL 60563
ii. Phone: (630) 897-8489 or 1-800-323-5664
iii. www.belson.com

2. MODEL NO: MF2204 W/ Center arm, Length: 6’
a. Colors: Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.
i. Bench color: Black
A. Bench to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

PART 3 – EXECUTION
901-3.1 Examination

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Packet Pg. 249 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 21 A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 901-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated. Complete field assembly of bench where required.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed.

C. Install bench level, plumb, true, and securely anchored, and positioned at locations indicated on Plans.

D. Install all benches on concrete bases and anchors per manufacturer’s recommendations. 901-3.3 Measure and Payment
Payment for “Furnish and Install Bench” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor.
902 35.5 GALLON TRASH RECEPTACLE
PART 1 – GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section. 902-1.1 Summary
A. Section Includes: 35.5 Gallon Trash Receptacle
902-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 902-1.3 Closeout Submittals
A. Maintenance Data: For trash receptacle to include maintenance manuals.

PART 2 – PRODUCTS
902-2.1 Trash Receptacle

1. MANUFACTURER: Recycle Away Systems and Solutions
a. Manufacturer: Recycle Away, LLC.
i. Address: 35 Frost Street, Brattleboro, VT 05301
ii. Phone: 1-800-664-5340
iii. www.recycleaway.com

2. MODEL NO: SCD-2633 BLK
a. Colors: Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.

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Packet Pg. 250 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 22 i. Receptacle color: Black

3. MODEL NO: RC-SCD2633 RBL
a. Colors: Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.
i. Receptacle color: Recycle Blue Gloss
A. Trash Receptacle to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

PART 3 – EXECUTION
902-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 902-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated. Complete field assembly of trash receptacle where required.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed.

C. Install trash receptacle level, plumb, true, and securely anchored, and positioned at locations indicated on Plans.

D. Install all trash receptacles on concrete bases and anchors per manufacturer’s recommendations. 902-3.3 Measure and Payment
Payment for “Furnish and Install 35.5 Gallon Trash Receptacle” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor. 903 PLAYGROUND STRUCTURE (INCLUDES 18’ X 18’ SHADE TOPPER) PART 1 – GENERAL
903-1.1 Related Documents
A. Drawings and general provisions of the Contract, including General and Special Provisions Sections, apply to this section.
903-1.2 Summary
A. Section Includes: Playground Structure with Shade Topper. 903-1.3 Action Submittals
A. Product Data: For each type of product.

B. Product Schedule: For playground equipment. Use same designations indicated on Drawings. . 903-1.4 Closeout Submittals

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Packet Pg. 251 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 23 A. Maintenance Data: For playground structure to include in maintenance manuals.

PART 2 – PRODUCTS
903-2.1 Playground Structure

1. MANUFACTURER: Landscape Structures
a. Manufacturer: Landscape Structures, Inc.
i. Address: 601 7th St. South, Delano MN. 55328
ii. Phone: 763-972-5200 or 888-438-6574
iii. www.playlsi.com

2. MODEL NO: PlayBooster Drawing # 313 with 18’ x 18’ Shade Cool Topper a. Component Numbers:
i. 182503: Welcome Sign (LSI Provided) 5-12 Years
ii. 152911: Left Transfer Module
iii. 152907: Deck Link with Barriers & Steel End Panels Two Steps iv. 123331: Double Poly Slide
v. 116249: Vert. Ladder
vi. 116244: Pipe Barrier
vii. 115254: Store Front Panel (Below Deck)
viii. 148426: Firepole
ix. 128608: Summit Climber
x. 122914: Loop Arch
xi. 116244: Pipe Barrier
xii. 120818: Playstructure Seat (Below Deck)
xiii. 124863: Sidewinder2
xiv. 136488: Integrated Cool Topper Full Sail 60” Bury on Post b. Colors: Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.
i. Post (ProShield): Buttercup
ii. Clamps (ProShield): Limon
iii. Components (ProShield): Grass
iv. Polyethylene: Limon
v. Permalene: Leaf
vi. Decks (TenderTuff): Gray
vii. Shade System Fabrics: Tan
A. Playground Structure to be provided by the City of El Centro.

PART 3 – EXECUTION
903-3.1 Examination
A. Examine areas and conditions with installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 903-3.2 Installation, General
A. Comply with manufacturer’s written installation instruction unless more stringent requirements are indicated.

Complete field assembly of playground structure where required.

B. Coordinate the installation of playground equipment with the installation of the playground engineered wood fiber safety surfacing.

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Packet Pg. 252 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 24 C. Install play structure equipment level plumb, true, and securely anchored, and positioned at locations indicated on the Plans.

D. Post Setting: Set support posts in manufacturer’s recommended footings. Verify that posts are set plumb or at correct angle and are aligned and at correct height and spacing.

E. Install all trash receptacles on concrete bases and anchors per manufacturer’s recommendations. 903-3.3 Measure and Payment
Payment for “Install Playground Structure (includes 18’ x 18’ Shade Topper)” shall be at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, playground structure, 18’ x 18’ shade topper, and accessories, incidentals, and for doing all work involved in furnishing and installing the playground structure, 904 PLAYGROUND WOOD FIBER SURFACING
PART 1 – GENERAL
A. Drawings and general provisions of the Contract, including General and Special Provisions Sections, apply to this Section.
904-1.1 Summary
B. Section Includes:

All labor, materials and equipment necessary to install engineered playground wood fiber mulch play surface as indicated herein and per plan.
904-1.2 Performance Requirements
A. Impact Attenuation: According to ASTM F 1292 and HIC B. Accessibility of Surface Systems: According to ASTM F 1951 C. Ease of ignition under BS-5696.

D. Fire resistance under UL94.
904-1.3 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Shop Drawings: For Engineered Wood Fiber Mulch play surface, including materials, plans, cross section, drainage, installation, penetration details, and edge termination.

C. Samples for Verification: For Engineered Wood Fiber Mulch play surface as indicated, Minimum 1-quart Engineered Wood Fiber Mulch sealed in a container.

D. Product Schedule: For Engineered Wood Fiber Mulch
904-1.4 Informational Submittals
A. Coordination Drawings: Plans, drawn to scale, on which the following items are shown and coordinated with each other, using input from Installers of the items involved.

B. Extent of surface systems and use zones for equipment.

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Packet Pg. 253 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 25 C. Critical heights for playground surfaced and fall heights for equipment.

D. Qualification Data: For qualified Installer and testing agency.

E. Material Certificates: For each type of playground surface system, from manufacturer.

F. Material Test Reports: Based on evaluation of comprehensive tests performed by a qualified testing agency, for each playground surface system.

G. Field quality: Control reports.

H. Warranty: Sample of special warranty.
904-1.4 Closeout Submittals
A. Maintenance Data: For Playground Wood Fiber Surfacing to include maintenance manuals. 904-1.5 Quality Assurance
A. Installer Qualifications: An employer of workers trained and approved by manufacturer.

B. Source Limitations: Obtain playground surface system materials from single source from single manufacturer.

C. Provide secondary materials and repair materials of type and from source recommended by manufacturer of playground surface system materials.

D. Standards and Guidelines: Comply with CPSC No. 325, “Handbook for Public Playground Safety”, ASTM F 1292; and ASTM F 1487.
904-1.6 Project Conditions
A. Weather Limitations: Proceed with installation only when existing and forecasted weather conditions permit Playground Wood Fiber Surfacing installation to be performed according to manufacturers’ written instructions and warranty requirements.
904-1.7 Delivery, Storage, and Handling
A. Deliver all materials in the original unopened packages with labels intact.

B. Store materials protected from weather and direct sunlight. 904-1.8 Warranty
A. When warranties are required, verify with Owner’s counsel that special warranties stated in this article are not less than remedies available to Owner under prevailing local laws.

B. Special Warranty: Manufacturer’s standard form in which manufacturer agrees to repair or replace components of playground surface system that fails in materials or workmanship within specified warranty period.

C. Failures include, but are not limited to, the following:

Reduction in impact attenuation.

Deterioration of surface and other materials beyond normal weathering.

Verify available warranties and warranty periods with manufacturers listed in Part 2 articles.

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Packet Pg. 254 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 26 Warranty period: Five years from date of Substantial Completion.

PART 2 – PRODUCTS
904-2.1 Playground Wood Fiber Surfacing
A. Basis of Design Product: Subject to compliance with requirements as noted herein and per plans.

Playground Wood Fiber Surfacing to be considered as equal to those specified herein shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

B. Mulch shall be manufactured of size-controlled softwoods and/or hardwoods that average 1-2” in length and contain a maximum of 15% fine particles to aid in knitting.

C. Mulch is to be non-toxic and shall not contain paint, chemicals or additives.

D. Mulch shall contain minimal bark and be free of twigs, leaf debris, and other organic material.

E. The mulch shall meet all applicable ASTM standards.

PART 3 – EXECUTION
904-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 904-3.2 Preparation
A. General: Prepare substrates to receive wood fiber mulch according to manufacturer’s written instructions.

Verify that substrates are sound and without high spots, ridges, holes and depressions. 904-3.3 Installation, General
A. General: Comply with playground surface system manufacturer’s written installation instructions. Install playground surface system over area and at a thickness as indicated on plans. 904-3.4 Installation of Engineered Wood Fiber Mulch Surfacing A. Comply with playground surface system manufacturer’s written installation instructions.

B. Install mulch over area and in thickness indicated on plans. 904-3.5 Field Quality Control
A. Testing Agency: Engage a qualified testing agency to perform tests and inspections.

B. Testing Services: Testing and inspecting of completed applications of playground surface system shall take place according to ASTM F 1292.

C. Remove and replace applications of playground surface system where test results indicate that it does not comply with requirements.

D. Additional testing and inspecting, at Contractor’s expense, will be performed to determine compliance of replaced or additional work with requirements.

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Packet Pg. 255 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 27 904-3.6 Measure and Payment
Payment for “Furnish and Install Playground Wood Fiber Surfacing” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and performing all work necessary to complete, maintain, and guarantee Playground Wood Fiber Surfacing work described or specified in the contract documents, including submittal of the operation and maintenance manuals and all appurtenances to the aforementioned items, as well as any maintenance effort required until the City’s take-over of maintenance, and project guarantees and no additional payment will be made therefor.
905 PARK MONUMENT SIGN
PART 1 – GENERAL
A. Contractor shall coordinate with the Engineer prior to ordering and fabricating improvements to be constructed and/or installed in conjunction with the Monument Sign.

B. Contractor shall coordinate the fabrication and delivery dates of the Monument Sign with the Engineer during the development of the project construction schedule and shall incorporate the features, fabrication, delivery, and installation into the baseline construction schedule.

C. Contractor shall provide the Engineer a minimum of 20 working days’ notice indicating that the site will be prepared for the installation of the Monument Sign.

D. Contractor shall transport, deliver to the site, unload, and store the Monument Sign as indicated in these Special Provisions. Contractor assumes all liability for damage of the Monument Sign during loading, transport, delivery, unloading, storing, and installation operations until such time that the Monument Sign is accepted by the Engineer. Repairs to damaged Monument Sign shall be performed at the discretion of and to the satisfaction of the Engineer, at no additional cost to the Owner. No additional contract working days will be provided due to damage to the Monument Sign features.

E. The City’s representative/designee shall be present during the loading, unloading, and installation of the Monument Sign.

F. The Monument Sign shall be stored in a safe, dry, and protected location onsite. Storage location shall be approved by the Engineer prior to use.

PART 2 – PRODUCTS
905-2.1 Entry Monument Sign
A. Contractor shall construct and fabricate the Park Monument Sign per the Plans.

B. Monument Sign locations will be determined in the field with City’s representative or designee.

PART 3 – EXECUTION
905-3.1 Examination
A. Examine areas and conditions, with Installer (Contractor, Engineer, or City’s representative/designee) present, for compliance with requirements for correct and level finished grade, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

C. Unless otherwise indicated, install the Monument Sign after adjacent paving operations have been completed.

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Packet Pg. 256 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 28 D. Contractor shall protect all paved surfaces from damage during the installation of the Monument Sign.

Specific attention is called out for the close proximity paved trail entrance in relation to Wensley Avenue.

Damage to paved surfaces shall be replaced at the discretion of and to the satisfaction of the Engineer at no additional cost to the Owner.

E. Install the Monument Sign level, plumb, true, and securely anchored and positioned at the location indicated on the Plans.
905-3.2 Measure and Payment
Payment for “Construct and Install Park Monument Sign”, Complete and in Place shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment and performing all work necessary to complete the installation of the Park Monument Sign described or specified in the contract documents including transportation, unloading, storage, excavation, and incidentals necessary to perform the work and no additional payment will be made therefor. 906 DECOMPOSED GRANITE
PART 1 – GENERAL
A. Drawings and general provisions of the Contract, including General and Special Provisions Sections, apply to this Section.
906-1.1 Summary
B. This Section includes material and labor requirements for construction of Decomposed Granite for the following items:

1. Decomposed Granite
906-1.2 Performance Requirements
A. Perform gradation of decomposed granite material
906-1.3 Submittals
A. Product Data: For each product specified. Submit a 5 lb. sample and sieve analysis for grading of decomposed granite prior to any construction for approval by Engineer.

B. Shop Drawings: Show details of installation, including plans and sections. 906-1.4 Project/Site Conditions
A. Field Measurements: Each bidder is required to visit the site of the Work to verify existing conditions. No adjustments will be made to the Contract Sum for Variations in the existing conditions.

B. Where surfacing is indicated with other construction, verify dimensions of other construction by field measurement before proceeding with the Work.

C. Environmental Limitations: Do not install decomposed granite during rainy conditions or below 40 degrees Fahrenheit.
906-1.5 Quality Assurance
A. Installer Qualifications: Installer to provide evidence to indicate successful experience in providing decomposed granite.

PART 2 – PRODUCTS

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Packet Pg. 257 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 29 906-2.1 Manufacturer
A. Basis of Design Product: Subject to compliance with requirements as noted herein. Decomposed Granite to be considered as equal to those specified herein shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

B. Decomposed Granite:

1. MANUFACTURER: Gail Materials
a. Manufacturer: Gail Materials, Inc.
i. Address: 10060 Dawson Canyon Rd. Corona, CA 92883
ii. Phone: 951-279-1095
iii. www.gailmaterials.com

2. PRODUCT: match existing size and color decomposed granite adjacent to site. 906-3.8 Measure and Payment
Payment for “Decomposed Granite Without Header (3” Depth)” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for furnishing all labor, materials, tools, equipment, stabilizer, incidentals and performing all work necessary to complete, maintain, and guarantee Stabilized Decomposed Granite Path work described or specified in the contract documents, and as directed by the Engineer and no additional payment will be made therefor. 907 WROUGHT IRON GATE

GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section. 907-1.1 Summary
A. Section Includes: Wrought Iron Gate
907-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 907-1.3 Closeout Submittals
A. Maintenance Data: For the wrought iron gate to include maintenance manuals.

PART 2 – PRODUCTS
907-2.1 Wrought Iron Gate
A. Wrought Iron Gate to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date. 907-2.2 Fabrication
A. Exposed Surfaces: Polished, sanded, or otherwise finished; all surfaces smooth, free of burrs, barbs, splinters, and sharpness; all edges and ends rolled, rounded or capped.

B. Factory Assembly: Assemble components in the factory to greatest extent possible to minimize field assembly. Clearly mark units for assembly in the field.

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Packet Pg. 258 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 30 907-2.3 General Finish Requirements
A. Appearance of Finished Work: Noticeable variations in same piece are not acceptable. Variations in appearance of adjoining components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast.

PART 3 – EXECUTION
907-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 907-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated. Complete field assembly of wrought iron gate receptacle where required.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed.

C. Install wrought iron gate level, plumb, true, and securely anchored, and positioned at locations indicated on Plans.

D. Install all wrought iron gates on heavy duty hinges and secured to posts per manufacturer’s recommendations.
907-3.3 Measure and Payment
Payment for “Furnish and Install Wrought Iron Gate” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor.
908 DRINKING FOUNTAIN

GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section. 908-1.1 Summary
A. Section Includes: Drinking Fountain
908-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 908-1.3 Closeout Submittals
A. Maintenance Data: For Drinking Fountain to include maintenance manuals.

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Packet Pg. 259 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 31 PART 2 – PRODUCTS
908-2.1 Drinking Fountain

1. MANUFACTURER: Belson Outdoors
a. Manufacturer: Belson Outdoors, LLC.
i. Address: 627 Amersale Drive, Naperville, IL 60563
ii. Phone: (630) 897-8489 or 1-800-323-5664
iii. www.belson.com

2. MODEL NO: 3500D with in-ground installation
a. Component Numbers:
i. 6635: Sand Trap for Adjacent (In-ground) Installation ii. MTG.3500: Stainless Steel Mounting Plate with Anchors iii. 6426: In-Line Lead Removal Filter
b. Colors: Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.
i. Drinking Fountain color: Green
A. Drinking Fountain to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

PART 3 – EXECUTION
908-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 908-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated. Complete field assembly of Drinking Fountain where required.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed.

C. Install Drinking Fountain bench level, plumb, true, and securely anchored, and positioned at locations indicated on Plans.

D. Install Drinking Fountain on concrete bases and anchors per manufacturer’s recommendations. 908-3.3 Measure and Payment
Payment for “Furnish and Install Drinking Fountain” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor.
909 BASKETBALL COURT LIGHTING

GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section.

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Packet Pg. 260 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 32 909-1.1 Summary
A. Section Includes: Basketball court lighting
909-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 909-1.3 Closeout Submittals
A. Maintenance Data: For Basketball court lighting to include maintenance manuals.

PART 2 – PRODUCTS
909-2.1 Basketball court lighting

1. MANUFACTURER: Musco Lighting
a. Manufacturer: Musco Sports Lighting, LLC.
i. Address: 2107 Stewart Road, Muscatine, Iowa 52761
ii. Phone: 1-800-756-1205
iii. www.musco.com/

2. MODEL NO: Musco Light-Structure System pole TLC for LED luminaires (3) TLC-LED-400 a. Component Numbers:
i. TLC-LED-400 (with 3 fixtures): Luminaire Type
ii. 40’ high poles galvanized steel: Musco Light-Structure System pole TLC iii. Musco Control Link: Control and monitoring cabinet A. Basketball court lighting to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

PART 3 – EXECUTION
909-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 909-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated. Complete field assembly of Basketball court lighting where required.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed.

C. Install Drinking Fountain bench level, plumb, true, and securely anchored, and positioned at locations indicated on Plans.

D. Install Basketball court lighting on concrete bases and anchors per manufacturer’s recommendations.

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Packet Pg. 261 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 33 909-3.3 Measure and Payment
Payment for “Furnish and Install Basketball Court Lighting” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor.
910 BASKETBALL POLE AND BACKBOARD

GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section. 910-1.1 Summary
A. Section Includes: Basketball pole and backboard
910-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 901-1.3 Closeout Submittals
A. Maintenance Data: For Basketball pole and backboard level, to include maintenance manuals.

PART 2 – PRODUCTS
910-2.1 Basketball pole and backboard

1. MANUFACTURER: Douglas Hoops
a. Manufacturer: Douglas Hoops
i. Address: 3441 S. 11th Avenue, Eldridge, IA 52748
ii. Phone: 1-800-553-8907
iii. www.douglas-hoops.com/

2. MODEL NO: 656 Max – 42” X 72” Clearview Backboard
b. Colors: Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.
i. Pole color: Black
ii. Backboard: Clear
A. Basketball pole and backboard to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

PART 3 – EXECUTION
910-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected.

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Packet Pg. 262 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 34 910-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated. Complete field assembly of Basketball pole and backboard where required.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed.

C. Install Basketball pole and backboard level, plumb, true, and securely anchored, and positioned at locations indicated on Plans.

D. Install all Basketball pole and backboard on concrete bases and anchors per manufacturer’s recommendations.
910-3.3 Measure and Payment
Payment for “Furnish and Install Basketball pole and backboard” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor. 911 BASKETBALL COURT SURFACE COATING

GENERAL
A. Plans and general provisions of the Contract, including Special Provisions, apply to this Section. 911-1.1 Summary
A. Section Includes: Basketball Court Surface Coating
911-1.2 Action Submittals
A. Product Data: For each type of product for final approval by Engineer B. Samples: For each exposed product and for each color and texture specified for approval by Engineer.

C. Product Schedule: For site furnishings. Use same designations as indicated on Drawings. 901-1.3 Closeout Submittals
A. Maintenance Data: For Basketball Court Surface Coating to include maintenance manuals.

PART 2 – PRODUCTS
911-2.1 Basketball Court Surface Coating

1. MANUFACTURER: ATSports.
a. Manufacturer: ATSports.com
i. Address: 2660 Easterly Place Decatur, GA 30035
ii. Phone: 770-734-3000
iii. www.ATSports.com

2. MODEL NO: Acrytech Sports Surfaces
c. Colors: Player’s Choice Colors. Contractor to submit color samples for final approval by the City prior to manufacturing/ordering.

A. Basketball Court Surface Coating to be considered as equal to those specified herein and per plans shall be approved by the Engineer, in writing, at least ten working days prior to the project bid date.

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Packet Pg. 263 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 35 PART 3 – EXECUTION
911-3.1 Examination
A. Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finish grade, mounting surfaces, installation tolerances, and other conditions affecting performance of the Work.

B. Proceed with installation only after unsatisfactory conditions have been corrected. 911-3.2 Installation, General
A. Comply with manufacturer’s written installation instructions unless more stringent requirements are indicated.

B. Unless otherwise indicated, install site furnishings after landscaping and paving have been completed. 911-3.3 Measure and Payment
Payment for “Furnish and Install Basketball Court Surface Coating” shall be made at the contract unit price as shown on the Bid Schedule and shall include full compensation for all labor, materials, tools, equipment, mounting, site furniture and accessories, incidentals, and for doing all work involved in furnishings and installing the site furniture as shown on the Plans, as specified in these Special Provisions, and as directed by the Engineer and no additional payment will be made therefor.

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Packet Pg. 264 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 36 APPENDIX A GEOTECHNICAL REPORT

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Packet Pg. 265 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Nicklaus Engineering, Inc. 1851 W. 24th St., Ste. 101 Yuma, AZ 85364 Ph: (928) 344-8374 Fax: (928) 726-6994 www.neiaw.com
City of El Centro
Buena Vista Park Project
SWC 8th Street and Manuel A. Ortiz Avenue
El Centro, California
NEI JOB NO: 022-0025
September 2022
LIMITED GEOtEchNI cA l INVESTIGATION REPORT
prepared for:

CITY OF EL CENTRO

COMMUNITY SERVICES

DEPARTMENT

ECONOMIC DEVELOPMENT

DIVISION
1249 W. MAIN STREET
EL CENTRO, CA 92243
prepared by:
nicklAus engineering, inc.
1851 W. 24th st., suite 101
yumA, Az 85364
Nicklaus Engineering, Inc. Nicklaus Engineering, Inc.

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Packet Pg. 266 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
1 September 6, 2022
City of El Centro
Community Services Department
Economic Development Division
1249 W. Main Street
El Centro, California 92243
Attention: Ms. Stacy Mendoza, Economic Development Manager Reference: Limited Geotechnical Investigation Report
Buena Vista Park Project
SWC of 8th Street and Manuel A. Ortiz Avenue
El Centro, California
Nicklaus Job No. 022-0025
Dear Ms. Mendoza,
In accordance with your request, Nicklaus Engineering, Inc. (Nicklaus) has performed a limited geotechnical investigation of the underlying soil conditions for the above referenced project. The purpose of this investigation is to provide geotechnical engineering recommendations pertinent to the proposed development of the Buena Vista Park project. This report provides the findings from our subsurface exploration and laboratory testing at the subject property, an interpretation of the geologic and geotechnical conditions encountered, the results of engineering analyses, and conclusion and recommendations pertaining to the geotechnical aspects of design and construction. The project site is suitable for development of the project provided the engineering recommendations presented in this report are incorporated into the design and construction of the project.

It is our recommendation that a copy of this report be given to the Contractor and Structural Engineer, and this report be referenced in the project plans and specifications.

Sincerely,
Nicklaus Engineering, Inc.

Mohammad Joolazadeh, P.E., G.E. Craig Chase, P.G., C.E.G.

Senior Geotechnical Engineer Senior Engineering Geologist

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Packet Pg. 267 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
2 TABLE OF CONTENTS

1. INTRODUCTION.................................................................................................................................................... 3

1.1. GENERAL ........................................................................................................................................................ 3

1.2. PROJECT LOCATION AND DESCRIPTION......................................................................................................... 3

2. FIELD INVESTIGATION........................................................................................................................................... 4

3. LABORATORY TESTING ......................................................................................................................................... 4

4. SITE AND SOIL CONDITIONS ................................................................................................................................. 5

5.GROUNDWATER OBSERVATIONS & CONSIDERATIONS ........................................................................................ 5

6. ENGINEERING RECOMMENDATIONS.................................................................................................................... 6

6.1. SEISMIC DESIGN PARAMETERS ...................................................................................................................... 6

6.2. EARTHWORK.................................................................................................................................................. 7

6.3. SITE CLEARING AND DEMOLITION ................................................................................................................. 7

6.4. REMEDIAL GRADING AND SITE PREPARATION................................................................................................ 8

6.4.1. IMPORT SOIL AND SELECT BACKFILL MATERIAL............................................................................................. 9

6.5. SURFACE DRAINAGE.......................................................................................................................................... 9

6.6. FOUNDATION RECOMMENDATIONS..............................................................................................................10

6.6.1. FOUNDATIONS FOR ANCILLARY BUILDINGS................................................................................................. 10

6.6.2. LIGHT POLE AND FENCE FOUNDATIONS ......................................................................................................11

6.6.3. SLOPES .........................................................................................................................................................11

6.6.4. FOOTING SETBACKS .....................................................................................................................................11

6.5 RETAINING WALLS (IF PROPOSED)...............................................................................................................12

6.6 CONCRETE SLABS AND HARDSCAPE.............................................................................................................13

6.7 UTILITY TRENCHES .......................................................................................................................................14

6.8 CORROSION POTENTIAL...............................................................................................................................14 7 RISK, LIMITATIONS AND OTHER CONSIDERATIONS............................................................................................15 ATTACHMENTS.......................................................................................................................................................16 PLATES:

PLATE A – VICINITY MAP
PLATE B – LOCATION MAP
PLATE C – BOREHOLE LOCATION MAP

BORING LOG
LABORATORY REPORTS:

GRAIN SIZE DISTRIBUTION REPORTS

ATTERBERG LIMITS REPORTS

MODIFIED PROCTOR / MOISTURE DENSITY RELATIONSHIP REPORT

CORROSION TESTING REPORT

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Packet Pg. 268 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
3 1. INTRODUCTION

1.1. GENERAL
Contained within this report are the results of our limited geotechnical study for the proposed development of the Buena Vista Park project located in the City of El Centro, California. The purpose of our study was to investigate the underlying soil conditions at the site and provide engineering recommendations for earthwork operations and other related activities. Our field efforts included advancement of a single, hollow stem auger (HSA) exploratory boring (designated BH-1) within the area for the proposed concrete basketball court at the subject development property. The exploratory boring was conducted to acquire information on the subsurface conditions. Field data collected, along with laboratory test results, were analyzed to develop design recommendations for the project.

This geotechnical investigation has been conducted in general accordance with accepted geotechnical engineering principles and in general conformance with the approved proposal and cost estimate for the project by Nicklaus, dated November 17, 2021, and the approved City of El Centro - Task Order 1, dated February 8, 2022.

1.2. PROJECT LOCATION AND DESCRIPTION
Based on the information provided by the Client (Buena Vista Park Conceptual Site Plan, dated July 13, 2020) and a review of Google Earth™ online imagery, the subject property covers an area of approximately 8-acres at the southwest corner of 8th Street and Manuel A.

Ortiz Avenue within the City of El Centro (Plate A, Vicinity Map – Attachments). The rectangular-shaped property is bounded by Manual A. Ortiz Avenue on the north, 8th Street (South Clark Road) on the east, Fieldview Avenue on the south, and existing single-family residential development (Riverview Avenue cul-de-sac) on the west. It is our understanding that the subject relatively flat, undeveloped, rectangular park site has an average ground surface elevation of approximately 33 feet below mean sea level and is currently used as a stormwater detention basin. The ground surface elevation of the stormwater detention basin is approximate 4 to 5 feet lower than the surrounding ground surface. The subject site has an approximate geographic coordinate of 32.7621 degrees North latitude and 115.56207 degrees West longitude (Plate B, Location Map – Attachments).

We understand that as part of the proposed development, the city will construct a public park (Buena Vista Park) within a portion of the existing 8-acre stormwater detention basin.

Approximately the western one-third of the existing stormwater retention basin is planned to be developed as the public park (2.38-acres) while the eastern two-thirds of subject property will remain as a stormwater detention basin. The planned park facilities include a

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Packet Pg. 269 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
4 basketball court, playground, a concrete multipurpose trail/sidewalks, benches, light fixtures, water fountains, trash receptacles, perimeter fencing and landscaping consisting of a low mow turf green area, drought tolerant trees and low water use plants. The planned concrete slab basketball court will be located in the southwestern portion of the park site accessible from Fieldview Avenue. The proposed concrete slab for the basketball court covers an area of approximately 104’ x 70’ (7,280 square feet). Additionally, we understand the finished grade elevation of the park site will be approximately level with the surrounding ground surface elevations.

It is our understanding that the geotechnical engineering information resulting from this investigation will be used for the design of the proposed site improvements. No further information is known at this time.

2. FIELD INVESTIGATION
One (1) hollow stem auger (HSA) exploratory boring (BH-1) was advanced within the proposed concrete basketball court footprint on March 23, 2022. The exploratory boring was advanced to a depth of approximately 16.5 feet below the existing ground surface (bgs) (Plate C, Borehole Location Map – Attachments).

The boring was advanced utilizing a truck-mounted CME-45B drill rig to the maximum explored depth. Soil samples were obtained at approximate 5-foot (or less) intervals using either a modified California sampler or Standard Penetration Test (SPT) sampler. The number of blows required to advance the samplers twelve (12) inches, after an initial six (6) inch seating, were noted on the boring log. Bulk soil samples were obtained from the auger cuttings.

The depth of the exploratory boring below ground surface is shown in Table 1.

TABLE 1: SCHEDULE OF BOREHOLES

LOCATION DESIGNATION DEPTH (FT)
New Basketball Court BH-1 16.5

3. LABORATORY TESTING
Samples were recovered from the split spoon SPT and ModCal samplers and from bulk samples of the soil cuttings for laboratory analysis, as described in Section 2 of this report.

Dry preparation of the soil samples was conducted in accordance with ASTM D421. The laboratory testing program consisted of the following:

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Packet Pg. 270 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
5 TABLE 2: SCHEDULE OF LABORATORY TESTS

TEST NUMBER OF TESTS ASTM OR CA STANDARD
Particle Size Analysis 2 ASTM D6913
Atterberg Limits 2 ASTM D4318
Modified Proctor 1 ASTM D1557A
Moisture Content of Soil 5 ASTM D2216
pH 1 CT 643
Minimum Resistivity, Box 1 CT 643
Soluble Sulfates 1 CT 417
Soluble Chlorides 1 CT 422
Soil classification was conducted in accordance with ASTM D2487.

4. SITE AND SOIL CONDITIONS
The soil profile generally consists of an approximately 0.5-foot-thick layer of loose fill/sediment at the surface composed silty sand (USCS Classification SM). Below a depth of

0.5 feet, the soil profile consisted of alluvial soils composed of silty or sandy clay (USCS Classification CL) and fat clay (USCS Classification CH) to the maximum explored depth of

16.5 feet below the ground surface.

There was no indication of foreign substances during drilling operations. No inorganic or organic matter, no variable soil discoloration, and no contamination odors (organics or hydrocarbons) were present within the test borings or auger returns.

For additional information regarding the borehole see attached boring log in the Attachments.

5. GROUNDWATER OBSERVATIONS & CONSIDERATIONS
Static groundwater was encountered at a depth of approximately 16 feet below the ground surface within the exploratory boring during our subsurface exploration of the site to a maximum explored depth of 16.5 feet below ground surface (bgs). Additionally, it should be noted that fluctuations in groundwater level may result from variations in the ground surface topography, subsurface stratification, precipitation, irrigation and other factors that may not have been evident at the time of our subsurface exploration.

Generally, wet, and saturated soil conditions were encountered during our subsurface exploration of the site to a depth explored. Since it is anticipated that final grade elevations

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Limited Geotechnical Investigation
NEI Job No. 022-0025
6 will be approximately 4 to 5 feet higher than the existing ground surface, it is not anticipated that it will be necessary for the Contractor to provide groundwater control during earthwork and construction at the project site.

6. ENGINEERING RECOMMENDATIONS
The conclusions and design recommendations presented herein for the development of the proposed new park site and associated construction are based on our current understanding of the proposed project and results of the field investigation, laboratory testing, and professional judgment.

Safety of the construction site is the responsibility of the Contractor. The information contained herein does not infer that Nicklaus is assuming responsibility for any construction site safety. All excavations shall comply with all local, state, and federal regulations, which include Occupational Safety and Health Association (OSHA) requirements. Based on the samples collected and tested, the existing site soils are considered to be Type C soils when applying OSHA regulations.

6.1. SEISMIC DESIGN PARAMETERS
The project area will likely be subject to moderate to severe ground shaking in response to a distant large-magnitude earthquake occurring during the expected life of the proposed facilities. The table below presents the seismic design coefficients based on the 2019 California Building Code (CBC) and ASCE 7-16. These parameters are developed in the code, based on Risk-Targeted Maximum Considered Earthquake (MCER) ground motion response accelerations.

TABLE 3: 2019 CBC/ASCE 7-16 SEISMIC COEFFICIENTS
Parameter Value Reference
Site Class D -
Stiff ASCE 7-16, Table 20.3-1
Mapped Spectral Acceleration - Short Period, Ss (g) 1.5 2019 CBC Figure 1613.3.1(1)1 Mapped Spectral Acceleration - 1 Sec. Period, S1 (g) 0.6 2019 CBC Figure 1613.3.1(2)1 Site Coefficient - Short Period, Fa 1.0 2019 CBC Table 1613.3.3(1)1 Site Coefficient - 1 Sec. Period, Fv 1.7 *2019 CBC – See Section 11.4.8 MCE2 Spectral Response Acceleration - Short Period,
SMS (g) 1.5 2019 CBC Equation 16-37, SMS=FaSS
MCE2 Spectral Response Acceleration - 1 Sec. Period, 1.02 *2019 CBC – See Section 11.4.8

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Packet Pg. 272 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
7 Parameter Value Reference
SM1 (g)
Design Spectral Response Acceleration - Short Period,
SDS (g) 1.0 2019 CBC Equation 16-39,
SDS=2/3*SMS
Design Spectral Response Acceleration - 1 Sec. Period,
SD1 (g) 0.68 *2019 CBC – See Section 11.4.8
Notes:

1. *Assumes exemption from ASCE 7-16, Section 11.4.8 of utilizing ELF method applies.

2. Calculated using https://hazards.atcouncil.org/#/, accessed April 2022.

3. MCE – Maximum Considered Earthquake.

4. Site coordinates estimated from ‘Google Earth’ computer program used to evaluate coefficients: 32.76171; - 115.56283.

6.2. EARTHWORK
Site earthwork will generally consist of demolition of existing site features, site grading and engineered fill placement to construct a relatively level building pad, foundation excavations, and backfill of utility trenches. Fill is defined as meeting the material, placement, and compaction recommendations presented in this report. Earthwork should be performed in accordance with the recommendations of this report, City of El Centro and Imperial County, and Occupational Safety and Health Administration (OSHA) safety requirements.

It is expected that the excavation and grading of the proposed site may be completed utilizing conventional excavating and grading equipment. With a site visit by the contractor in conjunction with information contained herein this report, a determination of the necessary and appropriate equipment for the site work can be made.

6.3. SITE CLEARING AND DEMOLITION
Existing utilities should be properly terminated and removed completely from the proposed development area. General debris, construction debris, and vegetative matter in the project area should be cleared and properly disposed off-site. Due to the current site uses, this site may have unseen obstacles below ground surface. All unsuitable material should be removed from the site and disposed of properly. When excavations deeper than five feet are made, temporary construction slopes should be no steeper than 1:1 (horizontal to vertical). Temporary construction slopes, sheeting and bracing should be provided by the contractor as necessary to protect workers in the excavations. Where

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Packet Pg. 273 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
8 excavations undermine existing improvements, temporary structural support should be provided to reduce risk of damage resulting from undercutting. Permanent cut and fill slopes should not be constructed steeper than 2:1. A properly designed toe drain should be installed at the toe of any descending slope planned around the structure.

6.4. REMEDIAL GRADING AND SITE PREPARATION
Based on the existing information, it is understood the site grades will be raised on the order of 4 to 5 feet. Prior to the start of grading operations, the existing fill and loose surficial soils should be removed to the contact with firm natural deposits. A minimum of 12 to 18 inches of removal should be anticipated. Following removal of the upper soils, the bottom of the resulting excavation(s) should be observed by a representative of this office to check that unsuitable materials have been sufficiently removed. This remedial earthwork should extend at least five feet beyond the area to receive fill or equal to the vertical depth of fill measured horizontally (whichever is greater). After removal of the unsuitable soils and observation of the excavation bottoms, the exposed competent removal bottom should be scarified, moisture conditioned and re-compacted to minimum 90 percent of the maximum dry density as determined by ASTM D1557.

Due to the high levels of natural moisture content and the clayey nature of the soils encountered at the site, it is anticipated that soils will exhibit “pumping” or yielding during grading operations. To remedy this condition and to stabilize the yielding subgrade soils, especially within the bottom of the removal areas of the proposed Basketball Court, placement of a stabilization fabric or geogrid is highly recommended. Geo-grid such as Tensar TX-5 (or equivalent) may be utilized for these areas. Uniform sized, ¾- to 2-inch crushed rock should be placed over the stabilization fabric or geo-grid. A 12-inch-thick section of crushed rock will typically be necessary to stabilize yielding ground. A filter fabric should be placed over the crushed rock to prevent migration of fines into the rock and subsequent settlement of the overlying fill. Fill soils, which should be placed and compacted in accordance with the recommendations presented herein, should then be placed over the filter fabric until design finish grades are reached. The crushed rock and stabilization fabric or geo-grid should extend at least 5 feet laterally beyond the limits of the treatment areas. These operations should be performed under the observation and testing of a representative of this office to evaluate the effectiveness of these measures and to provide additional recommendations for mitigation, as necessary.

Based on our review of the preliminary grading plan, it is our understanding that the site grades will be raised on the order of 4 to 5 feet. Therefore, it appears that import soils will

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Packet Pg. 274 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
9 be required. The earthwork contractor should ensure that all proposed fill materials are approved by the Geotechnical Engineer prior to use. Representative soil samples should be made available for testing at least ten (10) working days prior to hauling to the property to allow for laboratory tests. Import fill soils (if planned), should conform to the following specifications:

6.4.1. IMPORT SOIL AND SELECT BACKFILL MATERIAL
The import fill and select backfill material should be free of remnants of construction debris, organic (less than 2 percent by weight) and other perishable material and should meet the following criteria:
a. Maximum particle size………………………………………………………3 inch
b. Maximum Liquid Limit (LL)…………………………………………………..20%
c. Maximum Plasticity Index (PI)………………………………………………10%
d. Maximum percentage passing No. 200 sieve……………………….30% e. Maximum Expansive Index (EI)……………………………………………….50
(ASTM D-2849)
f. Maximum Sulfate Concentration………………………………..1,000 ppm

6.5. SURFACE DRAINAGE
The foundation recommendations discussed herein are not designed to resist soil movement due to poor drainage conditions. Surface drainage should be planned to prevent ponding and promote the drainage of surface water away from structures (i.e., foundations, slabs, edges of pavements and sidewalks), and towards suitable collection and discharge facilities. Paved and aggregate-surfaced areas should be sloped to drain water away from structures and pavements at a minimum gradient of one (1) percent for a minimum of five (5) feet, and unpaved areas should be finish graded with a minimum slope of two (2) percent away from structures for a minimum of ten (10) feet from structures. Stormwater collected by roof drainage systems should be discharged at suitable locations away from the structures to reduce the possibility of saturation of foundation soil. Even when these measures are taken, experience has shown that a surface-water condition can develop in areas where no such water condition existed before site development. The soil at the project site is susceptible to erosion, therefore proper drainage conditions should be maintained over the life of the project. Measures to mitigate off-site flow onto the proposed project site should be designed for the purposes of preventing both erosion and ponding onsite.

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Packet Pg. 275 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
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NEI Job No. 022-0025
10 6.6. FOUNDATION RECOMMENDATIONS
In the event that plans concerning the proposed improvements are revised for the project, conclusions and recommendations contained in this report should not be considered valid unless they are reviewed, revised and/or approved in writing by this office. The foundation recommendations provided herein are based on the soil materials near finish grade possessing a low expansion potential (EI <50).

6.6.1. FOUNDATIONS FOR ANCILLARY BUILDINGS
The proposed improvements can be supported on conventional continuous or isolated spread footings bearing upon properly compacted fill materials. In preparation for foundation construction, the earthwork contractor should ensure that the site has been prepared as recommended, and that field density tests have been performed to adequately document the relative compaction of the structural fill.

Conventional foundations can be designed to impose dead plus long-term live load bearing pressures of 1,500 pounds per square foot (psf). The allowable foundation bearing pressure is for footings having a minimum width of 18-inches and a minimum depth of 24-inches embedment below the lowest adjacent soil grade. The allowable soil bearing pressure can be increased by one-third when considering transient loads of short duration, such as wind or earthquake loads.

Horizontal loads acting on foundations and stem walls cast in open excavations against properly placed and compacted fill will be resisted by friction acting along the base of the footing and by passive earth pressures against the side of the footing and stem walls. The frictional resistance acting along the base of footings founded on suitable foundation soils may be computed using a coefficient of friction equal to 0.25 with the normal dead load. Passive earth pressures acting against the side of footings and stem walls may be assumed to be equivalent to a fluid weighing 150 pounds per cubic foot.

Passive pressure in the upper 1.0-foot should be neglected unless confined by concrete slabs-on-grade or asphalt concrete pavement. The values given above may be increased by one-third for transient wind or seismic loads.

Total settlement based on the remedial grading recommendations and maximum recommended allowable bearing pressure is anticipated to be less than 1 inch.

Differential settlements between adjacent footings are expected to be approximately half the estimated total settlements.

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NEI Job No. 022-0025
11 6.6.2. LIGHT POLE AND FENCE FOUNDATIONS
Support for light poles, fences, and other similar features could utilize drilled pile foundations deriving their support from underlying properly compacted fill and natural deposits. The load carrying capacity of drilled piles will be developed through skin friction only, acting over the surface area of the piles in underlying firm materials. In determining the pile capacity, end bearing should be ignored. However, the weight of the pile may be assumed to be carried in end bearing. An allowable skin friction of 150 pound per square foot (psf) for gravity loads may be assumed. The allowable vertical compression capacities may be increased by 33 percent to accommodate temporary loads such as from wind or seismic forces. The allowable vertical pile capacities are based on the supporting capacities of the underlying firm soils. The structural capacity of the piles should be checked. For sustained tension loads, 50 percent of the compression capacities should be used. Piles should be spaced at least three diameters apart. The vertical load carrying capacities within the upper 2 foot of piles should be ignored where the soil is not confined by the slabs or pavement. Minimum 18 –inchdiameter with minimum 5-feet embedment piles is recommended.

It is estimated that settlement of the proposed piles will be less than ½ inch. Lateral loads can be resisted by an allowable passive resistance (equivalent fluid pressure) of 150 pcf (with a maximum allowable value of 1,500 psf). The upper 2 foot of passive resistance should be neglected where the soil is not confined by the slabs or pavement. Design of isolated piles could utilize CBC, Section 1807A-3 design method.

For piles located adjacent to or on slope, the vertical and lateral capacities of the pile within the 10-foot horizontal distance to descending slope face should be ignored.

6.6.3. SLOPES
Permanent slopes should be constructed at an inclination of 2:1 H: V or flatter. Faces of fill slopes should be compacted either by rolling with a sheep-foot roller or other suitable equipment, or by overfilling and cutting back to design grade. All slopes are susceptible to surficial slope failure and erosion. Water should not be allowed to flow over the slopes. Additionally, slopes should be planted with vegetation that will reduce the potential for erosion.

6.6.4. FOOTING SETBACKS
All footings should maintain a minimum 10-foot horizontal setback from the base of the footing to any descending slope (if existing onsite). This distance is measured from the outside footing face at the bearing elevation. Footings should maintain a minimum

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12 horizontal setback of H/3 (H=slope height) from the base of the footing to the descending slope face and no less than 10 feet, or greater than 40 feet.

6.5 RETAINING WALLS (If Proposed)
The design parameters provided below assume that non-expansive soils (EI<50, Section 6.4.1) are used to backfill any retaining walls. If expansive soils are used to backfill the proposed walls, increased active and at-rest earth pressures will need to be utilized for retaining wall design and may be provided upon request. Building walls below grade should be waterproofed or damp-proofed, depending on the degree of moisture protection desired. The foundation system for the retaining walls should be designed in accordance with the recommendations presented in the preceding sections of this report, as appropriate.

The design active earth pressure on a retaining wall may be considered equivalent to that produced by a fluid weighing 45 pounds per cubic foot (pcf). This design equivalent fluid pressure of 45 pcf is appropriate for cantilevered walls retaining non-expansive granular soils with a level ground surface, subject to lateral deflection at distances above grade due to lateral earth pressures. Restrained walls (i.e., basement walls and re-entrant corners within cantilevered walls) with a level granular backfill should be designed for an equivalent fluid pressure of 65 pcf for at-rest conditions. If backfill conditions (including the slope of the retained ground surface) differ from those assumed herein, this office should be consulted to provide additional evaluation and/or recommendations as warranted. A safety factor for sliding and overturning of 1.5 is typically incorporated into the design of a cantilevered structure as described herein. All retaining structures should be fully free draining.

For resistance to lateral loads, an allowable coefficient of friction of 0.25 between the base of the foundation elements and underlying material is recommended. In addition, an allowable passive resistance equal to an equivalent fluid weighing 150 pcf acting against the foundation may be used to resist lateral forces. Passive pressure in the upper 1-foot should be neglected unless confined by concrete slabs-on-grade or asphaltic pavement. These values may be increased by one-third for transient wind or seismic loads.

Adequate drainage should be provided behind all retaining walls. The drainage system should consist of a minimum of four-inch diameter perforated PVC pipe (schedule 40 or approved equivalent) placed at the base of the retaining wall and surrounded by ¾-inch clean crushed rock wrapped in a Mirafi 140N filter fabric, or equivalent approved by the Geotechnical Engineer. The drain rock wrapped in fabric should be at least 12-inches wide and extend from the base of the wall to within two feet of the ground surface. The upper two feet of backfill

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13 should consist of compacted native soil. The retaining wall drainage system should be sloped to outfall to the storm drain system or other appropriate facility.

6.6 CONCRETE SLABS AND HARDSCAPE
Concrete slabs and hardscape should be supported on select fill with low expansion potential (EI<50, Section 6.4.1). A modulus of subgrade reaction of 100 pounds per cubic inch (pci) can be assumed for design of slabs and hardscape. The subgrade should be proof rolled prior to placing the concrete slabs and hardscape. The slab thickness and steel reinforcement should be designed by project structural engineer for the anticipated loads.

However, as a minimum it is recommended that slab-on-grade concrete be constructed with a minimum thickness of 5 inches and minimum steel reinforcement of #4 bars at 12 inches on center each way. We recommend that isolation joints be provided in where slabs abut walls or columns. Isolation joints should be designed to separate the floor from the abutting element, to allow each part to move independently. Crack control or expansion/contraction joints should be provided at spacing appropriate for the slab thickness and the maximum concrete aggregate size but should be provided at regular intervals not exceeding approximately 10 feet, each way.

Concrete slabs should be underlain by a minimum of four (4) inches of clean (less than 5% passing the No. 200 sieve), coarse sand and/or crushed rock. Special care should be taken by the contractor so that a uniform thickness of sand/crushed rock is maintained to achieve uniformity in the concrete slab thickness. A vapor barrier over the sand/crushed rock should be considered in areas where the migration of moisture through the floor slab would be detrimental, such as the basketball court slab. The vapor barrier should comply with the requirements of ASTM E1745 (Class “A”) and should be installed in accordance with ASTM E1643. To protect the vapor barrier from punctures during placement, it can be sandwiched between two layers of 2-inch thick, clean sand. However, the current ACI recommendation is to place concrete directly over the vapor membrane. Depending upon the planned floor coverings, the project architect shall make the final decision with regard to this issue. It is strongly recommended that the project architect review the ACI requirements presented in ACI 302.IR04 (Guide for Concrete Floor and Slab Construction). The vapor barrier should be at least 15-mil thick and should be sealed at all splices, around the plumbing, and at the perimeter of slab areas. Every effort should be made to provide a continuous barrier and care should be taken not to puncture the membrane.

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Packet Pg. 279 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
14 6.7 UTILITY TRENCHES
Utilities should be placed above and outside the envelope defined by 2:1 (horizontal to vertical) lines drawn outward and down from the bottom edge of foundations. Trench zone backfill is defined as material placed in a trench starting six (6) inches above the pipe, and pipe zone backfill is all material placed in a trench below the trench zone backfill. Pipe zone backfill should conform to the recommendations presented in this report, and unless concrete bedding is required around utility pipes, free-draining clean sand should be used as bedding. Compaction of backfill by water jetting should not be permitted.

All pipe zone and trench zone backfill for pipes, including those within the structure, shall be verified by tests and compacted to a minimum of 90% of ASTM D 1557 at ±2% of optimum moisture content. The pipe zone backfill shall be tested in lifts no greater than six (6) inches. Trench zone backfill shall be moisture conditioned and compacted in maximum eight (8) inch lifts in accordance with ASTM D1557 at ±2% of optimum moisture content.

6.8 CORROSION POTENTIAL
The results of the corrosion testing performed for this investigation are presented along with the geotechnical laboratory test data results. The results of the tests indicate the water-soluble sulfate content and chloride content of the soil were 813 parts per million (ppm) and 5,207 ppm, respectively. In addition, test results also indicated pH was 7.6 (slightly alkaline) and minimum resistivity was 87 ohm-cm (very severe).

Sulfate contents in this range are generally considered to be low with respect to potential for sulfate attack of concrete in accordance with Table 4.2.1 of the 2011 American Concrete Institute Manual. Chloride contents in this range are generally considered to be very severe with respect to potential for chloride attack. We recommend Type V cement with maximum

0.45 water to cement ratio be used with the recommended additives by the design engineer to curb the potential effects of corrosion. We recommend that for design purposes metallic utility piping and conduits should be designed for a corrosive environment.

TABLE 4: CORROSION POTENTIAL GENERAL GUIDELINES

MATERIAL AFFECTED CHEMICAL AGENT AMOUNT IN SOIL (PPM) DEGREE OF

CORROSIVITY
CONCRETE Soluble Sulfates
0 - 1,000 Low
1,000 – 2,000 Moderate
2,000 – 20,000 Severe
>20,000 Very Severe

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Packet Pg. 280 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
15 MATERIAL AFFECTED CHEMICAL AGENT AMOUNT IN SOIL (PPM) DEGREE OF

CORROSIVITY
NORMAL GRADE STEEL Soluble Chlorides
0 – 200 Low
200 – 700 Moderate
700 – 1,500 Severe
>1,500 Very Severe

MATERIAL AFFECTED CHEMICAL AGENT AMOUNT IN SOIL (PPM) DEGREE OF

CORROSIVITY
NORMAL GRADE STEEL Resistivity
1 – 1,000 Very Severe
1,000 – 2,000 Severe
2,000 – 10,000 Moderate
>10,000 Low
If necessary, the above results should be reviewed by a professional corrosion protection designer so that a site-specific protection recommendation can be formulated. 7 RISK, LIMITATIONS AND OTHER CONSIDERATIONS
The conclusions and recommendations made in this report are based upon the assumption that the soil conditions do not deviate appreciably from those disclosed by the test boring. If variations are encountered during construction, the Soil Engineer should be notified so that he may make supplemental recommendations if this should be required.

Evaluations and utilization of the soil materials for the support of the proposed structure includes the subsurface conditions, analysis, formulation of recommendations and inspections during grading. This soil investigation is not complete until the Soil Engineer has been able to examine the soil in the excavations so that he may make the necessary modifications as needed. We emphasize the importance of Nicklaus continuing their services through the inspection of grading, including construction of fill and foundation excavation.

All testing should be performed in accordance with the current ASTM Standards and a certified, materials testing laboratory shall perform these tests to verify compaction density and concrete strengths. Should off-site fill be used, samples of the import material must be submitted for testing, evaluation, and approval by a certified laboratory.

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Packet Pg. 281 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) Buena Vista Park Project
Limited Geotechnical Investigation
NEI Job No. 022-0025
16 ATTACHMENTS

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Packet Pg. 282 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid)

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Packet Pg. 283 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid)

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Packet Pg. 284 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid)

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Packet Pg. 285 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) CLIENT City of El Centro
PROJECT NUMBER 022-0025
PROJECT NAME Buena Vista Park
PROJECT LOCATION El Centro, CA

ABBREVIATIONS
TV
PID
UC
ppm
-
-
-
-

TORVANE

PHOTOIONIZATION DETECTOR

UNCONFINED COMPRESSION

PARTS PER MILLION
LIQUID LIMIT (%)
PLASTIC INDEX (%)
MOISTURE CONTENT (%)

DRY DENSITY (PCF)

NON PLASTIC
PERCENT PASSING NO. 200 SIEVE

POCKET PENETROMETER (TSF)
LL
PI
W
DD
NP
-200
PP
-
-
-
-
-
-
-
Auger Cuttings
Modified California Sampler
Standard Penetration Test

LITHOLOGIC SYMBOLS SAMPLER SYMBOLS
(Unified Soil Classification System)
CH: USCS High Plasticity Clay
CL: USCS Low Plasticity Clay
SM: USCS Silty Sand

WELL CONSTRUCTION SYMBOLS

KEY TO SYMBOLS
Water Level at Time
Drilling, or as Shown
Water Level After 24
Hours, or as Shown
Water Level at End of
Drilling, or as Shown KEY TO SYMBOLS - GINT STD US LAB.GDT - 5/5/22 10:06 - N:\2022\022-0025.00001 BUENA VISTA PARK PROJECT\08 GEOTECHNICAL\GEOTECHNICAL REPORT\022-0025 BUENA VISTA PARK.GPJ Nicklaus Engineering
1851 W. 24th Street
Yuma, Arizona 85364
Telephone 928-344-8374
Fax 928-726-6994

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Packet Pg. 286 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) AU
MC
1 SPT
2 MC
3 SPT
4 MC
5 30
60 70
100
90 9-10-10
(20)
2-2-4
(6)
4-5-9
(14)
2-2-3
(5)
4-5-7
(12)
12 24
20 26
21 57
45 20
19 95
92 FILL/SEDIMENT (0 to 0.5 ft.)
Silty SAND (SM) - grayish-brown, dry to wet, loose, very fine to medium-grained, trace coarse-grained, minor gravel.

ALLUVIUM (Qal) (0.5 to 16.5 ft.)
Silty CLAY (CL) - brown, moist to very moist, stiff to very stiff, minor sand, trace oxidation mottled, low to medium plasticity.

Silty CLAY (CL) - light brown mottled, very moist, medium stiff, waxy, low to medium plasticity, trace oxidation mottled.

Fat CLAY (CH) - light brown mottled, very moist, medium stiff, minor very fine to fine-grained sand, waxy, high plasticity, trace oxidation mottled.

Silty CLAY (CL) - light brown mottled, very moist, stiff, waxy, low to medium plasticity, minor very fine to fine-grained sand, trace oxidation mottled.

Sandy CLAY (CL) - light grayish-brown mottled, very moist, medium stiff, very fine to fine-grained sand, waxy, low to medium plasticity, trace oxidation mottled.

Silty CLAY (CL) - light grayish-brown mottled, very moist to wet, stiff, low to medium plasticity, oxidation mottled.

Bottom of borehole at 16.5 feet.
37 26
NOTES 32.76171, -115.56283
GROUND ELEVATION -33 ft

LOGGED BY CCC
DRILLING METHOD Hollow Stem Auger
DRILLING CONTRACTOR NEI GROUND WATER LEVELS:

CHECKED BY AA
DATE STARTED 3/23/22 COMPLETED 3/23/22
AT TIME OF DRILLING 16.00 ft / Elev -49.00 ft

AT END OF DRILLING --- AFTER DRILLING ---
HOLE SIZE 8 inches SAMPLE TYPE NUMBER RECOVERY % (RQD) BLOW COUNTS (N VALUE) DRY UNIT WT. (pcf) MOISTURE CONTENT (%) LIQUID LIMIT PLASTIC LIMIT FINES CONTENT (%)

ATTERBERG
LIMITS GRAPHIC LOG DEPTH (ft)
0 5
10 15
MATERIAL DESCRIPTION POCKET PEN. (tsf) PLASTICITY INDEX PAGE 1 OF 1
BORING NUMBER BH-1
CLIENT City of El Centro
PROJECT NUMBER 022-0025
PROJECT NAME Buena Vista Park
PROJECT LOCATION El Centro, CA GEOTECH BH COLUMNS - GINT STD US LAB.GDT - 5/3/22 19:45 - C:\USERS\CCHASE\DESKTOP\022-0025.00001 BUENA VISTA PARK PROJECT\06 TECHNICAL\01 - REPORTS\GEOTECHNICAL REPORT\022-0025 BUENA VISTA PARK.GPJ Nicklaus Engineering
1851 W. 24th Street
Yuma, Arizona 85364
Telephone 928-344-8374
Fax 928-726-6994

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Packet Pg. 287 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 0 5
10 15
20 25
30 35
40 45
50 55
60 65
70 75
80 85
90 95
100
100 10 1 0.1 0.01 0.001
PI Cc
20 19
57 45
LL PL Cu
37 26

GRAIN SIZE DISTRIBUTION

COBBLES GRAVEL

95.4 91.6

2.36 0.6
SAND

GRAIN SIZE IN MILLIMETERS
coarse fine
Light brown mottled fat CLAY (CH)
Light grayish-brown mottled sandy CLAY (CL)
Classification
D100 D60 D30 D10 %Gravel
BH-1
BH-1
coarse SILT OR CLAYmedium fine

5.0 10.0
%Sand %Silt %Clay

0.0 0.0

4.6 8.4

BOREHOLE DEPTH

BOREHOLE DEPTH
3 100

BH-1
BH-1
24 16 30

1 1/2 6 10 50 200
U.S. SIEVE OPENING IN INCHES U.S. SIEVE NUMBERS HYDROMETER 6 3 1.5 3/4 3/8 4 8 14 20 40 60 140

5.0 10.0 PERCENT FINER BY WEIGHT
CLIENT City of El Centro
PROJECT NUMBER 022-0025
PROJECT NAME Buena Vista Park
PROJECT LOCATION El Centro, CA GRAIN SIZE - GINT STD US LAB.GDT - 5/3/22 19:47 - C:\USERS\CCHASE\DESKTOP\022-0025.00001 BUENA VISTA PARK PROJECT\06 TECHNICAL\01 - REPORTS\GEOTECHNICAL REPORT\022-0025 BUENA VISTA PARK.GPJ Nicklaus Engineering
1851 W. 24th Street
Yuma, Arizona 85364
Telephone 928-344-8374
Fax 928-726-6994

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Packet Pg. 288 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 0 10
20 30
40 50
60 0 20 40 60 80 100
BH-1
BH-1
ML
CL
MH
CH
95 92

CL-ML
P
L
A
S
T
I
C
I
T
Y
I
N
D
E
X

LIQUID LIMIT
Fines Classification
57 45
20 19
Light brown mottled fat CLAY (CH)
Light grayish-brown mottled sandy CLAY (CL)

LL PL PI
37 26

ATTERBERG LIMITS' RESULTS

5.0 10.0

BOREHOLE DEPTH
CLIENT City of El Centro
PROJECT NUMBER 022-0025
PROJECT NAME Buena Vista Park
PROJECT LOCATION El Centro, CA ATTERBERG LIMITS - GINT STD US LAB.GDT - 5/3/22 19:46 - C:\USERS\CCHASE\DESKTOP\022-0025.00001 BUENA VISTA PARK PROJECT\06 TECHNICAL\01 - REPORTS\GEOTECHNICAL REPORT\022-0025 BUENA VISTA PARK.GPJ Nicklaus Engineering
1851 W. 24th Street
Yuma, Arizona 85364
Telephone 928-344-8374
Fax 928-726-6994

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Packet Pg. 289 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) 75 80
85 90
95 100
105
110
115
120
125
130
135
0 5 10 15 20 25 30 35 40 45

MOISTURE-DENSITY RELATIONSHIP
Optimum Water Content
Maximum Dry Density PCF
%

LL PL PI

TEST RESULTS
Test Method
DRY DENSITY, pcf
WATER CONTENT, %

ATTERBERG LIMITS
Curves of 100% Saturation
for Specific Gravity Equal to:

2.80 2.70

2.60 Source of Material
Description of Material
108.5

15.6 BH-1 0.5
Brown silty CLAY (CL)
ASTM D1557 Method A
CLIENT City of El Centro
PROJECT NUMBER 022-0025
PROJECT NAME Buena Vista Park
PROJECT LOCATION El Centro, CA COMPACTION - GINT STD US LAB.GDT - 5/3/22 19:46 - C:\USERS\CCHASE\DESKTOP\022-0025.00001 BUENA VISTA PARK PROJECT\06 TECHNICAL\01 - REPORTS\GEOTECHNICAL REPORT\022-0025 BUENA VISTA PARK.GPJ Nicklaus Engineering
1851 W. 24th Street
Yuma, Arizona 85364
Telephone 928-344-8374
Fax 928-726-6994

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Packet Pg. 290 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) NEI Geotechnical
Donald Murrietta
1851 W. 24th St.

Yuma, AZ 85364 Date Reported: 4/1/2022
Date Received: 3/25/2022
Project: 022-0025
Laboratory Analysis Report
PO Number: 0220025
Lab Number: 941209-1 Bulk, BH-1 (0'-3') Buena Vista Park Test Parameter Method Result Units Levels
CT 643 7.6 SU
CT 643 87 ohm-cm
CT 417 813 ppm
CT 422 5207 ppm
pH
Minimum Resistivity
Sulfate
Chloride
3540 E Corona Ave., Phoenix AZ 85040 602-454-2376 (Phone) 602-454-9243 (Fax) Page 1 of 1

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Packet Pg. 291 Attachment: 022-0025_Buena Vista Park_Specifications (6046 : Buena Vista Authorization to Go Out to Bid) City of El Centro
Buena Vista Park Project
Project Manual
August 2023

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Packet Pg. 292 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid)

CITY OF EL CENTRO

STATE OF CALIFORNIA

BUENA VISTA PARK 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 16-29
Faithful Performance Bond 30
Labor and Materials Bond 31
Workers' Compensation Insurance Certification 32
Drug and Alcohol Testing Requirements 33
Subcontractor's Listing 34-35
Noncollusion Affidavit 36
Corporate Certification or Partnership Information 37
Contractor's Certification of Qualification for License Classification 38 General Conditions 39-56
Supplementary General Conditions 57-61
Special Provisions 62
Exhibit A - California Public Contracts Code Section 9204 Exhibit B - State Prevailing Wage Rates

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Packet Pg. 293 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 2 INVITATION FOR BIDS

1. GENERAL INFORMATION
The City of El Centro (the “City") is inviting bids for the Buena Vista Park Project located at S. 8th Street & Fieldview Avenue, El Centro, California.

2. SCOPE OF WORK
The work involves all site work as marked in the approved set of plans to construct a new park at existing retention basin located at S. 8th Street and Fieldview Avenue. The work involves the construction of a playground, basketball court, open green space area and walking path collectively (the "Project").

3. PROJECT SCHEDULE
To be completed within one hundred eighty (180) calendar days after the issuance of a Notice to Proceed.

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

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

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

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

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

PLANS & SPECIFICATIONS:

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

PRE-BID MEETING: Bidders can attend a Mandatory Pre-Bid Meeting which will be conducted by the City's Construction Manager at 10 a.m. on __________________________2023. The meeting will be held at the City's Community Services Department Conference Room located at 1249 Main Street in El Centro. The object of the meeting is to acquaint bidders with the site conditions

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Packet Pg. 294 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 3 and mandatory bidding requirements. At that meeting the City's Equal Opportunity Program goals and reporting procedures will be discussed.

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

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

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

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

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

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

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

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

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

CONTRACTOR AND SUBCONTRACTOR REGISTRATION WITH CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS.

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

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Packet Pg. 295 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 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. 296 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 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. 297 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 6 PROPOSAL REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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Packet Pg. 298 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 7 5.1 Return of Bid Guaranty: Within ten (10) business days after the award of the contract, the City Council will return the bid guaranties accompanying the bids, which are not to be considered in making the award. All other bid guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose bids they accompany.

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

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

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

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

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

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

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

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

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Packet Pg. 299 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 8 The bond for material men and laborers shall be in an amount equal to not less than one hundred percent (100%) of the contract price. The form of bond required is attached to the form of contract below.

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

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

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

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

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

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

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

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Packet Pg. 300 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 9 (1) Contents and Requirements
A solicitation protest must be submitted to the contact named in the bid documents by personal delivery or email by close of business at least fifteen (15) calendar days prior to the Bid due date, and must contain all of the following to be considered:
a) The name, address, and telephone number of the protestor; and b) The Project Name and Project Number; and
c) A detailed statement setting forth the grounds for protest, which shall include all the factual and legal documentation in support of the protest in sufficient detail to establish the merits of the protest; and
d) The desired resolution to the protest.

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

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

B. Protest of Award
(1) Contents and Requirements
Following the opening of the Bids any unsuccessful Bidder may protest City's proposed award of the Contract by submitting a protest to the Community Services Director or designee no later than close of business on the on the fifth business day after the opening of bids. 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 or fact in support of the protest, including all documents and evidence including specific references to parts of the bid documents; and

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Packet Pg. 301 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 10 e) A clear statement of the relief requested.
f) All protests must be provided to the successful bidder and to all other bidders and the City at the same time as provided to the successful bidder.

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

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 or any other bidder may file responsive statements in support of or in opposition to the protest within three (3) business days after the receipt of the protest from City. The Community Services Director, or designee, shall review the facts and all submittals relative to the protest and shall issue a written decision setting forth the basis for such decision. The written decision will be issued to the protester and to all affected parties.

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

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

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

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

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

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

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

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

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

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

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Packet Pg. 302 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 11 4. The effect that implementing the remedy will have on the AGENCY.

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Packet Pg. 303 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 12 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. 304 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 13 PROPOSAL BID FORM
TO THE CITY OF EL CENTRO:

The undersigned hereby declares that they have carefully examined the location of the proposed work that they have 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 Site Grading Work

3. 1 LS Basketball Court

4. 1 LS Basketball Court Lighting

5. 1 LS Playground Installation

6. 1 LS Concrete Flatwork

7. 1 LS Irrigation System

8. 1 LS Turf Installation

9. 1 LS Walking Path

10. 1 LS Landscaping

11. 1 LS Fencing

12. 1 LS Electrical & Path Lighting

13. 1 LS Profit/Overhead

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Packet Pg. 305 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 14 BUENA VISTA PARK PROJECT/ El Centro, CA
For the total sum of:

Dollars
($ }. hereinafter called Base Bid Price
---------------------------------------------------------------------------------------------------------------- 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 undersigned hereby certifies that this proposal/bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation.

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

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

Name of firm:

Address of firm:

Telephone Fax Number: ( )
Number:

Contractor's License Number: Type:

Signed: Date:

END OF PROPOSAL/BID
FORM

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Packet Pg. 306 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 15 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 "Buena Vista Park 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 , 2023.

BY:

Insurance companies A.M. Best Company identifying number:

END OF BID BOND
day of

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Packet Pg. 307 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 16 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. 308 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 17 CITY OF EL CENTRO CONSTRUCTION

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

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

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

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

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

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

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

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

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

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Packet Pg. 309 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 18 time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, and/ or a brief description of the work • The CONTRACTOR's signature
C. Monthly Payment CITY shall make payments based on invoices received for services satisfactorily performed and may retain 5% of such amount. Notwithstanding, Public Contract Code Section 22300 permits the substitution of securities for any monies withheld by a public Agency to ensure performance under a contract, at the request and expense of the CONTRACTOR until completion of the term of the contract.

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

E. Contractor Claims Any Contractor claims under this Agreement are subject to the provisions of Public Contract Code Section 9204, attached and incorporated here as Exhibit "A".

V. INDEMNITY. DEFENSE AND HOLD HARMLESS AGREEMENT
CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR's legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsels' fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR's negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

CONTRACTOR obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an 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

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Packet Pg. 310 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 19 prevailing wages can be obtained by contacting the State of California, Department of Industrial Relations, Division of Labor Statistics and Research, 45 Fremont Street, Suite 1160, San Francisco, California, 94105, (415) 972-8628 or from the California Department of Industrial Relations' internet website at http://www.dir.ca.gov.

California wage rates for this Project shall be in accordance with the 11General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1, for Riverside County. Wage rates shall conform to those posted at the CITY offices and the Project site. Statutory provisions for penalties for failure to pay prevailing wages or to comply with State wage and hour laws will be enforced.

The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1773.8 - Travel and Subsistence Pay

2. Section 1774 - Prevailing Wage Requirement

3. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

4. Section 1776 - Payroll Records (as applicable)

5. Section 1777.4 - Apprenticeship Requirements

6. Section 1777.5 -Apprenticeship Requirements

7. Sections 1810 and 1811 - Working Hour Restrictions

8. Section 1813 - Penalty for Failure to Pay Overtime

9. Section 1815- Overtime Rate Requirement
VII. RECORD AUDIT
Under California Government Code, Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), any records or documents of both the CITY and the CONTRACTOR shall be subject to examination, audit, and/or copying at any time during regular business hours by the Auditor General for a period of three (3)

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Packet Pg. 311 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 20 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 A or B License]
Furthermore, CONTRACTOR shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a Contractor’s License, issued by the State of California, which is current and in good standing.

If CONTRACTOR is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of California, and that 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 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.

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Packet Pg. 312 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 21 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.

General liability insurance CONTRACTOR shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO "insured contract" language will not be accepted.

Automobile liability insurance CONTRACTOR shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the CONTRACTOR arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Workers' compensation insurance CONTRACTOR shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least $1,000,000) for CONTRACTOR's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, CONTRACTOR shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees.

CONTRACTOR shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Put the provisions for Umbrella Coverage back into your sample; they are used on a case

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Packet Pg. 313 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 22 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.

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.
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

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Packet Pg. 314 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 23 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.

I. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that CONTRACTOR1s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer1s 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.

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Packet Pg. 315 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 24 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 CONTRACTOR1s 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 Agreement1 CONSULTANT must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The CITY shall have the right to exercise, at the CONSULTANT'S sole cost and expense1 any extended reporting provisions of the policy, if the CONSULTANT cancels or does not renew the coverage. iv. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.

XII. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code, CONTRACTOR must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects. CONTRACTOR must ensure registration with the DIR that is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

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Packet Pg. 316 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 25 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

If CONTRACTOR is not required to register with the Department of Industrial Relations due to the Small Project Exemption, Effective July 1, 2017, CONTRACTOR is still required to maintain certified payroll records on a continuous basisl and provide them to the Labor Commissioner1s Office upon request. Certified payroll records will be provided by CONTRACTOR to CITY upon request.

XIII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted1 or is not currently inserted! then upon application of either party the Agreement shall forthwith be physically amended to make such insertion or correction. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

Clayton and Cartwright Acts: The CONTRACTOR and any and all subcontractors offer and agree to assign to the CITY all rights, title and interest in and to all causes of action they may have under Section 4 of the Clayton Act (15 USC Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Profession Code) arising from purchases of goods, services or materials pursuant to the public works contract or any subcontract.

Trenching: For any jobs involving trenching more than four (4) feet deep, the CONTRACTOR shall notify the CITY of hazardous materials, subsurface or latent physical site conditions different from those indicated in information about the site made available to bidders, as well as unusual site conditions and the CITY shall investigate those as required by Public Contracts Code Section 7104
XIV. SUBSURFACE HAZARDOUS MATERIALS
A In the event trenches or other excavations extend deeper than four (4) feet below the surface, the CONTRACTOR shall promptly, and before the following conditions are disturbed, notify the CITY in writing of any:

1. Material that the CONTRACTOR believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class 11 or Class 111 disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Work or the character provided for in the CONTRACT.

B. Upon receipt of said notification the CITY will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the CONTRACTOR's cost of or the time required for performance of any part of the work, the CITY will issue a change order under the procedures described in the General Conditions.

C. In the event that a dispute arises between the CITY and the CONTRACTOR

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Packet Pg. 317 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 26 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 , 2023, including all required attached documents; each of the component parts of the "PARKS DIVISION YARD IMPROVEMENTS PROJECT", dated . 2023; and any and all attachments to this Agreement.

This instrument and the other documents mentioned above in this Article 1 constitute the complete and exclusive statement of the term(s) and condition(s) of the Agreement between CITY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or condition(s).

B. In the event of any discrepancy between or among the portions of the Agreement Documents, the following shall take precedence: (a) Change Orders/ Amendments/ Modifications;
(b) this Agreement; (c) the accepted CONTRACTOR's bid/proposal; (d) Addenda, if any; and (e) the solicitation, dated ,2023.

C. CITY's failure to insist in any one or more instances upon CONTRACTOR's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or

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Packet Pg. 318 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 27 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.
(Signatures on next page)

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Packet Pg. 319 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 28 CONTRACTOR CITY
City of El Centro
By: _________________________ By: _________________________ Title: _______________________ Title: ________________________ Date: _______________________ Date: ________________________

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Packet Pg. 320 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 29 ATTACHMENTS:

Non-collusion Affidavit
Faithful Performance Bond
Labor and Materials Bond

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Packet Pg. 321 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 30 FAITHFUL PERFORMANCE BOND
Whereas, CITY OF EL CENTRO, State of California, and (hereinafter designated as 11Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated, _____________, 2023, and identified as project , is hereby referred to
and made a part hereof; and
Whereas, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

Now, therefore, we, the Principal and , as surety, are held and firmly bound unto the CITY OF EL CENTRO (hereinafter called (11City"), in the penal sum of dollars($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above-bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless CITY OF EL CENTRO, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 2023.

Principal
By: ____________________________
Surety __________________________
By: ____________________________
Its Attorney-in-Fact

END OF FAITHFUL PERFORMANCE BOND

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Packet Pg. 322 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 31 1 1

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
By:

Surety
By:

Its Attorney-in-Fact

END OF LABOR AND MATERIALS BOND

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Packet Pg. 323 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 32 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. 324 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 33 DRUG/ALCOHOL TESTING REQUIREMENTS
The Contractor shall execute the following form as required by the Federal Drug and Alcohol, section 49 CFR Part 382.

I agree to comply with the provisions of Federal Omnibus Transportation Employee Testing Act of 1991, and that I will administer a program of alcohol and drug testing of all commercial vehicle operators, as required by Federal Regulations.

Contractor certifies compliance with the City of El Centre's Drug and Alcohol Free Workplace Policy as a condition of the State Drug-Free Workplace Act of 1990 (Government Code section 8350 et. seq.) and the Federal Drug Free Workplace Act of 1988 (41 U.S.C.A. section 701 et seq.) In addition, Contractor agrees to submit a copy of its own drug free workplace policy.

Dated
Contractor's Name
Contractor's Signature
Title

END OF DRUG/ALCOHOL TESTING

REQUIREMENTS

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Packet Pg. 325 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 34 SUBCONTRACTORS

LISTING
The Bidder shall list below the name and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State who, under subcontract to the prime contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.005%) of the prime contractor's total bid. The Bidder shall also list below the portion of the work which will be done by each subcontractor under this Contract. The prime contractor shall list only one subcontractor for each portion of the WORK. If the Bidder does NOT intend to use ANY subcontractors, then state "NONE" in the first block.

The Bidder's attention is directed to the provisions of the section entitled "Subcontract Limitations" of the Supplementary General Conditions, which stipulates the percent of the WORK to be performed with the Bidders' own forces. Failure to comply with this requirement will render the Bid non-responsive and may cause its rejection.

NAME STATE CONTRCTOR’S

PORTION OF WORK PLACE OF BUSINESS LICENSE AND
ADDRESS/TELEPHONE NO. DIR REGISTRATION NO.

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Packet Pg. 326 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 35 END OF SUBCONTRACTORS

LISTING

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Packet Pg. 327 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 36 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. 328 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 37 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. 329 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 38 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. 330 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 39 GENERAL CONDITIONS
1-01 DEFINITIONS.
a) The word "City”' shall mean the City of El Centro, California. b) The term "City Council" shall mean the City Council of the City of El Centro. c) The word "Contractor11 shall mean the party entering into the contract with the City for the performance of work required by these specifications, and legal representatives of said party, or agent appointed to act for said party in the performance of the work. Said party is referred to throughout the contract documents as if of the singular number and the masculine gender.
d) The term "Days11 shall mean calendar days unless otherwise specifically provided. e) The term "Director of Community Services" shall mean the City of El Centro Community Services Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. f) The words “General Conditions” and GREENBOOK shall mean the Standard Specifications for Public Works Construction contained in the latest Edition, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California. Copies of these Standard Specifications are available from the publisher, Building News, Incorporated, 990 Park Center Drive, Suite E, Vista, CA 92081 (760) 734- 1113.
1-02 CONTRACT DOCUMENTS
The Notice of Inviting Bids, the Instructions to Bidders, the Proposal, the Specifications, and the Drawings, together with the Agreement and all documents referenced there, constitute the Contract. These Contract documents are complimentary, and what is called for in any one (1) shall be as binding as if called for in all. The intention of the documents is to require a complete and finished piece of work. The Contractor at its sole cost and expense shall perform all labor and services and shall furnish all materials, tools, equipment, and facilities necessary for the proper execution of the work, with the exception of such items as are definitely set forth in the specifications or the drawings to be furnished by the City. Anything shown in the drawings and not in the specifications or in the specifications and not in the drawings shall be performed by the Contractor as though shown in both the drawings and the specifications. 1-03 AUTHORITY OF THE COMMUNITY SERVICES DIRECTOR
The Community Services Director shall give all orders and directions contemplated under the contract; shall determine the adequacy of the Contractor's methods, plans, and appurtenances; shall determine in all cases the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for; shall determine all questions in relation to said work and the construction thereof; and shall decide in all cases every question, which may arise relative to the fulfillment of this contract on the part of the Contractor. Should any discrepancy appear or any misunderstandings arise as to the import of anything contained in the specifications or drawings, the matter shall be referred to the Community Services Director, who shall decide the same in accordance with the true intent and meaning as construed by him, and his decision shall

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Packet Pg. 331 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 40 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. 332 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 41 (c) As set out in the Construction Agreement and Section I-48 below, the Contractor shall assume the defense of and indemnify and save harmless the City and its officers and agents from all claims of any kind arising from his own negligence or that of his agents in the performance of the contract.
(d) The Contractor shall be responsible for any materials furnished him and for the care of all work until its completion and final acceptance, and he shall at his own expense replace damaged or lost material and repair damaged parts of the work, or the same may be done at his.expense by the City.
(e) During the progress of the work the Contractor shall keep the premises occupied by him in a neat and clean condition, and free from any unsightly accumulation of rubbish, unused material, concrete forms, and other equipment and materials belonging to him or used under his direction during construction, and in the event of his failure to do so, the same may be removed by the City at the expense of the Contractor. (f) Traffic Control. The Contractor shall be responsible for maintaining traffic control at all times under the guidelines of the California Manual on Uniform Traffic Control Devices (California MUTCD"). Contractor shall submit two (2) traffic control plans in a minimum of two (2) business weeks for pre-approval by the Director of Public Works before starting construction work.
1-08 CONTRACTOR TO FURNISH INFORMATION
(a) Before proceeding with the erection of the construction plant, and other temporary structures, the Contractor shall furnish the Community Services Director with information and drawings of all such structures as may be required. (b) Drawings and prints in such detail as may be required, or articles, machinery, or fabricated materials entering into permanent construction which are by these specifications required to be furnished by the Contractor and of which detailed drawings are not furnished by the City shall be submitted by the Contractor for approval and shall become the property of the City. Such approval shall not, however, operate to waive or modify any provision or requirement contained in these specifications.
1-09 EXAMINATION OF WORK
Bidders must examine the location, physical conditions and surrounding of the proposed work and judge for themselves the nature of the excavations to be made and the work to be done.

The Contract documents for the work show conditions as they are supposed or believed by the Engineer to exist, but it is not intended or to be inferred that the conditions as shown therein constitute a representation or warranty, express or implied, by the City or any of it officers or employees, that such conditions are actually existent, nor shall the Contractor be relieved of the liability under his contract, nor shall the City or any of its officers or employees be liable for any loss sustained by the Contractor as a result of any variance between conditions shown in the Contract Documents and the actual conditions revealed during the progress of the work or otherwise.
1-10 PLANS AND DRAWINGS
All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been

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Packet Pg. 333 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 42 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 their personal attention constantly to the faithful prosecution of the work, and shall be present, either in person or by a duly authorized and competent representative, on the site of the work, continually during its progress, to receive directions or instructions from the Community Services Director. Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Community Services Director, and shall be received and obeyed by the superintendent or foreman who may have charge of the particular part of the work in reference to which orders are given. 1-12 CONTRACTOR CLAIMS
Any claim by the Contractor regarding this Contract is subject to the provisions of Public Contract Code Section 9204 attached and incorporated as Exhibit "A". 1-13 RIGHT-OF-WAY
The right-of-way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements and pay all expenses for additional area required by him outside of the limits of the right-of-way, unless otherwise provided in the special conditions. 1-14 TIME AND ORDER OF WORK
(a) The Contractor shall at all times employ such force, plant, materials and tools as will be sufficient, in the opinion of the Community Services Director, to complete the work or any separable portions thereof in accordance with a progress schedule and within the time limit fixed by the contract. If the Contractor should fail to employ sufficient force, plant, materials and tools or to maintain adequate progress he may, after such failure, be required to increase his progress at any point or points or to modify his plans and procedures in such manners and to such extent as the Community Services Director may direct, any extension of such shall not relieve the Contractor from the necessity of maintaining the required progress. In case of an extension by the Community Services Director of the time for the completion of the contract, as hereinafter provided a revised schedule of progress may be prescribed in accordance with such extension of time. (b) The time in which the various portions and the whole of the contract are to be performed and the work is to be completed is of the essence of the contract.

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Packet Pg. 334 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 43 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. 335 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 44 such monies as may be due or may at any time hereafter become due the Contractor under and by virtue of this contract or any part thereof. In case such expense shall exceed the amount which would have been due the Contractor under the contract if the same had been completed by him, he shall pay the amount of such excess to the City; and in case such expense shall be less than the amount which would have been payable under this contract if the same had been completed by the Contractor, he shall have no claim to the difference except to such extent as may be necessary, in the opinion of the Community Services Director, to reimburse the Contractor or the Contractors sureties for any expense, properly incurred for plant, equipment, materials, supplies and labor devoted to the prosecution of the work of which the City shall have received the benefit and which shall not have been otherwise paid for by the City. In computing such expense so far as it shall be deducted from the depreciated value thereof at the time taken over by the City and the difference shall be considered as an expense. Evidence of such expense satisfactory to the Community Services Director, shall be required, and all necessary estimates and appraisements shall be made by him.

When any particular part of the work is being carried on for the City by contract or otherwise, under the provisions of this section, the Contractor shall continue the remainder of the work in conformity with the terms of his contract, and in such manner as in nowise to hinder or interfere with the persons or workers employed, as above provided, by the City, by contract or otherwise to do any part of the work or to complete the same under the provisions of this section.
1-18 SUSPENSION OF WORK- EXTENSION OF TIME- NO EXTRA COMPENSATION (a) The Community Services Director shall have the authority to suspend the work wholly or in part, for such period as she may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work or for such time as she may deem necessary due to the failure on the part of the Contractor to carry out orders given or to perform any provisions of the work. The Contractor shall immediately obey such order of the Community Services Director. (b) Applications for extension of time must be made promptly in writing, stating cause. No delay shall be made the basis in any application for extension of time, unless such delay and the cause thereof shall have been called to the attention of the Community Services Director in writing within the ten (10) days from the beginning of such delay. Applications for extension of time shall be addressed to the Community Services Director. (c) Permitting the Contractor to continue and finish the work, or any part of it, after the date to which the time fixed for its completion may have been extended, shall in nowise operate as a waiver on the part of the City or any of its rights under this contract. (d) The Contractor shall receive no compensation on account of any suspension of the work either in whole or in part or for any delay or hindrance herein mentioned except as provided in the Detail Specifications or as otherwise required by law. 1-19 FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES (a) The Contractor shall pay for each and every day, including Sundays and legal holidays that they shall be in default in completing the whole work to be done under this contract, the sum named in the Special Provisions, which sum is by the execution of the Agreement mutually agreed upon as liquidated damages which the City will suffer by reason of such

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Packet Pg. 336 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 45 1
1 default. The City shall have the right to deduct the amount of such damages from any monies due or to become due the Contractor under this contract. (b) It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified! the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the contract, it shall further have the right to charge to the Contractor, his heirs! assigns or sureties and to deduct from the final payment for the work, all or any part, as it may deem proper of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension except that the cost of final surveys and preparation of final estimate shall not be included in such charges.
(c) The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by the acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions! strikes, freight embargoes and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (10) days from the beginning of any such delay notify the Community Services Director in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and his findings of the facts thereon shall be final and conclusive.
1-20 CHANGES
(a) If either the Community Services Director or the Contractor on account of conditions which develop during the progress of the work finds it impracticable to comply strictly with these specifications, the Community Services Director may prescribe a modification of requirements of methods of work. For such purposes, the Community Services Director may at any time during the life of the contract, by written order make such changes as he shall find necessary in the design, line, grade, form, location, dimensions, plan or material of any part of the work or equipment hereinafter specified, or in the quantity or character of the work or equipment to be furnished. If such changes increase or diminish the quantity or amount of work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with; provided, that if such changes or alterations render useless, any work already done or materials already furnished or used in the work the Community Services Director shall make reasonable allowance therefore, which action shall be binding upon both parties. (b) In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit price established for such work under the contract1 wherever such unit price has been established. In the event no prices are named in the contract to cover such changes or alteration, the cost of such changes shall be covered as hereinafter provided for extra work.
(c) The City reserves the right to increase or decrease the quantity of any item or portion of work or to omit portions of the work as may be deemed necessary or expedient by the Community Services Director.
1-21 EXTRA WORK

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Packet Pg. 337 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 46 (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. 338 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 47 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. 339 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 48 1
1 1
(b) In the event the contract or any part thereof shall be suspended as provided in section 1- 17, the retained percentage as provided in section 1-23 shall become the sole and absolute property of the City to the extent necessary to repay to the City any excess in the cost of the work above the contract price. After issuance of notice to discontinue work, no payments upon progress estimates or otherwise shall thereafter be made the Contractor for the work covered by said notice until completion of the work. 1-26 FINAL ESTIMATE AND PAYMENT
(a) Whenever in the opinion of the Community Services Director the Contractor shall have completely performed the contract on his part, the Community Services Director will submit to the Contractor a written statement of the final quantities of contract items for inclusion in the final estimate. The Contractor will be expected to submit his written approval of said proposed final quantities within five (5) days of receipt of the Community Services Director's statement, or in the event the Contractor disagrees with such written statement, shall within said period of five (5) days file a written statement of all claims, which he intends to present.
(b) Upon receipt from the Contractor of written approval of the final quantities or such written statement of his claims, the Community Services Director shall make in writing and certify to the City Clerk an estimate in which he shall state, from actual measurements, the whole amount of work done by the Contractor and also the value of such work under and according to the terms of the contract. Within ten (10) days after the date of receipt of the aforesaid approval or state of claims, the Community Services Director shall cause to be filed, on behalf of the City, in the Office of the Imperial County Recorder, a Notice of Completion of the work herein agreed to be done by the Contractor. On the expiration of thirty-five (35) days after the filing of such notice of completion of the work! the City shall pay to the Contractor the amount remaining after deducting from the amount of value stated in the first mentioned estimate all prior payments to the Contractor and all amounts to be kept and retained under the provisions of the contract. (c) All prior estimates upon which partial payments have been made shall be subject to correction in the final estimate. The final estimate and payments made thereunder shall be final and conclusive upon the Contractor.
1-27 RECOVERY OF DAMAGES
The making of an estimate and payment in accordance therewith shall not preclude the City from demanding and recovering from the Contractor such damages as it may sustain by reason of his failure to comply with the specifications.
1-28 FINAL PAYMENT TERMINATES LIABILITY
The acceptance by the Contractor of the final payment aforesaid shall be a release to the City and its agents from all claim and liability to the Contractor for anything done or furnished for or relating to the work or for any act or neglect of the City or of any person relating to or affecting the work except the claim against the City for the remainder if any of the amount kept or retained as provided in section 1-31.
1-29 NO PERSONAL LIABILITY

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Packet Pg. 340 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 49 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. 341 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 50 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. 342 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 51 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.

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. 343 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 52 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
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 on the

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Packet Pg. 344 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 53 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.
(a) 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.
(b) All Federal laws and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and work required to be done hereunder shall be deemed to be and hereby are made controlling and part of these specifications.
1-47 SALES AND/OR USE TAXES
Except as may be otherwise provided herein, all sales and/or use taxes assessed by Federal, State or local authorities on materials used or furnished by the Contractor in performing the work hereunder shall be paid by the Contractor.
1-48 RESPONSIBILITY FOR DAMAGE In addition and complimentary to the provisions of the Construction Agreement
(a) Indemnity Agreement
In addition and complementary to any other indemnification provided for the project, and except for the gross negligence or willful misconduct of an lndemnitee (as hereinafter defined), the Contractor hereby assumes liability for and agrees to defend (at indemnitees' option), indemnify, protect and hold harmless the City and its project consultants, engineers, officers, agents, and employees ('indemnitees") from and against any and all claims, charges, damages, demands, actions, proceedings, losses, stop notices, costs, expenses (including counsel fees), judgments, civil fines and penalties, liabilities of any kind or nature whatsoever, which may be sustained or suffered by or secured against the indemnitees arising out of or encountered in connection with this Agreement or the performance of the work including, but not limited to, death of or bodily or personal injury to persons or damage to property, including property owned by or under the care and custody of the City, and for civil fines and penalties, that may arise from or be caused, in whole or in part, by any negligent or other act or omission of the Contractor, its officers, agents, employees or subcontractors including, but not limited to, liability arising from:

1. Any dangerous, hazardous, unsafe or defective condition of, in or on the premises, of any nature whatsoever, which may exist by reason of any act, omission, neglect, or any use of occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors;

2. Any operation conducted upon or any use or occupation of the premises by the Contractor, its officers, agents, employees, or subcontractors under or pursuant to the provisions of this contract or otherwise;

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Packet Pg. 345 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 54 3. Any act, omission or negligence of the Contractor, its officers, agents, employees, or subcontractors.

4. Any failure of the Contractor, its officers, agents or employees to comply with any of the terms or conditions of this contract or any applicable Federal, State, regional or municipal law, ordinance, rule or regulation; and

5. The conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), and (4), existing or conducted upon or arising from the use or occupation by the Contractor on any other premises in the care, custody and control of the City.

The Contractor also shall indemnify the City and pay for all damage or loss suffered by the City including but not limited to damage to or loss of the City's property, to the extent not insured by the City and loss of the City's revenue from any source, caused by or arising out of the conditions, operations, uses, occupations, acts, omissions or negligence referred to in sub-subsections (1), (2), (3), (4), and (5).

The Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an lndemnitee. However, without affecting the rights of the City under any provision of this Agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of the City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City's active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

The Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of this Agreement. In the event the Contractor fails to obtain such indemnity obligations from others as required here, the Contractor agrees to be fully responsible according to the terms of this section.

Failure of the City to monitor compliance with these requirements imposes no additional obligations on the City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend the City as set forth here is binding on the successors, assigns or heirs of the Contractor and shall survive the termination of this Agreement or this section.

This Indemnity shall survive termination of the Agreement of Final Payment hereunder. This Indemnity is in addition to any other rights or remedies that the indemnitees may have under the law or under any other contract documents or agreements. In the event of any claim or demand made against any party which is entitled to be indemnified hereunder, the City may, in its sole discretion, reserve, retain or apply any monies to the Contractor under this Agreement for the purpose of resolving such claims; provided, however, the City may release such funds if the Contractor provides the City with reasonable assurance of protection of the lndemnitees' interests. The City shall, in its sole discretion, determine whether such assurances or reasonable.

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Packet Pg. 346 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 55 1-49 TRESPASS
The Contractor shall be responsible for all damage or injury, which may be caused on any property by trespass of the Contractor's employees in the course of their employment whether the said trespass was committed with or without the consent or knowledge of the Contractor. 1-50 SAFETY. SANITARY AND MEDICAL REQUIREMENTS
The Contractor and his subcontractors, if any, and employees shall promptly and fully carry out the existing safety, sanitary and medical requirements as may from time to time be prescribed by the City or by County or State Health Departments to the end that proper work shall be done and the safety and health of the employees and of the community may be observed and safeguarded.

In case such regulations and orders are not observed by the Contractor they may be enforced by the Community Services Director at the Contractor's expense. 1-51 PROTECTION AND CLEAN UP
The Contractor shall protect and care for all work until completion and acceptance thereof. Before the Contractor makes application for the acceptance of the work, all rubbish, excess earth and rock or surplus materials shall be removed leaving the site in a neat, orderly and presentable condition.
1-52 LABOR DISCRIMINATION
No discrimination shall be made in the employment of persons upon Public Works because of the race, color, religious creed, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age or sexual orientation of such persons except as provided in Government Code §12940, and every contractor for Public Works violating Labor Code §1735 is subject to all penalties imposed for a violation of Chapter 1, of Part 7, of Division 2 of the California Labor Code. 1-53 APPRENTICES
Attention is directed to the provisions of Labor Code §§1777.5 and 1777.6 concerning the employment apprentices by the Contractor or any subcontractor under him. The Contractor and any subcontractor under him shall comply with the requirements of said sections in the employment of apprentices.

Information relative to Apprenticeship Standards Wage Schedules and other requirements may be obtained from the Director of Industrial Relations, Ex Officio the Administrator of Apprenticeship - San Francisco, California or from the Division of Apprenticeship Standards and its branch offices.
1-54 PRECONSTRUCTION CONFERENCE
Before the start of construction, the Community Services Director will arrange to meet with the Contractor to discuss the requirements on such matters as project supervision, on-site inspections, progress, schedules and reports, payment(s) to Contractor(s), safety and other items pertinent to the project. At this conference, all parties should be prepared to discuss any anticipated problems.

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Packet Pg. 347 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 56 1-55 SUBCONTRACTING LISTING
(a) Any person making a bid or offer to perform the work described in this contract shall in his bid or offer set forth:

1. The name and location of the place of business of each subcontractor who will perform work of labor or render service to the Contractor in or about the construction of the work or improvement or a subcontractor licensed by the State of California, who, under the subcontract to the Contractor, especially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications in an amount in excess of one-half of one percent (.005%) of the Contractor's total bid.

1. The portion of the work, which will be done by each such subcontractor under this contract. The Contractor shall list only one subcontractor for each such portion as is defined by the Contractor in his bid.

2. His State registration number
(b) No Contractor whose bid is accepted shall, without the consent of the City either:

1. Substitute any person as subcontractor in place of the subcontractor designated in the original bid.

2. Permit any subcontractor to be assigned or transferred or allow it to be performed by any other than the original subcontractor listed in the bid.

3. Sublet or subcontract any portion of the work in excess of one-half of one percent (.005%) of the Contractor's bid as to which his original bid did not designate a subcontractor.
(c) Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity.

END OF GENERAL CONDITIONS

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Packet Pg. 348 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 57 SUPPLEMENTARY GENERAL CONDITIONS (STATE)
CALIFORNIA STATE REQUIREMENTS- These prevail over conflicting provisions of the General Conditions

1. State Wage Determinations:
a) As required by Labor Code §§1770 et seq., the Contractor shall pay not less than the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City, which copies shall be made available to any interested party on request. The Contractor shall post a copy of such determination at each job site. b) In accordance with Labor Code §1775, the Contractor shall, as a penalty to the City, forfeit not more than two hundred dollars ($200) for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director for the work or craft in which the worker is employed for any public work done under the contract by him or her or by any subcontractor under him or her.

2. Workers' Compensation:
a) In accordance with the provisions of Labor Code §3700, the Contractor shall secure the payment of compensation to his employees.
b) Prior to beginning work under the Contract, the Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the WORK of this Contract." c) Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the City, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of Workers' Compensation.

3. Apprentices on Public Works: The Contractor shall comply with all applicable provisions of Labor Code §1777.5 relating to employment of apprentices on public works.

4. Working Hours: The Contractor shall comply with all applicable provisions of Labor Code §§1810 to 1815, inclusive, relating to working hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of the Contract by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) calendar week, unless such worker receives compensation for all hours worked in excess of eight (8) hours at not less than one and one-half (1.5) times the basic rate of pay.

5. Contractor Not Responsible For Damage Resulting From Certain Acts of God:

As provided in Public Contract Code §7105, the Contractor shall not be responsible for the cost of repairing or restoring damage to the work which damage is determined to have been proximately caused by an act of God, in excess of five percent (5%) of the contracted amount, 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. 349 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 58 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. 350 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 59 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.

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Packet Pg. 351 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 60 (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.

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Packet Pg. 352 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 61 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

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Packet Pg. 353 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) 62 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 (180) calendar days of said date.

3. FAILURE TO COMPLETE ON TIME AND LIQUIDATED DAMAGES
(See General Conditions 1-19) It is agreed by the parties to the contract that in case of all work called for under the contract is not completed before or upon the expiration of the time limits set forth in these Special Provisions, damages will be sustained by the City and that it will be impracticable to determine the actual damage by which the City will sustain in the event of and by reason of such delay and it is therefore agreed that the contractor will pay to the City the sum of five hundred dollars ($500) per day for each and every day of delay beyond the time prescribed to complete the work.

4. MAINTAINING TRAFFIC
The Contractor shall maintain two way traffic in the work area in accordance with the "Manual of Traffic Controls for Construction and Maintenance Work Zones" and the MUTCD, 1990 Edition or as modified, available through the State of California, Department of Transportation, 1900 Royal Oaks Drive, Sacramento, California 95815.

Personal vehicles of the Contractor's employees shall not be parked on the traveled way at any time, including any section closed to public traffic.

5. PERMIT FEES
The General Contractor shall be responsible for paying permit fees to the City.

6. CONSTRUCTION SIGN
The Contractor shall provide a four (4) foot tall by eight (8) foot wide plywood 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.

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Packet Pg. 354 Attachment: 00071128 Final Bid Documents (6046 : Buena Vista Authorization to Go Out to Bid) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Resolution
Prepared By: Amanda Curiel
SCHEDULED Department Head: Robert Sawyer
RESOLUTION (ID # 6124) DOC ID: 6124
School Resource Officer Agreement with ECESD
CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO, APPROVING AN AGREEMENT WITH THE EL CENTRO

ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER
SERVICES.

FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #3: Community Health, Safety & Welfare
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 El Centro Police Department had previously collaborated with El Centro Elementary School District in providing a School Resource Officer to assist at their various campuses; however, due to staff shortages and COVID-19, the program ceased.

DISCUSSION:

The Police Department is working with the El Centro Elementary School District to provide a School Resource Officer for their campuses. The District has committed to reimbursing the City for the cost of the School Resource Officer.

The mission of the El Centro Police Department, in collaboration with El Centro Elementary School District, is to provide a safe, secure, orderly, and effective teaching and learning environment for all students and staff within the El Centro Elementary School District and the City of El Centro by protecting life and property.

Ensuring the safety, welfare, and best possible educational opportunities of students and staff on school campuses in El Centro is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students positively and proactively. Police officers on campus will help improve relations between the Police Department and the youth of the community.

On-campus, School Resource Officers will focus on maintaining a positive partnership with students and staff, providing early intervention services to students and overall improved community relations through partnership, prevention, intervention, education and progressive enforcement strategies.
12 Packet Pg. 355
Resolution (ID # 6124) Meeting of September 12, 2023
The goal of the School Resource Officer program is to enhance the safety, security and success of the District’s scholastic and interscholastic institutions by maintaining close, consistent and productive relationships with students, their families, and District staff.

CONCLUSION:

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

OF EL CENTRO, APPROVING AN AGREEMENT WITH THE EL CENTRO

ELEMENTARY SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER
SERVICES.

ATTACHMENTS:
• RESO SRO ECESD (DOCX)
• ECESD SRO MOU_Final(DOCX)
12 Packet Pg. 356
1 08/2023/cdz/A23-0122/Reso/MOU_ECESDSchoolResources
Officers
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, APPROVING AN AGREEMENT WITH THE EL

CENTRO ELEMENTARY SCHOOL DISTRICT FOR SCHOOL

RESOURCE OFFICER SERVICES
WHEREAS, it is necessary for the City Council of the City of El Centro, California (“City Council”) to approve an Agreement for School Resource Officer Services (“Agreement”) between the City of El Centro and the El Centro Elementary School District; and WHEREAS, the City Council finds that the approval of said Agreement is in the best interest of the City of El Centro, California

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 does hereby approve a Memorandum of Understanding for School Resource Officer Services between the City of El Centro and the El Centro Elementary School District.

3. That the City Manager of the City of El Centro, or his designee, is hereby authorized to sign said agreement, a copy of which is 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 held on the day of , 2023.

CITY OF EL CENTRO
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
By
Martha Cardenas-Singh, Mayor

12.a
Packet Pg. 357 Attachment: RESO SRO ECESD (6124 : School Resource Officer Agreement with ECESD) 2 08/2023/cdz/A23-0122/Reso/MOU_ECESDSchoolResources
Officers

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 City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES: NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

12.a
Packet Pg. 358 Attachment: RESO SRO ECESD (6124 : School Resource Officer Agreement with ECESD) 1 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO

MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE CITY OF El CENTRO

AND EL CENTRO ELEMENTARY SCHOOL DISTRICT

TO FURNISH A SCHOOL RESOURCE OFFICER (SRO)
This Memorandum of Understanding (“MOU”) is made and entered into between the City of El Centro (“City”), a municipal corporation organized under the laws of the State of California, and the El Centro Elementary School District (“ECESD”), a school district organized under the laws of the State of California.

MISSION OF THE SRO PROGRAM:

The mission of the El Centro Police Department in collaboration with El Centro Elementary School District is to provide a safe, secure, orderly and effective teaching and learning environment for all students and staff within the El Centro Elementary School District and the City of El Centro by protecting life and property.

Ensuring the safety, welfare, and best possible educational opportunities of students and staff on school campuses in El Centro is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community.

The goal of the School Resource Officer program is to enhance the safety, security and success of the District’s scholastic and interscholastic institutions by maintaining close, consistent and productive relationships with students, their families, and District staff.

As a result, the El Centro Elementary School District and the City of El Centro Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives:

A. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY:

1. Providing a highly visible uniform police officer presence on the campuses of the El Centro Elementary School District in the City of El Centro.

2. Promoting a positive relationship with the youth of our community through community policing strategies and educating students, parents, and faculty members that the purpose of the School Resource Officer program is to educate and promote awareness of law enforcement;

12.b
Packet Pg. 359 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 2 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO

3. Addressing day-to-day problems which may arise at El Centro Elementary School District Campuses and working with the administration of El Centro Elementary School District to assist in providing a safe, secure, and positive educational atmosphere for the students on a daily basis;

4. Opening better lines of communication between students and police officers by being available to meet with and talk to students, parents, and faculty members regarding law enforcement matters or crime prevention information;

5. Reducing juvenile crime through taking measures which are: (a) reactive (e.g., responding to calls, making police reports, engaging in intervention, making arrests, and representing ECESD in court referrals related to the SRO responsibilities, etc.); and (b) proactively (e.g., maintaining a visible presence in the school and throughout the campus during the day and at extracurricular activities, preventing problems through making announcements and using posters, guest-speaking in classes, attending school activities and clubs, etc.);

6. Cooperating with the District administration and faculty to make necessary referrals of students and their families to other community agencies which can offer them assistance (e.g., mental health clinics and drug/alcohol treatment centers);

7. Not to enforce immigration laws; and

8. Responding in the role of a law enforcer when crimes occur.

B. SCOPE OF SRO’S ACTIVITIES
The SRO will provide school security through the following activities:

1. Patrolling school buildings and campuses before, during, and after regular school hours;

2. Responding to, and handling, calls for service related to ECESD campuses and/or facilities.

3. The school code of conduct violations and routine discipline of students remains the responsibility of the school administration and law enforcement actions are only used as a last resort for incidents involving criminal behavior or when it becomes necessary to protect the safety of students, faculty, and staff;

4. Assisting students with problems to divert them before they become disciplinary or criminal in nature;

5. Assisting staff by investigating suspicions of child abuse or neglect;

12.b
Packet Pg. 360 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 3 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO

6. Coordinating use of approved deterrents to the possession, use, sale or transmission of tobacco products, illegal drugs or drug paraphernalia;

7. Deterring students from engaging in disorderly behavior by being present on the grounds;

8. The SRO will assist the district with addressing school truancy issues with individual students and the school as a whole;

9. The SRO shall serve as a liaison between the school and other police agencies, investigation units, or juvenile justice authorities when necessary and consistent with applicable civil rights laws and privacy laws;

10. The SRO shall serve as a member of a multidisciplinary school team to refer students to professional services within both the school (guidance counselors or social workers) and the community (youth and family service organizations);

11. The SRO shall build relationships with juvenile justice counselors to help connect youth with needed services;

12. The SRO shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance to immigration enforcement at district schools, except as may be required by state and/or federal law; and

13. It is understood the sharing of information is limited to federal or state laws that govern the collection, use, and dissemination of student records. Federal privacy laws, including the Family Educational Rights and Privacy Act of 1974 [FERPA], the Health Insurance Portability and Accountability Act of 1996 [HIPPA], and civil rights and other laws must be considered when developing plans for Criminal Justice Information Systems [CJIS] and/or sharing that involves personally identifiable information from student education records. The El Centro Police Department must balance safety interests and student privacy interests. All information sharing should be based on The Family Education Rights and Privacy Act (FERPA) and California laws that govern the release of records. FERPA does contain exceptions to the general consent requirement including the “health or safety emergency exception.” Disclosure based on this exception must be documented in the student’s education records to memorialize the emergency that formed the basis for the disclosure.

14. The SRO will assist students by:

A. Being available to discuss problems on school property, at the Police Department, and at other locations with the prior approval of the Deputy Chief of Police; B. Enforcing a drug-free and violence-free learning environment; C. Encouraging students to interact with police officers in a safe setting; D. Acting as a positive role model of a police officer, based on the reality of the position;

12.b
Packet Pg. 361 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 4 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO
E. Providing a source of information concerning legal issues that young adults are likely to encounter if engaging in unlawful actions;
F. Being involved in student-oriented activities and school sponsored events; G. Providing law enforcement insight into the school curriculum by being available as an information resource concerning law enforcement;
H. Using positive and restorative approaches in accordance with Penal Code 13651, which includes tactics such as de-escalation techniques to mitigate the use of force in an educational setting and shall strictly adhere to policy minimum use of force pursuant to Government Code 7286; and
I. Conducting workshops and presentations concerning student safety needs, drugs, alcohol, gangs, laws, and other related topics to students, District employees and the community.

C. RESPONSIBILITIES OF EL CENTRO ELEMENTARY SCHOOL DISTRICT In consideration of the services to be provided by the SRO as specified in this MOU, ECESD has agreed to the following:

1. Base Reimbursement.

ECESD shall reimburse the City at the fully burdened rate of one fulltime School Resource Officer for a period of 12 months, per year, for a three-year period.

Reimbursement is for SRO services at ECESD school sites, school functions and work performed off school sites that are directly related to the SRO duties, including but not limited to: preparing reports following incidents or arrests occurring at the school site, transporting suspects arrested at the school site; and attending court proceedings concerning incidents or arrests that occurred at the school site shall be considered SRO functions. ECESD shall reimburse the City at the SRO’s fully burdened rate of pay, including increases to personnel salary based on current Employee/Employer MOU, as outlined below.

Year one: $120,537.91
Year two: $124,961.45
Year three: $127,460.68

1.1 Overtime Reimbursement for overtime/Additional Work worked directly related to ECESD activities.

In the event the SRO is entitled to receive overtime pay during any pay period wherein the SRO has performed Additional Work as part of its SRO duties as described in Section 3 below, ECESD shall fully reimburse the City for the additional cost of overtime earned by the SRO when the work activity is related to SRO duties.

12.b
Packet Pg. 362 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 5 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO

1.2 Overtime rates shall be calculated at one and one-half times the rate of pay at the assigned officer’s regular rate of pay at the time the overtime was worked.

2. Regularly Scheduled Work.

The assigned SRO will work the following schedule for the El Centro Elementary School District sites: Monday through Friday from 7:30 a.m. to 4:30 p.m. with every other Friday off. Such schedule may change upon mutual agreement between both parties for the purpose of attending agreed-upon school-sponsored events, providing specialized training, and presentations, or to avoid/minimize overtime. The SRO may be made available on Fridays off upon mutual agreement of the parties in the event SRO support is needed.

3. Additional Work.

If the SRO is requested or required (for example, but not by way of limitation, for a court appearance as an investigating officer/witness) to work during hours outside of the SRO’s regularly scheduled work, such as the occasional “off Friday,” and as a consequence of such additional work, the City is required to pay the SRO additional compensation (inclusive of overtime compensation as required by law), then ECESD shall reimburse the City for the cost of this additional work pursuant to Section 1.1 above.

The persons authorized to request the SRO to perform such additional work are the following:

Superintendent, DEPUTY Superintendent or their designee. Any requests for additional work shall be made in writing (electronic communications are acceptable) and shall be directed to the attention of the Deputy Chief of Police and designee.

4. Time records.

The SRO shall keep a weekly time record for all hours worked and the City shall forward the time records to ECESD quarterly. Any objections by ECESD to the hours indicated in the time records shall be promptly reported to the Deputy Chief of Police, but in no case longer than 30 days after the date of transmission of the subject time records to ECESD. Failure by ECESD to make an objection to hours indicated in any time record within a 30-day period shall be a stipulation of its accuracy and consent by ECESD to reimburse the City as and for the hours indicated.

5. Invoice and Payment.

The City will provide ECESD a quarterly invoice for payment on or about the following dates:

January 31, April 30, July 31, and October 31. An invoice shall be paid no later than 30 days after its presentation to ECESD.

6. Work Space/ Equipment.

ECESD shall provide the SRO with an office area, including immediate access to a secure telephone, computer, and printer. All vehicles, maintenance, fuel, and insurance costs for a marked police vehicle will be the responsibility of the El Centro Police Department.

12.b
Packet Pg. 363 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 6 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO

7. Liaison with SRO.

The El Centro Elementary School District Superintendent or Designee will work with the SRO to:

A. Explain the school’s needs and help the SRO develop programs that will benefit the teaching-learning environment;
B. Provide the SRO with a copy of governing school policies and procedures, including the District’s policy and student conduct expectations and consequences; C. Review school policies and procedures pertaining to school safety, conduct comprehensive safety and security assessments and develop emergency management and incident response system based on the National Incident Management System (NIMS) and the four phases of emergency management; mitigation, prevention preparedness, response, and recover; and
D. The SRO may provide security and technology solution recommendations for the ECESD consideration to enhance school safety; and
E. Furnish the SRO with information (e.g., attendance records, disciplinary records, etc.) as may be necessary to conduct investigations or make a juvenile referral or prosecution.

D. EMPLOYMENT STATUS

1. The SRO shall be a paid employee of the City of El Centro Police Department and shall perform the duties as assigned by the Chief of Police. The SRO shall be uniformed and equipped in the same manner as any other police officer in the Police Department unless special needs arise in which plain clothes would be appropriate. The City shall place the SRO at El Centro Elementary School from October 1, 2023 through September 31, 2026. The City shall make all reasonable efforts to ensure the ongoing assignment of the SRO to El Centro Elementary School until the end of the fiscal year. If any party has a dispute or seeks removal of the SRO, a meeting will be held to discuss the concerns brought forth by any party to this Agreement.

2. For purposes of student supervision and education, ECESD shall ensure that the SRO the has the same insurance coverage as an agent of as that the District has for other similar staff members in the District and shall verify this coverage of the SRO under its existing liability Insurance policy prior to the SRO commencing activities on District property. The City shall ensure the SRO is also covered by City’s liability insurance applicable to all similar City police officers. Upon request, City and ECESD shall provide evidence of such coverage to the other party. Except for conditions otherwise require, the SRO will be evaluated by the administrative team at the end of the school year. This evaluation will be memorialized in writing and should make the best attempts to address the following areas: Cooperativeness, Courtesy, Diligence, Initiative, Judgment, Leadership, Quality of Work, and Self-Expression.

12.b
Packet Pg. 364 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 7 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO

3. The SRO shall coordinate the performance of SRO duties with the ECESD Superintendent or Designee, as applicable. In matters of dispute between the two, the Superintendent shall contact the El Centro Police Department to seek an informal resolution.

4. The City shall be responsible for providing workers’ compensation coverage for the SRO as well as such other benefits that the SRO shall be entitled to receive pursuant to the City’s memorandum of understanding with the applicable bargaining unit.

5. ECESD acknowledges that the SRO may be assigned additional duties by the City as the needs of the El Centro Police Department dictate. At the discretion of the Deputy Chief of Police, the City shall have the option to assign the SRO additional duties even if the additional duties assigned conflict with the SRO’s scheduled SRO duties according to the needs of the El Centro Police Department. ECESD acknowledges that the El Centro Police Department has historically experienced fluctuating staffing levels and that the need to provide police protection to the residents of the City of El Centro as a whole remains the top priority of the El Centro Police Department regardless of whether or not those needs conflict with the purposes of this MOU. In the event the SRO is re-assigned pursuant to this provision, the City shall track all such time away from SRO duties and reimburse the District in the appropriate hourly/daily rate.

6. The SRO shall receive specialized training in school policing, including, but not limited to, training on adolescent development, trauma-informed investigations, crisis interventions and de-escalation, threat assessment, and active shooter situations.

E. TERM
This Memorandum of Understanding shall become effective October 1, 2023 for a three-year period, ending September 30, 2026. Either party shall have the right to cancel this Memorandum of Understanding upon 90 days advance written notice during the term of this agreement.

Parties may renew this MOU for an additional period of time under such terms and conditions as they mutually agree. Such renewal shall have its terms reduced to writing prior to being executed by the parties to this MOU.

F. NO INDEPENDENT BASIS FOR LIABILITY:

Nothing herein shall create, by this or other Agreement between the parties, an independent basis for liability of the City to either the District or to a third party for failing to respond, for responding to a call for police services in an alleged dilatory or negligent manner, or for any action or omission by a Police Department employee pursuant to this Agreement. The City's liability, if any it may have, shall be that as determined by law without regard to the existence of this Agreement.

G. MISCELLANEOUS:

12.b
Packet Pg. 365 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) 8 MOU between City of El Centro and ECESD effective October 1, 2023 08/2023/cdz/A23-0122/MOU/COEC&ECESDSRO
No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. Any amendment to this Agreement shall be in writing and signed by both Parties.

AUTHORITY TO EXECUTE
This MOU constitutes the entire agreement of the parties. The signatures below warrant that they have the legal authority to enter into this MOU and bind their respective parties to the rights and obligations herein.

EL CENTRO ELEMENTARY SCHOOL DISTRICT CITY OF EL CENTRO, CALIFORNIA By:_________________________________ By:_________________________________ Kristy Curry, Associate Superintendent Cedric Ceseña, City Manager Date: _____________________
By:_________________________________
Robert Sawyer, Chief of Police
Date: _____________________
Approved as to form:

By: _______________________________
Elizabeth L. Martyn, City Attorney
Date: _____________________

12.b
Packet Pg. 366 Attachment: ECESD SRO MOU_Final (6124 : School Resource Officer Agreement with ECESD) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Police
El Centro, CA 92243 Category: Resolution
Prepared By: Amanda Curiel
SCHEDULED Department Head: Robert Sawyer
RESOLUTION (ID # 6125) DOC ID: 6125
School Resource Officer Services
CITY MANAGER’S RECOMMENDATION:

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

OF EL CENTRO, APPROVING AN AGREEMENT WITH THE CENTRAL UNION HIGH SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES.

FISCAL IMPACT:

None
STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #3: Community Health, Safety & Welfare
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 El Centro Police Department had previously collaborated with Central Union High School District in providing a School Resource Officer to assist at their various campuses; however, due to staff shortages and COVID-19, the program ceased.

DISCUSSION:

The Police Department is working with the Central Union High School District to provide a School Resource Officer for their campuses. The District has committed to reimbursing the City for the cost of the School Resource Officer.

The mission of the El Centro Police Department in collaboration with Central Union High School District, is to provide a safe, secure, orderly, and effective teaching and learning environment for all students and staff within the Central Union High School District and the City of El Centro by protecting life and property.

On-campus, School Resource Officers will focus on maintaining a positive partnership with students and staff, providing early intervention services to students, and overall improving community relations through partnership, prevention, intervention, education and progressive enforcement strategies.
13 Packet Pg. 367
Resolution (ID # 6125) Meeting of September 12, 2023
The School Resource Officer program aims to enhance the safety, security, and success of the District’s scholastic and interscholastic institutions by maintaining close, consistent and productive relationships with students, their families, and District staff.

CONCLUSION:

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

OF EL CENTRO, APPROVING AN AGREEMENT WITH THE CENTRAL UNION HIGH SCHOOL DISTRICT FOR SCHOOL RESOURCE OFFICER SERVICES.

ATTACHMENTS:
• RESO SRO CUHSD (DOCX)
• CUHSD SRO MOU (DOCX)
13 Packet Pg. 368
1 08/2023/cdz/A23-0122/Reso/MOU_CUHSDSchoolResource
Officers
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO, APPROVING AN AGREEMENT WITH THE

CENTRAL UNION HIGH SCHOOL DISTRICT FOR SCHOOL

RESOURCE OFFICER SERVICES
WHEREAS, it is necessary for the City Council of the City of El Centro, California (“City Council”) to approve an Agreement for School Resource Officer Services (“Agreement”) between the City of El Centro and the Central Union High School District; and WHEREAS, the City Council finds that the approval of said Agreement is in the best interest of the City of El Centro, California

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 does hereby approve a Memorandum of Understanding for School Resource Officer Services between the City of El Centro and the Central Union High School District.

3. That the City Manager of the City of El Centro, or his designee, is hereby authorized to sign said agreement, a copy of which is 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 held on the day of , 2023.

CITY OF EL CENTRO
ATTEST:

By
Norma Wyles, City Clerk
APPROVED AS TO FORM:

Office of the City Attorney
By
Elizabeth L. Martyn, City Attorney
By
Martha Cardenas-Singh, Mayor

13.a
Packet Pg. 369 Attachment: RESO SRO CUHSD (6125 : School Resource Officer Agreement with CUHSD) 2 08/2023/cdz/A23-0122/Reso/MOU_CUHSDSchoolResource
Officers

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES: NOES:

ABSENT:

ABSTAINED:

By
Norma Wyles, City Clerk

13.a
Packet Pg. 370 Attachment: RESO SRO CUHSD (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 1 MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE CITY OF El CENTRO

AND CENTRAL UNION HIGH SCHOOL DISTRICT

TO FURNISH SCHOOL RESOURCE OFFICERS (SRO)
This Memorandum of Understanding (“MOU”) is made and entered into between the City of El Centro (“City”), a municipal corporation organized under the laws of the State of California, and the Central Union High School District (“CUHSD”), a school district organized under the laws of the State of California.

MISSION OF THE SRO PROGRAM:

The mission of the El Centro Police Department in collaboration with Central Union High School District is to provide a safe, secure, orderly and effective teaching and learning environment for all students and staff within the Central Union High School District and the City of El Centro by protecting life and property.

Ensuring the safety, welfare, and best possible educational opportunities of students and staff on school campuses in El Centro is a priority to the school administration and the Police Department. Campus security will be increased by the presence of police officers who will interact with the students in both a positive and proactive manner. Police officers on campus will help improve relations between the Police Department and the youth of the community.

As a result, the Central Union High School District and the City of El Centro Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives:

A. SCHOOL RESOURCE OFFICERS' ROLE AND RESPONSIBILITY:

1. Providing a highly visible uniformed police officer presence on the campuses of the Central Union High School District in the City of El Centro.

3. Addressing day-to-day problems which may arise at Central Union High School District Campuses and working with the administration of Central Union High School District to assist in providing a safe, secure, and positive educational atmosphere for the students on a daily basis;

13.b
Packet Pg. 371 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 2 4. Opening better lines of communication between students and police officers by being available to meet with and talk to students, parents, and faculty members regarding law enforcement matters or crime prevention information;

5. Reducing juvenile crime through taking measures which are: (a) reactive (e.g., responding to calls, making police reports, engaging in intervention, making arrests, and representing CUHSD in court referrals related to the SRO responsibilities, etc.); and (b) proactively (e.g., maintaining a visible presence in the school and throughout the campus during the day and at extracurricular activities, preventing problems through making announcements and using posters, guest-speaking in classes, attending school activities and clubs, etc.);

7. Not to enforce immigration laws; and

8. Responding in the role of a law enforcer when crimes occur.

B. SCOPE OF SRO’S ACTIVITIES
The SRO will provide school security through the following activities:

1. Patrolling school buildings and campuses before, during, and after regular school hours;

2. Responding to, and handling, calls for service related to CUHSD campuses and/or facilities.

4. Assisting students with problems to divert them before they become disciplinary or criminal in nature;

5. Assisting staff by investigating suspicions of child abuse or neglect;

6. Coordinating use of approved deterrents to the possession, use, sale or transmission of tobacco products, illegal drugs or drug paraphernalia;

7. Deterring students from engaging in disorderly behavior by being present on the grounds;

13.b
Packet Pg. 372 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 3 8. Proactively handling school truancy issues with individual students and the school as a whole;

9. The SRO shall not be involved in the administrative discipline of students;

10. The SRO shall serve as a liaison between the school and other police agencies, investigation units, or juvenile justice authorities when necessary and consistent with applicable civil rights laws and privacy laws;

11. The SRO shall serve as a member of a multidisciplinary school team to refer students to professional services within both the school (guidance counselors or social workers) and the community (youth and family service organizations);

12. The SRO shall build relationships with juvenile justice counselors to help connect youth with needed services;

13. The SRO shall not solicit or collect information or documents regarding the citizenship or immigration status of students or their family members or provide assistance to immigration enforcement at district schools, except as may be required by state and/or federal law; and

14. It is understood the sharing of information is limited to federal or state laws that govern the collection, use, and dissemination of student records. Federal privacy laws, including the Family Educational Rights and Privacy Act of 1974 [FERPA], the Health Insurance Portability and Accountability Act of 1996 [HIPPA], and civil rights and other laws must be considered when developing plans for Criminal Justice Information Systems [CJIS] and/or sharing that involves personally identifiable information from student education records. The El Centro Police Department must balance safety interests and student privacy interests. All information sharing should be based on The Family Education Rights and Privacy Act (FERPA) and California laws that govern the release of records. FERPA does contain exceptions to the general consent requirement including the “health or safety emergency exception.” Disclosure based on this exception must be documented in the student’s education records to memorialize the emergency that formed the basis for the disclosure.

15. The SRO will assist students by:

13.b
Packet Pg. 373 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 4 F. Being involved in student-oriented activities and school sponsored events; G. Providing law enforcement insight into the school curriculum by being available as an information resource concerning law enforcement;
H. Using positive and restorative approaches in accordance with Penal Code 13651, which includes tactics such as de-escalation techniques to mitigate the use of force in an educational setting and shall strictly adhere to policy minimum use of force pursuant to Government Code 7286; and
I. Conducting workshops and presentations concerning student safety needs, drugs, alcohol, gangs, laws, and other related topics to students, District employees and the community.

C. RESPONSIBILITIES OF CENTRAL UNION HIGH SCHOOL DISTRICT In consideration of the services to be provided by the SRO as specified in this MOU, CUHSD has agreed to the following:

1. Base Reimbursement.

CUHSD shall reimburse the City at the fully burdened rate of two fulltime School Resource Officers for a period of no less than 10 months, per year, for a three-year period.

Reimbursement is for SRO services at CUHSD school sites, school functions and work performed off school sites, that are directly related to the SRO duties, including but not limited to:
preparing reports following incidents or arrests occurring at the school site, transporting suspects arrested at the school site; and attending court proceedings concerning incidents or arrests that occurred at the school site shall be considered SRO functions. CUHSD shall reimburse the City at the SRO’s fully burdened rate of pay, including increases to personnel salary based on current Employee/Employer MOU, as outlined below.

Year one (10 months): $200,896.52
Year two (10 months): $208,269.08
Year three (10 months): $212,434.46

1.1 In the event the SRO is entitled to receive overtime pay during any pay period wherein the SRO has performed SRO duties, ECESD shall fully reimburse the City for the additional cost of overtime earned by the SRO when the work activity is related to SRO duties. Overtime rates shall be calculated at one and one-half times the rate of pay at the assigned officer’s regular rate of pay at the time the overtime was worked.

1.2 Overtime rates shall be calculated at one and one-half times the rate of pay at the assigned officer’s regular rate of pay at the time the overtime was worked.

13.b
Packet Pg. 374 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 5 2. Regularly Scheduled Work.

The assigned SRO will work the following schedule for the Central Union High School District sites: Monday through Thursday from 7:30 a.m. to 4:30 p.m. and alternating Fridays from 8:00 a.m. to 4:00 p.m. and every other Friday off. Such schedule may change upon mutual agreement between both parties for the purpose of attending agreed-upon school-sponsored events, providing specialized training, and presentations, or to avoid/minimize overtime. The SRO may be made available on Fridays off upon mutual agreement of the parties in the event SRO support is needed.

3. Additional Work.

If the SRO is requested or required (for example, but not by way of limitation, for a court appearance as an investigating officer/witness) to work during hours outside of the SRO’s regularly scheduled work, (such as the occasional “off Friday,” and as a consequence of such additional work, the City is required to pay the SRO additional compensation (inclusive of overtime compensation as required by law), then CUHSD shall reimburse the City for the cost of this additional work pursuant to Section 3.1.2.

The persons authorized to request the SRO to perform such additional work are the following:

Superintendent, Assistant Superintendent or their respective successors. Any requests for additional work shall be made in writing (electronic communications are acceptable) and shall be directed to the attention of the Deputy Chief of Police and designee.

4. Time records.

The SRO shall keep a weekly time record for all hours worked and the City shall forward the time records to CUHSD quarterly. Any objections by CUHSD to the hours indicated in the time records shall be promptly reported to the Deputy Chief of Police, but in no case longer than 30 days after the date of transmission of the subject time records to CUHSD. Failure by CUHSD to make an objection to hours indicated in any time record within a 30-day period shall be a stipulation of its accuracy and consent by CUHSD to reimburse the City as and for the hours indicated.

5. Invoice and Payment.

The City will provide CUHSD a quarterly invoice for payment on or about the following dates:

January 31, April 30, July 31, and October 31. An invoice shall be paid no later than 30 days after its presentation to CUHSD.

6. Work Space/ Equipment.

CUHSD shall provide the SRO with an office area, including immediate access to a secure telephone, computer, and printer. All vehicles, maintenance, fuel, and insurance costs for a marked police vehicle will be the responsibility of the El Centro Police Department.

7. Liaison with SRO.

13.b
Packet Pg. 375 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 6 The Central Union High School District Superintendent or Designee will work with the SRO to:

A. Explain the school’s needs and help the SRO develop programs that will benefit the teaching-learning environment;
B. Provide the SRO with a copy of governing school policies and procedures, including the District’s policy and student conduct expectations and consequences; C. Review school policies and procedures pertaining to school safety, conduct comprehensive safety and security assessments and develop emergency management and incident response system based on the National Incident Management System (NIMS) and the four phases of emergency management; mitigation, prevention preparedness, response, and recover; and
D. The SRO may provide security and technology solution recommendations for the CUHSD consideration to enhance school safety; and
E. Furnish the SRO with information (e.g., attendance records, disciplinary records, etc.) as may be necessary to conduct investigations or make a juvenile referral or prosecution.

D. EMPLOYMENT STATUS

2. The City shall place the SRO at Central Union High School from October 1, 2023 through September 31, 2026. The City shall make all reasonable efforts to ensure the ongoing assignment of the SRO to Central Union High School until the end of the fiscal year. If any party has a dispute or seeks removal of the SRO, a meeting will be held to discuss the concerns brought forth by any party to this Agreement.

3. For purposes of student supervision and education, CUHSD shall grant the SRO the same status as it does for any teacher in the District and shall include the SRO under the coverage of its liability Insurance policy pertaining to employees of the District. Upon request, CUHSD shall provide evidence of such coverage. Except for conditions otherwise require, the SRO will be evaluated by the administrative team at the end of the school year. This evaluation will be memorialized in writing and should make the best attempts to address the following areas:

Cooperativeness, Courtesy, Diligence, Initiative, Judgment, Leadership, Quality of Work, and Self-Expression.

4. The SRO shall coordinate the performance of SRO duties with the CUHSD Superintendent or Designee, as applicable. In matters of dispute between the two, the Superintendent shall contact the El Centro Police Department to seek an informal resolution.

13.b
Packet Pg. 376 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 7 5. The City shall be responsible for providing workers’ compensation coverage for the SRO as well as such other benefits that the SRO shall be entitled to receive pursuant to the City’s memorandum of understanding with the applicable bargaining unit.

6. CUHSD acknowledges that the SRO may be assigned additional duties by the City as the needs of the El Centro Police Department dictate. At the discretion of the Deputy Chief of Police, the City shall have the option to assign the SRO additional duties even if the additional duties assigned conflict with the SRO’s scheduled SRO duties according to the needs of the El Centro Police Department. CUHSD acknowledges that the El Centro Police Department has historically experienced fluctuating staffing levels and that the need to provide police protection to the residents of the City of El Centro as a whole remains the top priority of the El Centro Police Department regardless of whether or not those needs conflict with the purposes of this MOU.

7. The SRO shall receive specialized training in school policing, including, but not limited to, training on adolescent development, trauma-informed investigations, crisis interventions and de-escalation, threat assessment, and active shooter situations.

F. NO INDEPENDENT BASIS FOR LIABILITY:

G. MISCELLANEOUS:

No waiver of any term or condition of this Agreement shall be a continuing waiver thereof. Any amendment to this Agreement shall be in writing and signed by both Parties.

13.b
Packet Pg. 377 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) MOU between City of El Centro and CUHSD effective October 1, 2023 8 AUTHORITY TO EXECUTE
This MOU constitutes the entire agreement of the parties. The signatures below warrant that they have the legal authority to enter into this MOU and bind their respective parties to the rights and obligations herein.

CENTRAL UNION HIGH SCHOOL DISTRICT CITY OF EL CENTRO, CALIFORNIA By:_________________________________ By:_________________________________ Arnold Preciado, Assistant Superintendent Cedric Cesena, City Manager By:_________________________________
Robert Sawyer, Chief of Police
Approved as to form:

By: _______________________________
Elizabeth L. Martyn, City Attorney
Date: _____________________

13.b
Packet Pg. 378 Attachment: CUHSD SRO MOU (6125 : School Resource Officer Agreement with CUHSD) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Public Hearing
Prepared By: Suzanna Gonzales
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 5991) DOC ID: 5991
Public Hearing to solicit public input on the 2022-2023 Consolidated Annual Performance Evaluation Report
(CAPER), approval of the CAPER, and authorization for staff to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD)
CITY MANAGER’S RECOMMENDATION:
1) Open the Public Hearing and solicit public input on the 2022-2023 Consolidated Annual Performance Evaluation Report (CAPER), approve the CAPER, and authorize staff to submit the CAPER to the U.S. Department of Housing and Urban Development (HUD).
2) Adopt Resolution No. 23- , RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF EL CENTRO APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2022 AS PART OF THE END OF THE YEAR REQUIREMENT

REPORT PROVIDED TO THE DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT UNDER THE ENTITLEMENT GRANTEE PROGRAM
FISCAL IMPACT:

The public hearing and approval of the Consolidated Annual Performance Evaluation Report (CAPER) do not have a fiscal impact on the general fund.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #4: Recreation and Lifelong Learning
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 is designated as an entitlement community by the U.S.

Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG). The City completed its 2022-2023 CDBG Program Year on June 30, 2023. For Program Year 2022-2023, the City allocated $563,294 in CDBG funds and $14,400 in State Program Income funds.

The document provides an assessment of the City's performance in meeting Program Year 2022-2023 housing and community development goals, as outlined in the 2022- 2023 One-Year Action Plan, adopted April 5, 2022.
14 Packet Pg. 379
Action Item (ID # 5991) Meeting of September 12, 2023
DISCUSSION:

The CAPER is for the period of July 1, 2022, through June 30, 2023, and is attached hereto for Council's review and consideration. The CAPER discusses the following:
goals and outcomes, racial and ethnic composition of those assisted, discussion regarding affordable housing, homeless and other special needs, as well as a discussion on public housing. The document has been made available for a 30-day public review period from August 11, 2023, through September 18, 2023, in compliance with HUD regulations. The purpose of this public review period is to provide the public the opportunity to comment on the manner in which the City utilized federal and nonfederal funds for fiscal year 2022-2023.

CONCLUSION:

It is staff's recommendation the City Council open the public hearing, solicit public input on the 2022-2023 Draft Consolidated Annual Performance and Evaluation Report and provide comments.

Staff recommends the City Council adopt Resolution No. 23- RESOLUTION OF THE

CITY COUNCIL OF THE CITY OF EL CENTRO APPROVING THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT 2022 AS PART OF THE END

OF THE YEAR REQUIREMENT REPORT PROVIDED TO THE DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT UNDER THE ENTITLEMENT GRANTEE

PROGRAM
ATTACHMENTS:
• Resolution Final (PDF)
• CAPER 2022-23 DRAFT.2 (PDF)
14 Packet Pg. 380
06/2023/cdz/A23-0121/Reso/CAPER2022-2023
RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT 2022 AS

PART OF THE END OF THE YEAR REQUIREMENT REPORT

PROVIDED TO THE DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT UNDER THE ENTITLEMENT

GRANTEEPROGRAM
WHEREAS, the City Council of the City of El Centro, California (the “City Council") has submitted to the Department of Housing and Urban Development its Community Development Block Grant Five-Year Consolidated Plan (2019-2023), 2022-2023 Annual Action Plan and Citizens Participation Plan for funding under the Entitlement Grantee Program; and WHEREAS, City of El Centro staff has prepared the Consolidated Annual Performance and Evaluation Report ("CAPER"), which is a summary of the City's progress toward meeting specified goals and objectives during the reporting period from July 1, 2022, through June 30, 2023, that contains a summary of the one-year accomplishments addressed in the 2022-2023 Annual Action Plan; and
WHEREAS, the City Council finds that its approval of the CAPER is in the best interest of the City.

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

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

2. That the City Council does hereby approve the CAPER, an original copy of which is 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

14.a
Packet Pg. 381 Attachment: Resolution Final (5991 : Public Hearing to Approve the 2022-2023 CAPER) 06/2023/cdz/A23-0121/Reso/CAPER2022-2023
APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF IMPERIAL ) ss

AYES:

NOES:

ABSENT:

ABSTAINED:

By ______________________________
Norma Wyles, City Clerk

14.a
Packet Pg. 382 Attachment: Resolution Final (5991 : Public Hearing to Approve the 2022-2023 CAPER) Consolidated Annual
Performance and Evaluation
Report (CAPER) 2022-2023
BEFORE
Community Services
Department
Economic Development Division
1249 Main Street
El Centro, CA 92243

14.b
Packet Pg. 383 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Table of Contents
CR-05 Goals and Outcomes ..................................................................................................... 1 CR-10 Racial and Ethnic Composition of (person/households/families) Assisted...................... 6 CR-15 Resources and Investments........................................................................................... 7 CR-20 Affordable Housing ...................................................................................................... 10 CR-25 Homeless and Other Special Needs ............................................................................ 12 CR-30 Public Housing............................................................................................................. 16 CR-35 Other Actions............................................................................................................... 17 CR-40 Monitoring.................................................................................................................... 27 CR-45 CDBG .......................................................................................................................... 29 Attachments:

Attachment 1: Certification of Publication
Attachment 2: Approving Resolution
Attachment 3: Reports
PR-03 – CDBG Activity Summary Report
PR-06 – Summary of Consolidated Plan Projects
PR-23 – CDBG Summary of Accomplishments
PR-26 – CDBG Financial Summary Reportp
PR-26 – CDBG-CV Financial Summary Report

14.b
Packet Pg. 384 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022
CAPER
P a g e | 1
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This document constitutes the City of El Centro's Consolidated Annual Performance and Evaluation Report (CAPER) for the use of Community Development Block Grant (CDBG) funds during FY 2022-2023. This report was prepared using the eConPlanning Suite system developed by the U.S. Department of Housing and Urban Development (HUD). The system prescribes the structure and contents of this document, following HUD's Consolidated Planning regulations.

The City of El Centro's 2019-2023 Five-Year Consolidated Plan describes the City's vision and strategies for improving the community using federal grant funds. The Five-Year Consolidated Plan was developed through consultation with the community and City department staff. Through this public outreach process, community priorities and needs were evaluated, goals and objectives were developed, and performance benchmarks for housing and non-housing community needs were identified.

The current Five-Year Consolidated Plan was adopted on April 2, 2019, for the period of FY 2019- 2020 to FY 2023-24. The Consolidated Plan is implemented through One-Year Action Plans that outline specific objectives and projects to address the priorities and needs identified. The FY 2022-2023 One-Year Annual Action Plan was adopted on April 6, 2022. This report summarizes the actions undertaken during FY 2022-2023 in the City of El Centro (which is the fourth year of the five-year Consolidated Plan period) and the progress towards achieving the five-year goals.

During the 2022-2023 Fiscal Year, the City’s Economic Development Division utilized CDBG funding to perform substantial improvements to public facilities, make investments to nonprofit organizations and provided for Code Enforcement efforts throughout the CDBG Target Area.

Additionally, CDBG-CV funding provided by the CARES Act was utilitzed to prevent, prepare for, and respond to the COVID-19 pandemic.

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g) Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

14.b
Packet Pg. 385 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 2
Goal Category Indicator Unit of
Measure
Amount
Con. Plan
Expected
Con. Plan
Actual
Con. Plan
Percent
Completed
Source /
Amount
Expected
Program
Year
Actual
Program
Year
Percent
Complete
Lead Based Paint
Reduction
-Lead Based Paint
Abatement
Program
Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
CDBG:
$50,000 5 2 40.0% CDBG: $5,000 1 0 0.0%
Asbestos Testing
and Removal
-Asbestos
Testing/Abatement
Program
Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
CDBG:
$50,000 3 1 33.33% CDBG: $10,000 1 0 0.0%
Improved and New
Infrastructure
-Housing Rehab
Off Site
Improvements for
Housing
NonHousing
Community
Development
Off-Site
Improvements
for Housing
Household
Housing
Unit
CDBG:
$50,000
5 1 20.00%
CDBG:
$10,000
1 0 0.0%
Promote Fair
Housing
-Fair Housing
Services
Affordable
Housing
Public
Housing
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
CDBG:
$225,000 2,500 574 22.9%
CDBG:
$47,250 500 111 22.2%
Support Services
for Seniors
-Senior Nutrition
Program
NonHomeless
Special
Needs
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
CDBG:
$60,000 340 297 87.3%
CDBG:
$11,885 60 97 161.6%

14.b
Packet Pg. 386 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 3
Homeless
Women, Children,
and Families -House of Hope
Affordable
Housing
Non-
Homeless
Special
Needs
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Homeless
Person
Overnight
Shelter
Persons
Assisted
CDBG:
$40,000 180 311 172.7
%
CDBG:
$11,375 42 51 121%
Public Services for
Homeless -Homeless Day
Center
Homeless
Non-
Homeless
Special
Needs
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Homelessness
Prevention
Persons
Assisted
CDBG:
$25,000 400 490 122.5% CDBG: $8,140 250 248 99.2%
Activities for Youth
and At-Risk Youth
-El Centro Police
Athletic League
Non-
Homeless
Special
Needs
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Person
Assisted
CDBG:
$22,500 340 707 207.9% CDBG: $8,043 700 409 58.4%
Code Enforcement -Code
Enforcement
Program
Non-
Housing
Community
Develop-
ment
Housing Code
Enforcement/
Foreclosed
Property Care
Household
Housing
Unit
CDBG:
$375,000 750 566 75.5% CDBG: $78,280 100 145 68.9%

14.b
Packet Pg. 387 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 4
Community Parks
and Recreation
Facilities -McGee Park
Lighting and
Basketball Court
Project
Non-
Housing
Community
Develop-
ment
Public Facility or
Infrastructure
Activities other
than Low/Mod
Income Housing
Benefit
Persons
Assisted
CDBG:
$500,000 4,672 CDBG: $438,722 4,672 4,672 100%
Housing
Rehabilitation
Program Affordable
Housing
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
CDBG:
$300,000
31 33.33%
Affordable Rental
and
Homeownership
Opportunities
Affordable
Housing
Homeowner
Housing Added
Household
Housing
Unit
CDBG:
$50,000
10 0.0%
Blight and
Substandard
Housing
Elimination
Affordable
Housing
Non-
Housing
Community
Develop-
ment
Buildings
Demolished
CDBG:
$50,000
100.0%
Continuum of Care Homeless
Non-
Homeless
Special
Needs
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Homelessness
Prevention
Persons
Assisted
CDBG:
$25,000 400 260 65.0%

14.b
Packet Pg. 388 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 5
Energy Efficiency Affordable
Housing
Homeowner
Housing
Rehabili-tated
Household
Housing
Unit
CDBG: $10,000
40 0.00%
Comply with Fair
Housing Planning
Requirements
Affordable
Housing
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted
CDBG:
$225,000 2,500
0 0.00%
Sidewalk
Improvement
Program
Non-
Housing
Community
Develop-
ment
Public Facility or
Infrastructure
Activities other
than Low/Mod
Income Housing
Benefit
CDBG:
$500,000
ADA
Improvements
Non-
Housing
Community
Develop-
ment
Public Facility or
Infrastructure
Activities other
than Low/Mod
Income Housing
Benefit
CDBG:
$100,000
Graffiti Abatement
Non-
Housing
Community
Develop-
ment
Public Facility or
Infrastructure
Activities other
than Low/Mod
Income Housing
Benefit
Persons
Assisted
CDBG:
$25,000 16,815 16,815 100%
Fire / Safety
Non-
Housing
Community
Develop-
ment
CDBG:
$5,000

14.b
Packet Pg. 389 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 6
Domestic Violence
Support Services
Homeless
NonHomeless
Special
Needs
Public Service
other than
Low/Mod
Income Housing
Benefit
Persons
Assisted
CDBG:
$30,000 340
Chronic Homeless
Support Services Homeless Homeless Prevention
Persons
Assisted
CDBG:
$25,000 400
Crime and Fire
Awareness and
Prevention
NonHomeless
Special
Needs
Public Service
other than
Low/Mod
Income Housing
Benefit
Persons
Assisted
CDBG:
$5,000 100 0 0.0%
Support Services
for the LGBT
Community
NonHomeless
Special
Needs
Public Service
other than
Low/Mod
Income Housing
Benefit
Persons
Assisted
CDBG:
$25,000 340
Expand the
Economic Base
NonHousing
Community
Development
Businesses
Assisted
CDBG:
$50,000 1 0 0.0%
Employment
Opportunities
NonHousing
Community
Development
Businesses
Assisted
CDBG:
$10,000 1 0 0.0%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

14.b
Packet Pg. 390 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 7
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The City made significant progress in addressing the Priority Needs and Goals outlined in the One-Year Action Plan. During the year, CDBG funds were expended on projects that provided benefit primarily to low and moderate income individuals and households in the city. Projects underway and/or completed during the year included:
 Lead Based Paint
 Asbestos Testing
 Housing Rehabilitation
 Off-Site Improvement in Support of Housing Rehabilitation  Public Services
o Fair Housing
o Senior Nutrition Program
o House of Hope - Shelter serving limited clientele (women and children) with shelter, case management, and food
o Homeless Day Center
o El Centro Police Athletic League
 Code Enforcement Program
 Façade Improvement Program
 McGee Lighting and Basketball Court Project
The City also continued efforts on providing services and assistance to the public in response to the COVID-19 pandemic through the use of CDBG-CV funding. Activities addressed included:
 Hand sanitizer and face masks to homeless individuals o To date, 200 individuals have been served
 Continued distribution of digital thermometers to city businesses to aid in safely reopening businesses o To date, 78 businesses have been served.
 Microenterprise loans to businesses of low/moderate income individuals affected by the pandemic
o To date, 12 businesses have been assisted.
 Restaurant Meal Delivery to Homebound Seniors
o To date, 105 persons have been served.

14.b
Packet Pg. 391 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 8
CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted). 91.520(a)
Race and Ethnicity CDBG
White 1,043
Black or African American 23
Asian 1
American Indian or Alaskan Native 29
American Indian/Alaskan Native & White 14
Black/African American & White 52
Other Multi Racial 2
Total 1,164
Hispanic 656
Not Hispanic 509
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative:

The City of El Centro and its subrecipients identify and prioritize community needs and offer services and programs to eligible persons/households regardless of race or ethnicity. Table 2 in Section CR-10 is generated by the HUD CAPER template, and the information reported reflects demographic information provided by the persons/households. For detailed demographic data, please view IDIS Reports-PR 23: CDBG Summary of Accomplishments which is included in Attachment 3.

The City continued to offer services through CDBG-CV activities including the Restaurant Meals for Seniors Program, Homeless Day Center, and Microenterprise Loan Program. While these numbers do not appear the in the PR-23 report, it is worth noting that the following accomplishments were achieved.

Race and Ethnicity CDBG-CV
White 319
Black or African American 2
American Indian or Alaskan Native 14
American Indian/Alaskan Native & White 1
Black/African American & White 21
Total 357
Hispanic 319
Not Hispanic 38

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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program
Year
CDBG public - federal $729,625 $591,547
CDBG public - state $31,260 $31,260
Table 3 - Resources Made Available
The FY 2022-2023 allocation for CDBG was $563,294. Approximately fifteen percent (15%) of the new allocation of CDBG funds was allocated for public service programs that provide benefits to low and moderate income persons and households. Twenty percent (20%) of the funds were allocated for planning and administration costs. The remaining funds were made available for housing, code enforcement and the McGee Park Lighting and Basketball Court Project activities. The City also re-allocated $166,331 of unused Entitlement funds from prior program years.

The total of Program Income received during the year was $31,260 and was included in Table 3 as Resources Made Available.

In the 2019-2020 Program Year, the City was allocated a total of $663,621 of CDBG-CV funding, which was provided by the CARES Act. The purpose of this funding was to provide activities that would prevent, prepare for, and respond to the COVID-19 pandemic. Of this funding, 10 percent (10%) was set aside for Program Administration; which is less than the allowable amount. This was done to allow 90% allocation towards activities to achieve the maximum impact in the community. Activities funded included the following:
 Purchase of face masks and hand sanitizers for homeless individuals  Provision of digital thermometers to businesses in El Centro  Establishment of a Microenterprise Loan Program
 Delivery of meals to homebound seniors from local restaurants  Assistance for the operation of the Catholic Charities Homeless Day Center. In addition to other services, the Homeless Day Center will also be providing COVID testing and vaccinations
The city had originally allocated funding for rent assistance and utility assistance; however, it was the County of Imperial’s strong recommendation that the City of El Centro re-allocate the CDBG-CV funding for rent and utility assistance to other needed services as the County of Imperial received funding in the amount of $23,901,435 to aid in past due and future rent of local tenants. Based on the County’s recommendation, the City reallocated the funding originally set aside for this activity toward the Homeless Day Center and Restaurant Meals for Seniors activities.

During the 2022-23 year, the city expended $331,483 toward CDBG-CV activities.

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Identify the geographic distribution and location of investments Target Area Planned
Percentage of
Allocation
Actual Percentage
of Allocation
Narrative Description
Local CDBG Target Area 69% 84.6% Local Target Area
Table 4 – Identify the geographic distribution and location of investments The city has one local CDBG Target Area identified in the 2019-2023 Consolidated Plan. When calculating the allocation of funding to the Target Area for the 2022 Fiscal Year covered by this CAPER, only the 2022-23 expended funding in the amount of $488,294 was included in the calculation. Projects in the Local Target Area included the Code Enforcement Program and the McGee Lighting and Basketball Court Project.

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

If there is an area where the City has been very effective, it is in the area of leveraging funds. Over the years, the City has managed to leverage CDBG funds with other federal, state, and local funding sources as well as private donations. The City also applies for HOME grants for the preservation or construction of new affordable housing projects, as this funding becomes available.

In 2019, the City of El Centro was successful in receiving $5,100,000 in grant funds from the HOME Program through the State of California Department of Housing and Community Development for the construction of the El Dorado Family Apartments. In partnership with an affordable housing developer, this project facilitated the construction of a 24-unit affordable family housing project. As part of this project, $5,000,000 of the HOME grant proceeds and $134,000 of HOME Program Income were loaned to the developer to assist with the financing for the project. This project was completed in September 2021 and the grant is currently being closed out.

In a separate partnership, the City loaned $500,000 of Tax Allocation Bond funding from the Successor Agency of the El Centro Redevelopment Agency toward the Countryside II Apartments Project. The developer of this project received HOME grant funding in the amount of $5,000,000 and along with other finance sources constructed a 56-unit affordable housing development in the City of El Centro, which was completed in November 2021.

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The City has initiated collaboration with certain developer to construct a 96-unit affordable housing community serving low-income families. The project will include five three-story residential buildings and one single-story community building. Will consist of twenty-four onebedroom, one-bath units; forty-eight two-bedroom, one-bath; and twenty-four three-bedroom, two-bath units. Fifteen percent of the units will be fully accessible to persons with mobility impairments and ten percent of the units will be built for those with sensory impairments. The community building will include a manager’s office, bathroom, laundry facility, and kitchen.

Approximately 155 parking spaces will be provided at the project, 14 of which will be accessible ADA spaces. Additionally, 48 secure bicycle parking spots in a completely enclosed area will be provided to residents only.

City staff continues to work closely with interested developers to identify sources of funding for the construction of new affordable multi-family housing. The types of funding that will be pursued will include tax-exempt mortgage revenue bonds, State of California Multi-Family Housing Program, and tax credits. The City has effectively partnered and plans to continue partnering with affordable housing developers and lenders to create new affordable housing units in the city. The City will also continue supporting the efforts of the Imperial Valley Housing Authority to obtain state and federal funds for the construction of affordable housing for lower income households.

A Notice of Funding Availability (NOFA) was issued by the Department of Housing and Community Development (HCD) on December 1, 2021, informing of the availability of $72 Million for the HOME Investment Partnership Program. The City of El Centro submitted and application for $3 million in funding to continue with the city’s Housing Rehabilitation Program.

The City has received notification from HCD, that it was successfully awarded $400,000.

The majority of the public land or property the City of El Centro owns is occupied by public facilities the City uses to conduct business or to provide recreational opportunities.

There are eleven (11) properties that are owned by the now dissolved redevelopment agency. Of the eleven (11) properties owned by the redevelopment agency, four (4) are for commercial and industrial use, and seven (7) are residential lots which can be used to provide affordable housing to low income households. All properties are listed on the Successor Agency’s Long Range Property Management Plan (LRPMP), which has been approved by the State of California Department of Finance. Staff is currently working with the city’s legal team to dispose of any properties necessary as dictated by AB 1486 and AB 1255 and the Surplus Land Act. On July 18, 2023, the Successor Agency to the El Centro Redevelopment Agency approved the sale of six (6) of the residential lots to a local real estate agent for the development of housing.

Additionally, the City worked sold a 5.91 acre property to a developer to facilitate the construction of 96-unit multi-family affordable housing.

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely lowincome, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households
to be provided affordable housing units 2 0
Number of Special-Needs households to
be provided affordable housing units 0 0
Total 2 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported
through Rental Assistance 0 0
Number of households supported
through The Production of New Units 0 0
Number of households supported
through Rehab of Existing Units 2 0
Number of households supported
through Acquisition of Existing Units 0 0
Total 2 0
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

In FY 2022-2023, the City addressed the “Provide Decent and Affordable Housing” Priority Need with the goal of providing affordable housing and rehabilitating existing affordable housing. The City also participates as a member of the Continuum of Care Council for the homeless to work toward the goal of providing housing to the local homeless population. The City used CDBG funds in FY 2022-2023 to address its housing priorities as follows:
 Provision of Fair Housing services to 111 El Centro residents  Owner-Occupied Housing Rehabilitation Program
Staff continues to evaluate eligibility and meeting with interested clients to assist with the CDBG Housing Rehabilitation program.

A critical factor that has impacted the City's overall achievement in the area of affordable

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housing is the dissolution of redevelopment in California in 2012. Without the Low/Moderate Income Housing Funds (LMIHF) as a source of leveraging, the City has limited capacity to pursue significant affordable housing projects. However, the now dissolved Redevelopment Agency did own properties that had been identified for the development of affordable housing.

The City is currently collaborating with a developer to construct a 96-unit affordable housing community serving low-income families.

Discuss how these outcomes will impact future annual action plans.

Progress has been slow in the promotion of the Housing Rehabilitation Program. However, with the easing of COVID-19 restrictions, staff has resumed evaluating low-income households that have shown an interest in the program. In the upcoming program year, staff will continue marketing the program in the local English and Spanish news publications, as well as the City’s social media to generate interest for participation in the program.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 0 0
Low-income 0 0
Moderate-income 0 0
Total 0 0
Table 7 – Number of Households Served

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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e);

91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City of El Centro is part of the Imperial Valley Continuum of Care Council (hereafter referred to as "IVCCC"). The IVCCC meets quarterly (virtually due to the pandemic) to discuss service delivery and assistance to be provided to homeless persons. Members of the IVCCC include public agencies, housing authorities, community based organizations, faith based organizations and private citizens representing the interest of the homeless population.

In addition, the City uses its CDBG funds to complement the IVCCC strategy. For FY 2022- 2023, the City expended $11,375 towards Catholic Charities’ House of Hope women's shelter. This program serves the homeless population through direct case management temporary living facilities, and referrals to other agencies or other direct assistance. To further efforts of providing services to homeless individuals, the city expended $15,820 of CDBG funds and $145,371 of CDBG-CV funds towards the Catholic Charities Homeless Day Center. The new facility provides showers, meals, COVID testing, and wrap around services to individuals experiencing homelessness.

Addressing the emergency shelter and transitional housing needs of homeless persons
At the start of the 2022-23 year, there were two emergency shelters operating in El Centro having a total capacity to house up to eighty-seven (87) persons. These programs serve a limited clientele, specifically homeless and battered women and children through direct case management services, temporary living facilities, and referrals to other agencies or other direct assistance. The emergency shelters were operated by Catholic Charities (House of Hope) and the Center for Family Solutions (Womanhaven). During the 2022-23 Fiscal Year, the City received notification that the House of Hope has ceased operations and the facility has been closed down. This leaves the City with only the Womanhaven facility in operation.

For FY 2022-2023, the City allocated $11,375 toward the operation of the House of Hope shelter; however the facility closed down prior to the full allocation being expended. A total of $3,923 was used to help provide emergency shelter for women and children experiencing homelessness, prior to the closure of the facility. In total, fifty-one (51) persons were served at the House of Hope shelter. For this fiscal year, Womanhaven did not request funding.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are:
likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health

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facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City of El Centro in partrnership with Imperial Valley College Foundation developed a Cityowned property to provide housing to Imperial Valley College homeless students. The Lotus Living Rise Above Resilient Community project consisted of the installation of twenty-six (26) tiny home units. The units measure 170 square feet and include, a kitchen, restroom, bed, desk, closet, patio and washer and dryer stacked units.This project serves students with extremely low income levels and prioritizes serving former foster youth. The Lotus Living complex is continues to be fully occupied.

As mentioned previously, the City of El Centro participates in the IVCCC's efforts in ending chronic homelessness. The IVCCC coordinates services and funding to remove people from homelessness to permanent housing. Chronically homeless persons require rehabilitation services, employment training and placement, health services, and case management services to transition from homelessness to transitional housing and then to supportive/permanent housing. The Womanhaven emergency shelter served 480 women and children in 2022/2023. It continues to provide the assistance and services needed such as; crisis line 24/7, crisis intervention, advocacy, case management, counseling, emergency food and clothing, transportation, employment services, and housing services.

To avoid homelessness, the City also encourages families who may be experiencing foreclosure to seek assistance from the City's fair housing provider, Inland Fair Housing and Mediation Board, to find ways in which way they can remain in their home.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
 Through the Continuum of Care set up under the umbrella of the IVCCC, the City intends to prevent individuals and families who were recently homeless from becoming homeless again.
 Womanhaven continues to apply for ESG funding for rapid re-housing of victims of domestic violence who find themselves homeless and in addition serves other persons who find themselves homeless for other reasons. Persons served are single individuals and single parents with children.
 The Imperial Valley Regional Occupational Program (IVROP) also has a program known as "Project ACE," which is directly geared to servicing the needs of youth in foster care and former foster youth. Access to housing is one of the areas Project ACE targets.

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 In terms of preventing homelessness among veterans and their families, the Imperial Valley Housing Authority (IVHA) prioritizes assisted affordable housing to veterans of the Armed Forces. In addition, the IVCCC works to develop strategies to identify and serve veterans. They continue to explore funding opportunities, including advocating for rightful VA services in the Imperial County.

Another important source the IVCCC has created is a resource guide identifying available service providers, which enables individuals and families to see what services are available in the community. The resource guide includes the name of the organization providing the service, location, contact information, and the type of service they provide.

It is also the City's intent to continue supporting the efforts of local nonprofit agencies such as Womanhaven and Catholic Charities to obtain funds to provide rapid re-housing assistance.

These agencies provide supportive services to help individuals and families quickly secure housing and provide short-term financial and rental assistance.

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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
The City of El Centro does not operate its own public housing authority. Therefore, residents of El Centro seek public housing and housing choice vouchers through the Imperial Valley Housing Authority.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
The City of El Centro does not operate its own public housing authority.

Actions taken to provide assistance to troubled PHAs
The City of El Centro does not operate its own public housing authority.

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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j);

91.320 (i)
The City of El Centro works to remove barriers to affordable housing and the financial impact of them. Efforts to protect public health and safety include taking actions to reduce development costs or provide financial incentives to assist in the production of safe, high quality, and affordable housing.

For FY 2022-2023, the City allocated $25,000 of CDBG funds for housing rehabilitation activities, which included the Lead Based Paint and Asbestos Abatement Programs as well as the Off-Site Improvements in support of the Housing Rehabilitation Program.

Additionally, the City has the FTHB Program available to its residents to assist income-eligible residents in obtaining housing.

Actions taken to address obstacles to meeting underserved needs. 91.220(k);

91.320(j)
A major obstacle to addressing the underserved needs is the lack of adequate funding, especially for affordable housing activities. With the dissolution of redevelopment in California, and reduced state and federal funding levels, the City's ability to address the extensive needs in the community is seriously compromised.

During FY 2021-2022, the City of El Centro worked with two developers toward leveraging HOME grant funds, HOME Program Income, and Tax Allocation Bond funding toward the development of two affordable housing projects. These developments were completed at the end of 2021 and have provided much needed housing.

In the 2022-2023 FY, the City continued collaborating with a developer to construct a 96-unit affordable housing community. This aids the City in attaining the goals set out in the Regional Housing Needs Assessment (RHNA). Per the SCAG RHNA's allocation for the City of El Centro in the planning period of 2013-21, the City is required to carry out the creation of 487 housing units for very low income households and 300 for low income households.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) As part of the inspection process for the Housing Rehabilitation and FTHB Programs for residences built prior to 1978, the City requires inspections for the potential presence of leadbased paint and the potential hazard such paint may pose to occupants of the residence. If the

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inspection reveals that a potential hazard exists, the City requires full testing, mitigation, and removal of the lead-based paint hazard in accordance with HUD regulations. CDBG funds are provided as a grant for the testing and abatement of lead-based paint hazards through the Housing Rehabilitation Program.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) In an effort to reduce the number of households in poverty, El Centro will continue to support the use of existing county job training and social service programs to enhance employment marketability, household income, and housing options. In addition, the City participates in various county-sponsored programs by providing City Hall as a worksite, providing temporary positions with supervision, training, and performance evaluations to indicate their degree of success.

As part of the CDBG-CV funding allocation received in the 2019-2020 FY, the City established a Microenterprise Loan Program which provides loans up to $10,000 to income-qualified micro businesses. In an attempt to keep people employed in light of the COVID-19 pandemic, the loans are forgivable if the business retains at least one full-time (or equivalent part-time) job for six months. During the FY 2022-23, the city approved loans to four (4) local businesses. This is in addition to the eight (8) loans previously approved through the program.

The City also received $550,000 of CARES Act funding from the Department of Commerce’s Economic Development Administration to supplement the City’s Revolving Loan Fund (RLF) Program. The funding is to alleviate sudden and severe economic dislocation caused by the coronavirus (COVID-19) pandemic, to provide permanent resources to support economic resiliency, and to further the long-term economic adjustment objectives of the City of El Centro and Imperial County. Throughout this program, the City worked with four clients to issue RLF loans, totalling $435,000. To date, this funding has created a total of 12 jobs. Two of the businesses receiving loans, a hotel and bakery, are currently under construction. Both of these businesses are scheduled to open in 2023 and it is anticipated that a combined 28 jobs will be created.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) In FY 2022-2023, the City allocated $86,693 of CDBG Entitlement and Program Income funding toward Public Services during Annual Action Plan process, which included services for Fair Housing, homeless services, meals for homebound seniors, and youth athletic activities. In addition, the City proactively pursued funding at the local, State and Federal levels to leverage CDBG funds.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City maintains a list of interested potential applicants for the CDBG Annual Action Plan Request for Proposals (RFP) process. A letter announcing the availability of funds along with

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the RFP application is mailed to these interested agencies annually. In addition, notices are published in our local English and Spanish newspapers and on the City's website. Applications for public services and public facilities projects are accepted after notification for a minimum of a 30-day availability period. In addition, staff conducts two public meetings to provide technical assistance to interested citizens and agencies in understanding and applying for El Centro's CDBG funds.

During the preparation of the most recent Analysis of Impediments to Fair Housing Choice, information was obtained through residential surveys and consultation with a Fair Housing Advisory Council, which included representatives of various agencies including the Imperial County Transportation Commission, Imperial Valley Housing Authority, Imperial County Association of Realtors, California Rural Legal Assistance, Inland Fair Housing and Mediation Board, an affordable housing developer, and an independent living center.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City of El Centro's 2019-2024 Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan (AI) was completed and accepted in June 2019. The 2019-2024 AI presents a comprehensive review of the demographic profile of El Centro and Imperial County, assesses the extent of housing needs among specific income groups and evaluates the range of available housing choices for residents. The AI also analyzes the conditions in the private market and public sector that may limit the range of housing choices or impede a person's access to housing.

Most importantly, the AI identifies impediments that may prevent equal housing access and develops solutions to mitigate or remove them. The AI lists specific impediments, the conclusions of the actions taken by the City to overcome the effects of those impediments, as well as recommended actions.

To aid in addressing the impediments to Fair Housing Choice, the City contracts with Inland Fair Housing and Mediation Board to provide Fair Housing Services which include:
 Processing of Housing Inquiries
 Complaint Investigation and Referral
 Public Education and Outreach on Fair Housing
 Reporting
During the preparation of the AI the following areas were evaluated to identify public sector fair housing impediments.
 Policies and practices of the Imperial Valley Housing Authority AI Conclusion and recommendation: A detailed review of its policies and practices demonstrate that the IVHA affirmatively furthers fair housing choice.

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Evaluation for FY 2022-2023: As recommended, the IVHA continues to actively encourage families to seek housing in neighborhoods with low concentrations of lowincome families. To date, the Housing Choice Voucher Program Guide for Landlords & Owners has not been supplemented with information on property management practices that affirmatively further fair housing as recommended in the AI. The City will continue encourage the IVHA to supplement the information in their program guide.  Transit services provide to affordable housing developments and major employers by the Imperial Valley Transit
AI Conclusion and recommendation: Within the current AI, it was determined that the Imperial Valley Transit (IVT) provides regularly scheduled, economical, bus service to all affordable housing development and all major employment centers except for rural Ross Road. As such it was concluded that services provided by IVT are comprehensive and do not create an impediment to fair housing.

Evaluation for FY 2022-2023: The City received notice of award of funding through the Affordable Housing and Sustainable Communities grant program for an affordable housing development. As part of the application processes, thorough reviews were done to identify, among other items, the availability of local transit and transportation for the proposed developments.

The City will continue to work with developers to promote affordable housing developments in close vicinity to public transit services.  Dispersal or concentration of group homes housing
AI Conclusion and recommendation: The AI process determined that no overconcentration of group homes exists. The City will continue its practice of annually determining the number and location of licensed group homes. If an overconcentration appears to be emerging, the City will contact the California Department of Social Services, Community Care Licensing Division to implement measures that would avoid over concentration.

Evaluation for FY 2022-2023: During the 2022-2023 fiscal year, the City did not receive any proposed group home project applications.
 City of El Centro Planning, Zoning, and Building Policies and Practices AI Conclusion: An analysis was conducted that was organized into five categories including Housing for Disabled People, Housing for Special Needs Populations, Affordable Housing Policies, Accessible Housing and Parking, and other Fair Housing Policies. The completed analysis demonstrates that El Centro’s practices are consistent with fair housing laws and affirmatively further fair housing.

Evaluation of FY 2022-2023: During the 2019-2020 FY, the City was awarded grant funding from the State of California Sustainable Communities Grant program to update the Land Use and Mobility (Circulation) Elements of the General Plan and prepare an Environmental Justice Element. This update was completed consistent with applicable fair housing laws and it was completed in June 2021. The Community Development

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Department completed the 2021 Housing Element Annual Report and was accepted by City Council on March 1, 2023, which establishes clear goals and objectives to inform future housing decisions. The 2021-2029 Housing Element update has been reviewed by the Department of Housing and Community Development (HCD).  Housing Discrimination
AI Conclusion and Recommendation: Based on past trends, 40 housing discrimination cases may be filed with the IFHMB during the five year period between FY 2021-2022 and FY 2023-2024. During the same period, it is estimated that five housing discrimination cases would be filed with HUD while two to five could be filed with the California Department of Fair Employment and Housing (DFEH). With respect to the fair housing impediment of housing discrimination, the following actions will be taken  The City will continue to offer its residents fair housing services, which will include the processing of housing discrimination complaints and landlord/tenant counseling services. Sometimes a landlord/tenant issue has as its basis a housing discrimination concern.
 Efforts will be made to increase community awareness of the Inland Fair Housing and Mediation Board (IFHMB) services through postings on the City’s web pages, publication of newspaper display ads, and Community Newsletter articles.

A greater community awareness of IFHMB may result in a higher number of families expressing their right to file a housing discrimination complaint.

Evaluation of FY 2022-2023: The City of El Centro continues to provide information on IFHMB’s services on City web pages.

During the fiscal year 2022-2023, IFHMB conducted nine (9) fair housing webinars [four (4) in Spanish and five (5) in English]. A total of one hundred and forty-nine (149) attendees received fair housing and landlord / tenant education. The webinars provided information on the Federal and State laws, reasonable accommodation and modification process, how to recognize and report discrimination, fair housing rights and responsibilities, sexual harassment, sex discrimination, and domestic violence.  Brokerage Services
AI Conclusion and Recommendation: As no private sector impediment was found to exist, no recommendations are necessary concerning brokerage services. Although no impediments were found concerning brokerage services, the City will request that the Imperial County Association of REALTORS accomplish the following:
 Revise the Resources tab on its website to:
 Add a Fair Housing Information button (e.g. include information on steering, link to the Inland Fair Housing and Mediation Board, etc.)  Add information to the current insurance button such as the value of a C.L.U.E. Report (Comprehensive Loss Underwriting Exchange) when purchasing a home.
 Enlist the services of IFHMB to offer a 3-hour Fair Housing course. Every four years, when renewing their license, all brokers and sales persons are required to

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complete a course on fair housing. Currently, most renewals are accomplished through online courses.

Evaluation of FY 2022-2023: To date, the ICAOR has not revised their resources tab to include a Fair Housing link or information on the value of a C.L.U.E. Report. Although the City cannot dictate what information this agency provides on its website, the City will continues to request the changes be made by demonstrating the advantages of providing for a well-informed client base.

The City of El Centro will be working with the IFHMB to offer a Fair Housing course to brokers through the ICAOR.
 Steering
AI Conclusion and Recommendation: It is not known with certainty if steering is an impediment to fair housing choice in El Centro. However, HUD statistics shows it is not a major issue. However, during the five-year period from FY 2019-2020 through FY 2023-2024, the City’s fair housing provider, Inland Fair Housing & Mediation Board, will:
 Offer as part of its home buyer counseling services examples of how to detect “steering” during the home search process and how to detect “loan steering.”  Provide information to renters attending workshops on how to detect steering behavior by resident property managers.
 Continue to include “steering” as category of alleged housing discriminatory acts.

Evaluation of FY 2022-2023: The City of El Centro is working with Inland Fair Housing and Mediation Board (IFHMB) to ensure that dissemination of this type of information is included in their counseling and workshop opportunities.  Appraisal Practices
AI Conclusion and Recommendation: Complaints regarding discriminatory appraisal practices are not routinely collected by local, State or Federal agencies. Would-be homebuyers are in the best position to detect potentially discriminatory practices.

However, it is unknown if the lack of consumer knowledge of the scope and meaning of appraisal reports is an impediment to fair housing choice in El Centro. The following action will be taken:
 IFMHB will continue to offer homebuyer counseling services in order to 1) inform borrowers of their right to request the appraisal report and 2) provide information on the contents of the report and how to detect possible discriminatory practices.

Evaluation of FY 2022-2023: As per the recommendation, IFHMB will continue to offer the described homebuyer counseling services.
 Mortgage Lending Practices
AI Conclusion and Recommendation: The City’s goal is to improve the loan approval rates of all racial and ethnic populations that want to buy a home located in El Centro.

To improve even further the loan approval rates, borrowers can be helped to understand the loan approval process before they submit a loan application. To address possible impediments, the Inland Fair Housing and Mediation Board will:

14.b
Packet Pg. 407 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 24
 Continue to offer first-time home buyer seminars to explain to borrowers the need to lower debt-to-income ratios to a level acceptable to lenders. Implementation of this recommended action should result in better prepared borrowers and cause an increase in loan approval rates of all loan applicants, regardless of race or ethnicity.
 Work with the lenders to determine why a few census tracts have high loan denial rates in order to gather information that could assist would-be homebuyers to increase the probability of garnering loan approval for homes in neighborhoods of their choice.

Per the requirements of AB 686, the city will prepare an Assessment of Fair Housing (AFH) as part of its Housing Element Update which was adopted March 1, 2022. During the preparation of the AFH, the City will conduct a multi-year analysis of loan denial rates to determine with more precision the degree to which lending discrimination exists in El Centro.

Evaluation of FY 2022-2023: The City of El Centro is working with IFHMB to ensure that these services are covered by their current service contract. If not included, the contract will be amended to incorporate the services.
 Homeowners Insurance
AI Conclusion and Recommendation: Evidence is unavailable on whether homebuyers in escrow who are seeking homeowner’s insurance are discriminated against because of their race, color, disability or other protected characteristics.

However, without adequate knowledge would-be homebuyers could pay more than they need for appropriate insurance coverage. The lack of consumer awareness of the nature of homeowners insurance may impede fair housing choice. The following actions will continue to be taken:
 IFHMB will continue to explain “homeowners insurance” and “C.L.U.E. Reports” during its homebuyer counseling services.

Evaluation of FY 2022-2023: As recommended, IFHMB will continue to provide information on homeowner’s insurance and C.L.U.E. Reports.  Blockbusting/Panic Selling
AI Conclusion and Recommendation: There is no evidence to indicate that blockbusting/panic selling has occurred in El Centro in recent years. Consequently, there are no actions recommended for future implementation.

Evaluation of FY 2022-2023: No actions taken.
 Property Management Practices
AI Conclusion and Recommendation: The survey results revealed that impediments to fair housing exist in El Centro. Therefore, subject to funding availability, the City will implement the following actions:
 Invite the apartment managers to one or more workshops; the topics could

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Packet Pg. 408 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 25
include:
 Fair housing laws in general
 Fair housing laws regarding occupancy limits
 Fair housing laws regarding reasonable accommodations and modifications
 Sample written policies regarding service and companion animals Evaluation of FY 2022-2023: The City of El Centro is working with IFHMB to ensure that this service is incorporated into their Professional Services Agreement.  Discriminatory Advertising
AI Conclusion and Recommendation: Ads containing discriminatory words or phrases are infrequently unpublished. However, ads with discriminatory words or phrases may be published in the future. Additionally, ads stating “no pets” may discourage disabled persons from applying for the apartment housing advertised in print publications. The City will accomplish the following actions:
 Ensure, if funding is available, that IFHMB accomplishes the following:
 Annually review ads published in newspapers, on-line apartment search sites, and craigslist. Ads with discriminatory words or phrases should be investigated in more detail with follow-up enforcement actions, if necessary.
 Encourage the Imperial Valley Press to publish a concise “no pets” notice that indicates rental housing owners must provide reasonable accommodations for “service animals” and “companion animals” for disabled persons.

Evaluation of FY 2022-2023: As funding is available, the IFHMB will review ads for local housing opportunities for discriminatory words or phrases and investigate. Imperial Valley Press will be contacted regarding the “no pets” notice; however, it should be noted that due to the availability of free on-line advertising opportunities for local rental agencies, there are minimial, if any, advertisements in the local news papers.  Hate Crimes
AI Conclusion and Recommendation: No actions are recommended as no hate crimes have been reported in El Centro in recent years.

Evaluation of FY 2022-2023:

The City will continue to work closely with its Police Department to identify hate crimes at residential locations.
 Population Diversity
AI Conclusion and Recommendation: Since 1990 the Dissimilarity Index trend line for the Region has been higher than that of the City of El Centro. Not actions are necessary as the City’s Dissimilarity Index is in either the Low or Moderate range.

Evaluation of FY 2022-2023: No action taken.
 Location of Affordable Housing
AI Conclusion and Recommendation: The Imperial Valley Housing Authority will

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Packet Pg. 409 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 26
continue to seek Section 8 rental housing opportunities outside census tracts with a high percentage of the populations having incomes below the poverty level. The City has transmitted to the IVHA the most recent data on poverty incomes at the census tract level. For the most part, the location of El Centro’s affordable housing stock is well disbursed. While most affordable housing developments are located in low and moderate income neighborhoods, only one has contributed significantly to the low- and moderate-income percentage of the neighborhood in which it is located.

Evaluation of FY 2022-2023: As previously mentioned, the City partnered with a developer for the construction of the El Dorado Family Apartments, which is an affordable housing development completed in 2021. Although this development is located adjacent to an apartment complex with affordable housing units, it is also located across the street from a new, larger apartment development that is considered to be “luxury” apartments with no affordability restrictions.

It is evident that the provision of Fair Housing Services is critical in addressing the impediments to fair housing choice. During FY 2022-2023, IFHMB continued to provide invaluable services to the local community. Below is an example of actions taken by IFHMB during the fiscal year 2022- 2023.
 Conducted nine fair housing workshops in English and Spanish to the community, [four (4) in Spanish and five (5) in English]. A total of one hundred forty-nine (149) attendees received fair housing and landlord / tenant education. The webinars provided information on the Federal and State laws with an emphasis on fair housing rights during the COVID19 pandemic, reasonable accommodation and modification process, how to recognize and report discrimination, fair housing rights and responsibilities, sexual harassment, sex discrimination, and domestic violence.
 In response to the COVID-19 pandemic, IFHMB created an innovated social media and virtual marketing strategy to increase public awareness of fair housing rights.  As part of the social media and virtual outreach and education programs, IFHMB:
 distributed over fifty (50) fair housing public service announcements via social media and MailChimp;
 distributed a fair housing brochure to the Cancer Resource Center of the Desert in El Centro;
 distributed fair housing public service announcement cable releases to local jurisdictions to be publicized on local access channels;  distributed four (4) electronic quarterly fair housing newsletters to over two thousand five hundred (2,500) newsletter subscribers; and  provided information regarding federal and state fair housing issues via Facebook, and IFHMB website www.ifhmb.com.
 Promoted services via social media and public service announcements. IFHMB has posted updated information with resources on the agency’s website related to COVID-19.

As part of our ongoing marketing efforts, IFHMB also utilizes an online advertising service developed by Google. The service is called “Google AdWords.” This marketing platform is used to drive online users who are seeking assistance to IFHMB’s website for additional

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Packet Pg. 410 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 27
information on programs and services. IFHMB also uses Eventbrite, MailChimp, Facebook, and Twitter to promote workshops and events.
 Besides screening calls for fair housing implications and provide landlord-tenant information, IFHMB has assisted residents in the City of El Centro regarding the following issues:
 Five (5) were assisted with issues related to eviction.  Two (2) were assisted with repair concerns.
 Two (2) were assisted with issues related to possible discrimination based on familial status.
 Two (2) were assisted with issues related to possible discrimination based on disability.
 One (1) was assisted with issues related to possible discrimination based on race.

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Packet Pg. 411 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 28
CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
All proposed projects and subrecipient applicants are evaluated as part of the pre-award assessment. Technical assistance is provided and on-site monitoring is conducted for all subrecipients or whenever a subrecipient is showing signs of compliance issues. Desk reviews are performed continually as follows: Performance reports are reviewed monthly for progress and performance of activities. Additionally, invoices are reviewed in detail for appropriate documentation of services rendered, allowability of costs, and proof of payment. It is the City's policy that reimbursements are withheld from subrecipients whenever reports are late and until any outstanding compliance issues are resolved.

All housing rehabilitation and FTHB loan recipients are monitored on an annual basis for compliance with owner-occupancy requirements. An annual certification is sent for execution along with a request for supporting occupancy documentation, which is then placed in the borrower's loan file. The certification process resumed as the COVID-19 infection rate for the County of Imperial began to decline.

Outreach to minority and women-owned businesses is conducted as part of the City's housing programs. The contractor's list is open to all licensed contractors subject to insurance requirements and verification of their lack of placement on the Federal publication that lists debarred, suspended, and ineligible contractors. This list is updated on an annual basis. The list of participating lenders is also open to all, subject to execution of a contract with the City.

The City is cognizant of the prohibition of administering the CDBG Program in such a way as to limit access on the basis of race, color, and national origin. Additionally, steps were taken to identify under-representation of protected groups. All activities undertaken are required to report on a monthly basis the breakdown of demographic information on their clientele served.

Detailed information is provided in IDIS Reports-PR 23: CDBG Summary of Accomplishments which is included in Attachment 3. Collectively, the following represents the under-represented populations served.

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Packet Pg. 412 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 29
Under-served Population CDBG Actual
Female Head of Household 160
Elderly 2
Disabled 107
Homeless 260
Table 8: Summary of Under-Served Population
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

A Notice of Public Review and Comment Period was published in the Adelante Valle Spanish news paper on August 11, 2023, and the Imperial Valley Press news paper on August 11, 2023, giving notice that the CAPER would be available for a 30-day review and comment period. As part of this notification, the public was advised that accomodations could be made upon request for any member of the public with hearing impairment or physical disability. The 30-day period began on August 11, 2023 and concluded on September 11, 2023. The draft CAPER document was made available to the public at the City Clerk's Office, the Public Library, the Community Center, and the Economic Development Division's office during normal business hours. It was also posted on the City's website.

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Packet Pg. 413 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City of El Centro
Fiscal Year 2022 CAPER P a g e | 30
CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

Staff is evaluating how to increase participation in the Housing Rehabilitation Program and FTHB Program and will continue to pursue an aggressive marketing and awareness campaign to its residents.

Staff will pursue educating project managers and applicants of the importance of readiness and timely expenditures. Technical assistance will continue to be made available upon request as part of the program project outreach.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.

14.b
Packet Pg. 414 Attachment: CAPER 2022-23 DRAFT.2 (5991 : Public Hearing to Approve the 2022-2023 CAPER) City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Human Resources
El Centro, CA 92243 Category: Personnel
Prepared By: Dulce Bedolla
SCHEDULED Department Head: Dulce Bedolla
ACTION ITEM (ID # 6128) DOC ID: 6128
Reclassification of Finance Manager
CITY MANAGER’S RECOMMENDATION:

Approve the reclassification of the Finance Manager position.

FISCAL IMPACT:

The fiscal impact to the General Fund will be $26,471 annually.

STRATEGIC PLANNING PROGRAM 2013-2018 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:

The finance department manages the City's budget and is integral to the city's operations. It is composed of seven (7) staff members with the Finance Manager being second to the Finance Director. Recruitment for the Finance Manager position, until recently, had not been advertise externally for 30+ years. In order to attract strong candidates a review of this position was needed. A strong finance department creates financial resilience.

DISCUSSION:

A comparative review of other Financial Manager positions was conducted to determine the proposed G21 grade for this position. The current grade of this position is G17.

CONCLUSION:

Approve the reclassification of the Finance Manager position. 15 Packet Pg. 415
City Council of the City of El Centro Meeting: 09/12/23 11:30 AM 1275 Main Street Department: Community Services
El Centro, CA 92243 Category: Resolution
Prepared By: Clara Obeso
SCHEDULED Department Head: Adriana Nava
ACTION ITEM (ID # 6101) DOC ID: 6101
Resolution Approving the 2023-24 CDBG Entitlement
Subrecipient Agreement
CITY MANAGER’S RECOMMENDATION:

Adopt Resolution 23- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE FORM OF SUB-RECIPIENT AGREEMENT WITH PUBLIC

SERVICE PROVIDER IDENTIFIED IN THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT ONE-YEAR ACTION PLAN (2023-2024) FOR FUNDING FROM THE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT UNDER THE

ENTITLEMENT GRANTEE PROGRAM
FISCAL IMPACT:

Activity and project costs will be paid for with Community Development Block Grant (CDBG) Entitlement funds in the amount of $563,406, and anticipated CDBG Program Income funds in the amount of $14,000.

STRATEGIC PLANNING PROGRAM 2022-2027 RELATION:

Goal #3 - Community Health, Safety & Welfare
Goal #4 - Recreation and Lifelong Learning
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 was designated as an entitlement community by the U.S.

Department of Housing and Urban Development (HUD) in 2004. For fiscal year 2023- 2024, the City anticipates to receive an allocation in the amount of $563,406 under the Community Development Block Grant Program to address housing and community development needs.

As a prerequisite for funding under the CDBG Entitlement Program, the City is required to prepare a One-Year Action Plan, which outlines the projects and/or programs the City intends to undertake. When selecting activities to be funded, the City has the opportunity to provide up to 20% for Program Administration, up to 15% for Public Services, and the balance of funding may be used for other eligible activities.

On April 13, 2023, the City Council adopted the City's 2023-2024 Action Plan for the CDBG Entitlement Program. The One-Year Action Plan was developed through the combined efforts of City staff, City Council, and through the Citizen Participation process of local non-profit organizations and residents of El Centro.

The City Council elected to fund activities and projects to be undertaken in the 2023- 16 Packet Pg. 416
Action Item (ID # 6101) Meeting of September 12, 2023
2024 Action Plan that address housing, community development needs, Code Enforcement, Public Services, and Program Administration.

DISCUSSION:

As part of the annual process, the City is required to enter into sub-recipient agreements for each activity to be undertaken during the upcoming CDBG Program Year.

Attached please find the following documents:
• The Summary of CDBG Projects for FY 2023-2024, which lists the sub-recipients receiving funding under the CDBG Entitlement, the State CDBG Program Income, and their respective allocations.
• Sub-recipient agreement template, which has been reviewed and approved by the City's legal department.

Annually, City Council reviews and approves the Sub-recipient Agreement to ensure it is appropriate for distribution to the sub-recipients. At this time, no additional action is requested from Council other than review and approval of the Sub-recipient Agreement.

CONCLUSION:

Staff respectfully requests the approval of the sub-recipient agreement template by the approval of Resolution No. 23- RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF EL CENTRO APPROVING THE FORM OF SUB-RECIPIENT AGREEMENT

WITH PUBLIC SERVICE PROVIDER IDENTIFIED IN THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT ONE-YEAR ACTION PLAN (2023-2024) FOR

FUNDING FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

UNDER THE ENTITLEMENT GRANTEE PROGRAM
ATTACHMENTS:
• TABLE 5 - 2023-24 Summary of Projects FINAL (PDF)
• Resolution FINAL (PDF)
• Agreement FINAL (PDF)
16 Packet Pg. 417
Summary of CDBG Projects for FY 2023-2024
2023 Allocation State CDBG
Program Income
Reprogrammed
Funds
Housing
Community Services Dept. -
Lead Based Paint Abatement Program Housing $ 5,000 $ 5,000 Community Services Dept. -
Asbestos Testing/Abatement Program Housing $ 10,000 $ 10,000 SUBTOTAL $ 15,000 $ 15,000
Public Services
Community Services Dept. -
Fair Housing Public Services $ 47,250 $ 47,250
Catholic Charities - Senior Nutrition Public Services $ 18,000 $ 15,900 $ 2,100 Catholic Charities - Homeless Day Center Public Services $ 6,000 $ 6,000 Sure Helpline Public Services $ 5,344 $ 5,344
El Centro PAL Public Services $ 10,000 $ 10,000
SUBTOTAL $ 86,594 $ 84,494 $ 2,100
Code Enforcmenet
Community Development Dept. -
Code Enforcement Code Enforcment $ 80,000 $ 80,000
SUBTOTAL $ 80,000 $ 80,000
Public Facilities / Infrastructure
CDBG Sidewalk Improvement Program
Public Facilities/
Infrastructure $ 280,331 $ 271,231 $ 9,100
SUBTOTAL $ 280,331 $ 271,231 $ 9,100 $ -
Planning & Administration
Community Services Dept. -
Program Administration Administration $ 115,481 $ 112,681 $ 2,800 SUBTOTAL $ 115,481 $ 112,681 $ 2,800
TOTAL FY 2023-2024
CDBG FUNDED PROJECTS $ 577,406 $ 563,406 $ 14,000 $ -

PROGRAM NAME

PROGRAM
TYPE

FUNDING
AMOUNT

PROPOSED FUNDING SOURCE

16.a
Packet Pg. 418 Attachment: TABLE 5 - 2023-24 Summary of Projects FINAL (6101 : Resolution Approving the 2023-24 08/2023/cdz/A23-0159/Reso/CDBGEntitlementSubrecipientAgrmtFY23-24 RESOLUTION NO. 23-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL

CENTRO APPROVING THE FORM OF SUB-RECIPIENT

AGREEMENT WITH PUBLIC SERVICE PROVIDERS IDENTIFIED IN
THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT ONEYEAR ACTION PLAN (2023-2024) FOR FUNDING FROM THE

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

UNDER THE ENTITLEMENT GRANTEE PROGRAM
WHEREAS, in 2004 the City of El Centro was designated as an entitlement community by the U.S Department of Housing and Urban Development (“HUD”); and WHEREAS, pursuant to that designation, the City annually receives funding from the CDBG Entitlement Program to address the housing and community development needs identified in that its action plans, as approved by HUD; and
WHEREAS, the City Council of the City of El Centro, California (the “City Council”) has submitted to HUD its Community Development Block Grant (“CDBG”) Five-Year Consolidated Plan (2019-2023) and One-Year Action Plan (2023-2024) and Citizens Participation Plan for funding under the Entitlement Grantee Program, which plans have been approved by HUD; and WHEREAS, pursuant to that One-Year Action Plan, the City enters into a form of subrecipient agreement to be used with those receiving such CDBG funds; and WHEREAS, the City Council finds that the attached agreement meets the requirements for the CDBG Entitlement Program and that its approval of said sub-recipient agreement is in the best interests of the City of El Centro, California (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 hereby.

2. That the City Council does hereby approve the attached form of sub-recipient agreement, a copy of which is on file in the office of the City Clerk.

3. That the City Manager is hereby authorized to enter into and sign a sub-recipient agreement with each of the public service providers identified in the City’s CDBG One-Year Action Plan (2023-2024) and to take any and all necessary actions to implement the provision of such agreement.

4. That an original copy of the fully executed sub-recipient agreement with each public service provider shall be filed and maintained 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

16.b
Packet Pg. 419 Attachment: Resolution FINAL (6101 : Resolution Approving the 2023-24 CDBG Entitlement Subrecipient Agreement) 08/2023/cdz/A23-0159/Reso/CDBGEntitlementSubrecipientAgrmtFY23-24 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 foregoing Resolution No. 23- was duly and regularly adopted at a regular meeting of the City Council of the City of El Centro, California, held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

By: __________________________
Norma Wyles, City Clerk

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Packet Pg. 420 Attachment: Resolution FINAL (6101 : Resolution Approving the 2023-24 CDBG Entitlement Subrecipient Agreement) 08/2023/cdz/A23-0159/CDBGEntitlement
ProgSubrecipientFY23-24 Page 1 of 25

AGREEMENT
THIS AGREEMENT is entered effective as of , , at El Centro, California, between CITY OF EL CENTRO, a municipal corporation, referred to as "City", and , a nonprofit community service organization, referred to as "Subrecipient". City and Subrecipient agree as follows:

RECITALS
(a) Subrecipient has requested financial assistance from City for fiscal year 2023- 2024 from funds available through the U.S. Department of Housing and Urban DevelopmentCommunity Development Block Grant Program (CDBG). (b) Subrecipient represents that the expenditures authorized by this Agreement are for the provision of public services or those for which there is a valid and eligible community development purpose, as defined in 24 CFR, Part 570 in accordance with federal law and regulations, and that all funds granted under this Agreement will be used for no purpose other than those purposes specifically authorized. The scope of services for this particular grant are set forth in Exhibit "A", attached hereto and incorporated into this Agreement as though fully set forth herein.
(c) Subrecipient will comply with applicable uniform administrative requirements, as described in 24 CFR, Part 570.502.
(d) Subrecipient will carry out each activity, program and/or project in compliance with all federal laws and regulations as set forth in 24 CFR, Part 570 (and as described in Subpart K) with the following exceptions, (i) the Subrecipient does not assume the environmental responsibilities of the City as described in 24 CFR, Part 570.604, and; (ii) the Subrecipient does not assume the City's responsibilities for initiating the review process under Executive Order Number 12372 (24 CFR, Part 52).
(e) Subrecipient will comply with the applicable requirements set forth in the Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, as amended, (URA), 49 CFR, Part 24 in accordance with federal regulations when attempting to or acquiring any building or parcel of land. Subrecipient will be required to obtain written approval from the City Manager of the City or designee referred to as the "City Manager," prior to any activity taking place within the confines of URA 49 CFR, Part 24, as amended.

1. RECITALS
The Recitals set out above are true and correct.

2. PAYMENTS
(a) City shall reimburse Subrecipient for allowable costs incurred under the scope of this Agreement and applicable federal regulations, which have not otherwise been paid or reimbursed. Such reimbursement will be made on a monthly or quarterly basis, with the total of all such reimbursements not to exceed dollars

16.c
Packet Pg. 421 Attachment: Agreement FINAL (6101 : Resolution Approving the 2023-24 CDBG Entitlement Subrecipient Agreement) 08/2023/cdz/A23-0159/CDBGEntitlement
ProgSubrecipientFY23-24 Page 2 of 25
($ ). Changes or modifications to the identified scope of services or term of the agreement will not be allowed without prior written consent of the Community Services Director or designee, referred to as the “Community Services Director”. (b) City's obligation to pay or continue to pay or reimburse all sums to be paid by City hereunder is expressly conditioned upon availability to and receipt of funds by City for said uses and purposes.

3. TERM
This Agreement shall commence on , , and terminate on , . All work shall commence on , , and shall be completed no later than , .Notwithstanding, in the event of extraordinary circumstances, as determined in the sole discretion of the City Manager, the term of this Agreement may be extended by a one-year period.

4. USE OF FUNDS; BUDGET; TRAVEL LIMITAT
(a) The funds paid to Sub-recipient shall be used by it solely for the purposes set forth in this Section, and in accordance with the program budget submitted by Subrecipient to the City of El Centro Community Services Department, referred to as the "Department", a copy of which is attached to this Agreement as Exhibit "B" attached hereto and incorporated into this Agreement as if fully set forth herein. The comprehensive budget, included in the application, shall list all sources of funding for the program covered by this Agreement, whether from state, federal, local or private sources, and shall identify which sources are paying for which specific portions of the program, by line-item, to the extent practicable. (b) No travel expenses for out-of-state travel shall be included in this program unless specifically listed in the budget as submitted and approved, and all travel expenses to be funded from funds provided hereunder shall be specifically identified as travel expense, which shall be negotiated between the Department and Subrecipient as listed in the budget. Any travel expenses incurred by Subrecipient above the budgeted amount or for out-of-state travel shall not be eligible for reimbursement unless the prior written approval of the City Manager or designee has been obtained.
(c) Funds shall be used for purposes authorized by the Community Development Block Grant Program only, and no portion of the funds granted hereby shall be used for any purpose not specifically authorized by this Agreement. (d) Only net payroll shall be periodically reimbursed by City as an allowable cost.

Any amounts withheld by Subrecipient from an employee's pay for taxes, social security, or other withholdings and not actually paid over to another entity, shall not be included as wages or expenses eligible for reimbursement as an allowable cost until such time as the withheld taxes, social security, or other withholding are immediately paid over to another entity entitled to such payment. Upon such payment and the submission of evidence of such payment to the Department, such expenses shall be regarded as an allowable cost, and the City shall reimburse

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Packet Pg. 422 Attachment: Agreement FINAL (6101 : Resolution Approving the 2023-24 CDBG Entitlement Subrecipient Agreement) 08/2023/cdz/A23-0159/CDBGEntitlement
ProgSubrecipientFY23-24 Page 3 of 25
Subrecipient for such obligation.
(e) Sub-recipient may request any minor modification to the budget during the first three (3) quarters of the fiscal year, so long as Subrecipient is in compliance with these requirements. Any such modification must be made on a monthly or quarterly basis, with the budget modification request. A variation in the itemization of costs, as set forth in the proposed budget submitted to City, not to exceed fifty percent (50%) of allocation, may be allowed only as provided below, and provided that the prior written approval of the City Manager is obtained, it being understood that the total amount of the grant shall not be varied thereby.

The Subrecipient may grant budget modifications to this Agreement when such modifications;
(1) do not exceed $10,000 per budget cost category;
(2) are specifically requested by Subrecipient;
(3) do not alter the amount of compensation under this Agreement; (4) will not change the eligibility of the project goals or scope of service; (5) are in the best interests of the both the City and Subrecipient in performing the scope of services under this agreement;
(6) when related to salaries are in accordance with applicable salary ordinances or laws; and
(7) any request for a minor budget modification must be submitted to the City for consideration no later than , .
(f) The parties intend that grant funds not obligated or expended within the time period covered by this Agreement shall revert to the City. No reserve for the future shall be established with such funds except as may be authorized to meet commitments made for services provided during the period of this Agreement, but not yet paid for at the conclusion of the term of this Agreement. (g) Subrecipient shall remain in compliance with all state, federal and local laws and regulations prior to the receipt of any reimbursement hereunder. This includes, but is not limited to, all laws and regulations relative to the form of organization, local business licenses and any laws and regulations specific to the business and activity carried out by Subrecipient. Reimbursement shall not be made to a Subrecipient who is not operating in compliance with all applicable laws. Reimbursements may subsequently be paid, at the written direction of the Community Services Director, for reimbursement of costs incurred during the period when compliance is achieved before expiration of this Agreement.

5. ACCOUNTING; AUDIT
(a) Prior to the final payment under this Agreement, and at such other times as may be requested by the City Manager, Subrecipient shall submit to the Community Services Department/Economic Development Division an accounting of the proposed and actual expenditures of all revenues from whatever source accruing to the organization for the fiscal year ending , .
(b) Financial records shall be maintained by Subrecipient in accordance with

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Generally Accepted Accounting Principles, and in a manner, which permits City to trace the expenditures of funds to source documentation. All books and records of Subrecipient are to be kept open at any time during the business day for inspection by the City, its officers or agents, and by any representative of the United States Department of Housing and Urban Development authorized to audit Community Development Block Grant programs.
(c) Standards for financial management systems and financial reporting requirements established by 24 CFR, Parts 85.20 and 85.22 shall be fully complied with by Subrecipient.
(d) Sub-recipient's financial management system shall provide for accurate, current and complete disclosure of the financial results of each program sponsored by the Agreement. It is the responsibility of Subrecipient to safeguard adequately all assets of the program, and Subrecipient shall assure that they are used solely for authorized purposes.
(e) Sub-recipient is required to submit a current audited financial statement during the program year.

6. SERVICES AVAILABLE TO RESIDENTS
The services of Subrecipient shall be made available to all residents and inhabitants of the City of El Centro unless otherwise noted in Exhibit "A" or subject to other applicable restrictions. No person shall be denied service because of race, color, national origin, creed, religion, sex, marital status, transgender status or physical handicap or other protected categories. Subrecipient shall comply with all applicable federal Affirmative Action guidelines in its employment practices as more fully set out in Section 10 AFFIRMATIVE ACTION below.

7. BENEFICIARY QUALIFICATION
(a) Persons qualifying for services on the basis of income shall have an annual household gross income equal to or less than the U.S. Department of Housing and Urban Development (HUD) Section 8 (of the United States Housing Act of 1937) Income Limits. HUD Section 8 Income Limits define the maximum annual household gross income for low-and moderate-income households for Imperial County, which are set forth in Exhibit "C", attached hereto and incorporated into this Agreement as though fully set forth herein. Subrecipient is responsible for obtaining from the City the current applicable HUD Section 8 Income Limits for each year. The Subrecipient shall document the household income of all program beneficiaries. Under CDBG regulations, the following clientele categories are presumed to be low-and moderate-income persons and can qualify for service regardless of income: abused children, battered spouses, elderly persons (62 and older), severely disabled adults, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers.
(b) If the Subrecipient operates a program located in and which will serve the

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residents of an area, identified by the U.S. Census Bureau Reports, as having at least 51% low- and moderate-income households, it will be presumed that over 51% of the persons who benefit from the services will be of low-and moderate income. In this case, no further documentation of beneficiary will be required.

8. MONITORING AND REPORTING PROGRAM PERFORMANCE
Subrecipient shall also monitor the program's activities and submit written reports quarterly, or more often if requested, to the Community Services Director in accordance with 24 CFR, Part 85.41 (c) (d) and Part 85.21. The monthly reports shall be submitted to the Community Services Department/Economic Development Division no later than the 30th of each month. Failure to provide such monthly performance reports may prevent the processing by City of Subrecipient’s request for reimbursement, and may justify temporary withholding as provided for in Section 14, TEMPORARY WITHHOLDING hereof. City reserves the right to waive such breach, without prejudice to any other of its rights hereunder, upon a written finding by the Community Services Director, that such failure was due to extraordinary circumstances and that such breach has been timely cured without prejudice to the City.

9. PROCUREMENT PRACTICES; CONFLICT OF INTEREST
Subrecipient shall comply with procurement procedures and guidelines established by 24 CFR, Part 85.36 (d) (1), Subrecipient "Procurement Standards". In addition to the specific requirements of 24 CFR, Part 85, Subrecipient shall maintain a code or standards of conduct that shall govern the performance of its officers, employees and agents in contracting with and expending the federal grant funds made available to Subrecipient under this Agreement.

Subrecipient's officers, employees or agents shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or potential contractors. To the extent permissible by state law, rules and regulations, the standards adopted by Subrecipient shall provide for penalties, sanctions or disciplinary actions to be applied for violations of such standards by the Subrecipient's officers, employees or agents, or by contractors or their agents.

Subrecipient shall provide a copy of the code or standards adopted to City forthwith.

All procurement transactions without regard to dollar value shall be conducted in a manner to provide maximum open and free competition. The Subrecipient shall be alert to organizational conflicts of interest or non-competitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. Subrecipient agrees to adhere to conflict of interest provisions set forth in 24 CFR Section 570.611 and to the procurement rules specified in 24 CFR, Part 85.36, in its expenditure of all funds received under this Agreement.

10. AFFIRMATIVE ACTION AND CONTRACT COMPLIANCE
(a) Subrecipient shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment and career advancement opportunities for small businesses, minorities, and women. In addition, Subrecipient shall make every effort to employ residents of the area and shall keep a record of the positions that have been created directly or as a result of this program. To the greatest extent feasible, opportunities for training and

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employment be given to low- and moderate-income persons residing within the project area and contracts for work in connection with the project be awarded to eligible business concerns which are located in, or owned in substantial part by persons residing in the area of the project, pursuant to the regulations for contained in 24 CFR 135, as amended from time to time.
(b) Subrecipient shall comply with Executive Orders 11246 (Equal Employment Opportunity), 11375 (amending E.O. 11246), 11625 (Minority Business Enterprise), 12138 (National Women's Business Enterprise), 12432 (Minority Business Enterprise Development), 12250 (Leadership and Coordination of Nondiscrimination Laws), Title VII of the Civil Rights Act of 1964, the California Fair Housing and Employment Act, applicable California Public Contracts Code, and other applicable federal, state, and City laws, regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
(c) Affirmative Action
(1) Approved Plan
The Subrecipient agrees that it shall be committed to carrying out an Affirmative Action Plan/Program in keeping with the principles as provided in President's Executive Order 11246 (Equal Employment Opportunity) as amended by Executive Orders 11375, 11478, 12086, 12107 and 13279.
(2) Small, Minority and Women-owned Business Enterprise The Subrecipient will use its best efforts to afford small, minority, and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this Agreement. As used in this Agreement, the term "minority group members" means those groups of United States citizens found to be disadvantaged by the Small Business Administration pursuant to Section 8(d) of the Small Business Act. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.
(d) Access to Records. The Subrecipient shall furnish and cause each of its own Subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.
(e) EEO/AA Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer.

11. ADDITIONAL REQUIREMENTS FOR CONSTRUCTION PROJECTS:

Anti-Kick Back

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(a) In addition to all applicable requirements set out in this Agreement, all contracts for construction or repair using funds provided under this Agreement shall include a provision for compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in Department of Labor Regulations (29 CFR, Part 3). This Act provides that each contractor or sub-grantee shall be prohibited from inducing, by any means, any person employed in the construction, completion or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Subrecipient shall report all suspected or reported violations to the City.

All contracts in excess of $10,000.00 entered into by Subrecipient using funds provided under this Agreement shall contain a provision requiring compliance with Equal Employment Opportunity provisions established by Executive Order Number 11246, as amended.
(b) Subrecipient agrees to comply with all Federal Statutes relating to equal opportunity and non-discrimination including but not limited to:
(1) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) which prohibits discrimination on the basis of race, color or national origin; (2) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1686), which prohibits discrimination on the basis of sex; (3) Section 504 of the Rehabilitation Act of 1973, as mended (29 U.S.C. 794), which prohibits discrimination on the basis of handicap; (4) The Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age;
(5) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing.
(6) NON-DISCRIMINATION CLAUSE: During the performance of this project, neither Subrecipient nor any subcontractors shall unlawfully discriminate, harass, or allow harassment against any employee for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the evaluation and treatment of their employees for employment are free from such discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov.

Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).

The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this project by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Subrecipient and subcontractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the project.

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12. PREVAILING WAGE REQUIREMENT
Any construction contracts awarded by Subrecipient using funds provided under this Agreement in excess of $2,000.00 shall include a provision for compliance with the DavisBacon Act [40 U.S.C. 276(a) to 276(a)(7) and 40 USC Section 3141 et seq] and as supplemented by Department of Labor Regulations (29 CFR). Under this act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. Subrecipient shall report all suspected or reported violations to the City.

Subrecipient shall pay employees not less than once per week.

The Sub-recipient must also secure a schedule of rates from the state of California Department of Industrial Relations and incorporate both State and Federal schedules of rates in construction contracts. The Subrecipient is responsible for seeing that the wage rates shown in the contract documents reflect not less than the higher of the Federal or State rate by trade and that contractor pay the higher of the current applicable state of California or Federal wage rate.

13. COMPLIANCE WITH OTHER PROGRAM REQUIREMENTS
Subrecipient shall comply with all applicable federal laws and regulations set forth under the Subpart K of 24 CFR Part 570 as those may be amended from time to time:
(a) 24 CFR Part 570.601 -Affirmatively Furthering Fair Housing Public Law 88-352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR Part 1; Public Law 90-284, which is the Fair Housing Act (42 U.S.C. 3601-3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act; and executive Order 11063, as amended by Executive Order 12259 (3 CFR Part, 1959-1963 Comp., p.652; 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR Part 107, also apply.
(b) 24 CFR Part 570.602- Section 109 of the Housing and Community Development Act Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibition against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR Part 6.
(c) 24 CFR Part 570.603- Labor Standards- Section 110(a) of the Act contains labor

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standards that apply to non-volunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. The regulations in 24 CFR Part 70, apply to the use of volunteers.
(d) 24 CFR Part 570.604 - Environmental Standards - For purposes of section 104(g) of the Act, the regulations in 24 CFR Part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities.

The City shall assume the environmental review procedures under this Agreement.
(e) 24 CFR Part 570.605- National Flood Insurance Program - Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR Parts 59 through 79 apply to funds provided under Part 570. (f) 24 CFR Part 570.606 - Displacement, Acquisition and Relocation Requirements.

Such requirements shall be governed by the provisions of 24 CFR Part 570.606 as those may be amended from time to time.
(g) 24 CFR Part 570.607 - Employment and Contracting Opportunities - Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264) (Equal Employment Opportunity), and Executive Order 13279 (Equal Protection of the Laws for Faith-Based and Community Organizations), 67 FR 77141, 3 CFR, 2002 Comp., p. 258; and the implementing regulations at 41 CFR chapter 60; and Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR Part 135. (h) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin or other protected class. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin or protected class. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
(i) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin or protected class.

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(j) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(k) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (l) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(m) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(n) In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(o) The contractor will include the provisions of paragraphs (1) through (8) in every subcontractor purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance:

Provided, however, that in the event the contractor becomes involved in, or is

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threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

Federally assisted construction contracts.

Except as otherwise provided, each administering agency shall require the inclusion of the following language as a condition of any grant, contract, loan, insurance, or guarantee involving federally assisted construction which is not exempt from the requirements of the equal opportunity clause:
(a) The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
i. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
iv. The contractor will send to each labor union or representative of workers

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with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
v. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
vi. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and sub-contractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the

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administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and sub-contractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.

In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:

Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (b) 24 CFR Part 570.608 - Lead Based Paint - The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at Part 35, subparts A, B, J, K, and R of this part apply to activities under this program.
(c) 24 CFR Part 570.609- Prohibition of Use of Debarred, Suspended or Ineligible Contractors or Subrecipients.

The requirements set forth in 24 CFR Part 5 apply to this program.
(d) 2 CFR Part 200 and 24 CFR Part 570.610 - Uniform Administrative Requirements and Cost Principles.

The City, its agencies or instrumentalities, and Subrecipient shall comply with the policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circulars A-87, A-110 (implemented at 24 CFR Part 84), A-122, A-133 (implemented at 24 CFR Part 45), and A-128 (implemented at 24 CFR Part 44), as applicable, as they relate to the acceptance and use of Federal funds under this part. The applicable sections of24 CFR Parts 84 and 85 are set forth at 24 CFR Part 570.502.

The recipient, its agencies or instrumentalities, and subrecipients shall comply with 2 CFR part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards", as set forth at§ 570.502. (e) 24 CFR Part 560.611 - Conflict of interest.

In addition to other conflict of interest requirements, the procurement of supplies, equipment, construction, and services by recipients and by subrecipients, the conflict of interest provisions in 24 CFR Part 85.36 and 84.42, respectively, shall apply. No person who is an employee, agent, consultant, officer, or elected official or appointed official of City, or of

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Subrecipient who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this contract, or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG-assisted activity, or with respect to the proceeds of the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. (f) 24 CFR Part 560.612- Executive Order 12372
The Executive Order applies to Subrecipient program only where the proposed use funds is for the planning or construction (reconstruction or installation) of water or sewer facilities. The City is responsible to initiate the Executive Order Process for activities subject to review.
(g) 24 CFR Part 560.613- Eligibility Restrictions for Certain Resident Aliens Certain newly legalized aliens, as described in 24 CFR Part 49, are restricted from applying for benefits under the City's CDBG program. The restrictions under this section apply only to applicants for new benefits not being received by covered resident aliens as of the effective date of the regulation. Compliance can be accomplished by obtaining certification as provided in 24 CFR Part 49.20. However, pursuant to interim guidance on published in the Federal Register by the Department of Justice on November 17, 1997, nonprofit, charitable organizations are exempt from these provisions.
(h) 24 CFR Part 560.614 - Compliance with the Architectural Barriers Act and Americans with Disabilities Act
The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that insure accessibility to, and use by, physically handicapped people.
(i) The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26, 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable - that is, easily accomplishable and able to be carried out without much difficulty or expense.

REQUIREMENTS AND REGULATIONS PERTAINING TO DATA AND DESIGN:

All data and design and engineering work created under this project shall be owned by the District and shall not be subject to copyright protection. The rights to any

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invention that is developed in the course of this project shall be the property of the District.

COMPLIANCE WITH CLEAN AIR ACT AND CLEAN WATER ACT:

Contractor shall comply with all applicable standards, orders and requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h).

1. Contractor shall comply with all applicable standards, orders and requirements issued under Section 508 of the Clean Air Act (33 U.S.C. 1368).

2. Contractor shall comply with Executive Order 11738 and Environmental Protection Agency regulations (40 CFR Part 15).

COMPLIANCE WITH ENERGY POLICY AND CONSERVATION ACT
(Pub. L. 94-163, 89 Stat. 871): The contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

14. CITY APPROVAL OF ANY CHARGES; USE OF PROGRAM INCOME (a) City hereby requires Subrecipient to notify the City in writing of its intent to charge a fee for any service, the provision of which is assisted pursuant to the Agreement. City requires Subrecipient to obtain prior written City approval for any charges or fees to be charged by Subrecipient for such services, and of any rules and regulations governing the provision of services hereunder. (b) Program income represents gross income received by the Subrecipient directly generated from the use of funds provided hereunder. Such earnings include interest earned on advances and may include, but will not be limited to, income from service fees, sale of commodities, usage and rental fees for real or personal property using the funds provided by this Agreement. As to such income, it shall be first applied to eligible program activities, before requests for reimbursement and, in the use, shall be subject to all applicable provisions of this Agreement.

Income not so applied shall be remitted to City, as provided in and subject to the provisions of 24 CFR 570.503 (b) (3), Subrecipient shall remit all unspent program income to the City within thirty (30) days subsequent to the end of the program year ( , ).

15. TEMPORARY WITHHOLDING
The City Manager is authorized to temporarily withhold the payment of funds to Subrecipient when the Director of Community Services determines that any violation of this Agreement has occurred. Funds shall be withheld upon fifteen (15) days written notice of violation from the Director of Community Services to Subrecipient. Subrecipient shall have the right to appeal the decision of the City Manager to the City Council. The sole grounds for such appeal shall be that no violation of the Agreement has occurred. Subrecipient may file a written

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notice of appeal with the City Clerk within fifteen (15) days after the notice of withholding is mailed to the Subrecipient. The City Clerk shall set a date for the hearing before the City of such appeal within thirty (30) days following the date the appeal is filed and shall mail to the Subrecipient notice of such hearing ten (10) days prior to the hearing.

16. RECORDS RETENTION
Financial records, supporting documents, statistical records, and all other records pertaining to the use of the funds provided under this Agreement shall be retained by Subrecipient for a period of four (4) years, at a minimum, and in the event of litigation, claim or audit, the records shall be retained until all litigation, claim or audit findings involving the records, have been fully resolved. Records for non-expendable property acquired with federal funds provided under this Agreement shall be retained for four (4) years after the final disposition of such property.

17. PROPERTY MANAGEMENT STANDARDS
(a) Non-expendable personal property, for the purposes of this Agreement, is defined as tangible personal property, including, but not limited to office equipment, purchased in whole or in part with federal funds, which has a useful life of more than one (1) year and an acquisition cost of five hundred dollars ($500.00) or more per unit. Real property means land, including, land improvements, structures and appurtenances thereto, excluding movable machinery and equipment. All nonexpendable personal property and real property purchased with or improved by funds provided under this Agreement shall be subject to the property management standards set forth in 24 CFR, Part 85.32.
(b) The Subrecipient shall obtain at least three comparable price quotes and receive Department approval of the item(s) selected prior to purchasing or leasing any nonexpendable personal property or equipment over $500 per unit value and having a useful life of more than one (1) year. Such property shall be properly identified and inventoried and shall be charged at its actual price deducting all cash discounts, rebates, and allowances received by Subrecipient. This inventory shall be provided to the City upon request.
(c) Subrecipient shall obtain written approval from the Department prior to selling or disposing of any nonexpendable property or equipment. Any proceeds generated from the sale of such property or equipment shall be subject to the provisions of Section 14, USE OF PROGRAM INCOME.
(d) Upon termination of this Agreement, the City reserves the right to determine the final disposition of said nonexpendable property acquired for this program with CDBG funds, including funds derived therefrom. Said disposition may include the City taking possession of and title to said nonexpendable property.

18. TERMINATION FOR CAUSE
(a) City reserves the right to terminate this Agreement in accordance with 24 CFR,

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Part 85.43, and any and all grants and future payments under this Agreement, in whole or in part, at any time before the date of completion of this Agreement whenever City determines that the Subrecipient has materially failed to comply with the terms and conditions of this Agreement. In the event City seeks to terminate this Agreement for cause, the City Manager shall provide the Subrecipient with not less than twenty-one (21) days written notice of the City's intent to terminate the Agreement setting forth the reasons therefore, the documents relied upon for such actions, which documents shall be attached to the notice, the intended termination date and the date and time the City Council will consider the recommendation of the City Manager and determine whether or not cause exists to terminate the Agreement. After the Deputy City Manager presentation to the City Council, the Subrecipient shall have the right to appear before the City Council and provide a written and/or oral response to show cause why the Agreement should not be terminated. Upon determination by the City Council that the contract should be terminated for cause, notice thereof, including reasons for the determination, shall promptly be mailed to the Subrecipient, together with information as to the effective date of the termination. Such notice may be given orally at that hearing. The determination of the City Council as to cause shall be final.
(b) In the event of any termination whether for cause or for convenience, Subrecipient shall forthwith provide to the City Manager any and all documentation needed by the Department to establish a full record of all moneys received by Subrecipient and to document the uses of same.

19. TERMINATION FOR CONVENIENCE
(a) City or Subrecipient may terminate this Agreement in whole or in part provided both parties agree that the continuation of the project would not produce beneficial results commensurate with further expenditure of funds. In such event, the parties shall agree upon the termination conditions, including the effective date and, in the case of partial terminations, the portion to be terminated. The Subrecipient shall not incur new obligations for the terminated portion after the effective date and shall cancel as many outstanding obligations as possible. City shall allow Subrecipient full credit for the City's share of the non-cancelable obligations properly incurred by the Subrecipient prior to termination. (b) Termination of this Agreement by the City or Subrecipient may also be made by written notification to awarding agency, setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. However, if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in its entirety under 24CFR, Part 85.43.

20. REVERSION OF ASSETS
Subrecipient agrees that upon expiration of this Agreement, the Subrecipient shall

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transfer to the City any and all CDBG funds not used at the time of expiration and any accounts receivable attributable to the use of CDBG funds. Subrecipient agrees that any real property under its control, which was acquired or improved, in whole or in part, with CDBG funds in excess of $25,000 shall either, (i) be used to meet one (1) of the three national objectives as set forth in 24 CFR, Part 570.208 until five (5) years after termination of CDBG Program or such longer period of time as determined appropriate by the City, or; (ii) is disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property less any portion thereof attributable to expenditure of, or improvement to the property with non-CDBG funds by Subrecipient. Such reimbursement is not required after the period of time specified in "i" above

21. RELIGIOUS PROSELYTIZING OR POLITICAL ACTIVITIES
(a) Subrecipient agrees that it will not perform or permit any religious proselytizing or political activities in connection with the performance of this Agreement.

Funds under this Agreement will be used exclusively for performance of the services required under this Agreement and no funds shall be used to promote any religious or political activities.
(b) Pursuant to 24 CFR Parts 570.200 G) and 570.207(a)(3), Subrecipient agrees that it will not engage in inherently religious activities (such as worship, religious instruction, or proselytization) or political activities as part of the programs or services funded under this Agreement. Funds under this Agreement will be used exclusively for performance of the work required under this Agreement and no funds made available under this Agreement shall be used to promote any inherently religious or political activities.
(c) Subrecipient further agrees that, in connection with such services:
(1) It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion; (2) It will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion;
(3) It will provide no religious instruction or counseling, conduct no religious workshop or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services; (4) The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any facility which is owned by the Subrecipient and in which the scope of services are to be provided; provided that, minor repairs may be made if such repairs (1) are directly related to the services, (2) are located in a structure used exclusively for non-religious purposes, and (3) constitute in dollar terms only a minor portion of the CDBG expenditure.

22. HOLD HARMLESS, SUBRECIPIENT INDEPENDENT CONTRACTOR

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Subrecipient shall indemnify, save and hold harmless and defend (with attorneys approved by the City) the City of El Centro and its officers, employees and agents from all damages, liabilities and charges, expenses (including but not limited to expert and counsel fees for counsel acceptable to City), suits or losses, however occurring, arising or alleged to arise out of the use of or receipt of funds paid under this Agreement and all operations and performance or failure to perform under this Agreement. Payments under this Agreement are made with the understanding that the City is not involved in the performance of services or other activities of the Subrecipient. Subrecipient and its employees and agents are independent contractors and not employees or agents of City.

23. INSURANCE REQUIREMENTS
(a) The following insurance coverage will be provided by Subrecipient and maintained on behalf of the City and in accordance with the requirements set forth herein.
(b) Commercial General Liability Insurance. Primary liability insurance shall be provided on ISO-CGL from No. CG 00 01 11 85 or 88, or in such other form and with specific coverage and with insurer(s) as may be required by City. Total limits shall be no less than one million dollars ($1,000,000) per occurrence for all coverages and one million dollars ($1,000,000) general aggregate. City and its officers, employees and agents shall be added as additional insureds using ISO additional insured endorsement form CG 20 10 11 85 (with an endorsement form with an edition date on or before 1990), or such other endorsement form as may be required by City.
(c) Automobile Insurance. Proof of automobile insurance is required covering both bodily injury and property damage in an amount not less than $500,000 per occurrence and an aggregate limit of not less than $1,000,000 for all vehicles used in connection with performing and administering the services described in the Subrecipient Agreement including, but not limited to, Subrecipient owned, leased and hired vehicles as well as Subrecipient’s employee vehicles. (d) Workers' Compensation/Employer's Liability Insurance. Coverage shall be written on a policy form providing workers' compensation statutory benefits as required by law. Employer's liability limits shall be no less than one million dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents.
(e) “It is agreed that the City of El Centro and its officers, employees and agents are added as additional insureds under this policy, solely for work done by and on behalf of the named insured for the City of El Centro.” (f) All policies of insurance shall be endorsed to require 30-days prior written notice to the City of suspension or cancellation of the policy.

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(g) Coverage shall be occurrence based only and shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance, primary or excess, available to City or any employee or agent of City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured.

Coverage shall be provided on a "pay on behalf basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusion. Policies shall have concurrent starting and ending dates. Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City, its employees or agents.

24. AMENDMENT
This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of any provision or provisions.

25. ASSIGNMENT
Subrecipient shall not assign this Agreement without the prior written consent of City.

26. NOTICES
All notices herein required shall be in writing and delivered in person or sent certified mail, postage prepaid, addressed as follows:

AS TO CITY: AS TO SUBRECIPIENT:

City Manager
City of El Centro
1275 Main Street
El Centro, CA 92243
Attn: Community Services Director

27. EVIDENCE OF AUTHORITY
Subrecipient shall provide to City evidence in the form of a certified copy of minutes or resolution of the governing body of Subrecipient, or other adequate proof, that this Agreement has been approved in all its detail by the governing bod y of the Subrecipient, that the person(s) executing it are authorized to act on behalf of Subrecipient, and that this Agreement is a binding obligation on Subrecipient.

28. ENTIRE AGREEMENT
This Agreement and any document or instrument attached hereto or referred to herein integrate all terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations and prior writing in respect to the subject matter hereof. In the event of conflict between the terms, conditions or provisions of this Agreement, and any such document or instrument, the terms and conditions of the Agreement shall prevail. No waiver of any term or condition of this Agreement shall be a continuing waiver thereof.

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29. NO THIRD-PARTY BENEFICIARIES
No third party shall be deemed to have any rights hereunder against any of the parties hereto as a result of this Agreement.

30. ATTORNEY FEES
If any administrative or legal action is initiated hereunder or is required to enforce any provision in this Agreement, whether or not the matter proceeds to final judgment, Subrecipient shall be obligated to the City and City shall be entitled to receive and recover from Subrecipient all costs and expenses incurred by City, including all reasonable attorney fees.

31. COMPLIANCE WITH LAWS
All parties agree to be bound by applicable Federal, State, and local laws, ordinances, regulations, and directives as they pertain to the performance of this Agreement. This Agreement is subject to and incorporates the terms of the ACT; 24 Code of Federal Regulations, Part 570 and Part 85; and U.S. Office of Management and Budget Circulars A87, A-110, A-122, A-128 and A-133. (Signatures on the following page)

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first hereinabove written.

CITY OF EL CENTRO SUBRECIPIENT
____________________________ _____________________________ Cedric Ceseña, City Manager
ATTEST:
_________________________
Norma Wyles, City Clerk

APPROVED AS TO LEGAL FORM
Office of the City Attorney
______________________________
Elizabeth L. Martyn, City Attorney

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EXHIBIT "A"

SCOPE OF SERVICES

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EXHIBIT "B"
BUDGET
Category Amount Line Item Description
Salary
Fringe Benefits
$
$
Rent
$
Supplies
$
Utilities
$
$
$
Total CDBG Budget $

PLEASE NOTE - ANY MINOR BUDGET MODIFICATION REQUEST
MUST BE SUBMITTED NO LATER THAN MARCH 30, 2024. (Refer to page 3, Section 3-e)

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El Centro City CouncilSeptember 12, 2023

El Centro City Council
September 12, 2023